Original Date: 2-7-2000
Relates to: CFR 1304.50 h
SUBJECT: Impasse Resolution
PERFORMANCE OBJECTIVE: Timely resolution of any dispute or conflicting determination between the Policy Council and the ATCAA Board.
PURPOSE & DEFINITION:
The purpose of the policy is to guide the efforts of the ATCAA Early/Head Start Policy Council and the ATCAA Board of Directors (Board) in resolving any dispute or conflicting determination that arises in decision making as outlined in Head Start Performance Standards, 45 CFR §1304.50, Appendix A:. This would also include impasse between the Policy Council and the Executive Director in areas delegated to the Executive Director from the Board, such as hiring and firing of Early/Head Start employees.
It should be stressed that the Impasse Resolution Policy is a last resort, used only after normal process of negotiation and exchange of ideas between the Policy Council, the Executive Director, and the Board has failed to produce an agreement.
PROCESS
INFORMAL
1. The Executive Director, the Policy Council Chair, the ATCAA Board Chair and the Head Start Director shall meet to clarify and affirm the substance of and reasons for the impasse. . Resolution could occur due to re-examination.
FORMAL
1. If resolution did not occur informally during #1 above, the following persons will meet, designated as the Impasse Resolution Committee: Board Chairperson, Policy Council Chairperson (or another officer selected as an alternate by the Chair if the Chair is not available), a second Policy Council officer, , and a second Board officer selected by the Board Chairperson. Only members of this Impasse Resolution Committee will vote on proposed resolutions. The Executive Director and the Head Start Director will provide input and information to the committee as non-voting members. It may be that review of the opposing positions and their supporting rationale will serve to eliminate a lack of understanding or misinterpretation(s) that gave rise to the impasse, thus allowing the Policy Council officers and the Board officers to reach agreement.
2. If this meeting fails to result in a mutually satisfactory resolution of the impasse, the committee will select an outside mediator/facilitator to mediate at the next step and an additional voting committee member to participate in the mediation meeting(s). The additional participant may not be a member of the Board or the Policy Council, but selected from a community organization, school, government, or the community at large.
3. Participation in the mediation meeting(s) shall be required for the members of the Impasse Resolution Committee, which now includes the additional community member. The meeting(s) will take place as soon as possible with process completion no longer than 30 days from the first meeting of the committee in step #2. Resolution of the disputed issue shall be affirmed by majority vote of the Committee, which will be final.
For additional information, see the Service Area Plan, Bylaws, and Appendix A.
Policy Council Approved July 2013
ATCAA Board Approved December 2013