2012- 2013 Public Disclosure CUEA Collective Bargaining Agreement

The following documents can be found on the Capistrano Unified School District web site: see Board Meeting Agendas- June 27th, 2012 Board meeting Agenda Item #1 entitled: Recommendation of the Tentative Agreement with the Capistrano Unified Education Association for July 1, 2012 - 2013:

NOTE #1: "The Contract with CUEA expires on June 30, 2012":
The 2011- 2012 Adopted Budget shows that the ratio of unrestricted salaries and benefits to total unrestricted general fund expenditures was projected to be 101.9% of CUSD's budget for 2012- 2013 and 2013 -2014.

Source:  2011-2012 Adopted Budget (page 6)

To bring that ratio down, the District approved an early retirement plan that cost the District $2.44 million per year for five years. The first $2.44 million dollar payment for the current year (2012- 2013) was paid for with a class size increase that will expire on June 30, 2013. Average class sizes in CUSD already exceed state maximums requiring waivers. Average class sizes have increased from 20:1 in 2006 to 34:1 in 2012, with a maximum average of 35 (Elementary Schools).

• Question:  How is the District going to pay for the $2.44 million dollar payment for the next four years?
• Question: Should parents expect on-going class size increases to pay for this new debt?
• Question: Because Capistrano Unified is filing "Qualified" budgets (meaning they may not be able to meet their financial commitments this year) they are required; by law, to balance their budget for the current year and two subsequent years? CUSD did not identify how they were going to pay the remaining four years of the early retirement debt nor did they identify where the $52.5 million in cuts projected for 2013 - 2014 and $51 million in cuts for 2014- 2015 would come from.  How did the OCDE accept CUSD's budget and corresponding employment contracts without raising this issue?

Source:  2012-2013 Proposed Budget (at Page 18.134)  - Presented at the June 27, 2012 meeting of the Board of Trustees) 

Source: Letter dated August 7, 2012 from the Orange County Department of Education to Gary Pritchard, Board President and Joseph M. Farley, District Superintendent at the top of page 2: 

NOTE #2: "To publicize the challenges of the 2012- 2013 budget, District Officials conducted over 25 budget presentations to employee organizations leaders, staff members, parents and the public."

A public records request for documentation of these 26 meetings determined that only three of the referenced meetings were open to the public. There is a legal issue as to whether or not CUSD complied with Public Disclosure Laws. This issue is currently being investigated by the Orange County District Attorneys office.- see articles:

• Was the Public Intentionally Excluded From Participating In The Collective Bargaining Process?

• Did the Capistrano Unified School District Violate Public Disclosure Laws During the 2012 - 2013 Collective Bargaining Process?

NOTE #3: "These reductions and changes included salary reductions, furlough days, with a corresponding salary decrease, a salary schedule freeze and a class size increase."

The 1.2% Salary reduction and corresponding furlough days were not a newly negotiated item- they were part of the 2010 Collective Bargaining Agreement entered into after the 2010 Teachers Union Strike.

The "salary schedule freeze" is for 1/2 year which means that teachers will receive an increase in salary equal to 1/2 year Step & Column.  This will cost the District $1,279,099 for 2012- 2013.

• Question: Why is the District increasing compensation at a time when they have future projected deficits of $103 million dollars; are cutting programs, increasing class sizes and closing school (furlough days) to balance their budget?

NOTE #4: "CUEA and District Representatives met on May 24th, May 31st and June 12th to reach a tentative agreement." 

A CUEA Bargaining up-date dated June 5th, 2012 states that the CUEA and District Representatives met on May 25th, 2012,  May 31st, 2012 and are scheduled to meet again on June 11, 2012. 

Source: CUEA Bargaining Update dated June 5, 2012 Shown below

An internal e-mail from the Orange County Department of Education From Patricia Koch to Wendy Benkert dated January 5, 2012 states that the District is beginning negotiations with CUEA next week- (mid January).

Negotiations with bargaining units cannot begin until the initial proposals for both the District and the Bargaining Units have been made public, and the Public has been provided with an opportunity to voice their opinion about the proposals to the Board of Trustess (Government Code Section 3547).

The District made it's initial proposal public at the February 29, 2012 Board Meeting Agenda Item #9. The District made CUEAs' initial proposal public at the April 25, 2012 Board Meeting Agenda Item #4.

Negotiations between the District and CUEA should not have begun prior to April 25, 2012 because the public was excluded from the collective bargaining process prior to that date. This is a violation of Public Disclosure Laws. This issue is currently being investigated by the Orange County Department of Education.

"2. They are starting to negotiate with CUEA next week, beginning with a possible early retirement incentive that would be tied to class size increases. They don't have the final numbers so this option is still in the air but it would be a good strategy for starting negotiations. He is cognizant that additional revenues to schools are going to be dependent on the tax vote in November, so they have solve their budget hole prior to that election. He says relations with the teachers' association are very good right now. (I congratulated him on making the right guess about the trigger)" 

NOTE #5: "Meeting this objective, a tentative agreement was reached on June 12, 2012, which includes a salary schedule step freeze from July 1, 2012 - December 31, 2012, five instructional furlough days, and a class size increase. In addition, the agreement addresses any additional reductions necessary in the event of mid-year cuts to the Districts budget"

A salary schedule step freeze from January 1, 2012 - December 31, 2012 means that their will be a salary schedule step increase from January 1st, 2013 - June 30, 2013. This increase will cost the District $1,279,099 for 2012- 2013.

NOTE: #6:

Was the Public Intentionally Excluded From Participating In The Collective Bargaining Process and Prevented From Having In-put On How Capistrano Unified School District's Budget Cuts Were Made?

On  July 24, 2012, a Public Request for Documents was made. The request asked the Capistrano Unified School District to supply documentation of the more than:

"25 budget presentations that were made to various groups concerning the 2012- 2013 District Budget..."

The purpose of the request, was to see what effort the District made to include parents and the public in the Budget Process. Only 3 of the meetings sited by CUSD were open to the Public for the purpose of including public in-put into the budget process.  

• 1) March 6, 2012 Community Forum at San Juan Hills High School
• 2) June 7th, 2012 Community Budget Forum, and
• 3) Noticed Public Hearing June 21st - 27th

It should also be noted that at the June 27th, 2012 Board Meeting- Public Discussion was not allowed. Board President Dr. Gary Pritchard and Trustee John Alpay shut down discussion and did not even allow minority Trustees have the opportunity to make public comments on the record. 

The following is a timeline that shows the list of meetings that the District sited in response to the request as well as documentation for each meeting sited:

You Decide-
Was the Public Intentionally excluded from the Collective Bargaining Process and prevented from having in-put on how budget cuts were made?

1.      November 7^th, 2012  CUCPTSA Council Meeting

This was a closed meeting that was not open to the Public.

Councils of PTAs or PTSAs are created by the California State PTA for the purpose of conference, leadership training, and coordination of the efforts of the member units. You must be a member of the PTA Council to attend this meeting.

2.      January 25th, 2012   Closed Session of the Board of Trustees

This is a closed session that is not open to the Public.

By definition, a “Closed Session” is a session (usually of a legislative body) that is closed to the public.

3.      January 25th, 2012   Board Meeting- Report on the Budget

Agenda Item #10 Discussion/Action

Presentation and Receipt of the Annual Financial Report for the Year Ending June 30, 2011:

Presentation and Receipt of the Annual Financial Report for the Year Ending June 30^th, 2011 – State law requires each school district to have an annual audit by a state-certified independent auditor. This agenda item pertained to the Districts Annual Financial Report for fiscal year ending June 30, 2011. Trustees voted to receive the audit.

Trustees voted to receive the audit- this was not a budget presentation to the Public.

Agenda Item #11 Information & Discussion

Governor’s January Budget Proposal for fiscal year 2012-2013

The Governor released his 2012-2013 Budget Proposal on January 5^th. Staff attended a School Services of California Governors Budget Workshop on January 18^th, 2012. The Staff presented a “verbal only” report - due to the shortness of time between the workshop and January 25^th Board Meeting”

This was scheduled as an information only item to answer any questions that Trustees may have- it was not a “Noticed Hearing for the Public”- nor is their any written documentation in the agenda records of what was actually presented to the Trustees.

4.      January 30^th, 2012 Superintendent’s Parent Advisory Council - Agenda Item #2 District Budget and Statewide Fiscal Challenges

This was a closed meeting that was not open to the Public.

The Parents Advisory Council is a group of parents from the PTA, community, etc. that is selected by the Superintendent. You must be a member of the Council to attend these meetings.

5.      February 13^th, 2012 Closed Session of the Board of Trustees

This is a closed session that is not open to the Public.

By definition, a “Closed Session” is a session (usually of a legislative body) that is closed to the public.

6.      February 13^th, 2012  Special Board Meeting- Report on 2012- 2013 Budgeting and Finance

Agenda Item #1 Information/Discussion

“Decisions will need to be made in the coming months to determine how spending reductions will be made and implemented by June 30^th, 2012 budget adoption deadline”

The following was what was presented:

Agenda:

1.   Size of the Budget Problem

$30 million if voters approve the temporary tax measure proposed by the Governor. $48 million if the tax measure is not approved. Another $2 million if the proposed transportation cut is replaced with deeper cuts to revenue limit. Total budget shortfall $50 million.

 

2.   Recap of Prior District Budget Cuts

Management Reductions:

2008 – 2009   Eliminated 26 District Level management and confidential positions and 5 site-level positions

2009 – 2010   Eliminated 21 management and confidential positions at the District level and 11 elementary assistant principals

2011 – 2012   Eliminated 2 middle school assistant principals

Classified Support Reductions:

2007- 2008    Eliminated 94 positions

2008- 2009    Eliminated 42 positions

2009- 2010    Eliminated 55 positions

2010- 2011    Eliminated 28 positions and reduced calendar days and hours for 9.5 month employees

2011- 2012    Reduced calendar for 10 month employees

Classified Support Reductions- Teamsters:

2007 – 2008   Eliminated 52 positions

2008 – 2009   Eliminated 2 positions

Larger Class Size (Certificated Reductions)

2007- 2008    (not mentioned)

2008 – 2009   (not mentioned)

2009 – 2010   Increased class size for 2^nd and 3^rd grades from 20 to 31.5 students

Reduced Instructional Support Services

2009 – 2010   Reduced Counselors, elementary music teachers, psychologists, and resource teachers on special assignment

Program and Service Reductions

2007 -2008    Reduced home-to-school transportation from 47 to 18 routes operated under a “parent pay” program

2008 – 2009   (not mentioned)

2009 – 2010   Eliminated or reduced many programs to utilize categorical flexibility including:

·      Adult Education

·      Summer School

·      PE Grants

·      Deferred maintenance

·      Cal-SAFE

·      Art & Music Block Grant

·      CAHSEE Instruction

·      PAR

·      Instructional Materials

·      Professional Development and School and library Block Grants

Furlough Days

2009 – 2010  

CUEA: 3 non-instructional days +1 instructional day

Management: 11 – 12 days

2010 – 2011  

CSEA: Up to 4.5 days

2010 - 2011  

CUEA: 1.5 – 3 days

Teamster: 4 days

Management: 6 days

Salary Rollback

2009 – 2010

Management 5.25%

2010 – 2011

Certificated 1.2%

CSEA .7

Teamsters 1%

Management 3.7%

Medical/Dental Benefits

Effective January 2011, all employees pay a larger share of the monthly premium cost (% not specified)

3.   Options for Addressing the Budget Shortfall

Non- Negotiable Items

·      Eliminate Programs and positions

·      Reduce Management, certificated and classified staffing

·      Reduce additional assignments

·      Eliminate non-mandated programs and services

·      Postpone transitional Kindergarten program

·      Eliminate positions added with Fed Stimulus money

·      Offer retirement incentive in conjunction with tightening staffing positions and the possibility of larger class size to realize salary savings for certificated non-management positions

·      Freeze hiring and spending for all non-essential positions and purchases.

Negotiable Items

·      Increase class sizes for grades K- 3 and 4 – 12

·      Additional furlough days

·      Additional salary rollbacks

·      Freeze salary schedule (step and column)

·      Defer restoration until state funding improves

·      Other contract provisions with cost implications

4.   Timeline

7.      February 16th, 2012 Classified Managers Meeting with the Superintendent

This meeting was not open to the Public.

This was a closed meeting between Superintendent Farley and Classified Managers for the purpose of presenting 2012-2013 budget information that was shared at a previous Principals meeting.

Required Attendees:

§  John G. Forney- Executive Director, Facilities, Maintenance & Operations

§  Cary Brockman – Director of Facilities

§  Randall L Rawles -

§  Dawn Davie – Food Service Director

§  Cindy Brown- Executive Director Accounting

§  David W Carter- Executive Director of Fiscal Services

§  Terry Fluent – Director of Purchasing

§  Bobbie Foote

§  Tim Holcomb –Deputy Superintendent Business Services

§  Mathew Krause – Payroll Manager

§  Robyn Phillips - interim Deputy Superintendent of Business and Support Services.

§  Pam Smeagle - Manager IV, Budget Planning

§  Jeff Bristow

§  Ben M Dewees - Manager, Construction

§  Alex L Malfavon – Manager Facilities, Maintenance and Operations

§  Mike R. Patterson

§  Jodi Brentlinger - Assistant Superintendent, Personnel Services

§  Kathy K Kessler

§  John A Chamberlin - Food & Nutrition Middle School Operations

§  Cindy L Killingback – Supervisor Transportaion Safety and Training

§  Debbie Patterson – Food & Nutrition Elementary School Operations

§  Debbie Qualtiere - Food & Nutrition High School Operations

§  Patrick Tavernier

§  Carroll G. White – Transportation- Vehicle Maintenance

§  Tom Cachat

§  Susan E. Holiday – Executive Director Technology and Information Services

§  Gabe H. Salinas – Director Technical Services – Network Services

§  Bobbi Yslas – Manager Technical Services- Desktop Service

§  Sharon A DeArmas – Supervisor Transportation Safety and Training

§  Susan M. Herrera – Manager Transportation Home to School & Special Education

§  Katie S. Nunan

§  Jane Boos- Executive Secretary to the Superintendent

§  Madelyn Griffin

§  Susan B Herbert

§  Kathy Linderoth – Office Manager

§  Debbie Pulido- Executive Secretary Business & Support Services

§  Marcus E. Walton - Chief Communications Officer

§  Joseph M Farley – Superintendent

8.      February 29th, 2012 Board Meeting- Resolution #1112-33 Reserving the Right to Make 2012- 2013 Employee Compensation Reductions

Agenda Item #7 Discussion/Action

Employee Compensation over 90% of the Budget

Education Code Section 45032 and 45162(b) authorizes the governing board of a school district to increase the salaries of employees at any time during the school year on any date ordered by the governing board, but does not authorize decreases in salary during the school year.

Adoption of Resolution 1112-33 gave Board authorization to provide written notice to Union leadership of the Districts represented groups, and to unrepresented CUMA employees. This action reserved the right to negotiate a reduction in salaries and/or work year during the 2012-2013 school year should it become necessary.

Trustees voted to pass resolution #1112-33 so that the District could provide written notice to Union leadership and to un-represented CUMA.

The Public was not involved in the process.

9.      March 6, 2012 Community Forum At San Juan Hills High School

Community Forum for Parents and the Public re: Capistrano Unified School District’s 2012-2013 Budget

This meeting was open to the public.

In response to a Public Records Request the District on July 24^th, 2012 Superintendent Joseph Farley stated that this meeting was noticed by:

·      A media advisory was released Thursday, March 1, 2012

·      A web site report on the meeting posted Thursday March 1, 2012

·      An “all call” message that was electronically transmitted to all parents on Sunday, March 4^th at 6:30 pm. Documented by a “message delivery statistic” that confirms notice was received by 30,660 unique parent phone numbers

The following Notice was published on the Capistrano Unified School District Web Site on March 1, 2012 – 5 days before the scheduled forum

News Items for the Home Page

Tuesday: San Juan Hills HS to Host Community Forum

Parent Leader to Moderate Discussion 

The state of the Capistrano Unified School District’s 2012-2013 budget will be a focus of discussion at a “Conversation with the Superintendent” on Tuesday, March 6, 2012, at 7 p.m. in the theater at San Juan Hills High School.

San Juan Hills High School is located at 29211 Vista Montana, San Juan Capistrano.

Superintendent Joe Farley will engage in a conversation with community members moderated by former San Juan Hills PTA President Mary St. Onge.

Parents and community members are invited to join the conversation as Farley gives an update on the District and discusses items of interest to District stakeholders.

Who:               Superintendent Joe Farley, former San Juan Hills PTA President Mary St. Onge, parents, community members

What:              Forum for parents and community members to meet the superintendent, get information on the District, and ask questions

Where:            San Juan Hills High School, 29211 Vista Montana, San Juan Capistrano

When:             Tuesday, March 6, 2012, from 7 p.m. to 8 p.m.

Posted by: Marcus Walton

Published: 3/1/12

Audience: Homepage

On March 5^th, 2012 The Dana Point Times published an article informing the public about the meeting.

According to press coverage of the meeting “about 25 community members, parents and students attended the meeting…”

See article by Jackie Connor Published March 7^th, 2012 in the:

·      Aliso Viejo Patch

·      Mission Viejo Patch

·      Rancho Santa Margarita Patch

·      San Clemente Patch

See article by Penny Arvelo Published March 8^th, 2012 in the:

·      San Juan Capistrano Patch

See CUPTSA Legislative New Letter – March 9^th, 2012 – Local Up-date by Leslie Parker

It is important to Note that the PTA Legislative Team did not provide any advance notice about the Forum, inviting the public to attend- They did however, report on the event siting the above referenced San Clemente Patch article- stating that the meeting was attended by “about 25 parents and community members”.

10.    March 12, 2012 Principals and Certificated Management

This meeting was not open to the Public.

This was a closed meeting between Superintendent Farley and Capistrano Unified School District Principals.

Agenda Item II.  Budget Up-date by Joe Farley

11.    March 12, 2012 Closed Session of the Board of Trustees

This is a closed session that is not open to the Public.

By definition, a “Closed Session” is a session (usually of a legislative body) that is closed to the public.

12.    January 25th, 2012   Certification of the 2011- 2012 Second Interim Report and Adoption of Resolution No. 1112-37, 2011-2012 Revenue and Expenditure Increases/Decreases

Agenda Item #1 Discussion/Action

In accordance with Education Code Section 42130, school Districts are required to submit interim financial reports to the governing board prior to submitting these reports to the State and County Office of Education. Resolution No. 1112-37 adjusts the various fund budgets to reflect the Second Interim Report.

The Board of Trustees is required to certify the interim report to indicate that they have been informed of the financial stability of the District. The Superintendent is also required to certify that an interim report review has been conducted using State-adopted Criteria and Standards. The District’s Second interim report is based upon activity from July 1, 2011, through January 31^st, 2012.

Additionally AB 1200 mandates that school districts demonstrate multi-year fiscal solvency through their interim reporting and annual budget. District financial reporting is certified, positive, qualified, or negative for the reporting period. The Certification is an evaluation of the District’s ability to maintain fiscal solvency in the current and two subsequent fiscal years.

The District approved a “QUALIFIED BUDGET” – based upon current projections this District may not meet its financial obligations for the current fiscal year or two subsequent fiscal years.

13.    February 15th, 2012 Teamsters Leadership Group

This meeting was not open to the Public.

This was a closed meeting between Superintendent Farley, Jim Hetrick and Teamsters Executive Board Members Heidi Harris and A?.

14.    March 19th, 2012 Superintendent’s Teacher Advisory Council

This meeting was not open to the Public.

This was a closed meeting between Superintendent Farley and members of the Teacher’s Advisory Council re: Budget up-date  

15.    March 20th, 2012 CUEA Executive Committee

This meeting was not open to the Public.

This was a closed meeting between Superintendent Farley, Jodee Brentlinger, Robyn Phillips, Vicki and the CUEA Executive Board.

Capistrano Unified Education Association (CUEA) is the professional association (teachers’ union) for the non-supervisory certificated employees in the Capistrano Unified School District. Its membership is composed of regular classroom teachers, pre-school teachers, special education teachers, music teachers, counselors, speech pathologists, psychologists, librarians, and nurses. There are currently approximately 2300 members of CUEA. CUEA is a local affiliate of the state organization, California Teachers Association (CTA), and the national organization, National Education Association (NEA).

16.    March 21st, 2012 CSEA Negotiation Team

This meeting was not open to the Public.

This was a closed meeting between Superintendent Farley, Jodee Brentlinger Assistant Superintendent of Personnel Services and the CSEA Negotiation Team.

The California School Employees Association Capistrano Chapter 224 represents the Classified employees of the Capistrano Unified School District.

17.    March 27th, 2012 CSEA Executive Board

This meeting was not open to the Public.

This was a closed meeting between Superintendent Farley, Jodee Brentlinger Assistant Superintendent of Personnel Services, Robyn Phillips and the CSEA Executive Board.

18.    April 2nd, 2012 Up-date for Principals and Certificated Management

This meeting was not open to the Public.

This was a closed meeting between Superintendent Farley, Jodee Brentlinger Assistant Superintendent of Personnel Services, Jim Hetrick, Heidi Harris Alex Perez and Team re: Budget Up-date for Principles and Certificated Management

19.    April 2nd, 2012 Open Session for Interested Teamsters

This meeting had no supporting documentation in the Packet submitted in response to the Request for Public Records.

20.    April 4th, 2012  Education for the Children Foundation Board Meeting

Education For The Children raises and distributes funds to enhance and supplement the learning experiences of public school students in our service area: Arroyo Vista School, Wagon Wheel Elementary School, Tijeras Creek Elementary School, Las Flores Elementary School, Las Flores Middle School and Tesoro High School

Education For The Children Foundation (EFC) was founded by a group of dedicated community leaders committed to supporting a level of excellence and innovation within the Capistrano Unified School District in southern Orange County, California. EFC's mission is to build a relationship between public schools and the community raising money to supplement the educational resources of local schools. The Foundation was created in 1998 and to date has raised over $1,300,000 to support teacher grant programs and facility upgrades at six local schools; Arroyo Vista School, Wagon Wheel Elementary School, Tijeras Creek Elementary School, Las Flores Elementary School, Las Flores Middle School and Tesoro High School.

21.    April 24th, 2012 Superintendent’s Parent Advisory Council - Agenda Item #3 District Budget and Statewide Fiscal Challenges

This was a closed meeting that is not open to the Public.

The Parents Advisory Council is a group of parents from the PTA, community, etc. that is selected by the Superintendent. You must be a member of the Council to attend these meetings.

22.    April 25th, 2012 Board Meeting- TRAN/Classified Management/Non-Management Layoffs/Reduction of Certain Certificated Services

Agenda Item #1 Discussion/Action

Resolution No. 1112-41, Authorizing the Borrowing of Funds for Fiscal Year 2012- 2013 and the Issuance and Sale of One or More Series of 2012-2013 Tax and Revenue Anticipation Notes and Participation in the California School Cash Reserve Program and Requesting Board of Supervisors of the County to Issue and Sell Said Series of Notes

Tax and Revenue notes (TRANs) are short-term debt instruments issued by a school district to meet cash flow needs. The District needs additional cash flow because timing gaps between receipt of revenues and the expenditure of general fund monies. Resolution No. 1112-41 authorizes the District to participate in the California School Cash Reserve Program to issue a TRAN to meet cash flow needs for the 2012-2013 fiscal year.

Approval of Resolution No. 1112-41 allowed the Capistrano Unified School District to borrow up to $75 million in a TRAN for the 2012-2013 fiscal year through the California School Cash Reserve Program sponsored by the California School Boards Association Finance Corporation.   

The cost of issuance for the 2012- 2013 TRAN is estimated at $115,000.00. This includes fees for the financial advisor, bond council, bank council, rating agency, printing and administrative costs.

The interest rate paid to bond holders is estimated at 0.4 percent based on current market conditions. All expenses are expected to be offset by the purchase premium and interest earnings. The purchase premium is paid by the buyer at the time of the bond sale and is the amount above the face value of the TRAN for which it sells. Proceeds from the TRAN will be invested with the Orange County Treasurer and interest earnings are projected at 0.5 percent.

*Note- Page 12 of 48 Section 4 Sale of Notes; Delegation. Makes reference to “an interest rate or rates on each Series of Notes to the stated maturity or maturities thereof, which shall not, in any individual case, exceed twelve percent (12%) per annum (per annum)…”

Agenda Item #2 Discussion/Action

Resolution No 1112-39, Classified Layoff Management and Non-management Employees

With the Governor’s January Budget proposal, the District is anticipating a 50.1 million shortfall as it prepares for 2012- 2013. That figure will drop if one of two tax initiatives to support schools passes in November 2012. With personnel cost now exceeding 90 percent of the District’s total budget, the District must consider all options available in an effort to provide maximum flexibility during the budget development process. This includes preparing for the worst-case scenario. Preparing for a significant budget shortfall creates the need to consider reducing or eliminating programs and services. In accordance with Education Code Section 45117, classified employees may be laid off due to bona fide reduction, elimination of a service being performed, or a lack of funds. The layoff process considers length of service (e.g., seniority) and any other higher classifications, with no skipping permitted for special expertise. This agenda item proposes the elimination of positions due to a lack of funds. Classified employees must be given a forty-five (45) day notice prior to the effective date of nay layoff. Individuals laid off shall be eligible for employment for a period of 39 months pursuant to Education Code Section 45298. There will be a budget reduction in the amount of $3.5 million as a result of this classified layoff.

These layoffs included 47 Instructional Aids.

NOTE: It should be noted that as the District has continued to cut it’s budget and lay off staff, many schools have started using fund-raising money to pay for instructional aids, Library Staff, Substitute Teachers and necessary school supplies in direct violation of the Districts Settlement Agreement with the ACLU:  

See Exhibit “B” Entitled “Public School Donations”

Agenda Item #3 Discussion/Action

Resolution No 1112-42, Reduction or Elimination of Certain Certificated Services

Resolution No 1112-42 seeks approval of the reduction and/or elimination of certificated services. Approval of this resolution provides maximum flexibility as provided the Board in previous years.

Agenda Item #4 Discussion/Action

CUEA Contract Reopener Proposal

The current collective bargaining agreement between the District and Capistrano Unified Education Association (CUEA) expires June 30^th, 2012. On March 12, 2012, the Board adopted the District’s proposal to reopen negotiations for the 2012 – 2013 school year. Board Policy 4143.1, Public Notice-Issues of Meeting and Negotiations describes the steps taken by the Board and its authorized representatives in order to enter into a new agreement with an exclusive bargaining unit. The District has approved its proposal to reopen six articles.

Note: The CUEA (Teachers Union) presented their opening contract proposal to the District in a letter dated March 30, 2012. This letter was not made public until the April 25^th, 2012 Board meeting. Openers must be made public before contracts can be negotiated. The record shows that CUSD began actual negotiation with employee groups prior to disclosing CUEA’s opener to the public- a violation of the public disclosure laws.

The March 30, 2012 letter from the CUEA (Teachers Union) to the District identified the following:

Article 5 Hours of Employment

·      Develop limits for time spent beyond work hours on meetings

·      Modify Article 5.11 in order to allow the school calendar to be negotiated

·      Decrease the number of duties that elementary school teachers are required to perform

·      Insert language that would modify student spring conference requirements

Article 8 Class Size

·      Form a joint CUES/CSD committee to develop guidelines for creation and maintenance of elementary combo classes

Article 10 Leaves

·      Increase the amount of personal necessity days per Article 10.3.3

Article 11 Association Rights

·      Increase the number of days for Association paid release time per Article 11.5

Miscellaneous

·      Rotate site leadership positions (for example department chair, leadership team, 6/5's)

On March 12^th, 2012 The District made it’s contract proposal to the CUEA (Teachers Union) public: see March 12^th, 2012 Board Meeting: Agenda Item #5- CUEA “Initial Proposal of the Capistrano Unified School District to the Capistrano Unified Education Association for the 2012- 2013 School Year.

Article 1 Designation of Parties and Length of Agreement

·      The District proposes to amend this Article to reflect new multi-term and mutually agreeable limited opener language. Reopener negotiations may begin on or about March 1 of the applicable year.

Article 5 Hours of Employment

·      The District proposes to negotiate a sufficient number of temporary work year reductions (furlough days), with a corresponding decrease in salary. The District also proposes to explore and amend workday, hours and release time language.

Article 8 Class Size

·      The District proposes to negotiate class size language applicable to grades K0 3 and 4- 12 to increase flexibility as necessary to address fiscal challenges.

Article 11 Association Rights

·      The District proposes to negotiate adjustments in release time.

Articles 13 and 14: Health and Welfare Benefits and Wages

The District proposes to adjust total compensation expenditures to address fiscal challenges presented by the State Budget and the District’s projected budget shortfall.

Agenda Item #6 Discussion/Action

CSEA Contract Reopener Proposal

At the March 12^th, 2012 Board Meeting: Agenda Item #6- CSEA Contract Re-opener, the District made public the Districts “Initial Proposal of the Capistrano Unified School District to the California School Employee Association Chapter 224 for the 2012- 2013 School Year.

Agenda Item #7 Discussion/Action

Teamsters Contract Reopener Proposal

At the March 12^th, 2012 Board Meeting: Agenda Item #7- Teamsters Contract Re-opener, the District made public the Districts “Initial Proposal of the Capistrano Unified School District to the Teamsters for the 2012- 2013 School Year.

23.    May 17^th Budget Forum for Certificated Staff

This Budget Forum was not open to the Public.

This Budget Forum was for Certificated Staff. Parents and the Public were not invited and did not receive notice of this meeting. Message Delivery statistics provided by the District in the public records request show that notice of this forum was sent to 2,041 Certificated Staff Members.

24.    May 23rd, 2012 Board Meeting

Agenda Item 1: 2011-2012 Updated Financial Statements Third Interim Budget Report

Approval of the 20122- 2012 Third Interim Report. In accordance with Education Code Section 42131(c), a school district, which is qualified or negative as of the Second Interim Report, shall submit financial statement projections of the District’s fund and cash balances to the Orange County Department of Education, State Controller, and the Superintendent of Public Instruction, These financial statement projections and cash balances are typically referred to as the “Third Interim Report”.  The Third Interim Report covers the period of July 1, 2011, through April 30, 2012 and includes the following:

·      Third Interim General Fund Financial Report for 2011- 2012

·      Cash Flow projections for fiscal year 2011- 2012

The Third interim Report is not required to be certified as positive, qualified or negative, and is required only to be submitted to the Orange County Department of Education and the various state agencies. 

This was a regularly scheduled Board Meeting that was open to the public, but not noticed as a Public Hearing.

Agenda Item 7: Teamsters Contract Reopener Proposal, 2012-2013 School Year

The Teamsters Local 952 presented their opening contract proposal to the District in a letter dated May 15th, 2012. This letter was made public at the May 23rd, 2012 Board meeting.

25.    June 4^th, 2012 Budget Forum for Classified Staff

This Budget Forum was not open to the Public.

This Budget Forum was for Classified Staff. Parents and the Public were not invited and did not receive notice of this meeting. Message Delivery statistics provided by the District in the public records request show that notice of this forum was sent to 2,092 Classified Staff Members.

26. June 7^th, 2012 Community Forum at the District Office

         This Budget Forum was Open to The Public

The Capistrano Unified School District notified Parents and the Public about the forum by:

1)      Announcement on the District’s web site as a News Item on June 5^th, 2012

News Item: Homepage

Budget Forum on Thursday

The District will hold a community budget forum on Thursday, June 7, from 6 p.m. to 7 p.m. Superintendent Joe Farley will provide data about the District’s 2012-2013 budget. While most of this information has already been shared during regularly scheduled Board meetings and during meetings with parent and employee groups, this discussion will give the community an additional opportunity to learn more about the budget for the 2012-13 school year.

The forum will be held at the District Education Center, 33122 Valle Road, San Juan Capistrano. Previous presentations on the 2012-2013 budget can be found on the Budget News page of the website. For more information, please contact the Communications Office at (949) 234-9308 or email.

Posted by: Marcus Walton

Published:6/5/12

Audience: Homepage

2)      By an automated call to 28,088 parents in the District on June 5^th, 2012.

3)      By sending a notice to each school site to post a Notice of Public Hearing at each school site on June 5^th, 2012.        

4)      By publishing a Notice of Public Hearing: Proposed 2012- 2013 Budget For Capistrano Unified School District in the Orange County Register on June 8^th, 2012

5)      On June 4^th The District Noticed a Public Hearing:

         CAPISTRANO UNIFIED SCHOOL DISTRICT

BOARD OF EDUCATION

NOTICE OF PUBLIC HEARING

The Capistrano Unified School District Board of Trustees hereby gives notice that a Public Hearing will be held as follows:

TOPIC OF HEARING:

The Capistrano Unified School District’s 2012-2013 Proposed Budget.

Copies of the 2012-2013 proposed budget may be inspected at:

33122 Valle Rd, San Juan Capistrano, CA from June 21 to June 27, 2012 between the hours of 8 a.m. and 5 p.m.

After the Public Hearing, the Capistrano Unified School District Board of Trustees will consider adoption of the 2012-2013 Proposed Budget.

HEARING DATE: June 27, 2012

TIME: 7:00 P.M.

LOCATION: CUSD Education Center, 33122 Valle Road, San Juan

Capistrano, CA, 949/234-9200.

Note: Pursuant to Education Code Section 42103 The Proposed 2012- 2013 Budget was made available for public inspection at the District Office from June 21^st – to June 27^th between the hours of 8:00 am and 5:00pm.