New JCC termination policy unpopular with staff

Jefferson Community College has a new policy that shortens the period between when some college employees are notified of their termination and their last day of work, and it has some college employees unhappy.

"I have great concern for my colleagues in administration who assumed their posts under one set of terms and conditions and now find themselves facing a change in terms and conditions that has been brought to them with no voice or representation," Jack N. Donato, assistant professor of computer science at the college, told the college board of trustees Wednesday. "I ask that the board consider postponing their action long enough to gather input and insights from those affected."

Mr. Donato addressed board members before they approved the policy. He is not directly affected by the policy change but said he has heard from other people who are but were afraid to address the board for fear of retribution.

Management/confidential employees include vice presidents, deans and some director positions at the college. Under the new policy, manage-ment/confidential employees who are not covered by the Faculty Association contract are at-will employees, one of the biggest changes.

In the new policy, employees can be terminated immediately for misconduct, with 30 days' notice for deficient performance, with 90 days' notice for financial exigency and with 180 days' notice for other reasons, according to the policy.

In the past, contracts for management and confidential employees at the college have included clauses that require notifying the employee of termination one year in advance.

"Management is usually employment at will, and a year notice is very expensive and restrictive," college President Carole A. McCoy said. "This is not about trying to hurt someone, but about giving the college the latitude to do what it needs to do."

Two positions at the college were cut as part of the 2010-11 school year budget: the director of the Center for Community Studies and the director of college outreach, positions held by Richard R. LeClerc and Gail W. Miller, respectively.

The employees were notified in the spring of their termination at the end of last school year, which didn't follow the required year notice period. They later were told they could remain in those director positions through April, to honor the year notice clause in their contracts.

Since then, Mr. LeClerc has resigned from JCC to take a position with Cornell Cooperative Extension, Mrs. McCoy said.

Joel F. LaLone, a mathematics professor, will fill in as center director during the fall semester, and college officials are developing a plan for how the center will function after that.

Mrs. McCoy said that the change in policy doesn't stem just from the positions that were cut and reinstated because of the clause in their contracts, but that it's something college officials were considering before that.

"The board has talked about wanting to make changes to that document for a long time. It wasn't just that we got ourselves in financial trouble and were scrambling to do something about it," Mrs. McCoy said. "And now is the right time to do it, effective with our fiscal year."