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Operator Volume 43 Issue 7 • Summer 2013

Great Memories Made at Recent Conference!

Ken and Tami Spanier receive the 2013 Jim DeVeau Award

Ken and Tami Spanier have been active members of MSBOA during their years in the school bus industry. Ken served as a board member and as our association’s president. He was very active in legislative issues and was instrumental in initiating the MSBOA website. Tami has consistently been an active and vocal member of the association, giving input on legislative issues and helping research safety and employer issues for the good of the whole association. Together, Ken and Tami Spanier have supported the MSBOA through fundraisers and events. Congratulations to them and Spanier Bus Service!

Chuck Peterson receives the 2013 Lifetime Achievement Award

Chuck Peterson has been a dedicated board member of the MSBOA for several terms, just stepping down this year. Chuck also served on the board for the National School Transportation Association (NSTA). Chuck Peterson, Jr. started working at Kottkes in June of 1969. Kottkes’ Bus Service, Inc. has been under contract with the Anoka-Hennepin Independent School District #11 to transport students since 1947. In that period of time, Kottkes’ has grown from a fleet of 1 bus to nearly 225 vehicles, and employing one person to a work force of 235. Congratulations to Chuck and his family, and all of Kottkes’ Bus Service!


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From the President Gaylen Lenz

The Operator MISSION STAT E ME NT:

Madelia Bus Service, Madelia, MN Wow, what a great time that was had at the summer conference. It was great to see some new faces there and I hope that they get actively involved in our association and continue to attend our conferences. It was also great to see some old friends and their smiling faces that we hadn't seen in awhile. I always look forward to the summer conference every year to relax and unwind and do a little business and educating. Most of us usually only see each other a few times during the year, but when we get together after a long school year, it is like coming home to a family reunion to enjoy everybody's company. We recognized some very special people at the banquet on that Monday night. We had six well deserving individuals who were honored as our Transportation Specialists of the Year. We honored Rudy Lundahl for his outstanding service and commitment to the MSBOA. We honored Ken and Tami Spanier with the Jim DeVeau Award and Chuck Peterson with the Lifetime Achievement Award. These are very dedicated people who have made a positive impact on our industry.

THE PURPOSE OF THE OPERATOR IS TO PROVIDE THE MEMBERSHIP OF THE MINNESOTA SCHOOL BUS OPERATORS ASSOCIATION WITH INFORMATION REGARDING CURRENT INDUSTRY ISSUES. THE OPERATOR IS PUBLISHED 11 TIMES A YEAR BY THE MSBOA, 10606 HEMLOCK ST. NW • ANNANDALE, MN 55302. FOR MORE INFORMATION CALL 320-274-8313. E-Mail msboa@lkdllink.net or FAX: 320-274-8027. Website: www.msboa.com SUBSCRIPTIONS ARE FREE WITH MEMBERSHIP. ADDITIONAL SUBSCRIPTIONS ARE $24.00 A YEAR. COPYRIGHT 2013.

On Tuesday, we elected a few new board members who will assume their duties at the October board meeting. They will help continue the rich tradition of keeping a watchful eye on the issues that affect our industry. We always strive to make Minnesota school buses the safest in the nation.

MEMBERS MAY MAKE PHOTOCOPIES OR USE ARTICLES AS NECESSARY PROVIDING THE SOURCE IS CITED.

I would like to say a Big Thank You to Shelly and Shari and the conference committee for all of their hard work anddedication for making this a memorable conference.

CO-EDITORS: SHARI DANZEISEN & SHELLY JONAS

Life is changing for the Lenz's. Our son Nicholas, is getting married in Alexandria on August 16th. The countdown is on until we get to that day. So we will be concentrating on that over this last month. Shari and I look forward to welcoming a new daughter in-law into our family.

LAYOUT & DESIGN: SHARI DANZEISEN

I hope everybody is enjoying their Summer and I wish you all the very best! Gaylen

BOARD OF DIRECTORS PRESIDENT GAYLEN LENZ FIRST VICE PRESIDENT RUDY LUNDAHL

SECOND VICE PRESIDENT JOSH SCHIFFLER

TREASURER

VIEWS PRESENTED IN THIS NEWSLETTER MAY NOT NECESSARILY REPRESENT THE OPINIONS OF THE ENTIRE MEMBERSHIP OR ITS BOARD OF DIRECTORS.

JOHN BENJAMIN, NORTHFIELD

KEN INSELMANN, WILLMAR

RUDY LUNDAHL, DULUTH

507.645.5720/FAX 645.5635 jbenjamin@northfieldlines.com

320.235.2110/FAX 235.1301 keni@willmarbus.com

218.724.1707 / FAX 724.2432 rudyl@voyageurbus.com

TOM BURR, ELK RIVER

SHELLY JONAS, ANNANDALE

CHARLES PETERSON, JR., ANDOVER

763.230.6020/FAX 241.0896 tburr@visionofelkriver.com

320.274.8313 / FAX 274.8027 shellyj@msboa.com

763.450.5385 / FAX 755.7622 cmp50bus@aol.com

ROBBIE ELLIOT, MOORHEAD 218.233.3404/FAX 233.5769 relliot1023@gmail.com

BRIAN KOCH, WACONIA 952.442.3370/FAX 442.2665 brian@kochbus.com

CONNIE GRISIM, STEWARTVILLE 507.533.8775/FAX 533.8775 grisimbus@aol.com

TOM HEY

DOUG GRISIM, LAKE CITY

EX-OFFICIO

651.345.4112/FAX 345.2118 dgrisim@embarqmail.ccom

DOUG GRISIM

TOM HEY, MARSHALL 507.532.4043 / FAX 532.9398 thomashey@iw.net

JIM KOONST, BELLE PLAINE 952.873.2362 / FAX 952.873.6499 stierbus@frontiernet.net

GARRETT REGAN, FARIBAULT 507.334.5121/ FAX 334.2039 gregan@minnesotacoaches.com

JIM SCHIFFLER, MINNEAPOLIS 320.266.1312 / FAX 251.6547 jims@sunburstmemorials.com

JOSH SCHIFFLER, CROSBY GAYLEN LENZ, MADELIA 507-726-6403 topbus65@hotmail.com

218.546.6156 / FAX 546.2886 jschiffler@crosbyironton.net


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Transportation Issues Committee Notes Summary: The summary of the May Transportation Issues meeting was approved. Minnesota Department of Education: Kelly Wosika provided follow up information on transportation for students that participate in the Safe at Home Program under the Minnesota Secretary of State Office. For transportation purposes, a Safe at Home participant family cannot be required to disclose their real address. A district may ask for an intersection near the family’s home or an address other than the family’s home in order to fulfill the transportation request made by the parent. This intersection or address should only be available to key personnel – a bus driver for example – in order for them to perform their jobs. Several new charter schools will be opening this fall. There was discussion on what training opportunities should be provided to them in regards to student transportation. There was a discussion on the Fostering Connections Act and how it relates to student transportation. A bulletin clarifying transportation responsibility and funding of education stability of children in foster care is forthcoming. Districts should be diligent about their transportation state reporting in order to get all information to MDE in a timely manner, before statutory deadlines. Districts would need to go through the appeal process if deadlines were not met. Office of Student Transportation Safety: Lieutenant Brian Reu said that some districts and contractors were given noticed of a drug and alcohol compliance review which will be done by the Federal Transit Administration (FTA). FTA implements regulations governing substance-abuse management programs. This is legitimate request rather than a bogus one that sometimes is made by imposters. There are three basic items the FTA is looking for when they implement a drug and alcohol compliance review: • The district or contractor’s policy follows federal regulations. • Documentation that the policy was given to the driver. • The list of drivers and the driver pool list match up with each other. Lieutenant Brian Reu reported that inspections are going pretty well. Only a few contractors and districts have compliance issues. Having cameras on buses to apprehend stop-arm violations is a tough battle as there is already a process in place for offenders. Miscellaneous: David Peterson mentioned that a select group from the Minnesota School Bus Safety Committee met to discuss the current student school bus training regulations and to recommend improvements. The group recommends the following legislative initiatives: • Move the student training requirement from district funding statutes to curriculum statutes. • Require superintendents of schools to certify compliance via the annual pupil transportation report. • Minnesota School Safety Week would be the first full week of October. Keith Paulson is a liaison with the Safe Routes to School Steering Committee. His assistance was requested to communicate these initiatives to the committee for discussion and support. David Peterson mentioned that Roseville Area Schools would provide transportation to the Harambee School under desegregation transportation. Desegregation or integration transportation is still a valid category for state aid for to-and-from school and to programs, classes or events. Adjourn: 10:30 a.m. Next Meeting: Joint meeting with the Office of Pupil Transportation Safety – Stakeholders Group on September 18, 2013, MDE Conference Center A, Room 13, 9:30 a.m. – 11:00 a.m.

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MSBOA Board Meeting Minutes June 9, 2013 • Ruttger’s Sugar Lake Lodge

The Board heard a presentation from Bill Coen, CRL Labs regarding a drug testing program. Jim Koonst made a motion to approve the minutes from the January meeting. John Benjamin seconded. Motion carried. Membership – There was discussion about the dues structure. The Membership Committee and Executive Committee will review the current structure and report back to the board. Board Election – John Benjamin and Gaylen Lenz will not be seeking re-election. Chuck Peterson also presented the board his resignation due to the fact that he is spending the majority of his time in Florida. Jim Schiffler presented his resignation due to the fact that he did not have a contract with a school district. Tom Burr was heading up the election committee. Any interested parties should speak with Tom. There was some discussion about reducing the board size. Transit – The board directed staff to prepare a budget for a continued fight against transit in Minnesota. The Conference Committee presented that attendance was up this year. The committee felt like the strong content drew a lot of interest. The Promotion Committee presented a tshirt that would be available for sale during the conference. The Promotion Committee also presented a proposal from Franklin Advertising for $5300 for the billboard campaign. The MSBOA was awaiting possible participation from the State Patrol on the program as well. Tom Hey made a motion to approve the proposal for up to $5300. Rudy Lundahl seconded. Motion Carried. PAC - The PAC had several fundraisers planned during the conference. Tom Keliher stated that the PAC should probably wait to spend any money for 6-8 weeks due to the summer legislative break. Discussion followed regarding the PAC and Transit expenses and if the money could be combined. The PAC has strict rules regarding how it collects and spends its money and it really can’t be combined with other funds. Transit/Contracts – Gaylen Lenz had asked Garrett Regan to lead this committee. Visitor Lt. Reu stated that the transit issue is important to the State Patrol and appreciates being kept in the loop with developments.

#

1 in Mobile Video Trusted by Minnesota school bus operators and districts for stop arm cameras, privacy blurring and wireless downloading.

“Thank you Minnesota for your continued support.” Malinda Sandhu malinda.sandhu@seon.com

Legislative – Tom Keliher stated that all day kindergarten passed and that the legislature raised 1.1% for the State Education formula. He briefed the board regarding his meetings on the Stop Arm Violation issues. Basically about 1% of those occurrences are actually making it through the court system and being fined. The MSBOA met with various interested parties and they came up with a plan to make the ticket a payable rather than a mandatory court appearance. Not everyone on the committee was on board with the plan and it ended up not being included in the bill. We will be working on the issue for next year. Tom Hey presented the Treasurer’s Report. Doug Grisim made a motion to approve. Josh Schiffler seconded. Motion Carried. Legal Report – Tom Revnew said that the Ban the Box legislation was not clearly written legislation. Fines will be assessed starting in January 1, 2015 if the box is not removed from the application. The School Bus industry is specifically mentioned as exempted, but it is not clear. Revnew suggests that you put on the application all the background checks that they will have to undergo. [A sample is included in this newsletter]

Continued on page 5. www.seon.com 1.877.630.7366


Dear Friends of the MSBOA.

Thank You...

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A wise man once told me “if you do not have the right words to say, it is better to say nothing”. I have also learned over the years that sometimes the right words don’t come even though I may want them to…. The surprise of being the recipient of the James DeVeau Award along with Ken was more than a shock to me, as I am sure it has been to other recipients in the past. Please know that both Ken and I are very thankful for this honor. When Shari told me a few weeks ago that Ken would be receiving the James DeVeau Award at the summer conference, she neglected to tell me that the award was going to both of us. To say I was stunned and speechless would be an understatement! For those who know me well, know that I am rarely at a loss for words…. Having ones name, company, and passion for the school bus industry aligned with the great Jim DeVeau is an honor beyond compare! The past year has given our family more than its share of shock and miracles, as many of you know. With the receiving of this award we are grateful for those who contributed to our success; our families, friends, and employees along with the membership of the MSBOA and its executive board and directors who we are proud to call friends. All who thought highly of our contributions to the school bus industry as special and deserving of this award, we are humbled and grateful! Thank you! Financing available through

Tami and Ken Spanier

MSBOA Board Minutes Continued from Page 4... Mandated Reporting – Revnew stated that there seems to be members who believe school bus drivers are mandated reporters and those that believe that they are not. The mandated reporting law states that all who work with children and their delegates are mandated reporters, but school bus drivers are not specifically mentioned. Revnew just wanted to make people aware about the conflict within the industry. The Unauthorized Rider Video was shown to the board. Tom Hey made a motion to donate $500 to the training center who produced the video and directed staff to discuss a potential % of profits for the remainder of the payment. Jim Koonst seconded. Motion carried. [Staff spoke to the training center who stated that their preference was for a $1000 donation instead of a % of profits. The board later held a vote to approve this instead of the previous motion.]


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What a Blast, MAN!!! Attendees had a great time at our recent conference during the “Groovy Night of FUNdraising”. Thanks to all who participated - What a fun night! The Friends of the MSBOA brought in $4,640.00 for the PAC fund in one night!!

Above: Holly Hoglund Klein and Rayme Bernick...These lovely ladies are just a couple hippies!

Above: Straight from Studio 54 DISCO ALL THE WAY BABY!: From L to R: Chuck Peterson, Don Black, and Sheila Peterson.

Above: Margo and Al Scepaniak such a cute couple...Flower Power!

Above: Peace, Man! L to R: Brian Hanson, Tara Pietersen, Linda Telin

Above: Chuck Peterson and his grandson party 70’s style! Right: Cara and Doug Grisim host a live auction, bringing in $500 for Julie Bernick’s old cowboy boots over a phone-in auction with Jay and Rayme Bernick. The “kicker” is Julie Bernick was the one who bought them back!


Newly Elected Board Member Introductions!

News and Views

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A CONTINUING SERIES OF BOARD COMMENTARIES

Steve Latour Monarch Bus Service, Inc.

My name is Steve Latour and I���m excited about being one of the newest members selected to serve on the MSBOA Board. I’m waht you would call an employee who has come up through the ranks of the busing industry. In 1989 I started driving school bus in the tropical city of Duluth, Minnesota. In 1991 I moved to the Twin Cities and continued driving but instead of the school bus I switched to driving motor coaches. In 1995 I started dispatching for Mike Clark at Hastings Bus Company which eventually led me to be the assistant manager. In 2004 I was promoted to be the terminal manager for Monarch Bus Service, Inc. Currently, Monarch Bus Service, Inc. provides daily route service for St. Paul Public Schools and multiple charter and private schools in the metro area. I currently oversee multiple locations in the Twin Citites are with managing over 200 employees and 155 vehicles. I consider myself to be a very self-motivated person and I intend to bring that quality while I serve on the board. In 2002 my wife Karin and I bought a house in Stillwater, Minnesota. We have been raising 2 beautiful daughters, Mackenzie (19) who will be attending her second year of college at the University of Minnesota - Duluth. Our youngest daughter, Hayley (16) will be a junior at St. Croix Preparatory in Stillwater. If you would like to contact me I can be reached at (651) 251-8080 or slatour@minnesotacoaches.com

Bethany Schubert Trobec’s Bus Service

Hello, my name is Bethany Schubert. I was raised in rural Brainerd, MN. I am the oldest of four children, having two sisters and one brother. I graduated from Brainerd High School in 2008. After graduation, I went on to attend Winona State University, and I am currently finishing the last year of my Bachelor’s degree in Business Administration at Minnesota School of Business. I began employment at Trobec’s Bus Service in 2009, but that isn’t where my interest in the industry began. I have grown up around school buses and motor coaches my entire life. My dad, Tim Schubert, is the General Manager at Trobec’s. When I was younger, I would beg for him to take me to work with him during the summer. I started at Trobec’s as a motor coach cleaner. In 2010 I obtained my CDL and started driving school bus. When Trobec’s opened their office in Little Falls, MN in 2011, I became the manager, while continuing to drive my morning and afternoon school bus route. At the end of 2012, I became lead dispatch for the entire school bus and motor coach fleet at Trobec's. I am excited to be a part of The MSBOA board of directors. I have a strong passion for the bus industry. I look forward to working with the members, and to continue to promote safe school bus transportation throughout the state of Minnesota.

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call: 763-544-3319 Email: mobilemike@ mobileradioeng.com


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2013 Transportation Specialist Winners Pictured L to R: Brian Salmela, Mark Schjenken, Tracey Walker, Joshua Pensak, Annie Knapp, and Kyle Brown

Kyle Brown, Vision Transportation, Elk River

Brian Salmela, Nor-Tran, Inc., Deer River

Kyle heads up the mechanical team at Vision of Elk River. He has been in the bus business since 1980. Fellow fleet maintenance supervisor Ron Niebolte writes, “As a mechanic, I know how the job can feel endless; buses will continue to experience mechanical and electrical issues. I know Kyle to operate with great perseverance and has the attitude of; there is never a problem that can’t be fixed...When something isn’t working properly, Kyle will make every effort to find out the problem and get it fixed. He views mechanical problems as a challenge versus a problem.” Vision manager, Tom Burr writes, “Kyle’s work ethic is beyond comparison. He is here every day ready to take on any task at hand.”

Brian has been with Nor-Tran for 5 years. Brian has served as a driver, and is now also now assisting with driver training. Jeri Dodge, Nor-Tran’s Assistant Operations Manager says “His gentle guidance and words of encouragement are at the heart of his achievements.” The mother of a student writes, “My daughter was born with cerebral palsy and we have been battling with everything since she was born. We have seen so many people come in and out of our lives. Some of them have left a special mark on us. Brian has been one of them...he deserves this award so everyone can see how great he truly is - not just the people who see him every day.”

Annie Knapp, Faribault Transportation, Faribault Annie has worked for the Faribault Transportation Company with extreme special needs students for 24 years. Manager Garrett Regan calls Annie a “Servant by Nature” and not only does her own job with great efficiency and care but also assists other drivers with their routes. A mother of one of her students who is nonverbal lovingly writes, “Each morning he signs “bus” to me and then signs the word “Mom” for Annie. We haven’t worked out the sign for Annie so he just calls her Mom too.” Another past rider, Ken, who is now an adult with Down’s Syndrome said about Annie when his mother asked him to help her with the recommendation for Annie. “I miss her...Not see her long time...Put a heart on it.” And by his name Ken drew a heart and he attached a dollar to the letter because they always joked that they owed each other a pop. Joshua Pensak, Voyageur Bus Co., Duluth Josh started as a regular route driver in 1992 right out of the military and college. Through the years, he has worked his way up to being the AM Lead Dispatcher and Driver Trainer and Third Party Examiner. He is called the “Voice of Voyeur” by Operations Manager Rudy Lundahl and President, Mike Krois. Several school administrators all use the same words to describe Josh: Dependable, Great Communicator, Detailed, Witty, Hard Working, Pleasant, and Safety Oriented. Bruce Dischinger, Vice President and COO writes, “Each day Josh does his job with a strong sense of committment, dedication and enthusiasm. He has a positive attitude that impacts those around him, encouraging them to be positive in performing the duties of their job...It is my opinion Josh is a credit to our industry.”

Mark Schjenken, Nor-Tran, Inc., Deer River Mark has been the Operations Manager for Nor-Tran, Inc. for the past 8 years. Matt Grose, Deer River Superintendent writes, “Mark is about children. Regardless of how difficult a situation is, Mark understands that it is the district’s job, and as a result, his, is about getting kids to school so they can learn. This means that he has had to be flexible, understanding, and focused on solving issues rather than take an oppositional stance. He works with the teachers, parents, administrators, and drivers to make sure that we can get done what needs to get done...Mark is committed to the district’s vision and figures out a way to try whatever we ask. If things don’t go that well, I can also count on a productive, respectful conversation focused on solutions.” Tracey Walker, Bluff Country School Bus Service, Lake City Tracey has been with Bluff Country since 2007. Ever since her application where she stated she “wants to make a difference in the lives of children and have more time with hers” she has been doing just that. She has worked in several capacities: regular route driver, special needs driver, extracurricular trip driver and was promoted to activities trip coordinator this past year because of her exceptional organizational skills and work ethic. Owner Cara Grisim says, “Tracey was the mom who walked her kids to the bus stop every single morning and was looking out for all the kids at that stop. She was always so appreciative of the driver when her daughters were brought home. Doug then asked if she ever considered driving a bus. Looking back at it now, when she accepted the job, she wasn’t just taking on the role of a school bus driver, she was joining our team as a key player.”


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Legal Notes

BY THOMAS REVNEW, ESQ., OF SEATON, PETERS & REVNEW

HOTLINE PHONE: (952) 921-4622

Employer Obligations Under Affordable Care Act Delayed One Year Good news for employers – at least, temporarily. The U.S. Treasury Department announced that it will delay enforcement of the Affordable Care Act’s provisions requiring employers with at least 50 full-time employees to offer healthcare to all fulltime employees or face penalties will be delayed one year. The employer shared responsibility mandate was originally set to take effect on January 1, 2014. Citing the complexity of the requirements and the need for more time to implement them effectively, the Treasury Department stated that it was delaying implementation of employer obligations until January 1, 2015. This delay only affects the employer mandate provisions of the Affordable Care Act. All other provisions of the Affordable Care Act will still take effect as planned, including the 90-day cap on waiting periods, prohibition of annual benefit limits, and capping of deductibles. Individual access to tax credits through health insurance exchanges will still become effective on October 1, 2013, and individuals are still required to have health insurance by January 1, 2014. Employers who have been reorganizing in an effort to fall below the 50 full-time employee threshold now have more time to consider their workforce makeup. Employers who are over the 50 full-time employee threshold – “applicable large employers” – will be able to reconsider their health plan options or prepare to pay the associated penalties. Additionally, employers whose employees work irregular schedules will have more time to implement a system by which they can track working hours to determine who qualifies as a full-time employee entitled to health insurance. Formal guidance regarding the delay is expected to be published shortly. U.S. Supreme Court Holds that Defense of Marriage Act Violates Constitution The Defense of Marriage Act (DOMA) bars same-gender married couples from being recognized as “spouses” for purposes of federal law. On June 26, 2013, the Supreme Court held in United States v. Windsor that the definition of “spouse” in DOMA violates the Constitution by depriving individuals of equal protection. Numerous federal laws confer benefits or obligations on married individuals, including federal tax laws, Social Security and Veterans Administration survivor benefits laws, the Employee Retirement Income Security Act and the Family and Medical Leave Act. As such, the Windsor decision will impact employer-sponsored benefits, likely including: • • • • • •

Cessation of taxing employer-subsidized health coverage for same-gender spouses to the employee Access for same-gender spouses to pre-tax treatment under an employer’s section 125 plan (“cafeteria plan”) Reimbursement from flexible spending accounts for medical expenses of samegender spouse Qualification of same-gender spouses as beneficiaries eligible for COBRA coverage Pension and retirement plan survivor rights Entitlement to FMLA leave in order to care for a same-gender spouse

However, DOMA’s provisions allowing states to refuse to recognize same-gender marriages performed in other states are not affected by the ruling. Because state laws may have different definitions of “spouse,” multistate employers who maintain benefit plans may encounter difficulties. For example, it is unclear what state law would control in determining whether a same-gender spouse is recognized as a spouse – the law of the

Best Values: • Legal Hotline for MSBOA Members • Employee Handbook & Employment Materials Package $875 (Includes 2 hours of attorney time - hourly rates thereafter)

• Drug & Alcohol Testing Package $425 Ask for MSBOA Discount of $100 off above packages Contact Tom Revnew 7300 Metro Blvd., Suite 500 • Minneapolis, MN 55439 Tel 952.896.1700 • Fax 952.896.1704 www.seatonlaw.com


10 Legal Notes...Continued from page 9. state of the marriage or the state law controlled by the benefit plan. Currently, thirteen states (including Minnesota beginning August 1, 2013) and the District of Columbia recognize same-gender marriage. Unfortunately, the Court’s decision leaves many fundamental questions unanswered, which will have to be addressed by regulatory or Congressional action. It is expected that in the coming months, such guidance will be issued.

U.S. Supreme Court Defines “Supervisor” For Purposes of Workplace Harassment Claims In Vance v. Ball State University, the Supreme Court clarified employer liability for workplace harassment under Title VII of the Civil Rights Act. According to the decision, a supervisor is an employee “empowered by the employer to take tangible employment actions against the victim,” which includes hiring, firing, failing to promote, reassigning the employee with significantly different responsibilities, or making a decision causing a significant change in benefits. The Court set forth three circumstances in which an employer may be liable for workplace harassment: 1. 2.

3.

An employer is liable if the harasser is a supervisor and the harassment culminates in a tangible employment action; If the harasser is a supervisor but the harassment does not culminate in a tangible employment action, the employer is liable unless it can prove that it exercised reasonable care to correct any harassing behavior and the victim failed to take advantage of the preventive or corrective opportunities the employer provided; or If the harasser is the victim’s co-worker but not the victim’s supervisor, the employer is liable only if it was negligent in controlling working conditions.

The Court’s clarification of the law may provide better defenses for employers when employees claim harassment in the workplace. Employers should continue to protect themselves from liability for workplace harassment by having a clear written policy prohibiting harassment, distributing the policy to employees, implementing internal complaint procedures for employees to report harassment, investigating all complaints, taking appropriate corrective action in harassment situations, and documenting all stages of a harassment complaint. Reviewing the descriptions to clarify supervisory responsibilities or the lack thereof is even more important now. If you have questions regarding any of these developments, please feel free to contact Tom Revnew with questions at 952.921.4622 or at trevnew@seatonlaw.com.

MSBOA Coloring Books Please order your MSBOA Coloring Books for your back to school events this summer for the 2013-2014 school year today! You may order the books by going to www.msboa.com and going to the shopping cart. Books are in stock and available for immediate shipment!

in·teg·ri·ty in·t eg·ri·ty noun n oun

1. A Adherence dherence tto o mo moral ral and and ethical ethical principles; principles; soundness soundness of of mo moral ral character; character; honesty. honestyy. w www.hoglundbusandtruck.com ww.hooglundbusandtruck.com

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11 Company Name:

Use this form to alter your employment applications and remove the question and box asking if the applicant has ever committed a felony. You may ask the question during an interview but it is unlawful to do so in the application.

Address --Address --Phone: ( ) ________ Fax: ( ) ________

APPLICATION INFORMATION SHEET (For Informational purposes only)

WELCOME TO ___________________ AND THANK YOU FOR YOUR INTEREST IN EMPLOYMENT WITH OUR COMPANY. PLEASE READ FOLLOWING INFORMATION CAREFULLY: MINNESOTA STATUE STATES THAT IN ORDER TO OBTAIN A COMMERCIAL DRIVER LICENSE WITH A SCHOOL BUS ENDORSEMENT, YOU MUST HAVE NO MORE THAN THREE (3) MOVING VIOLATIONS WITHIN A PERIOD OF FIVE (5) YEARS ON YOUR DRIVING RECORD AND MUST ALSO NOT HAVE ANY ALCOHOL RELATED OFFENSES WITHIN THE PAST TEN (10) YEARS. MINNESOTA STATUTE ALSO STATES THAT IN ORDER TO OBTAIN A COMMERCIAL DRIVER LICENSE WITH A SCHOOL BUS ENDORSEMENT, YOU SHOULD HAVE NO FELONY, MISDEMEANOR OR GROSS MINDEMEANOR CONVICTIONS.

ANY PHYSICAL OR MENTAL DISABILITIES THAT MAY PREVENT YOU FROM OPERATING OR ASSISTING ON A SCHOOL BUS MUST BE DISCLOSED AT TIME OF INTERVIEW. Examples Include: Diabetes, Heart Disease, Sleep Apnea, Back Injuries/Problems, Depression, In Treatment For Any Mental Health Problems Or Alcoholism.

x

IF YOU CURRENTLY HOLD A CDL (COMMERCIAL DRIVER LICENSE), PLEASE PROVIDE A COPY OF YOUR CURRENT CSA 2010 RECORD.

Note: If you have not maintained residence in the State of Minnesota for the past five (5) years, we are required, by law, to complete a Criminal Background check. ____________________ agrees to pay for the first Criminal Background check up to the amount of $_____. Applicants will be required to pay for any additional checks (e.g., multiple names). By signing this form, you are agreeing to pay for any additional required Criminal Background checks and are authorizing us to deduct the fee from your first paycheck, if hired. FAILURE TO DISCLOSE ANY OF THE ABOVE INFORMATION, AT INTERVIEW, MAY RESULT IN APPLICANT BEING REQUIRED TO REIMBURSE ____________________ FOR ANY TRAINING EXPENSES INCURRED ON THEIR BEHALF.

x

I have read and understand the above information.

APPLICANT NAME: ______________________________________________________________________________

SIGNATURE AND DATE: __________________________________________________________________________


MSBOA Planner Save these Dates!

Minnesota School Bus Safety Committee Meets 3rd Weds. of Every Month Locations Vary Contact: LeAnn Livingston 651-982-8193

Transportation Issues Study Committee Meets 4th Weds. of Every Month Contact: Keith Paulson 763-506-1132

Office of Pupil Transportation Stakeholders Quarterly Meetings Held, Dates Vary Contact: Lt. Brian Reu 651-405-6047 January 17-18, 2014 MN School Bus Safety Expo St. Paul, MN

In This Issue: From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Legal Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 News and Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

MSBOA LEGAL HOTLINE (952) 921‐4622 • Tom Revnew at Seaton, Peters & Revnew

MSBOA 10606 Hemlock St. NW Annandale, MN 55302

MN State Patrol Contacts Listed to the right is contact information for the state troopers in charge of school bus transportation. Use this contact information! They are ready to help with any questions or concerns you may have!

Northern Region Sergeant James Senenfelder Northern Regional Trooper Phone (612) 360-5172 E-mail: james.senenfelder@state.mn.us Metro Region Sergeant Paul Davis Metro / Central Regional Trooper Phone (612) 685-4820 E-mail: paul.davis@state.mn.us Southern Region Sergeant Chad Dauffenbach Southern Regional Trooper Phone (507) 430-0791 E-mail: chad.dauffenbach@state.mn.us


Msboa summer 13