Wisler Pearlstine

Affordable Care Act discussion at TE Special Board Meeting — More questions than answers!

Last night’s special school board meeting included discussion of the Affordable Care Act and how the federal mandate would affect the District and its employees. The District’s ACA experts were Rhonda Grubbs, Wisler Pearlstine attorney (who works in the office of Ken Roos, school district solicitor) and Art McDonnell, business manager for the District.

Several aspects of the ACA presentation and discussion troubled me.  Although the agenda stated that Grubbs would make the presentation, it appeared that McDonnell was in charge of the discussion and for the most part, served as respondent to Board and resident questions with Grubbs there as back up.  McDonnell went through his prepared slides on the ACA, which included the various options available to the District.  One slide, labeled ‘Health Benefits’ provided the cost of offering health care to all employees working 30 hr./wk. or 130 hr./month not already covered. According to this slide, the cost to provide benefits would be $881K for single employees and $2.2M for family coverage.  However, there is no indication as to how ‘many’ employees this dollar amount references.  Many of us in the audience were wondering where McDonnell got these dollar amounts from – what is the exact number of additional employees the District is required to cover under the ACA.  Why weren’t the number of employees indicated on the slide?  Pete Motel asked McDonnell that specific question – with a bit of hesitation, McDonnell responds that the number of additional full-time employees that the District needs to cover is 106.

It then becomes clear why the number of employees does not appear on McDonnell’s slide — because the next question is what happened to the jobs of the rest of the full-time employees.  If you recall last spring, I think there were about 178 District aides, paras and substitute teachers that were not covered by District health benefits.  We know that about 40% of the aides and paras did not return for the 2013/14 school year but it is unclear how those positions were filled.  It is believed that many of these positions were outsourced but there has never been any public statement to that affect.

The next logical question to McDonnell came from Scott Dorsey – and that question was what happened to the rest of these jobs.  Dorsey wanted to know many aides and para positions are currently outsourced in the District.  McDonnell states that he does not know and asks Sue Tiede, the District’s personal director to answer Dorsey’s question. Tiede says that she doesn’t know the answer either. How is it possible that two of the highest paid administrators in the TE School District are unable to answer this simple question?

 Subsequently and to their credit, both Pete Motel and Doug Carlson tried to achieve an answer to the outsourcing question. Again stonewalling by McDonnell and Tiede – claiming they do not know how many positions have been outsourced.  With combined salaries of nearly $350K/yr, it is impossible to believe that neither McDonnell or Tiede know how many jobs are outsourced in the TE School District. McDonnell manages the check register for the District – he knows how much money is paid to Delta T and Quest.  Tiede manages the District’s personnel –  she knows who is hired and/or outsourced.

This is clearly not a case of McDonnell and Tiede  ‘not knowing’ the answer to the outsourcing question but instead their choosing not to answer the direct question of school board members.  According to Buraks, the ACA will next be discussed at the Finance Committee meeting on Monday, January 13.  The question for Art McDonnell and Sue Tiede is how many District jobs are outsourced to Delta T and how many District jobs are outsourced to Crest.

Following the ACA presentation and Board member questions to McDonnell and Grubbs, there was an opportunity for the residents to offer their comments and/or questions as stated in the agenda.  However, what the agenda did not say, was that residents were not allowed to ask their questions directly to the ACA presenters.  All residents questions must be directed to the school board president who ‘interprets’ the resident’s question and then re-asks it to Ms. Grubb.  But wait, it gets worse as one District resident, Joanne Sonn, discovered.

Sonn has done her homework on the Affordable Care Act, understands it better than most of us and previously offered her findings to the Board last year.  She has spoken to expert ACA consultants and they agree, (with the information currently available) that the District can be in ACA compliance by offering a ‘skinny plan’ to the aides and paras.  At last night’s meeting, some of the information provided in the presentation did not agree with Sonn’s interpretation of the Affordable Care Act so during the resident comment/question period she questioned McDonnell and asked for legal clarification from Grubbs.  In the midst of her questions, the District solicitor Ken Roos rudely interrupted Sonn and told her that residents are not allowed to ask Grubbs questions!

Sonn was asking the Affordable Care Act ‘expert’ for legal clarification.  She was then required to re-state her questions directly to Buraks.  But rather than asking Grubbs to respond to Sonn’s ACA questions, Buraks says that all residents must ask their questions before any will be answered!  To be clear, it doesn’t matter if there are three people or 10 people in line at the microphone – residents at school board meetings must ask all their questions before anyone can receive an answer.  I guess this delay gives the Board president time to decide which questions will be answered. This policy makes no sense and is extremely unsatisfactory.  At Board of Supervisors meetings, when a resident asks a question, they receive an answer immediately – why don’t the school board meetings operate the same way.

How were the residents to know that they are not permitted to ask questions of the person making the public presentation – there was no indication in the agenda nor direction from the school board.  I found Ken Roos outburst to a resident unnecessary and disrespectful. There’s much talk about civility at these meetings; shouldn’t that civility policy extend to the District solicitor. Although it is understood that Ken Roos does not work for the residents, our taxpayer dollars pay his legal fees.

The special meeting to discuss the Affordable Care Act was eye opening, to say the least. It wasn’t so much what Rhonda Grubbs and Art McDonnell said — it was more what they didn’t say (or chose not to say).  It was obvious that Grubbs and McDonnell are working together with a shared goal.  And unless the Board and the community offers push-back, I think the endgame is to see how many reasons they can come up with not to offer insurance to the District’s aides, paras and substitute teachers. Grubbs herself volunteered that she and McDonnell would be working together on the ACA issue.  So much for unbiased third-party input and since when did the District’s business manager become an expert on the Affordable Care Act?  Again, I ask – why doesn’t the District bring in insurance consultants/experts from the outside?

A special thanks to school board members Pete Motel, Doug Carlson and Scott Dorsey – they were asking the questions that the public wanted answered.

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