Sunshine Act violation

Secret School Board Meetings Considered Strategic!

What’s that saying, “It ain’t over until the fat lady sings”? Well, when it comes to outsourcing the jobs of the aides and paraeducators in the TE School District, I think the fat lady sang two years ago and was confirmed again at last night’s School Board meeting.

We know that the Board members received many phone calls and emails regarding their February 3rd Affordable Care Act decision – 73 full-time District employees received a choice, either go part-time or your job is outsourced. Many of us in the community wanted a ‘do-over’ on the Board’s policy change. And there was hope that with a significant public pushback, that the Board would reconsider. But as we learned last night, no amount of public input was going to change their minds — the TE School Board isn’t a fan of do-overs. We got the message, loud and clear, ‘they’ make the decisions and it is up to ‘us’, the residents, to abide by them, like it or not.

Oh, many of the Board members lamented how hard the decision had been and how they wished there could have been a different outcome; repeatedly stating that they ‘had’ to do it, there just was no other way. However, no matter how many times they said it and no matter who said it, I just sat there thinking, ‘if there’s a will, there’s a way”. Somehow, the Board finds money for a fancy LED sign at the high school, money for administrator raises, money for district-wide fencing projects and then money to pay legal fees defending the fencing projects, yet … there’s no money for health care benefits for the aides and paras.

Look, I had resigned myself two years ago to the fact that the Board was going to outsource this group of employees; clearly, the handwriting was on the wall then and nothing really changed since. The Affordable Care Act just gave the Board ‘cover’ … a Federal law to stand behind and something to point to as the reason for outsourcing.

No, what I found the most troubling on February 3, the intervening weeks since and then at last night’s Board meeting was the lack of transparency and disregard of the public by some of our elected officials. I am careful to say ‘some on the Board’ because I believe that not all of these Board members have agreed with the way this matter was handled. One highlight of the evening was Kevin Buraks’ diatribe defending the Board actions, referencing transparency and calling the decision of February 3rd ‘strategic’.

In addition to the many residents who reached out to the School Board over the last several weeks, special thanks go to Ray Clarke, Neal Colligan, Jerry Henige, Peggy Layden and Barb Jackson. These folks, who regularly attend committee and regular school board meetings, stepped up to the plate regarding the School Board’s February 3 decision. Like me, they believed that the policy change was a ‘wrong’ that needed ‘righting’ and sent a letter to the School Board stating the concerns. Unfortunately, rather than joining with us and the community in seeking a solution, the Board chose to stand behind the words of the District Solicitor. As I said last night, I really do believe that the individual School Board members are better than that letter from the solicitor and that we, and the many others who contacted them since their February 3 decision, deserved better.

Although viewed as an unfavorable School Board decision by many in the community, we will all move forward.

I’m really looking ahead to Spring!

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For another take on last night’s School Board meeting, here’s Ray Clarke’s account:

I was surprised by the proceedings at last night’s Board meeting.  On the positive side, the order of business was adjusted to allow airing of the two most pressing issues, the out-sourcing and fencing projects.  The depth of resident concern has clearly got through.  On the downside, though, there is no sign of that resident concern actually making a difference.

The fencing contract was still approved based on a specification that may or may not meet Township ordinances, and the apparently illegal ACA vote was not reconsidered.  Indeed, the Board adopted the Rudy Guiliani approach: double down on the outrageousness.  To paraphrase: “It was actually our considered strategy to have the meetings in secret and the vote unadvertised”.  The reason given being a “threat of unionization”.  That looks to me like a scheme to claim a legitimate exception to the Sunshine Act, which would be hard and expensive to disprove.  Only we know full well that there have been no organization attempts for at least twelve months.  I encourage everyone to review the meeting video for the unvarnished story.

Looking for a silver lining, there is a commitment to review the out-sourcing analysis at the upcoming March 9th Finance Committee/Budget workshop.  Of course if this consists of showing us slides with the same numbers as given verbally on February 3rd, then our time will have been wasted.  On the other hand, if there is a comprehensive analysis of:

  1. a) all the options based on realistic assumptions about the specific population of long-serving full-time employees, specific figures for penalties, laid out by year, and
  2. b) evaluation of the trade-off between those realistic options and other discretionary items like new maintenance buildings, fencing, floor refinishing, new kitchens, architect fees, etc., borrowing $24 million that costs $1 million a year while our $32 million Fund Balance sits idle, and so on then perhaps the public can be convinced that the plan does in fact represent the values and best interests of our community, and it is best to ask those employees and district residents to bear the full cost of this situation.

All those who have rallied for open government have cracked the door open a little.  Thank you and please keep pushing!

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