Wednesday, June 17, 2009

Professional Relations Notes- 5/18/09

Meeting Notes from May 18, 2009

Del Mar School District
Professional Relations Meeting
May 18, 2009
3:00 p.m.

Attendance: David Skinner, Debbie Hanna, David Jones, Cinda Peck, Carol Faulkner, Eric Bienke, Jennifer Kamka, Amy Graham, Fred Bettig, Sharon McClain, Rodger Smith, Scott Wilken,

Update on Staffing and Postings for 2009/2010
The current posting of District Site vacancies closes Thursday,
May 21, 2009 (a 5 day posting)
Check with your site Administrative Assistant for a copy of the
Vacancy List.
Next Vacancy List posting will be May 26 or 27

Interest Based Bargaining – Training
Thursday, June 4, 2009
12:00PM – 3:30 PM (lunch with be served)
Location: TBD
DMCTA Executive Board members are invited.
Board of Trustees to recognize the following at the May 27, 2009
Regular Board Meeting
DMUSD Teacher of the Year
DMUSD Reading Teacher of the Year
DMUSD Classified Employee of the Year
Site Teachers of the Year
Site Classified Employees of the Year
San Diego County Music Educator of the Year
PTA Outgoing/Incoming Presidents
Site Volunteers of the Year

Reorganization of District Office Job Descriptions
Special Board Meeting on May 20, 2009
Director of Human Resources
Assistant Superintendent of Curriculum and Instruction
Director of Business Services
These positions will be reorganized by the Superintendent to reflect the needs of the District.

June 2, 2009 – Budget Committee Meeting
Several funds in the district will be reorganized and condensed to reflect the possible new cuts to the State Budget.

Meeting ended: 3:45 p.m.

Respectfully submitted,
Debbie Hanna, Co-Secretary, DMCTA

Professional Relations Notes- 3/27/09

Meeting Notes from April 27, 2009


Present: Fred Bettig, Rodger Smith, Cinda Peck, Amy Tan-Zamora, Jen Kamka, Amy Graham, Danielle Roche, Abby Farricker, Carol Sharpe, Debbie Hanna, Jen Oliveira, Leslie Johnson, David Skinner, Carol Faulkner, David Jones

1.Update on Staffing for 2009/10
Rodger Smith stated that the District is waiting for the final accounting of monies raised through the Foundation. The District is also awaiting the opinion of the Administrative Law Judge who facilitated the RIF hearing. These results are due May 7. The Board will then meet. After May 7, teachers whose lay off notices were rescinded will be placed. More notices may be rescinded before May 15.

2. Sharon McClain thanked all staff for their donations to help fund and support our colleagues and programs. She said it displayed a sense of solidarity and unity and was appreciated by all the DMUSD community.

3. Voluntary and Involuntary transfers. Sharon McClain will compose a Q and A regarding this matter to clarify.

4. Staff Development days- There will be an optional Staff Development day on August 25 to provide inservice and team meeting time on the newly adopted math program.

5. Negotiations –Following Interest Based Bargaining training which is to include all Board members, dates for negotiations will be set.
The meeting was adjourned at 4:00
Respectfully Submitted,
Carol Sharpe – Co-Secretary DMCTA

Definitions

Involuntary transfer in the DMUSD/DMCTA contract is a reassignment "initiated by the district." A teacher may be subject to an involuntary transfer due to change in instructional program and changes in funding (among many other potential reasons) Involuntary status affords a teacher some priority for future placement in open positions (no "bumping" rights though!) and some protections from future reassignments. It is not a guarantee that someone gets their preferred position.

Temporary Contract- (added 5.1.09) The District in limited in the amount of Temporary CONTRACTS. Temporary Contracts are based on the number of certificated employees on Leave of Absence or job shares., or positions such as "Teachers on Special Assignment" or "Distinguished Teacher in Residence" They are also based on positions funded by categorical funds or temporary money. Temporary Contracts are year to year. A temporary contract is a "placeholder" for a teacher who has rights to a full time position. Teachers who are hired under temporary contracts do not have seniority, rehire, or other rights that probationary teachers have. They may be hired as temporary teachers many years in row without ever attaining probationary or permanent status.

Also, according to our CTA attorneys, a permanent or probationary teacher who has been laid off and is waiting to be rehired MAY accept a temporary contract in the district WITHOUT losing his/her seniority and rehire rights as a permanent or probationary employee. They are just taking a temporary contract; However, the number of temporary contracts is always limited to a certain defined number; the district cannot just change someone's status from probationary or permanent to temporary, effectively demoting them. It doesn't work like that.

Temporary Position/Assignment- (added 5.1.09) Temporary POSITIONS can be given to tenured/permanent certificated employees. These are positions which could disappear and are considered a temporary gig. They are not necessarily year to year. They are based on funding and board decisions regarding which programs will be offered. Any teacher assigned to a Temporary Position could be given a pink slip and it would most likely result in change in assignment within the school district based on their seniority, credentials, etc.

Contract = person
Position = job

I heard...

Fact or Fiction?

I heard...

* Teachers can "bump" people.

Fiction- Teachers who have not received pink slips will not be bumped from their positions by veteran senior teachers whose programs have been dissolved.

* ESC Teachers are staying at their sites

Both- It has not yet been determined which ESC teachers will be re-instated. Individual sites may have made a decision about which programs for which schools will focus fund raising efforts. Principals have had the discussion about keeping the most consistency at their sites, which would include maintaining as much current staff as possible.

An Open Letter to the Board of Trustees, Del Mar Union School District

The past few weeks have been marked by unprecedented impacts to the students, families and teachers in the Del Mar Union School District. As with many districts around the state, we are struggling to close a dramatic budget shortfall. While the specific reasons for the shortfall in Del Mar differ from other districts, the effect is the same: there is not enough money to go around. Unfortunately, the most visible actions the board has taken recently to address the budget situation have been to dramatically alter the enrichment program for the students, and generate 75 layoff or non reelection notices for teachers. We are truly grateful for the Del Mar Schools Education Foundation’s latest efforts to fundraise to sustain these programs as well as preserve many teaching positions. As teachers, we have no desire to see our district in financial ruin, and continue our pledge to help find effective solutions.

During the past few months and weeks, the board has made several subtle and some not so subtle hints that they would like to seek further cost savings by negotiating changes to the contract with the Del Mar California Teachers Association (DMCTA). The “Interest Based Bargaining Model” embodied in our current contract has served both sides well for many years, and we trust it will continue to do so. We have always bargained in good faith under the rules both sides have agreed to and by which both sides are legally bound.

Having said that, we would also like to place another issue squarely on the table for the community at large to consider. We would like the board to cut expenses as far away from the classroom as possible. Currently we have too many schools and they are costing us money that could be spent on other things - like enrichment in technology, science art, pe, music and yes, even teachers. In our district this year (and for the next several years) we have more building capacity than we need for the students that we have or will have. Some might say that school facilities are not a part of the teacher contract and therefore none of our business. Perhaps. However, given that we now have about 75 of our colleagues (nearly 25% of our teachers!) and their families facing uncertainty regarding their future in the career they have chosen and among the students they love, we’ve “got skin in this game” (to borrow a phrase currently being used by our President). We believe this gives us the right to comment on this issue.

But before anyone living west of I-5 gets too upset here, we’re not suggesting closing any particular school. However, we are saying, “Let’s figure out which schools would make the most sense to consolidate, close, or reconfigure for another purpose. Carmel Del Mar, Ashley Falls, Sycamore Ridge...Let’s put them all on the table. But let’s get on with it!”

We trust this discussion has already begun, but we are also saying, “Let’s find a way to speed up the decision making process.” It would be unfortunate and aggravating if the main outward results of the recent painful cuts to the extended studies programs and layoff notices to teachers were our parents scrambling to raise money, district office personnel scrambling to put together proposals and seniority lists under various scenarios and principals and teachers trying to figure out schedules. Meanwhile the board decides to delay action on school closures for another year or two while waiting for “more information.”

Of course the “process and discussions” are probably underway, but let’s face it, many of us have been attending board meetings for years where the Extended Studies (ESC) program was on the agenda. An actual decision about the program has been a long time coming. Even then, the final decision apparently disregarded many of the opinions of the community members, principals, staff, and teachers who will need to make the program meet the high standards that our students deserve.

Hopefully the board will not follow a similarly sluggish timeline for school reconfiguration. If however in future years our property tax revenues remain nearly flat, please do not use cuts to classroom programs and teacher layoffs first to address budget shortfalls. People and quality programs matter so much more than buildings.


DMCTA Executive Board

David Skinner

Leslie Johnson

Cinda Peck

Carol Sharpe

Debbie Hanna

Jennifer Oliveira

Abby Farricker

Erik Bienke

Amy Tan-Zamora

Jennifer Kamka

Amy Graham

Fred Bettig

Scott Wilkin

Carol Faulkner

Danielle Roche

DMCTA General Meeting Notes


(posted 6/8/09)
Ashley Falls
June 1, 2009
3:00 p.m.

Attendance:
25 teachers present
Welcome
David Skinner welcomed the group in attendance and thanked everyone for coming.
Treasurer’s Report
Balance as of June 1, 2009 - $13,952.61
Communications Update
The following are ways information is being communicated to bargaining members of DMCTA:
DMCTA Highlights Website– Posted by Jennifer Oliveira
Email from Site Representative
Before Staff meetings
Before PLC meetings (we will look at confirming this with Principals at each site) (Next Year?)
Update on Layoffs
All of the tenured and probationary teachers that were given Pink Slips have been rescinded, except for 1 remaining.
Update on Negotiations
The District sent a letter of intent to negotiate with DMCTA in the areas of Class Size and Shared Contracts very early (March).
The District School Board has agreed to receive Interest Based Bargaining training before The District and DMCTA enter into negotiations.
This training will be held at Sycamore Ridge on Thursday, June 4 @ 12:00 noon.
Nominations of Officers for DMCTA Executive Board:
Nominations were discussed and shared from the floor.
We need the following positions to be filled:
Vice President -
Secretary -
(Suggestion: Site Reps. Take turns updating the Highlights Website)
Tori Hemerick will compose a ballot by Wed. June 3…
All sites will vote for nominees and Bylaws on Thurs., June 4 and Fri.,
June 5. Results will be compiled over the weekend and communicated to all bargaining members the week of June 8.
Bylaws Update
All of the Site Representatives were given a copy of the updated bylaws to share with their staffs.
New changes:
==> Article 5 – Stipends for DMCTA Executive Board Members (increases for each position)
President: $3,000.00 per year
Vice-President: $25.00 per meeting plus $150 per year to serve as Membership Chair
Secretary: $25 per meeting
Treasurer: $25 per meeting
Site Representatives: $25 per meeting
Elections Chair: $100 per year
Grievance Chair: $100 per grievance (up to $500)

==> Executive Board members will be paid for 9 yearly meetings instead of 6
Open Discussion
None
Meeting ended: 4:15 p.m.

Respectfully submitted,
Debbie Hanna, Co-Secretary, DMCTA

Upcoming Events

DMCTA General Meeting
Monday, June 1, 2009
Ashley Falls School
3pm



Interest Based Bargaining Training
Thursday, June 4, 2009
Noon



DMCTA General Elections
Week of June 1st
Stay Tuned for More Details
Make your intentions known to Tori Hemerick at Del Mar Hills Academy

Many RIF's Rescinded, but not all...


(posted 4/27/09) At the last board meeting the decision to rescind layoff notices to many teachers was welcome news to all of us. Many were able to breathe a sigh of relief. Unfortunately, 8 permanent and probationary teachers still face layoffs, and all of our colleagues working under temporary contracts still face uncertainty about next year. Last Friday April 24th was our hearing date with an administrative law judge to contest these remaining layoff notices. Our teachers were well represented by a CTA attorney as well as CTA staff. The hearing officer conducted a fair proceeding, and will issue an opinion by May 7th. It is impossible to predict the outcome until then. In the meantime, let's all remember to support our colleagues facing layoffs and uncertainty. What happens to them affects us all...

Board Decides to Rescind Some Pink Slips

(posted 4/16/09) At tonight's board meeting the the board approved Resolution 2009-04. This item was recommended by the superintendent and passed unanimously. This resolution will result in at least 17 teachers having their layoff notices rescinded. Additionally, because of the complex way in which the number of layoff notices were calculated in March, the actual number of teachers whose layoff notices may be rescinded could be much higher. I spoke with Rodger Smith and his intention is to have rescission documents out to the affected people by Monday or Tuesday (4/20 or 4/21). This is good news; hopefully we will have more such announcements soon.

Involuntary vs. Voluntary Transfers

(posted 4/13/09) The language in the Contract says 10.1.1: "A transfer is a change of work location between schools or facilities." 10.1.3 states that a "voluntary transfer/reassignment is one which is initiated by the bargaining unit member." 10.1.4 states that an "involuntary transfer/reassignment is one which is not initiated by the bargaining unit member, but rather by the administration."

The interpretation of the District is that ESC teachers who receive an assignment to another site or to more than one site are being involuntarily transfered by the administration. A transfer is a change of work locations between schools or facilities, and if it's being initiated by the District, then it's involuntary, which gives the teacher priority over voluntary transfers for open positions.

If ESC teachers choose to return to the classroom, it must be to a vacancy as defined in 10.1.5 "a vacancy is any job opening within the District directly or indirectly created by a termination, resignation, retirement, staff addition or change in enrollment."

For example, an ESC teacher cannot "bump" a third grade teacher out of his or her position, even if the 3rd grade teacher is lower on the seniority list unless the 3rd grade teacher receives a final layoff notice by May 15. If the teacher receives a final layoff notice by May 15 or is a temporary teacher who has received a "notice of non-reelection" prior to the end of the school year, their position is officially "open" or termed a "vacancy" and the ESC teacher could then express an interest in that position and would have priority for the position because of their involuntary transfer status. (All temporary teachers in the District received a "notice of non-reelection" before March 15, 2009 and therefore, their positions are officially vacant for next year at this time.) If there is more than one ESC teacher who wants the open position, then the Contract criteria in 10.5.2 would be applied to make the final decision. If the ESC teacher moves to the 3rd grade position and then decides the next year that he or she would like to return to an ESC position, then that teacher would apply for a voluntary transfer if there was a position open.

(This is taken from an email written by Dr. McClain on April 2nd with her permission.)

How Bargaining Works

In interest based bargaining if one side has an issue, something they perceive as a problem, then both sides agree to talk about it and try to come up with solutions. The heart of the process is meeting together to look at problems and to come up with solutions.

There are several ways an article could be opened:
  • One side asks.
  • Yearly discussion (usually summer) about salary and benefits, along with any other burning articles for review.
The Executive Board initiates the discussion with the Negotiations Team to prepare. The Team might survey members, complete budget research, or connect with our CTA rep.

When an article is opened, either side has the opportunity to share their story and then group comes up with possible solutions. The solution list generated does not become a "To Do" list. Either side of the table has the opportunity to respectfully decline from making a decision.

Who Is My Negotiations Team?

You may have heard two long-term members of the Negotiations Team have resigned. At the last meeting of the Executive Board, two short-term replacement members were appointed as alternates. All of the Existing Members (non-alternates) of the Team have been in place for 2 years or more. Your Existing Negotiations Team Members will be:


Jim Gianola- Ocean Air (Chair)
Chris Rappa- Sage Canyon
Trisha Van Dillen- Ashley Falls
Tiffany Kinney- Del Mar Heights
Jennifer Howard- Sycamore Ridge

Alternates
Fred Bettig- Sage Canyon
Cinda Peck- Carmel Del Mar

All new members, along with any Executive Board members, will be trained before the proposed Negotiations Session, in Interest Based Bargaining along with any member of the District's Negotiations Team.

Please let your site rep know if you are interested in being trained or interested in learning more about Interest Based Bargaining in our District.

Rationale for Opening Negotiations Spring 2009

* Negotiations offers a chance for Teachers to be part of the solution.

* Our contract has a provision that a change in class size funding from the State triggers re-negotiation. For the last few years class size funding has been reduced and will be cut further this year. That seems to fall into the provisions of Article 18.6.

* Regarding meeting to discuss shared contracts:
There is no trigger language in the contract compelling us to grant the district request to meet to discuss article 22. However, there is a good faith reason to agree to meet to discuss shared contracts and to seek solutions. And there is some shaky contract language regarding the additional workdays that shared contract teachers currently get. It states that the shared assignment team may be compensated for up to 10 days. "May" and "for up to" are contract wiggle room words.

* We may need to meet with the district, to show them that we are committed to interest based bargaining, even if it is not our problem that triggers the meeting.

Opening Bargaining

In March 2009, the Board of Trustees asked Dr. McClain to open negotiations with DMCTA on two items in our contract:
* Shared contracts
* Class size
On March 30, 2009, the Executive Board decided to agree to open negotiations with the District on these two items.

To read the rationale, click here.
To read how Bargaining works, click here.