PUBLIC DISCLOSURE LAWS ARE THERE TO PROTECT THE PEOPLE

Trustees are elected by the Public to represent the interests of the Taxpayers and Students. Trustees do not represent what is in the best interests of employees at the collective bargaining table. Employees are represented by their bargaining units.

In order for Trustees to fulfill their fiduciary duty to taxpayers and students, Trustees must consider the Public’s voice when negotiating employment contracts and adopting a budget. Trustees must provide parents and the public with an opportunity to study contract issues, evaluate their cost and impact on the educational system, and provide the public with an opportunity to be heard.

Public disclosure laws are intended to ensure 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 (Trustees)".

During tough economic times; when the interests of employee groups are at odds with those of the students, district finances and the collective bargaining process take on special importance. Decisions on how a school district spends money should not be negotiated behind closed doors.  When disclosure laws are complied with, students, interested parents and taxpayers have an opportunity to influence Trustees who are elected by the public, to represent the interests of students and taxpayers at the collective bargaining table. When disclosure laws are not complied with, what is left is a group of adults conspiring behind closed doors to maximize employee compensation at the expense of student services. Trustees have a legal fiduciary duty to represent the interests of students and taxpayers in all matters before the Board.

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.

CUSD FAILED TO COMPLY WITH PUBLIC DISCLOSURE LAWS AND VIOLATED SECTION 42131 OF THE EDUCATION CODE.

2015-17 CUEA Contract with CUSD - TIMELINE  

NO PUBLIC HEARING OF INITIAL PROPOSALS 

CUSD Violated Education Code Section 3547 (a)(b)(c)

CUSD failed to provide the Public with a:

NOTICE OF PUBLIC HEARING CUEA Contract Re-opener Proposal to CUSD

and 

NOTICE OF PUBLIC HEARING CUSD Contract Re-opener Proposal to CUEA

There was no Board meeting scheduled as an INFORMATION/DISCUSSION Item so that the Public would have an opportunity to review the proposals and express themselves to the Board. 

"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."

CUSD skipped the Information/Discussion and went straight to a vote (Discussion/Action) by placing these proposals on the April 22, 2017 Board Meeting WITHOUT A PUBLIC HEARING.

What was very Confusing to the Public was that CUSD Voted to approve a Tentative Agreement for the period July 1, 2014- June 30, 2015 on April 22, 2015 10 months after the contractual period began. And then in that same meeting approved (without information and discussion the opening proposals for 2015-16 Contract period without information and discussion.

At the April 22, 2015 BOT Meeting

Agenda Item #4 - Motion to Approve the Tentative Agreement with CUEA for period July 1, 2014 - June 30, 2015.

Agenda Item #6 - Motion to Accept CUEA Contract Re-opener Proposal to CUSD for 2015-16

Agenda Item #7 - Motion to Accept CUSD Contract Re-opener Proposal to CUEA for 2015-16

04-22-15

THIS IS APPROVAL OF A CONTRACT 9 MONTHS AFTER THE FACT - NEVER PREVIOUSLY DISCLOSED TO THE PUBLIC

Approval of Tentative Agreement CUEA/CUSD for 2014-15

April 22, 2015 Board of Trustee Meeting Agenda Item #4

Board Audio at 214:34 

PRESENTATION BY JODI BRENTLINGER

214:34 3 legged stool - Road to Recovery - Widely Important Goals - Tentative Agreement. Article 5.8 - Professional Collaborative. Article 8.5- Class Size goal.  This Agreement values our employees. Finally it acknowledges school of choice. AB 1200 Letter from County office of Education Certifying this agreement. 

PUBLIC COMMENTS

2:17:32 Jennifer Miramantes - I just received information about this this afternoon. Class Sizes are way to big and this agreement will increase them again. The Public has not had time to review this proposal. Maximum class sizes are far above the staffing ratios. 

at 2:20:34 Trustee Hatton-Hodson asked Ms. Brentlinger to comment on class sizes. 8.5 is the maximum. 

2:21:13 Dawn Urbanek - Breached Public Disclsoure Laws. Your June Budget already included these compensation increases which will be paid for by increased class sizes, deferred maintenance and cuts to programs. The Public has had no opportunity to express their opinion about these proposals which have been negotiated behind closed doors. 

TRUSTEE COMMENTS:

2:22:46 Is there a Motion?

2:23:35 Question-

2:22:57 Trustee Hatton- Hodson - we're going to do the motion first

2:23:00 Trustee Reardon Motion to Approve.

Please explain Class Loads and statutory limits.

at 2:23:40 Jodi Brentlinger, CUSD Staff

Statutory Limits cover K-3 and Grades 4-8. Limits are caps at K-3 and averages at 4-8. We comply with these statutory limits. 

at 2:24:47 Motion Passes 7-0 to Approve the receipt of the of the Capistrano Unified Education Association Contract Proposal, 2015 -16 School Year.

 4-22-15

These Items are so vague, that the Public would have no ability to determine what the intent of CUEA's proposal was as to each of these general topics.

 

Initial Proposal of CUEA for 2015-16 DISCUSSION/ACTION

April 22, 2015 Board of Trustee Meeting Agenda Item #6

Board Audio at 2:42:50 

PRESENTATION BY JODI BRENTLINGER

2:42:50 Ask that you accept CUEA's Initial Proposal

2:43:24 Motion by Trustee Alpay Second by Trustee McNicholas

Motion passes 7-0 without Discussion

4-22-15 

These Items are so vague, that the Public would have no ability to determine what the intent of CUEA's proposal was as to each of these general topics.

CUSD INITIAL PROPOSAL TO CUEA 2015-16 DISCUSSION/ACTION

April 22, 2015 Board of Trustee Meeting Agenda Item #7

Board Audio at 2:43:35

 

PRESENTATION BY JODI BRENTLINGER

at 2:43:35 Here is the opening proposal of CUSD to CUEA we ask that that Board approve this.

BLUE CARD

at 2:43:57 Dawn Urbanek - Public Disclosure is being violated. Ladera 65 kids in a class - CUSD is facing Penalties for excessively large class sizes yet every year you increase compensation (6% this year) and you use class sizes to pay for it. The Public has had no time to speak and have you listen and digest their comments.

at 2:45:13 Trustee Alpay - I do not see anything in this document speaking about Class size do you?

THIS IS A DISINGENUOUS COMMENT BY TRUSTEE ALPAY BECAUSE THE OPENING PROPOSAL FROM CUEA HAS CLASS SIZES ON IT- SO CLASS SIZE IS ON THE TABLE. 

at 2:45:14 - Jodi Brentlinger - No it's not.

Moved by Trustee Alpay. Second by Trustee Jones.

at 2:45:30 Trustee Reardon. We are doing this far earlier than ever before which gives us an opportunity to do something without rushing. This is a first to see this process start before the fiscal year.

Motion Passes 7-0 

 

CONTRACT NEGOTIATIONS FOR 2015-16 CAN OFFICIALLY BEGIN AS OF APRIL 22, 2015

Once Initial Proposals have Been Disclosed to the Public and Approved by the Board Collective Bargaining can Officially Begin.

05-26-15

to

06-02-15

CUEA to It's Members re: 2015-16

Bargaining Survey to Members

The CUEA Executive Board voted at their April 28 meeting to affirm the proposal sent to CUSD for 2015-16, in which we requested bargaining on the following portions of the contract:  Article 5, Hours of Employment; Article 8, Class Size; Article 13, Health and Welfare Benefits; Article 14, Wages; and Article 16, Grievance Procedure.  The District has issued their proposal which covers the following: Article 1, Length of Agreement; Article 7, Evaluation Procedure; Article 10, Leaves; and Article 17, Peer Assistance and Review. 

The Executive Board also approved appointments to the Bargaining team for 2015-16.  Team members are Joy Schnapper (Arroyo Vista ES) , Brian Todd, CTA Executive Director;, Greg Young (SCHS), John Kearsley (CVHS), Carter Johnson (LRMS), and Angela Rinke (Castille ES). 

We will be conducting a member survey requesting input to the bargaining team sometime in May.  Be watching for the link in an upcoming CUEA Update. 

06-9-15

CUEA to It's Members re: 2015-16

Survey results showed salary as the number one item of importance as voted on by members.

09-16-15

NEGOTIATION DATE 1

CUEA to It's Members re: 2015-16

Opening negotiations session between CUSD and CUEA

Source: http://www.cuea.org/a_Version_03/negotiations/1516_negotiations.php

09-30-15

NEGOTIATION DATE 2

CUEA to It's Members re: 2015-16

The CUEA Bargaining Team held its 3rd bargaining session with the District on Wednesday, September 30.  CUEA provided the District with a comprehensive proposal covering Articles 5 (Hours of Employment) ,8 (Class Size),13 (Health & Welfare) ,14 (Wages) & 16 (Grievance Procedures).

Source: http://www.cuea.org/a_Version_03/negotiations/1516_negotiations.php

10/21/15

NEGOTIATION DATE 3 - CANCELLED

CUEA to It's Members re: 2015-16

A comprehensive proposal was given to the District team at the meeting on Sep. 30. The meeting on Oct. 21 was cancelled due to changes in leadership in the district's negotiations team. The CUEA Bargaining Support team will begin meeting to assist negotiations progress.

Source: http://www.cuea.org/a_Version_03/negotiations/1516_negotiations.php

11/09/15

NEGOTIATION DATE 4 - POSTPONED to 11/13/15

Source: http://www.cuea.org/a_Version_03/negotiations/1516_negotiations.php

11/13/15

NEGOTIATION DATE 4 

CUEA to It's Members re: 2015-16

We are committed to keeping you informed of the progress of the bargaining process between CUSD and CUEA. We have met three times since last June and have three more meetings scheduled for November 13, December 3 and December 15.

We will be sending our first issue of Bargaining Support, to members via Building Reps at the November 17 Rep Council Meeting

Source: http://www.cuea.org/a_Version_03/negotiations/1516_negotiations.php

11/17/15

12-03-15

NEGOTIATION DATE 5

CUEA to It's Members re: 2015-16

The CUEA bargaining team met with the district bargaining team on Thursday, December 3rd. The district presented their counter to our comprehensive proposal initially presented on September 30. The CUEA bargaining team reviewed the proposal, heard an in-depth analysis of the financial status by the district Chief Financial Officer Clark Hampton, and provided CUSD with a counter proposal. The next bargaining session is scheduled for Tuesday, December 15. It is CUEA’s expectation that CUSD will be coming in with a counter-offer at that meeting.

Source: http://www.cuea.org/a_Version_03/negotiations/1516_negotiations.php

12-15-15

NEGOTIATION DATE 6

CUEA to It's Members re: 2015-16

The CUEA bargaining team met with the district bargaining team on Tuesday, December 15th. The CUEA team spent the entire day in negotiations with the District team, with no settlement. Two more meetings dates have been set for January 13 and January 22. Your Bargaining Team members are convinced there is an ability to pay, but there needs to be a willingness.

Source: http://www.cuea.org/a_Version_03/negotiations/1516_negotiations.php

01/12/16

01-13-16

NEGOTIATION DATE 7

CUEA to It's Members re: 2015-16

The CUSD and CUEA Bargaining Teams met on Wednesday, January 13.  After a long day of going back and forth, little progress was made. The District is now preparing to bring back a response to CUEA’s latest proposal when they meet again on Friday, January 22. More specific details should be forthcoming after that meeting.  Now that Governor Brown has proposed his budget for 2016-17, we are hoping to move forward quickly.

Source: http://www.cuea.org/a_Version_03/negotiations/1516_negotiations.php

01-22-16

NEGOTIATION DATE 8

CUEA to It's Members re: 2015-16

Bargaining Support Bulletins
Download January 12 edition

Download November 17 edition

The CUEA and CUSD contract negotiations teams held their tenth meeting last Friday, January 22, but are not yet close to a tentative agreement. We believe that CUSD has sufficient funds to meet our current proposal and still maintain adequate funding for its other needs as well as its reserve. The issue appears to be CUSD’s ability to pay versus their willingness to pay.

Source: http://www.cuea.org/a_Version_03/negotiations/1516_negotiations.php

02-22-16 Tentative Agreement executed March 22, 2016 WITHOUT PUBLIC IN-PUT OR BOARD APPROVAL

02-24-16

PUBLIC DISCLOSURE OF MOU RE: KINOSHITA TK & K CUEA/CUSD MOU re: Article 5.3 Hours of Employment - Transitional Kindergarten Kinoshita

This Violates Public Disclosure Laws - The Public Hearing and Vote were simultaneous. And the Item to be voted on was on the Consent Calendar.

Board Meeting Agenda http://capousd.ca.schoolloop.com/file/1218998819331/1455438848279/5109439119169062751.pdf

Board Audio at 145:23 http://cusd.capousd.org/cusdweb/audio2015-16/2-24-2016.mp3

PUBLIC HEARING Agenda Item #2 Information/Discussion 

PUBLIC DISCLOSURE OF MOU RE: KINOSHITA TK & K CUEA/CUSD MOU re: Article 5.3 Hours of Employment - Transitional Kindergarten Kinoshita

PRESENTATION SUSAN HOLIDAY:

145:23 TK Program is out of line with EdCode so Staff is seeking a waiver. Ed Code requires TK to be the same length as K. Kinoshita Kindergarten is a full day while TK is a half day. The PUBLIC HEARING is a requirement of the waiver process.

PUBLIC COMMENTS

146:45 There are no Public Comments

TRUSTEE COMMENTS

146:50 Trustee McNicholas

Are there plans to make the TK a full day?

146:56 Susan Holiday - No 

PUBLIC HEARING CLOSED AT 9:31pm

VOTE TO APPROVE - Was done as a Consent Item at the same meeting as the Public

This matter will be voted on in the Consent Calendar as Agenda Item #24.

This Item was not Pulled and was passed on the Consent Calendar 7-0

03-21-16

CUEA to It's Members re: 2015-16

As you are aware, a tentative agreement has been reached between CUSD and CUEA.
Information will be posted on the cuea.org website for members to download themselves.
Any questions you may have regarding the tentative agreement will be addressed at an
information meeting on March 28 at the CUEA Office.

Contract Ratification Timeline:

Wednesday, March 23 --
CUEA Reps receive election materials.

Tuesday & Wednesday, March 29 & 30 -- Ratification election/voting at school sites.

Thursday, March 31 --
Ballots & sign-in sheets due to CUEA.

Friday, April 1 --

Email notification sent out regarding ratification results.

 "Family Field Trips" Action Page

New negotiations dates are currently being worked out

Please note that the time between sessions is necessary for 1) both parties to obtain relevant information for the table, and 2) also somewhat a function of the work schedules of the individuals on the two different teams.

03-22-16 

NEGOTIATION DATE 9

CUEA to It's Members re: 2015-16

Ratified Agreement
Download Tentative Agreement Language
Download Tentative Agreement Points
Download Ratification Timeline

The results of the ratification vote are in, and the members overwhelmingly supported the Tentative Agreement between CUSD and CUEA for the July 1, 2015-June 30, 2017 by a vote of 1,555 to 39 (97.4% of ballots cast). This agreement will go to the Board of Trustees for approval at their April 13 meeting. After approval, the May paycheck will include the salary increase (retro to July 1, 2015) and the bonus, along with reimbursement for the District’s increased portion of your health benefit (retro to January, 2016). The 4% bonus will be figured on your current salary (before the raise is added). The Tentative Agreement in its entirety is available for viewing online at here.

 While the agreement covers both 2015-16 and 2016-17, we nevertheless will be bargaining for wages, health and welfare, and two other articles for the 2016-17 year.

CUEA wants to thank our Bargaining Team for the many hours of hard work. Each of these team members spent 13 days out of their classrooms (involving sub plans), spent 13 late afternoons and evenings meeting as a team preparing for sessions, and gave up a week of their summer to be trained by CTA in negotiations and school finance. Thank you to these members: Bargaining Chairperson, Joy Schnapper (Arroyo Vista); Brian Todd, CTA Executive Director; Dawn Johnson (BAMS); Carter Johnson (LRMS); John Kearsley (CVHS); Greg Young (SCHS) and Angela Rinke (Special Ed TOSA, Secondary).

Also, CUEA appreciates the great efforts of our Building Representatives who kept members informed and conducted the ratification vote at the sites. And a special thanks to our Bargaining Support Team who worked to get so many of our members at School Board Meetings for our Family Field TripsVicki Soderberg, Bargaining Support Chair; Wendy Billman (ANHS Family); Susie Moothart (CVHS Family); Mary Anne Fenstermaker (DHHS Family); Sylvia Evans (SCHS Family); Robin Palmer (SJHHS & Serra HS Family); Justine Lawson (THS Family) and Tracy Imsland (Specialists). As always, it’s a group effort.

03-23-16

Letter from OCDE Re 2015-16 Contract: Disclosure of Collective Bargaining Unit - Capistrano Unified Education Association (CUEA)

4% increase in Salary Schedule effective July 1, 2015 

4% One-time off Schedule increase to be paid in 2015-16

Increase in Health and Welfare Benefit Increases

The Increased cost to CUSD is $18.6 million in the 2015-16 school Year and $10 million on-going

 

03-23-16

On March 23, 2016 CUEA notified its members about the Tentative Agreement that was executed March 22, 2016

CUEA 2015-16 Ratification of 2015-17 Contract with CUSD

03-23-16

PRESS RELEASE

On March 23, 2017 CUSD announces it has reached a Tentative Agreement with CUEA for 2015-17

Dear Capistrano Unified School District Families and Community Members:

Yesterday, the Capistrano Unified School District (CUSD) reached a tentative agreement with the Capistrano Unified Educators Association (CUEA) that will provide our students and employees stability over the next two to three years as California faces economic uncertainty. 

When the economic recovery planning began in 2013, the Capistrano Unified School District created a plan to reinvest in our classrooms, campuses and facilities. Currently, we are replenishing reserves to provide safeguards against future downturns. We are rebuilding our deferred maintenance reserve, which was exhausted during the downturn, adding much needed Elementary and High School Assistant Principals, and have hired and placed 30 new counselors in our schools to support student social-emotional health. Additional maintenance staff has been hired, including locker room supervisors and cleaning staff, and a comprehensive work-order system to build efficiency in district operations has been put into place. We have increased safety in our transportation services by purchasing new school buses and adding GPS to our bus fleet. We have invested heavily into our technology plan and Chromebooks for students, and we are working to implement a district-wide business system that will further increase efficiency in our work-flows by moving us from paper to an electronic process. 

We are also investing more than $90 million dollars into our facilities around the District for upgrades, refurbishments and expansion. This work, which our teachers are strongly committed to, is critical to our mission to prepare our students to meet the challenges of a rapidly changing world. We are also investing in the recruitment and retention of the teachers and faculty who are in our school classrooms and on our campuses each and every day.

Under this agreement with CUEA, our students and families will benefit from greater accountability through teacher evaluations tied to student performance and progress, greater transparency and communication with parents in the education of their children and greater support to ensure students have an implementable plan for college or career after High School graduation.

Under this new agreement, and through great collaborative work of the District and CUEA Teacher Evaluation Joint Task Force, teacher evaluation and performance will be directly tied to student performance and progress through clear assessments that will include performance goals, pre- and post-observation of classrooms and teachers, and a formal evaluation process that will also include a self-assessment. Teachers will demonstrate increased performance and progress of students and connect student performance and progress to evidence that was determined prior to instruction.

Additionally, under this new agreement, teachers will utilize our Learning Management System (currently School Loop) to communicate with students, parents or guardians regarding grades, academic matters and other educationally relevant issues. This universal adoption of our Learning Management System will create consistency of engagement and increase communication and transparency across the district for every student, family and guardian of the District.

Finally, the District will have the opportunity to add College and Career Counselors with differentiated hours to support students after the regular school day has ended – as late as 9 p.m. The addition of this position supports one of our highest priorities: to ensure that every student has an implementable plan for college, military and professional careers when they graduate.

The College and Career Counselors will maintain and operate a High School College & Career Center, providing counseling on a wide variety of college and career information and materials. Counselors will work with students, faculty, parents and community representatives concerning career planning and college entrance. Counselors will provide guidance concerning scholastic aptitude and achievement tests as well as counseling and support concerning specialized scholarships and assistance completing application forms. Counselors will plan, organize, develop and implement career events and schedule and arrange guest speakers from local businesses, community colleges, universities and armed forces to provide choices and opportunities to high school students and families. Work hours of these counselors will be non-traditional workday/evening hours at a satellite location to ensure access and availability to students.

The tentative agreement increases salary schedules by four percent effective July 1, 2015 through June 30, 2017. The tentative agreement also provides a four percent off schedule (one-time) payment to be paid during the 2015-16 school year. In total, this agreement is for the 2015-2016 and 2016-2017 school years.

A final but significant objective of this new contract was to put CUSD in the position to recruit and retain teachers in light of the eminent teacher shortage we are facing in California.

Sincerely,
 

Kirsten M. Vital, Superintendent                  

 

Sally White, President of CUEA

Translation:

"... will provide our students and employees stability over the next two to three years as California faces economic uncertainty."

When revenues are going to increase CUSD & CUEA will negotiates 1 year contracts. When revenues are expected to decline CUSD & CUEA will execute longer contracts to ensure maximum compensation increases during economic downturns.

"When the economic recovery planning began in 2013, the Capistrano Unified School District created a plan to reinvest in our classrooms, campuses and facilities. Currently, we are replenishing reserves to provide safeguards against future downturns. We are rebuilding our deferred maintenance reserve, which was exhausted during the downturn, adding much needed Elementary and High School Assistant Principals, and have hired and placed 30 new counselors in our schools to support student social-emotional health. Additional maintenance staff has been hired, including locker room supervisors and cleaning staff, and a comprehensive work-order system to build efficiency in district operations has been put into place. We have increased safety in our transportation services by purchasing new school buses and adding GPS to our bus fleet. We have invested heavily into our technology plan and Chromebooks for students, and we are working to implement a district-wide business system that will further increase efficiency in our work-flows by moving us from paper to an electronic process."

INSERT MAP ROAD TO RECOVERY

They hired more staff - but not staff that reduced class sizes to reasonable levels. They did not restore core educational programs like Art, Music or Science, they did not fix or maintain facilities. They instead chose to take $120 million in across the Board employee compensation increases so that staff could retire at maximum salary, pensions and benefits. Parents are still expected to fundraise for Art, Music and Science or their children do not receive instruction in these core educational programs that aligns with minimum state content standards and curriculum frameworks and are taught by a credentialed teacher as is required by law to ensure equity within the District.

"We are also investing more than $90 million dollars into our facilities around the District for upgrades, refurbishments and expansion. This work, which our teachers are strongly committed to, is critical to our mission to prepare our students to meet the challenges of a rapidly changing world. We are also investing in the recruitment and retention of the teachers and faculty who are in our school classrooms and on our campuses each and every day."

Since we were unable to pass Measure M, an $889 million dollar school facilities bond, we have finally decided to take some money $90 million and fix only some of those items that are the most threatening to the health and safety of our staff and students- like $10 million to fix leaky roofs and failing HVAC systems. $45 million to build 3 modular classroom buildings to replace 14 year old used portables at Tesoro and San Clemente High and add some limited capacity at SJH High.

"Under this agreement with CUEA, our students and families will benefit from greater accountability through teacher evaluations tied to student performance and progress, greater transparency and communication with parents in the education of their children and greater support to ensure students have an implementable plan for college or career after High School graduation.

Under this new agreement, and through great collaborative work of the District and CUEA Teacher Evaluation Joint Task Force, teacher evaluation and performance will be directly tied to student performance and progress through clear assessments that will include performance goals, pre- and post-observation of classrooms and teachers, and a formal evaluation process that will also include a self-assessment. Teachers will demonstrate increased performance and progress of students and connect student performance and progress to evidence that was determined prior to instruction.

Additionally, under this new agreement, teachers will utilize our Learning Management System (currently School Loop) to communicate with students, parents or guardians regarding grades, academic matters and other educationally relevant issues. This universal adoption of our Learning Management System will create consistency of engagement and increase communication and transparency across the district for every student, family and guardian of the District."

Communication through School Loop? That has been around forever and is another item that the PTA fundraises for.

"Finally, the District will have the opportunity to add College and Career Counselors with differentiated hours to support students after the regular school day has ended – as late as 9 p.m. The addition of this position supports one of our highest priorities: to ensure that every student has an implementable plan for college, military and professional careers when they graduate.

The College and Career Counselors will maintain and operate a High School College & Career Center, providing counseling on a wide variety of college and career information and materials. Counselors will work with students, faculty, parents and community representatives concerning career planning and college entrance. Counselors will provide guidance concerning scholastic aptitude and achievement tests as well as counseling and support concerning specialized scholarships and assistance completing application forms. Counselors will plan, organize, develop and implement career events and schedule and arrange guest speakers from local businesses, community colleges, universities and armed forces to provide choices and opportunities to high school students and families. Work hours of these counselors will be non-traditional workday/evening hours at a satellite location to ensure access and availability to students."

CUSD did not spend money to hire classroom teachers to reduce class sizes. Instead they hire Counselors to work at remote locations like the Mission Viejo Mall after school hours.

"The tentative agreement increases salary schedules by four percent effective July 1, 2015 through June 30, 2017."

4% Raise

The tentative agreement also provides a four percent off schedule (one-time) payment to be paid during the 2015-16 school year.

4% One Time Bonus for 2015-16

"In total, this agreement is for the 2015-2016 and 2016-2017 school years."

CUEA will get a 4% Raise and 4% Bonus for 2015-16 and 2016-17 - that is an 8% raise and 8% one-time bonus over 2 years.

"A final but significant objective of this new contract was to put CUSD in the position to recruit and retain teachers in light of the eminent teacher shortage we are facing in California."

CUSD is now planning to develop properties which it controls to add low-income housing for teachers and the State is planning to give teachers a 10 year period where they will be exempt from paying state income taxes. This is all designed to help the young teachers that will replace the retiring work force. CUSD has 200 teachers that are available for early retirement at Maximum salary, pensions and benefits.

There is nothing in this Agreement that was entered into behind closed doors that put what is in the educational interests of students as CUSD's first priority.

CUSD FAILED TO DO A NOTICE OF PUBLIC HEARING re: INFORMATION/DISCUSSION of the Tentative Agreement prior to the Vote to approve the Agreement on April 13, 2016

The Board Audio for this meeting is not available. When you click the link, the Audio plays a different meeting.

04-13-16

The 2015-16 Agreement became a 2015-17 (2 year agreement) without any opportunity for public in-put.

$18.6 million increase.

$10 million on-going + $8.6 million one-time bonus + health and welfare benefit increases.

April 13, 2016 BOT Meeting page 274: Recommendation of Tentative Agreement with Capistrano Unified Education Association (CUEA) for July 1, 2015 - June 30, 2017 DISCUSSION/ACTION

Tentative Agreement March 22, 2016

 

05/31/17 

CUEA to It's Members re: 2016-17

Team Planning Session
The current agreement covers both 2015-16 and 2016-17, we nevertheless will be bargaining for wages, health and welfare, and two other articles for the 2016-17 year.

CUEA has already locked in a 4% raise + 4% one-time bonus for 2016-17 yet they still want to bargain for more for 2016-17

06-08-16 

CUSD/CUEA are now negotiating for a continuation of the 4% raise + 4% one time bonus + health and welfare benefit increases (making this a 3 year contract)

plus the following new MOU's

This is the only MOU that was disclosed to the Public in an open meeting.

Pilot MOU Kinoshita TK & K hours of employment. Period 2015-16 and 2016-17 executed 2-18-16 + Side Letter Pilot Program 2016-17 executed 7-25-17.

These MOU's have never been presented in a meeting of the Board for Public Discussion. 

ACE Day/Open House Adjustment for 2016-17 executed 7-25-16

ACE Day/Back to School Night Adjustment for 2016-17 and 2018-19 executed 7-25-16 

Priority enrollment of employees over all others including Mello Roos School of Choice 2016-17 and 2017-18 executed 7-25-16

Middle School Duties July 1, 2016 - June 30, 2018 executed 7-25-16

Pilot 50 students in a PE Class 2016-17 executed 7-25-16 re-negotiate 2017-18

Relieve Teachers from elementary school duties 2016-17 executed 7-25-17

Teacher Evaluations effective July 1, 2016 executed 7-25-17

Financial Compensation for Professional Development for 2016-17 executed 6-1-16

Financial Compensation Special Education for 2016-17 executed 7-25-16

The only MOU made Public was the one regarding hours of employment Kinoshita Elementary School TK & K hours of employment

 

 

 

This letter is dated April 28, 2016 but was never disclosed to the Public until June 8, 2016 to be voted on.

June 8, 2016 BOT Meeting page 274: Recommendation of Tentative Agreement with Capistrano Unified Education Association (CUEA) for 2016-17 Negotiations DISCUSSION/ACTION

07-25-16 

The 2016-17 Fiscal Year started July 1, 2016. All Contracts are suppose to be completed prior to the Fiscal Year Budget being approved. This is 25 days late and no impasse was filed.

The Parties executed the Contract for the Period July 1, 2015 to June 30, 2017 on July 25, 2016

Link to contract: http://www.cuea.org/a_Version_03/contract/2015-17_Contract.pdf

 

10-13-16

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 1

The CUEA bargaining team met with the district on Thursday, October 13. CUEA opened;

Article 5 (Hours of Employment),

Article 8 (Class Size). 

The district opened;

Article 9 (Transfer & Reassignment of Personnel),
Article 10 (Leaves). 
Article 13 (Health & Welfare).

Opened by mutual agreement;

Article14 (Wages).

Bargaining session number 3 will take place on Wednesday, November 9.

11-09-16 

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 2

Bargaining Session held - no movement.

11-17-16

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 3

Bargaining Session held - no movement.

12-12-16

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 4

The 5th negotiation session between CUEA and the district was held on Monday, December 12.

Articles open for negotiation include;
Articles 5 (Hours of Employment),
8 (Class Size),
9 (Transfers),
10 (Leaves),
13 (Health & Welfare Benefits) &
14 (Wages). 

No significant movement to report yet. Members of both negotiations teams did attend a statewide training on January 18th, with regard to the State's January budget report and it's effect on school districts.

 01-20-16

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 5

CUEA and CUSD met on Monday, January 30, for the sixth time this year.  

Article 13 (Health and Welfare) and Article 14 (Wages):  
CUEA received an economic outlook from CUSD’s perspective.  This was based on a conference jointly attended by CUEA and CUSD in which the California budget for next year was presented conservatively. Now that the governor’s proposed budget is clearer, CUEA is moving forward with a total compensation proposal for our members. In an effort to expedite this, we’ve added two additional bargaining sessions in February and March. Our priorities are to have competitive salary and health benefits for our members.

Article 10 (Leaves):
We were able to make positive progress to align with new California legislation.  This legislation expands the eligibility for leaves for child bonding purposes

Article 5 (Hours of Employment):
CUEA’s initial proposal was intended to clean up language and provide parity amongst the various job titles (Teachers, Counselors, Nurses, Psychologists, and Speech Pathologists) and resolve ongoing special education issues.  The district offered a counterproposal that does not reflect the priorities of our membership.

 03-03-17

Article 10 Leaves CUEA members will now get pregnancy disability leave, child bonding leave and family care leave- a GIFT from the CA Legislature

The Parties Agree that Article 9 (Transfers) will remain the same.

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 6

CUEA and CUSD met on Friday, March 3, for the eighth time this year.

CUEA and CUSD were able to reach a tentative agreement on Article 10 (Leaves). This article now reflects current legislation on pregnancy disability leave, child bonding leave, and family care leave.  CUEA and CUSD both feel that the changes made to Article 10 are positives for our members.

CUSD provided information based on the State Second Interim Budget Report given in January which outlines education funding information for the fiscal year. There was much discussion as to its effect on the ongoing financial status of the District. Please see your printed Bargaining Bytes for more detailed information on this topic.

On March 13, CUSD has promised a comprehensive package including the following:

Article 5 (hours of employment)

Article 8 (class size)

Article 13 (health and welfare)

Article 14 (salary)

CUSD withdrew Article 9 (transfers) and CUEA agreed that this was acceptable; therefore, the language within this article will stay status quo.

03-13-17

CUSD proposes a 0% increase to existing salary schedule.

CUEA already has 4% salary schedule increase in their previous agreement for 2016-17 they are looking for a new 4% for a total of 8% for 2016-17.

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 7

Your bargaining team has been asking CUSD for an economic proposal since November. After much stalling, and with no explanation by their team, CUEA finally received a comprehensive proposal from the district that the bargaining team found to be an insult to the work done by the educators of this district.

For Article 14, the district proposed a 0% increase to the existing salary schedule, even though surrounding districts with similar comparable LCFF funding, received raises.

Show of strength at the March 22 Board Meeting. Get all the details by downloading the CUEA Bargaining Update for March 13.

03-20-17

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 8

March 20 (Emergency Bargaining Meeting)

Thank you to those of you who were able to attend the board meeting on March 22. It was an amazing show of strength! We appreciate the support and feel it will help us in getting the board to move off their 0% proposal and onto a comprehensive package that is more fair and reasonable.

During our emergency bargaining session on Monday, March 20, your CUEA team walked the
district through an economic presentation hoping to open up discussions about financial
possibilities. The CUSD team feels they will need extra time to analyze the budget numbers and has requested to postpone our March 29 session and reschedule on April 13.

The CUEA team has been ready to move on financial issues since January! We are upset and disappointed by the district's stalling and failure to bargain in good faith. However, CUEA feels meeting before the district has yet another opportunity to construct a worthwhile proposal would be unproductive. Therefore, we will wait to meet with the district on April 13.

We feel that the showing at the board meeting last week, the upcoming board meeting on April 12, and your continued emails to board trustees will give us the leverage we need in getting the district to propose a legitimate settlement. CUEA is committed to working towards that end.

On April 13, we expect:

  • A fair financial proposal
  • Ongoing absorbtion of health and welfare increases
  • Article 8 language for special ed

Our next meeting are scheduled for April 13.

03-29-17

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 9 - Postponed to April 13, 2017

04-12-17

SPECIAL BOARD MEETING TO DISCUSS CONTRACT WITH CUEA at 5:00 pm

04-13-17

CUEA to It's Members re: 2016-17 NEGOTIATION DATE 10