2013-14 EMPLOYMENT CONTRACTS AND 2013-14 ADOPTED BUDGET WERE ENTERED INTO ILLEGALLY. CONTRACTS ENTERED INTO ILLEGALLY ARE NOT ENFORCEABLE.
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.mp3. CUSD only has the current contract available to the public.
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
NOTICE OF PUBLIC HEARING
Re-opening Proposal with CUEA at the May 8, 2013 BOT Meeting
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
Agenda Item #1: District Contract Re-opener Proposal to CUEA for the 2013-14 School Year
Agenda Item #2: District Contract Re-opener Proposal to CUEA for 2013-14 School Year
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
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."
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.
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.