Promoting into a new position that was not advertised, violating board policy

[debr]

What is the name of your state? MS

The school board approved a new position in an organizational chart that had a person's name by the position. Is it legal for the superintendent to promote someone to that position if the board policy says you must advertise for new positions for a 14 day period? How does the board correct this action?

 

[quincy]

What is the name of your state? MS

If the school board approved a new position in an organizational chart that had a person's name by the position is it legal for the superintendent to promote someone in that position if the board policy says you must advertise for new positions for a 14 day period.

Possibly.

 

[adjusterjack]

What is the name of your state? MS

The school board approved a new position in an organizational chart that had a person's name by the position. Is it legal for the superintendent to promote someone to that position if the board policy says you must advertise for new positions for a 14 day period? How does the board correct this action?

Are you on the board trying to correct a mistake or are you a teacher who wanted the job?

 

[quincy]

School board members are elected. Here is a link to the law:

https://law.justia.com/codes/missouri/2019/title-xi/chapter-162/section-162-581/

 

[cbg]

I didn't read it that the position was with the school board, but was a school position to which someone was appointed without the posting generally required by policy.

 

[quincy]

I didn't read it that the position was with the school board, but was a school position to which someone was appointed without the posting generally required by policy.

Oh. You are probably right.

In that case, the policy would need to be read in its entirety.

 

[cbg]

Exactly, because not all policies are binding.

 

[quincy]

According to a message I received from debr, in a board meeting the school board approved by a 3-1 vote an organizational chart that included a new position. The superintendent promoted someone to fill this position. The new position that was filled is “assistant superintendent.”

I am going to guess that the superintendent is permitted under the policy to appoint his/her own assistant.

 

[cbg]

And I would agree that there is nothing in employment law that would prohibit this practice.

 

[quincy]

And I would agree that there is nothing in employment law that would prohibit this practice.

Then I guess the answer to debr’s question is best asked of the school board, if the answer cannot be found after reading the whole of the policy.