Count 10

2013-14 EMPLOYMENT CONTRACTS AND 2013-14 ADOPTED BUDGET WERE ENTERED INTO ILLEGALLY.  CONTRACTS ENTERED INTO ILLEGALLY ARE NOT ENFORCEABLE.

SYNOPSIS:

CUSD's 2013-14 Employment Contracts and 2013-14 Budget were entered into illegally; in violation of state and federal laws, board policies and employment contract provisions regarding good faith negotiations.

Contracts entered into illegally are not enforceable.

The illegal contracts resulted in the unjust enrichment of CUSD employees at the expense of the quality of education that students received; which, resulted in a measurable decline in the academic performance of students across all demographics. 

The illegal contracts resulted in the unjust enrichment of CUSD employees at the expense of taxpayers who; under the California Constitution, are promised that their tax money will FIRST be used to fund a public education system that provides every student with an equal opportunity to achieve a quality education. Equality of educational opportunity as defined by 44 years of California case law requires all school districts to posses an equal ability in terms of revenue to provide students with substantially equal opportunities for learning.

The same opportunity to obtain:

  • high quality staff,
  • program expansion and variety,
  • beneficial teacher-pupil ratios and class sizes,
  • modern equipment and materials, and attend school in high-quality buildings.

CUSD's 2013-14 Budget was suppose to be based on a COLA only budget.

A COLA only budget did not contain sufficient revenue to trigger salary restoration language resulting from the 2010 teachers union strike. 

As a result of the Governor's May budget revision, CUSD was projected to receive and additional $8.42 million in "new" LCFF revenue. Because this was a "projection", the State Board of Education instructed districts not to include new LCFF money in the adoption of their 2013-14 budget. 

CUSD in collaboration with it's employee bargaining units CUEA, CSEA, Teamsters, and unrepresented CUMA did so anyway, and claimed that the $8.62 million in new LCFF revenue + the COLA triggered salary restorations in the amount of $5.62 million.

CUSD adopted it's 2013-14 Budget without having employment contracts in place as required by law, and failed to file an impasse as required by law.  At that time employee compensation represented over 92% of the District's entire budget.

CUSD in collaboration with it's employee bargaining units CUEA, CSEA, Teamsters, and unrepresented CUMA failed to negotiate in good faith by knowingly and intentionally delaying the execution of 2013-14 employee contracts so that new LCFF revenues could be included in the adoption of the 2013-14 budget.

CUSD in collaboration with it's employee bargaining units CUEA, CSEA, Teamsters, and unrepresented CUMA, failed to comply with public disclosure laws with the intent of negotiating behind closed doors to reach a deal that it knew, or should have known would unjustly enrich employees at the expense of students and taxpayers.

As a result of the intentional mis-conduct of CUSD in collaboration with it's bargaining units CUEA, CSEA, Teamsters, and unrepresented CUMA, received $5.62 million dollars in salary restorations that were not legally triggered:

CUEA:  $5.22 million 

CSEA: (No entitlement to restoration)

Teamsters: $.166 milion

CUMA: $.236 million

Total: $5.62 million

CUSD in collaboration with it's employee bargaining units CUEA, CSEA, Teamsters, and unrepresented CUMA, then used class size increases, furlough days, deferred maintenance and cuts to programs to find $13,375,400 in necessary cuts to balance it's 2013-14 budget after restoring $5.62 million in salaries. 

Students and taxpayers have suffered irreparable harm as a result of this intentional mis-conduct. Financial damages of $5.62 million per year since July 1, 2013 (3 years) is $16.86 million dollars that CUSD could have chosen to use to reduce class sizes, restore programs, increase instructional time and maintain facilities. Taxpayers will forever be forced to bear the cost of associated illegal pension increases resulting from increased salary schedules and increased health and welfare benefit packages.

As a result of these illegal contracts, students have been forced to endure overcrowded classrooms, overworked teachers, sub-standard facilities and less instructional time then their peers in other districts, resulting in a notable decline in the academic performance of students across all demographics as evidenced by LCAP data and historic test results.

The intentional mis-conduct of CUSD and it's bargaining units CUEA, CSEA, Teamsters, and unrepresented CUMA prevented students from achieving their individual academic potential, and denied every student in the Capistrano Unified School District their fundamental right to equality of educational opportunity. 

This was documented in a Memorandum from Clark Hampton, Deputy Superintendent, Business and Support Services re: USE OF ADDITIONAL FUNDING FROM 2012- 2013 to 2013- 2014 AND PUBLIC DISCLOSURE OF COLLECTIVE BARGAINING AGREEMENT page 1 and Chart on Page 2 

2013- 14 EMPLOYMENT CONTRACTS AND ADOPTED BUDGET 

1.     CUSD 2013-14 EMPLOYMENT CONTRACT WITH CUEA (Teachers Union) 

A.    CUSD in collaboration with it's employee bargaining unit (CUEA) failed to negotiate in good faith in violation of Article 12 of the June 30, 2012 - June 30, 2013 contract.         

Article 12 of CUEA/CUSD Employment Contract June 30, 2012- June 30, 2013 at page 47

"ARTICLE 12 - Negotiation Procedures 12.1 The District and the Association agree that they will meet and negotiate pursuant to the requirements of State law sufficiently in advance of the end of the term of this agreement so that there is sufficient time for a new agreement to be reached or for the resolution of an impasse. No later than April 1 of the calendar year in which this agreement expires the parties shall submit their initial proposals to each other for a successor agreement or re-openers. The District shall give proper notice of such proposals at the first school board meeting following the submission of the proposals. 

12.1.1 The parties shall commence to meet and negotiate on re-openers or a successor agreement beginning no later than ten working days after the completion of the public notice requirements listed above. 

12.2 At the first negotiation meeting between the Association and the District, the parties shall negotiate on procedures they use for that year's negotiation sessions, exclusive of that amount of release time which is already determined and stated in 12.3.  

12.3 The District agrees to provide release time to the Association for the purpose of designated negotiation sessions a total of 32 person days for the purposes of negotiating the reopener specified in Article 1 and a total of 53 person days for the purposes of negotiating a subsequent contract agreement. Any unused negotiating days from negotiating the re-opener may not be carried over or accumulated to the negotiations of the subsequent contract."   

* It should be noted that this contract can no longer be found anywhere: Contracts for the period 2010-2013 have been erased from CUEA website and CUSD website. We know from Board audio that 2012-13 was a one year contract: Board Audio at 0:30:26 http://cusd.capousd.org/cusdweb/boardaudio/5-8-13/05-08-13RegBdMtg.mp3CUSD only has the current contract available to the public.

CUEA Web Site:  http://www.cuea.org/a_Version_03/contract/contract-historical.php

 

B.     CUSD and CUEA failed to comply with California Government Code Section 3547-3547.5 Public Disclosure of Collective Bargaining when negotiating the June 30, 2012 - June 30, 2013 Contract. 

CALIFORNIA GOVERNMENT CODE SECTION 3547-3547.5 

3547.  (a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the public school employer and thereafter shall be public records.

(b) Meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer.

(c) After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal.

(d) New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the public school employer, the vote thereon by each member voting shall also be made public within 24 hours.

(e) The board may adopt regulations for the purpose of implementing this section, which are consistent with the intent of the section; namely that the public be informed of the issues that are being negotiated upon and have full opportunity to express their views on the issues to the public school employer, and to know of the positions of their elected representatives 

3547.5.  (a) Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the agreement for the current and subsequent fiscal years, shall be disclosed at a public meeting of the public school employer in a format established for this purpose by the Superintendent of Public Instruction.

(b) The superintendent of the school district and chief business official shall certify in writing that the costs incurred by the school district under the agreement can be met by the district during the term of the agreement. This certification shall be prepared in a format similar to that of the reports required pursuant to Sections 42130 and 42131 of the Education Code and shall itemize any budget revision necessary to meet the costs of the agreement in each year of its term.

(c) If a school district does not adopt all of the revisions to its budget needed in the current fiscal year to meet the costs of a collective bargaining agreement, the county superintendent of schools shall issue a qualified or negative certification for the district on the next interim report pursuant to Section 42131 of the Education Code.  

C.      CUSD failed to comply with Board Policy 4143.1 Public Notice - Issues of Meeting and Negotiations

 

TIME LINE OF 2013-14 CONTRACT NEGOTIATIONS BETWEEN CUSD and CUEA  

  CUSD 2013-14 Contract with CUEA

CUSD and CUEA Violated Article 12 of the June 30, 2012- June 30, 2013 contract.

1) Article 12 required that the parties submit their Initial Proposals to each other for 2013-14 Contracts no later than April 1, 2013. 

CUSD proposal was dated May 8, 2013 (38 days past the contractual date).

CUEA proposal was submitted April 29 (28 past the contractual date).

2) Article 12 required that CUSD give proper notice of the proposals at the first board meeting following the submission of the proposals. 

3) Formal Negotiations cannot begin until the completion of public notice requirements are complete - in this case May 8, 2013

 4/25/13

  NOTICE OF PUBLIC HEARING 

Re-opening Proposal with CUEA at the May 8, 2013 BOT Meeting

http://capousd.ca.schoolloop.com/file/1218998864154/5079204383525807794.pdf

 4-29-13

  CUSD receives the Initial Proposal of CUEA dated 4-29-16 

CUSD FAILED TO PROVIDE A NOTICE TO THE PUBLIC REGARDING THE RECEIPT OF CUEA'S INITIAL PROPOSAL DATED 4-29-13

 5/8/13

  PUBLIC HEARING

Agenda Item #1: District Contract Re-opener Proposal to CUEA for the 2013-14 School Year

http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/170624107674483860.pdf 

 5/8/13

        Agenda Item #2: District Contract Re-opener Proposal to CUEA for 2013-14 School Year

http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/170624107674483860.pdf 

THE PUBLIC HEARING "INFORMATION/DISCUSSION" AND THE VOTE TO APPROVE THE INITIAL PROPOSAL "DISCUSSION/ ACTION" WERE HELD SIMULTANEOUSLY - THE PROPOSALS WERE SO VAUGE AND GENERIC THAT THERE WAS NO MEANINGFUL OPPORTUNITY FOR THE PUBLIC TO BECOME INFORMED, EXPRESS ITSELF TO THE BOARD, AND HAVE MEANINGFUL INFLUENCE ON THE BOARD'S DECISION.

The May 8, 2013 Board of Trustees Meeting audio Speaks for itself:

Agenda Item #1 PUBLIC HEARING Information/Discussion at 0:22:05 http://cusd.capousd.org/cusdweb/boardaudio/5-8-13/05-08-13RegBdMtg.mp3

Public Comments:

at 0:22:58     Julie Collier: Students are not getting anything from these negotiations. 

at 0:24:25     Terri Mostert: CUSD's priority should be the education of students - not adult jobs.

at 0:27:31     Dawn Urbanek: Public completely closed out of contract negotiations. Trustees Breached the fiduciary duty to students and tax payers.

at 0:29:41     Public Hearing Closed 

Agenda Item #2 Discussion/Action at 0:29:41 http://cusd.capousd.org/cusdweb/boardaudio/5-8-13/05-08-13RegBdMtg.mp3

CUSD Jodi Brentlinger presented 

at: 0:30:26      Last years contract was a 1-year agreement July 1, 2012 - June 30, 2013.

at: 0:30:00      CUSD is in compliance with Government Code Section 3547 because CUEA Proposal to CUSD was included in Agenda Item #1 PUBLIC HEARING. This statement is false. The Notice of Public Hearing was only for CUSD proposal to CUEA. see: http://capousd.ca.schoolloop.com/file/1218998864154/5079204383525807794.pdf "During the Board meeting of May 8, 2013, the Capistrano Unified School District Board of Trustees will hold a public hearing to accept comments from members of the public on the re-opening proposal with Capistrano Unified Education Association." 

Public comments: 

at: 0:31:15      Robert Ridel: How did CUSD use the $30 million windfall from the passage of Prop 30. Why doesn't CUSD fight for more funding from the State rather than accept inadequate funding and continue to pass that burden on to students. How did CUSD get to the point of needing $1 billion for facilities? No over site of CUSD money. Staff salaries and benefits CUSD only priority.

Board Comments:

at 0:34:31      Trustee Addonizzio: $20 million shortfall what are the concessions from employee groups?

at 0:35:10      Clark Hampton, Deputy Superintendent responds:  Status Quo Agreements would be $16.8 million so we need to find $3.2 million more in funding. 

at 0:35:53      Superintendent Farley clarifies: The $16.8 million would be found by maintaining current class sizes and having the same number of furlough days as CUSD had in 2012-13.

at 0:36:10      Trustee Bryson: I called in the Fiscal Crisis & Management Assistance Team when I came to the Board 6 1/2 years ago because CUSD was going below the 2% reserve. District almost went into bankruptcy.

at 0:37:38      Trustee Bryson continues: As Trustees we are required to negotiate in good faith, but we are limited as to the topics that can be negotiated... class size and furlough days. My greatest goal was to prevent the State from taking over this District because all local control would have been removed. No parental control or input.

at 0:39:49      Trustee Bryson continues: May Revise coming - there is no certainty as to what additional funding if any CUSD will receive. 

at 0:41:05      Trustee Bryson continues:  This is about inadequate funding from the State of California. She then goes on to compare what CUSD has compared to Districts in Tennessee. 4 Assistant Principals and 4 counselors for 1,600 ADA (CUSD dropped to 16 Counselors for the entire district and 1 assistant principal per high school due to budget cuts). The Golden state funds at 47th in the Nation. CUSD is doing a great job considering what funding it has to work with.

at 0:43:40       Trustee Bryson continues: she has personally made great personal sacrifices for the 51,000 students in this District. 

at 0:44:22       Trustee Bryson continues: this contract represents what the majority of the Board asked negotiators to do. CUSD is the biggest employer in South Orange County. 

at 0:45:27      Trustee Bryson continues: according to Clark Hampton it may be another seven years before we get back to pre-recession funding levels.

at 0:46:19      Trustee Bryson continues: she called the FicMat so the public should not be so cavalier in their assumptions that CUSD is mis-handling money. The State has revised CUSD by $140 million since she has been a CUSD Trustee.

at 0:47:23      Trustee Bryson continues: you should see the facilities in Tennessee.

at 0:47:36      Trustee Jim Reardon: Change Tone- thank speakers for expressing their views. Class sizes are a problem in CUSD. There is a privacy element to negotiations but this Board will be watching negotiations and take into consideration the comments tonight. Trustees should not be offended by public in-put.

at 0:49:18      Trustee Addonizzio: I appreciate speaker comments. This is same as last year. The opener is not specific enough. The Board wants to increase instructional minutes but the proposal doesn't say that. We are at a standstill. We need to get rid of furlough days. That is our stated priority. Our students are 5 days behind their competition. The proposal should say that our goal as a Board is to increase instructional minutes.

at 0:51:59      Superintendent Farley: It is inappropriate to have specific language in opener proposals. It is CUSD's goal to have a reduction in class size, reduction in furlough days and increased instructional time. The associations want the same thing. It is our goal to get employee concessions. There is no anticipation of any raises.

at 0:54:31      Trustee Hatton: Ms Urbanek said tonight that we don't give the public the opportunity to have in-put in negotiations but you do - you came and gave in-put tonight. I have 2 kids in CUSD. It is offensive that the speakers think we want anything else then what is in the best interest of students. Parents who may be uninformed, parents who may have mis-information or are using this as a political platform you are incorrect. 

at 0:55:53      Trustee Reardon: This negotiation is not just about labor. This is not an us vs them process. We need to find resources and get concessions.

at 0:57:25      Trustee Pritchard makes a motion to approve CUSD contract re-opener to CUEA for 2013-2014 school year. The motion is seconded by Trustee Hatton.

Vote: 6 to 0 to approve the item with Trustee Hannacek absent.

 5/8/13

  Agenda Item #9: CUEA Contract Re-opener Proposal for 2013-14 School Year

  http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/170624107674483860.pdf

Agenda Item #9 Discussion/Action at 1:06:09 http://cusd.capousd.org/cusdweb/boardaudio/5-8-13/05-08-13RegBdMtg.mp3

at 1:06:23      Jodie Brentlinger presents the item. 

Public Comment:

at 1:06:59      Dawn Urbanek: Multi-prong approach to balancing budget is unfair to students. Early Retirement was done in 2012-13 because employee compensation was over 100% of CUSD's budget. We have more teachers yet no reduction in class size? 

at 01:08:58     Trustee Addinizzio asks Dawn Urbanek where she got that information. Dawn Urbanek responded from the Public Disclosure of Collective Bargaining agreement.

at 1:09:36       Trustee Reardon: with holds comment.

at 1:09:52       Trustee Alpay asks a question: Article 5 Hours of employment- Amend article 5.11 to reflect collective bargaining laws. 

at 1:10:28       Trustee Hatton moves the Item. Pritchard seconds.

Vote 6-0 with Trustee Hannacek absent.

THERE WAS NO PUBLIC HEARING REGARDING CUEA'S INITIAL PROPOSAL TO CUSD. ACCEPTANCE OF CUEA'S INITIAL PROPOSAL WENT STRAIGHT TO A VOTE. THERE WAS NO "INFORMATION/DISCUSSION" ITEM.

At the May 8, 2013 BOT Meeting CUSD violated Government Code Section 3457

CUSD and CUEA have an obligation under the law to negotiate in "Good Faith" which requires parties to begin negotiations prior to the adoption of the final budget for the ensuing year sufficiently in advance of the adoption of the budget or they are required too file an impasse. 

CUSD adopted its 2013-14 Budget without having employment contracts in place. 

No impasse was filed.

#1   CUSD Initial Proposal to CUEA was made public for information and discussion at the same meeting that Trustees voted to approve the proposal - no opportunity for Trustees to Reflect on Public Comment.

#2   No Notice of Public Hearing regarding CUSD's receipt of CUEA initial proposal.

#3   There was no Information/Discussion Item re: CUEA proposal - it went straight to Discussion/Action   

CUSD Violated Board Policy 4143.1(a) 4243.1 which mirror Government Code Section 3547

 7/31/13 

  NOTICE OF ADDITIONAL INFORMATION ON TENTATIVE AGREEMENT WITH CUEA 

July 30, 2013 Memo from Clark Hampton to Board of Trustees re: New LCFF money Triggers Restoration of 1.2% Salary Schedule Reduction from 2010 Teachers Union Strike

3 Non- instructional Furlough Days  $2,961,000

1.2% Salary Schedule Reduction $2,259,000

http://capousd.ca.schoolloop.com/file/1343191429797/5667737573387975994.pdf

  Tentative Agreement dated July 22, 2013

http://capousd.ca.schoolloop.com/file/1343191429797/5213557782351528566.pdf

 8/1/13

  NOTICE OF PUBLIC HEARING

2013-14 Tentative Agreement With CUEA at the August 14, 2013 BOT Meeting

http://capousd.ca.schoolloop.com/file/1218998864154/5598438988933892338.pdf

July 22, 2013 Tentative Agreement CUEA and CUSD

http://capousd.ca.schoolloop.com/file/1218998864154/9183145014230557088.pdf 

July 30, 2013 Memo from Clark Hampton to Board of Trustees re: New LCFF money Triggers Restoration of 1.2% Salary Schedule Reduction from 2010 Teachers   Union Strike

http://capousd.ca.schoolloop.com/file/1218998864154/5983148645706375659.pdf

  

 SUPPORTING DOCUMENTATION CUEA

 

2.      CUSD 2013-14 EMPLOYMENT CONTRACT WITH CSEA (Classified Staff)     

 

TIME LINE OF 2013-14 CONTRACT NEGOTIATIONS BETWEEN CUSD and CSEA

 

  CUSD 2013-14 Contract with CSEA

 4/25/13

NOTICE OF PUBLIC HEARING

Re-opening Proposal with CSEA at the May 8, 2013 BOT Meeting
http://capousd-ca.schoolloop.com/file/1218998864154/7704552372268333618.pdf

 5/8/13

  PUBLIC HEARING

Agenda Item #3: District Contract Re-opener Proposal to CUEA for the 2013-14 School Year

http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/170624107674483860.pdf 

Agenda Item #3 Information/Discussion at 0:58:04 http://cusd.capousd.org/cusdweb/boardaudio/5-8-13/05-08-13RegBdMtg.mp3

No Public Comments Public Hearing Closed at 0:58:33

 

        Agenda Item #4: District Contract Re-opener Proposal to CSEA for 2013-14 School Year

http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/170624107674483860.pdf 

Agenda Item #4 Discussion/Action at 0:58:33 http://cusd.capousd.org/cusdweb/boardaudio/5-8-13/05-08-13RegBdMtg.mp3

at 0:58:42      Jodie Brentlinger presents the item: CUSD and CSEA have a 3-year agreement spanning July 1, 2012 - June 30, 2015. Articles remain open - CUSD is only opening Article I

No Public Comment

No Board Comment

at 1:00:15      Trustee Pritchard moves to approve item. Trustee Addonizzio seconds.

Vote: 6 to 0 to approve the item with Trustee Hannacek absent.

At the May 8, 2013 BOT Meeting the Public Hearing Item Agenda Item #3 Information/Discussion and Agenda Item #4 Discussion/Action Item were held simultaneously in violation of California Government Code Section 3457 and Board Policy 4143.1

 

SUPPORTING DOCUMENTATION 

 

3.      CUSD 2013-14 EMPLOYMENT CONTRACT WITH TEAMSTERS    

 

TIME LINE OF 2013-14 CONTRACT NEGOTIATIONS BETWEEN CUSD and TEAMSTERS

 

  CUSD 2013-14 Contract with Teamsters

 4/25/13

NOTICE OF PUBLIC HEARING

Re-opening Proposal with Teamsters at the May 8, 2013 BOT Meeting

http://capousd-ca.schoolloop.com/file/1218998864154/4182615991005653628.pdf

 

 5/8/13

  PUBLIC HEARING

Agenda Item #5: District Contract Re-opener Proposal to Teamsters for the 2013-14 School Year

http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/170624107674483860.pdf 

Agenda Item #5 Information/Discussion at 1:00:39 http://cusd.capousd.org/cusdweb/boardaudio/5-8-13/05-08-13RegBdMtg.mp3

No Public Comments Public Hearing Closed at 1:01:06

 

        Agenda Item #6: District Contract Re-opener Proposal to Teamsters for 2013-14 School Year

http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/170624107674483860.pdf 

Agenda Item #6 Discussion/Action at 1:01:12 http://cusd.capousd.org/cusdweb/boardaudio/5-8-13/05-08-13RegBdMtg.mp3

at 0:58:42      Jodie Brentlinger presents the item: CUSD and Teamsters have a 1-year agreement spanning July 1, 2012 - June 30, 2013. 

No Public Comment

No Board Comment

at 1:02:04      Trustee Bryson moves the Item Trustee Hatton Seconds the motion.

Vote: 6 to 0 to approve the item with Trustee Hannacek absent.

At the May 8, 2013 BOT Meeting the Public Hearing Item Agenda Item #3 Information/Discussion and Agenda Item #4 Discussion/Action Item were held simultaneously in violation of California Government Code Section 3457 

 

SUPPORTING DOCUMENTATION 

 

 

4. 2012-13 BUDGET ADOPTION

 

  CUSD 2013-14 Contract with CUEA

 6/30/12

Adopt Budget

 12/15/12

1st Interim

 3/15/13

2nd Interim

  5/22/13

Agenda Item #1 2012-13 Updated Financial Statements - Third Interim Report Discussion/Action http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/6355000314598151571.pdf

 at 0:51:21      Clark Hampton presents the item: Governor's May Revise State is transitioning from Revenue Limits to LCFF model to give schools greater flexibility over spending aka more Local Control. LCFF implementation is being increased from $1.6 billion to $1.9 billion. Of Note is slide on page 16 where Districts are encouraged to include COLA in their 2013-14 budget but not on the New LCFF money. Goal is to reach 2007-08 levels of funding by 2020. The 2020 target is $1,000 per pupil less then the current national average of per pupil funding is. The funding formula actually provides less funding for schools that have a low percentage students who are ELL, Foster kids and/or are receiving free and reduced lunch. For the current year we are short $20 million for 2013-14.

$16.8 million would be found by having the same class sizes and furlough days as 2012-13.

$  3.2 million would be found by: FEMA reimbursement. Amount above 2% in 2013-14, cut utility budget, but textbook budget, cut computer replacement and asset management budget, election cost savings, sequestration backfill.

Negotiations on-going through June.

Slide Presentation: http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/1005504268376904173.pdf

Public Comment: 

at 1:08:57      Dawn Urbanek: Did you receive my E-mail documenting the budget process and public in-put into negotiations. CUSD needs to be more transparent. "Status Quo" has no meaning to parents. 

Board Comments:

at 1:10:03     Trustee Reardon re: Over site under new LCFF law

at 1:12:56     Superintendent Farley:  Over site is OCDE rather than the State

at 1:13:08     Trustee Bryson: more paperwork for less money. Suburban Districts are taking a hit. This law only benefits Districts with a higher percentage of students that are ELL, Foster kids and/or are receiving free and reduced lunch.

at 1:15:35     Clark Hampton: the only good news is that there should not be any new cuts from the State. Prop 98 is manipulated by the State.

at 1:16:00     Trustee Bryson: State does not keep it's promises to Public Education.

at 1:17:31     Trustee Bryson moves the Item Trustee Hatton seconds the motion

Vote 4 to 1    Trustee Addonizzio votes no.

                      Trustees Pritchard and Hannecek are absent.

 6/4/13

NOTICE OF PUBLIC HEARING

Adoption of 2013-14 Proposed Budget  at the June 26, 2013 BOT Meeting http://capousd.ca.schoolloop.com/file/1218998864154/7715052560308449514.pdf

 6/12/13

Agenda Item #1 Resolution No. 1213-47 Adoption of the 2013-14 Use of Categorical Flexibility Funds Information/Discussion http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/408322152837519160.pdf

Board Audio: http://cusd.capousd.org/cusdweb/boardaudio/6-12-13/06-12-13RegMtg.mp3

at 0:42:55     Item Presented by Clark Hampton. In 2009 the State allowed school districts to use Tier III Categorical funds flexible to help absorb cuts to budgets. CUSD has used these funds every year since 2009.

See the list of funds and amounts on page 2: http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/408322152837519160.pdf

at 0:44:00     Trustee Hatton: LCFF will replace categorical funding

at 0:44:35     Motion to move the item by Trustee Pritchard seconded by Trustee Bryson

at 0:44:50     Trustee Addonizzio: Question- If these funds are moved into general fund then ROP may not receive its $2.344,843 million and Deferred Maintenance may not see it's $1,811,059 million correct? Without the resolution there will be no opportunity to use these funds flexibility

at 0:45:45     Trustee Reardon clarifies that how the funds are used will be determined in the budget process.

 6/12/13

Agenda Item #2 Resolution No. 1213-47 Adoption of the 2013-14 Use of Categorical Flexibility Funds Discussion/Action http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/408322152837519160.pdf

Board Audio: http://cusd.capousd.org/cusdweb/boardaudio/6-12-13/06-12-13RegMtg.mp3

at 0:46:21      Roll Call Vote 6 to 1 with Trustee Addonizzio voting no.

Due to the State of California's extraordinary fiscal crisis, the State allowed Districts to use categorical program funds for general fund purposes. From the period 2009 to the present CUSD has drained its deferred maintenance fund. That is why CUSD is now putting an $889 million dollar facilities bond on the November 6, 2016 balloot.

CUSD violated California Government Code Section 3457 and Board Policy 4143.1 by holding a Public Hearing simultaneously with a vote on the hearing item.

 6/12/13

Agenda Item #17 2013-14 Fiscal Year Budget Up-date Information/Discussion http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/408322152837519160.pdf

Board Audio: http://cusd.capousd.org/cusdweb/boardaudio/6-12-13/06-12-13RegMtg.mp3

at 1:29:19     Clark Hampton presented the Item: Preliminary look at 2013-14 budget. CUSD knows more funding may be available under LCFF. Conservative approach- COLA only Budget - Status Quo Negotiation Reductions (same number furlough days and class sizes as 2012-13).

at 1:29:53      Additional LCFF money is coming.

at 1:30:11      Governor & Legislators 2013-14 Budget Compromise - 

- Phase in for LCFF is now 8 years instead of 7 - CUSD will not reach 2007-08 levels of funding until 2021 (instead of 2020)

- Increased 2021 Base Grant target by $531 (the original base grant was $6,500)

- Lowers the Supplemental Grant from 35% to 20% 

- Concentration Grant only available to Districts with over 55% (was 50%) of students who are ELL, Foster Kids, Free and/or Reduced Lunch

- Increases one time funding of Common Core Implementation 

Ed Data Partnership - resource for comparing districts http://www.ed-data.org/district/Orange/Capistrano-Unified

at 1:34:58      District Budget Report on Programs, Projects and Finances for Three Fiscal Years http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/8712875548042173714.pdf

at 1:34:53      Trustee Hatton: New budget is through the senate - just needs to be signed. No significant changes to the downside. Up-side? 

at 1:36:00      Clark Hampton: CUSD can expect to see more funding going forward.

at 1:36:36      Trustee Addonizzio: I had asked for a comprehensive understanding of projects and dollar amounts. Discussion of health care costs under new Obama Care. Operations and Housekeeping $9 million - what is this? Response electricity.

at 1:43:25      Trustee Hatton: Reprimands Trustee Addonizzio for receiving this report on Friday - but waiting until this meeting to ask questions. Conduct unfair to staff. Ask questions before meeting. 

at 1:44:20      Trustee Addonizzio: We have had a budget Committee since January and we are just now receiving this information.

at 1:44:34      Trustee Alpay: That is surprising.

at 1:44:30      Trustee Reardon: Cal Prep - How do we go from $84,589 to $844,060 in one year? Technology start-up costs. What is included in these numbers. Budget Process is confusing. This serves 104 students- what is the cost per student for each program so that we can determine what to cut or keep.

at 1:49:45     Superintendent Farley: The figures you see are the cost for running that program. $796,442 / 104 students = $7,658.10 per pupil to run. Such analysis this gets to the level of staff which is not appropriate for the Board.

at 1:51:40     Trustee Reardon: Trustees have an obligation to look at programs that are within our discretion so that we can ensure money is spent widely. We need to make decisions year to year - especially in a tight budget year. Trustees are not given tools to do their job.  

at 1:54:00      Superintendent Farley: Until today we had no idea from the State what flexibility we would actually have.

at 1:55:40      Trustee Bryson: Obama Cares effect on budget (an unknown minus). It will be 13 years before we get back to 2007-08 levels of funding. Cal Prep is a new technology - it takes time and money up front- it takes 5-7 years to see if a program is going to succeed. Changes in language at the State can result in devistating changes.  

at 2:01:28      Trustee Reardon: Should we restore an instructional day or fund CalPrep which serves 104 students. $1.4 million will restore one instructional day that serves 49,000 other students.

at 2:05:19      Superintendent Farley: We have new challenges ahead with a new funding formula where we may need to have such a discussion.

at 2:06:26      Trustee Hannacek: We are bordering on a philosophical discussion. Should we question staff regarding what is important to the education of students.

at 2:07:29      Trustee Addonizzio: CalPrep- 104 students, some from outside the District? 

at 2:08:05      Trustee Alpay: Charter Schools- CalPrep is an option for parents. We have other programs that bring in students from outside the District such as language immersion programs.

at 2:09:47      Trustee Reardon: Clarifies use of the word monopoly in references to CUSD's ability to compete with market forces.

 6/12/13

Agenda Item #18 Resolution No. 1213-48 Authorization of Temporary Inter fund Transfers Discussion/Action http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/408322152837519160.pdf

at 2:10:48      Presentation by Clark Hampton: CUSD wants flexibility to use money allocated to special funds for general fund purposes for a single year.

at 2:11:30      Trustee Bryson moves the item. Second by Addonizzio

at 2:11:50      Trustee Reardon: This is a routine matter. 

Adult Education (Fund 11)

Child Development Fund (Fund 12)

Cafeteria Fund (Fund 13)

Deferred Maintenance Fund (Fund 14)

Capital Facilities Fund (Fund 25)

School Facilities Fund (Fund 39)

Special Reserve Fund (Fund 40)

Workers Compensation Fund (Fund 68)

Health and Welfare Fund (Fund 69)

Property & Liability Fund (Fund 70)

Roll Call Vote approved 7-0

 

CUSD is projected to receive $5,293.03 in per pupil funding for 2013-14 (an increase of $82 from 2012-13)

Staffing Formula:

K = 32:1

Grades 1 - 5 = 33:1

Grades 6 - 8 = 34:1 (includes prep periods and electives)

Grades 9 - 12 = 36:1 (includes prep periods and electives)

CUSD is facing extraordinary budget reductions ($20 million for 2013-14) yet the District included the following employee compensation increases in its 2013-14 budget: 

8.     Step and Column Salary Increases:

CUEA 1.5%

CSEA 2.0%

CUMA 1.5%

Teamsters 2.0%

11.   Benefits

STRS 8.25%

PERS 10.923%

PERS Reduction 2.097%

OASDI 6.2%

Medicare 1.450%

Workers Comp 1.5%

Unemployment .050%

12.    Health and welfare costs $40.5 million 

Required CUSD to adopt a 2013-14 Budget no later than June 30, 2013 (Page 33)

 6/26/13

PUBLIC HEARING

Agenda Item #1 2013-14 Budget Adoption Information/Discussion http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/3610802337093251551.pdf

Board Audio: http://cusd.capousd.org/cusdweb/boardaudio/6-26-13/06-26-13RegBdMtg.mp3 at 0:20:16

Public Comment:

at 0:20:37      Dawn Urbanek: I expressed my opinion about my concerns regarding this budget in letters to Trustees this week. My main concern is that employment contracts, which make up 92% of CUSD's budget and there are no contracts in place for 2013-14. Saddleback Unified School District is voting to restore the school year to 180 days, while CUSD is increasing employee compensation and going to close school five days to pay for that. 

at 0:21:40     Trustee Alpay declares Public Hearing over. 

6/26/13

Agenda Item #2  2013-14 Budget Adoption Discussion/Action http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/3610802337093251551.pdf

Board Audio: http://cusd.capousd.org/cusdweb/boardaudio/6-26-13/06-26-13RegBdMtg.mp3 at 0:21:42

 

Trustees with a power point presentation: "2013-14 Fiscal Year Budget" http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/3610802337093251551.pdf

at 0:21:50      Clark Hampton presents item. 

at 0:22:00      Education Code 42127. Districts can make adjustments to their budget within 45 days of Governor signing State Budget.

at 0:23:15      Under LCFF Districts will reach 2007-08 levels of per pupil funding by 2021 (8-year Phase In)

at 0:23:52      CUSD does not get a concentration grant. Only those Districts with 55% or greater students who are ELL, Foster Kids, or are receiving Free and Reduced lunch get Concentration Grant Funds.

at 0:24:17      COLA only budget 1.562% - Status Quo Reductions to balance the budget. More money may be coming (New LCFF funds of $8 million more funding above and beyond COLA). CUSD will need $16.8 million in negotiated reductions will be needed to maintain required State reserves.

at 0:25:18      OCDE conditionally approved CUSD's budget based on pending agreements with employee bargaining units. OCDE would allow conditional approval of a 2013-14 Budget even if employee contracts were not in place if contracts could be wrapped up in July. CUSD planned to wrap up negotiations in July and then file a revised budget before the 45 day time period.

at 0:26:17     OCDE has assigned Fiscal Expert Tish Cook to oversee CUSD - she is present at tonights meeting if the Board has any questions.

at 0:26:52     CUSD has declining enrollment

at 0:27:20     Salaries and benefits make up 90% - 91% of the budget. Fund raising and donations drop this to 89% - 90%.

at 0:28:04     Other budget concerns: The State is passing down increased CalSTRS and CalPERS contributions down to Districts - (later budget reports continue to state that this could represent as much as 10% of CUSD's total budget by 2021). OBAMA Care could greatly impact future budgets.

at 0:28:45     Trustee Addonizzio: page 5 Attachment , 2nd paragraph: Due to the volatility of California's economic recovery and uncertainty with education funding, it is recognized that, if necessary, the District plans to implement $20.5 million in ongoing budget reductions in 2014-15. On page 193 it states that CUSD is providing salary increases to all employee groups:

at 0:29:39     Clark Hampton responds that employees are getting a Step and Column Salary Increase. "Status Quo" means whatever employees received in Step and Column last year, they will receive this year. The following is Step and Column from last year.

at 0:30.08     Trustee Addonizzio: CUEA includes a 1.5% Salary schedule increase or is the 1.5% increase Step and Column. Built into budget? So 8.1 and 8.1.1 are redundant?

at 0.31.00     Philipa Geiger:  When CUSD builds its budget they automatically assume Step and Column costs.  Then based on negotiated concessions later removes them.  

at 0:32:00     Trustee Addonizzio: CUSD has a "built-in" salary increase? 8.1 and 8.1.1 are not the same thing. 8.1.1 details 8.1.

at 0:32:50    Trustee Reardon:  Brings up paragraph 3 of the Fiscal Solvency statement. Because of severe budget cuts County Departments of Education allowed Districts to show negative budgets for the current and subsequent fiscal years. 2nd and 3rd year out are negative. 

at 0:35:40     Trustee Bryson: Next year (2014-15) could be a very difficult year. Flush revenues at the State are one-time money so Districts may have a bad year next year. Shell game at the State level. Can't fund on-going expenses with one-time money.

at 0:38:01     Trustee Addonizzio: Page 3 of 181 Declining Enrollment.  Is enrollment declining?

at 0:38:35     Clark Hampton: Net Charter Shift - so as Charter enrollment increases ADA decreases.

at 0:39:34     Trustee Addonizzio:  Page 2 of 181 number 6B Other Expenditures are not met because we don't budget for Gift Revenue. 

at 0:40:33     Motion by Bryson. Second by Hatton. 

Vote 6 to 1 to adopt the 2013-14 Budget with Trustee Addonizzo voting No.

 6/30/13

CUSD adopted a 2013 -14 Budget without 2013-14 Employment Contracts (representing 92% of CUSD budget) in place.

July 1, 2012 - June 30, 2013 Contract with CUEA expired

July 1, 2012 - June 30, 2013 Contract with CSEA expired

July 1, 2012 - June 30, 2013 Contract with Teamsters expired

Education Code Section 42127 required Districts to have employment contracts in place prior to the adoption of the budget or file an impasse.

Education Code Section 42127 required Districts to show fiscal solvency for the current and subsequent two years.

CUSD failed to comply with both of these reuirements. 

Budget Guidelines page 189

Budget Assumptions page 192

Status of Labor Agreements/Costs - Not Settled -Projected Costs pages 176 - 181

 

Certificated (CUEA)

Cost of 1% Salary $1,883,000.00

Step & Column Salary Increase of 1.5% $2,825,000.00

H & W Benefits $27,941,514.00

 

Classified Non-Management (CSEA)

Cost of 1% Salary $656,000.00

Step and Column Salary Increase of 2% $1,188,000.00

H & W Benefits $14,052.111

 

Management (CUMA)

Cost of 1% Salary $197,000.00

Step and Column Salary Increase 1.5% $296,000.00

H & W Benefits $2,874,000.00

Other Benefits $216,000.00

 

CUSD unfunded pension liabilities $49,680,287 (page 174)

   

CUSD Violated Government Code Section 3543.7

CUSD and CUEA have an obligation under the law to negotiate in "Good Faith" which requires parties to begin negotiations prior to the adoption of the final budget for the ensuing year sufficiently in advance of the adoption of the budget or they are required too file an impasse. 

CUSD adopted its 2013-14 Budget without having employment contracts in place. 

No impasse was filed.

 SUPPORTING DOCUMENTATION  

Agenda Item #1 Resolution No. 1213-47 Adoption of the 2013-14 Use of Categorical Flexibility Funds Information/Discussion http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/408322152837519160.pdf

Board Audio: http://cusd.capousd.org/cusdweb/boardaudio/6-12-13/06-12-13RegMtg.mp3

 

June 12, 2013 Board of Trustees Meeting at 1:34:58   District Budget Report on Programs, Projects and Finances for Three Fiscal Years http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/8712875548042173714.pdf  Board Audio: http://cusd.capousd.org/cusdweb/boardaudio/6-12-13/06-12-13RegMtg.mp3 at 1:34:58

 

 

 

Agenda Item #2  2013-14 Budget Adoption Discussion/Action http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/3610802337093251551.pdf

Board Audio: http://cusd.capousd.org/cusdweb/boardaudio/6-26-13/06-26-13RegBdMtg.mp3 at 0:29:04

 

 

Conclusion:

 

Execution of the FY 2013-14 employment contracts were intentionally delayed. Contracts were not executed on time and an Impasse was not filed. CUSD did this intentionally so that "New" LCFF moneys + COLA could be combined to trigger $5.622 million in salary restorations from the 2010 teachers strike. As a result of collusion of CUSD, CUEA, CSEA, Teamsters and CUMA employees were unjustly enriched at the expense of students and taxpayers who suffered irreparable harm. Contracts entered into illegally are not enforceable. The terms of these contracts were still being modified to benefit employees well into December 2016 5 months after the execution of a budget that used furlough days, class size increases, deferred maintenance and cuts to programs and servicesto balance the Districts budget. 

 

1.     The PUBLIC HEARING 2013-14 Budget Adoption and the vote were simultaneous. 

 

Agenda Item #1 PUBLIC HEARING FY 2013-14 Budget Adoption - Information/Discussion 

 

Agenda Item #2 Exhibit "2" page 1 2013-14 Budget Adoption - Discussion/Action

 

Contained in the Budget is a Fiscal Solvency Statement (page 5)

 

Budget Guidelines page 189

 

Budget Assumptions page 192

 

Status of Labor Agreements/Costs - Not Settled -Projected Costs pages 176 - 181

 

Certificated (CUEA)

Cost of 1% Salary $1,883,000

Step & Column Salary Increase of 1.5% $2,825,000

H & W Benefits $27,941,514

 

Classified Non-Management (CSEA)

Cost of 1% Salary $656,000

Step and Column Salary Increase of 2% $1,188,000

H & W Benefits $14,052.111

 

Management (CUMA)

Cost of 1% Salary $197,000

Step and Column Salary Increase 1.5% $296,000

H & W Benefits $2,874,000

Other Benefits $216,000

 

CUSD unfunded pension liabilities $49,680,287 (page 174)

 

2.    June 30, 2013 was the deadline for employment contracts to be implemented or an Impasse was to be filed. No impasse was filed.

 

3.    On July 22, 2013 CUSD and CUEA entered into a Tentative Agreement for 2013-14. This Agreement executed on July 22,

       2013, was not made public until the August 14, 2013 Board of Trustees Meeting in violation of Article 12 of the

       CUEA/CUSD Employment Contract for June 30, 2012-13, California Government Code section 3547-3547.5 and Board

       Policy 4143.1

 

August 14, 2013 Board of Trustees Meeting (Page 1 - 18) 

 

Agenda Item #1 PUBLIC HEARING - Adoption of 2013-14 Tentative Agreement with CUEA - Information/Discussion 

 

Agenda Item #2 Exhibit 2 page 1 Adoption of 2013-14 Tentative Agreement with CUEA - Discussion/Action

   

4.     CUSD received $8.42 million in new LCFF funding. The State Board of Education instructed districts not to include new

        LCFF money in the adoption of their 2013-14 budget. CUSD did so anyway passing a 2013- 2014 budget without

        having employment contracts in place (representing over 92% of the budget) and without filing an Impasse as required

        by state law.

 

Execution of the FY 2013-14 employment contracts were intentionally delayed, and an Impasses was not filed so that the "New" LCFF moneys + COLA could be combined to trigger $5.622 million in salary restorations from the 2010 teachers strike.

 

By delaying contract negotiations CUSD claimed that the salary restoration trigger had been met. CUSD paid employees $5.622 million in salary restorations, and then started the process of identifying $13,381 in budget cuts for FY 2013-14.

 

The 2013-14 employment contracts and 2013-14 Adopted Budget were entered into illegally and constitute a fraud upon the public that resulted in the unjust enrichment of District employees at the expense of the quality of education CUSD students received. Contracts that are entered into illegally are not enforceable.

 

This was documented in a Memorandum from Clark Hampton, Deputy Superintendent, Business and Support Services re: USE OF ADDITIONAL FUNDING FROM 2012- 2013 to 2013- 2014 AND PUBLIC DISCLOSURE OF COLLECTIVE BARGAINING AGREEMENT page 1 and Chart on Page 2  

 

5.     At the August 28, 2013 Board of Trustees Meeting Agenda Item #27 Exhibit #27 page 163, CUSD voted to approve an

        employment agreement with CUMA for July 1, 2013 - June 30, 2014.

 

7 Furlough days for 12 month management

6 furlough days for less than 12 month management

1/2 year salary schedule freeze (meaning CUMA received a 1/2 year salary schedule increase)

 

Reductions to projected salary schedule increases $820,880.

 

6.     September 11, 2013 Board of Trustees Meeting Agenda Item #3 2013 -14 Tentative Agreement with CSEA - Discussion/Action

        was removed from the agenda

 

7.   September 25, 2013 Board of Trustees Meeting(Page 671 -673)

 

Agenda Item #22 Exhibit #22 page 671 Second Amendment to Superintendent Employment Agreement July 1, 2013- June 30, 2014

The State of California informed CUSD that new LCFF moneys would not be available until 2014-15. New LCFF monies were not too be included in CUSD 2013-14 budget. As a result, Superintendent pay was changed to remove compensation increases based on receiving the $8.42 million in new LCFF money. The Superintendent pay was reduced by $7,793 for FY 2013 - 14 

Agenda Item #23 Second Amendment to Deputy Superintendent Business Services Employment Agreement July 1, 2013- June 30, 2014  (Exhibit 23 Page 673)

Deputy Superintendent of Business Services pay was changed to remove compensation increases based on receiving the $8.62 million in new LCFF money. The Deputy of Superintendent Services pay was reduced by $5,142 for FY 2013 -14 

If The District understands that LCFF revenues of $8.42 million were not suppose to be included in the FY 2013- 14 budget then why were salary restorations of $5.62 million that supposedly triggered by a COLA + New LCFF money should not have been allowed to remain in place. Had employment contracts been negotiated in good faith by June 30, 2013 as required, salary restorations would not have been legally triggered and the full $8.42 million could have been used to reduce 2013-14 budget cuts from $16.8 million down to $8 million and students would not have 3 instructional furlough days in FY 2013-14.

8.    October 1, 2013 Special Board Meeting - 

 

Agenda Item #1 Board Vote on Adoption of 2013 -14 Tentative Agreement with CSEA July 1, 2013 - June 30, 2015 - Discussion/Action 

 

The Local Control Funding Formula (LCFF) is not only significantly different; it also is not completely defined for the 2013-2014 school year. As a result. the State has informed Districts actual funding formulas will not be available until the 2014-2015 school year. In addition, full funding under the newly adopted LCFF is expected to be phased in over the next eight years. Funding is frozen at 2007-08 levels by the year 2021.

 

On August 19, 2013 CUSD and CUEA executed a Tentative agreement for 2012-13 and re-opener negotiations for 2013-14 that include reductions of $2.5 million for the 2013-14 fiscal year.

 

10 & 12 month employees:

 

A one year salary schedule freeze delay $1,355,000

A one year Step & Column freeze delay $1,033,000

7 furlough days

 

Less than 10 month employees:

 

6 furlough days

 

The document states Exhibit 1 page 1 that the documents have been available for public view which fulfills the requirement of "reasonable time" as outlined in Government Code Section 3547(d). This does not comply with Public disclosure laws.

 

Exhibits:

Tentative Agreement (page 1 - 9)

MOU Work Year Reductions and Salary (page 10 -13)

MOU Operations Serviceperson Assignment (page 14 - 15)

MOU Classification Plan (page 16)

10 month work calendar (page 17)

10.5 month work calendar (page 18)

Step Delay Salary Schedule (page 19)

Tentative Agreement - Mental Health and Behavior Support Specialist (page 20-22)

Tentative Agreement - Lead Theater Technician (page 23 -25)

Tentative Agreement - Theater Technician (page 26 - 27)

Transportation Inventory Store Keeper (page 28 - 29)

 

9.   October 23, 2013 Board of Trustees Meeting

 

Agenda Item #1 Exhibit #1 page 1 Tentative Agreement with Teamsters July 1, 2013 - June 30, 2014 -Discussion/Action

 

$130,000 for July 1, 2013 - June 30, 2014

 

Restoration 2012-2013 

 

1% salary reduction to be restored retroactively to July 1, 2013

 

Salary Freeze will be removed and wages will be restored from July 1, 2013

 

5 furlough days will be removed and restored as paid days from July 1, 2013

 

Negotiated changes for 2013-14

 

Transportation employees 5 furlough days in 2013-14

 

The permanent reduction of 1% salary schedule was eliminated per negotiated agreement 2010

 

Members will not get an additional floating holiday for 2013-14.

 

 

10.   December 11, 2013 Board of Trustees Meeting

Agenda Item # 43 Exhibit 43 page 576 Health and Welfare Benefit Modification for Employees to offer an additional PPO Health Plan for the 2014 Calendar year.  

 See County Office of Education: http://www.ocde.us/Business/Documents/Guidance-and-Advisories/20130722_2013-14%20Budget%20Advisory%20based%20on%20the%202013-14%20Enacted%20State%20Budget.pdf