Saturday, January 18, 2014

EPSTEIN AT RAVITCH BLOG CALLS FOR PANEL TO EXPOSE WHAT SCHOOLS WERE LIKE UNDER BLOOMBERG

Marc Epstein recently wrote another powerful piece for the Diane Ravitch blog.  He has called for a South African style post Apartheid commission to examine all of the awful ways the NYC school system's integrity was compromised during the previous twelve years of former Mayor Michael Bloomberg's control of the schools. Shedding light on what a total mess new Mayor Bill de Blasio is inheriting is something that Marc and I discussed on several occasions over the last few months. 
 
It must be emphasized that one of the scariest lines in Epstein's essay concerns the administration at his current school using the NYC Conflict of Interest Board to try to attack him. Readers might not agree with everything Epstein says but if teachers are going to have their careers jeopardized for expressing their views on the system in writing, then our democracy is truly in trouble.
 
The new city administration should call off the fishing expedition and allow Epstein, who had a spotless record as a teacher and dean for sixteen years at Jamaica, to continue teaching and writing without fear of reprisal.
 
If you missed Epstein's latest because it is quite difficult to keep up with the many postings on the amazing Diane Ravitch blog, below we have posted Marc's valuable contribution to the discussion on how we should move ahead to save public education in New York in its entirety.  
 
One more story that readers might find interesting. It was kind of funny to see the NY Post use our DA Report as the sole source for their page 2 story yesterday.  Nice to see we are read by their reporters. (A link on the online version would be appreciated.) I hope the Conflict of Interest people don't see a problem.
 
Bloomberg’s School Disaster
When Mayor-elect de Blasio announced Carmen Farina as his choice for schools chancellor and pointedly added that she was an educator, a metaphorical puff of white smoke appeared on the horizon for most of the city’s 75,000 schoolteachers.

That’s because after a succession of four chancellors over the past 13 years who had no professional education experience, it was if the Babylonian Captivity of the papacy had finally come to an end with Farina’s succession.

The hope is that Farina, with 40 years of experience that includes two decades in the classroom and another two decades holding administrative positions as principal, district superintendent, and deputy chancellor, has a fair idea of what has gone on in the school system over the past 12 years of mayoral control.

But there is also a fair amount of anxiety. The fear is that political forces outside of the school system reaching as far as the White House have a vested interest in seeing to it that unraveling public education continues unabated.

There’s even word from Valerie Strauss at the Washington Post that Secretary of Education Arne Duncan helped put the kibosh on one of the candidates on de Blasio’s short list for chancellor.

Within hours of the Farina appointment the editorialists began espousing their anti anti-Bloomberg position. Anyone who might seek to undo Bloomberg’s accomplishments is a regressive Neanderthal according to the Wall Street Journal, Daily News, and New York Post.

Should Farina maintain the status quo, the fate of public education in New York City will be sealed. What’s more, she will enjoy the accolades of the media, a media that has become heavily invested, both figuratively and literally, in the narrative put forth by Michael Bloomberg about business solutions and data driven decision-making.

That’s because Bloomberg, with his vast wealth intact, despite having spent more than $600 million dollars on his mayoralty, will continue to shape the narrative with commissioned dynastic histories and the use of his own news empire.

In addition, Rupert Murdoch and his Newscorp, which includes the Wall Street Journal and New York Post, are heavily invested in the “education revolution.” Murdoch boasts former chancellor Joel Klein as his vice-president in charge of education operations too.

So if this to be the party line, and Mayor de Blasio and Chancellor Farina want to begin undoing the damage of the past 12 years, they would do well to expose the train wreck that has become the New York City school system under Michael Bloomberg sooner rather than later.

For the past 12 years New Yorkers have been treated to a steady drumbeat over the airwaves and in print that posits that Mike Bloomberg was able to housebreak an unresponsive, unmanageable, sclerotic public school system and head it in the right direction.

He accomplished this by taking on the teachers union, introducing business-tested management techniques, creating a new kind of school principal purposefully chosen with little classroom experience, but trained in these business techniques, reconfiguring the school districts, closing failed schools and creating hundreds of new schools that offer a wide variety of school choices to parents who could shop schools to their heart’s content.

The numbers would determine all decision-making on the macro and micro level, because numbers don’t lie. Principals were given control over their budgets so they could run a school unencumbered for the first time.

And, every editorial page, intellectual journal, and radio wordsmith, bought Bloomberg’s spiel hook, line, and sinker. They’ve bought it despite irrefutable reports of poor student test performance, record numbers of students entering college unprepared, and an on-time graduation rate of 3% at New York’s community colleges. What’s more, they celebrate a budgeting system that gives the principals an incentive to hire younger, cheaper, inexperienced teachers, over more senior teachers that Bloomberg wants pushed out of the system.

The simple truth of the matter is that all of Bloomberg’s claims are counterintuitive. Numbers were manipulated in the service of his prejudices and ideology. The multiple reconfigurations of the state’s largest department actually destroyed institutional memory, and hence accountability.
State education laws regarding services are flouted with impunity. English language learners and more advanced ESL students are denied mandated instruction. The “litigate and be damned” attitude has defined the operatives at the Tweed Courthouse.

The only ones held culpable in Bloomberg’s education universe were the average teachers, and that was good enough for the pundits and Wall Street. But culpability should never be confused with accountability!

A young schoolgirl drowns on an improperly chaperoned field trip and the assistant principal who was supposed to go on the trip is let off the hook because he was busy with the school budget. Oh, there were no parental consent slips either.

Before Bloomberg, heads would have rolled possibly as high up as the chancellor, but for Joel Klein it was just another day at the beach.

A student becomes ill but is left unattended because there is no nurse in the building and the Dean’s office was instructed not to call 911 for fear that an emergency call would damage the school’s safety record being monitored in the new data driven accountability system.

It turns out the student suffered a stroke and was left permanently impaired. Her name disappeared from the enrollment list, and it was only because a lawsuit was brought against the city, and the illegal memo was leaked to the Daily News by someone in the school that the story saw the light of day.

An investigation was conducted. The chancellor promised a full report. But in Bloomberg’s universe, time heals all wounds. Nobody was held to account or lost their job. No report assigning responsibility was issued, and the city quietly settled the lawsuit.

Two weeks ago science experiment went terribly awry. All the facts aren’t in, but it appears all sorts of safety regulations were ignored.

But that’s to be expected when you have supervisors who haven’t been seasoned by years of experience or are petrified by honest reporting because they fear that bad news could lead to the demise of their school.

This has become a school system that simply can’t handle the truth. I’ve been writing about the schools for a decade, and for the first time my name has been sent to a conflicts of interest board about the content of my writing.

It’s not because I’ve become rich doing it, mind you. It’s because a thuggish ethos has became part of the DNA of the New York City schools and you speak your mind at your peril. Learning, inquiry, and dissent are being systematically flensed from the classroom and the schoolhouse in much the same manner it was done in totalitarian societies.

The net result is that the school system that Mayor de Blasio inherited is not a “mixed bag” of good innovations and things that need tinkering with, but a $25 billion dollar a year city department that is in a death spiral.

Large bureaucracies fight their battles with the tools they are given. Time and again history demonstrates that a bureaucracy can be bent to the will of the political forces running them in ways that are inimical to its mission and its very existence.

During the Korean War it seems that the generals running the war had far less intelligence capabilities at their disposal than they had when they were fighting WW II.
So what did they do?

An expert in army intelligence during this period once told me, “they fought the war they had with the tools that they were given. That’s the nature of bureaucratic organizations.”
Which brings me back to the New York City school system. My belief is that the breakdown in accountability, the widespread dissemination of doctored statistics, and the predisposition to hold the classroom teacher responsible for everything that has gone wrong in the schools has deeply compromised institutional memory. And without institutional memory, a bureaucracy of this breadth is doomed.

As a consequence, nothing short of a South African post-apartheid style commission that examines the past decade of mayoral control will suffice.

This is imperative because a well-funded chorus of writers and journalists continue to churn out a hagiography of the Bloomberg era, and portray it as a Golden Age of public education when all the evidence indicates that there has been no progress at great expense to the children and taxpayers of New York.

It should be composed on one level of well known people whose impartiality is beyond reproach and include representatives of all segments of the teaching, clerical, and administrative pool.
If the past 12 years are simply papered over, and Bloomberg’s gutting of the school system is treated as a “work in progress” that wasn’t completed because three terms as mayor didn’t give him enough time, then Farina and de Blasio will ensure that a once great system now at its tipping point, plunges over the public policy cliff.

Thursday, January 16, 2014

DA REPORT: UNITY DECLINES TO RULE OUT A CUOMO ENDORSEMENT

Michael Bloomberg, the anti-public education mayor, has left office after twelve years where he almost destroyed our public schools.  An anti-public education, anti-worker governor of New York State, Andrew Cuomo, is up for reelection later this year.  On Wednesday at the UFT Delegate Assembly, I introduced a resolution for the UFT to outright reject any possible Cuomo endorsement or campaign contributions.  Although I received significant applause and votes, the Unity  dominated Delegate Assembly voted against  a blanket repudiation of Cuomo.  Here is the language of the motion:


Whereas, Governor Andrew Cuomo by supporting an unfair teacher evaluation system, an inferior Tier 6 pension and untested Common Core Standards has shown he is no friend to public education or workers; be it

Resolved, that the UFT not endorse Cuomo's reelection nor provide him with any COPE money.
 
The bulk of the votes against this motion came from the center of the room where the Unity officers and many of the retirees usually are seated.  The sides of the room where the rank and file is better represented seemed to show much more enthusiasm for our proposal.
 
The Unity people clearly were not in a very positive mood as they also voted down a motion to have a rally in support of Randi Weingarten at Times Square.  The AFT President has been the recipient of some vicious attacks by the so called Center on Union Facts.  One of the attacks is on a Times Square billboard.  Delegate Patrick Walsh proposed the rally during the new motion period and although it was voted down, UFT President Michael Mulgrew did say Patrick should meet with Secretary Leroy Barr after the meeting and work on something so Patrick did make his point and there will probably be some kind of action.
 
Patrick noted to me how the attack on Randi is an attack on all AFT members. For the record I voted for the rally as did many Delegates but not enough to get a 2/3 super majority needed to put it on the agenda.
 
President's Report
UFT President Michael Mulgrew opened by saying this is the first DA under a new mayoral administration which prompted applause. 
 
The President then called for a moment of silence for Joseph Shannon, a UFT activist who recently passed away.
 
The President noted a change in the relationship between the UFT and the people at the DOE.  Many of them have been apologizing to us for what they said they had to do during the Bloomberg years.
 
Albany
We are not under attack in Albany this year.  Governor Cuomo is calling for tax breaks for banks and others but on education he is calling for a 5% increase in state education funding.  The governor is also requesting a vote for $2 billion in bonds that will be used to fund technology in the schools and he wants all day Pre Kindergarten to be universally available statewide.
 
There is the right political climate for universal Pre-K to get passed in Albany.  The problem is how to fund it.  UFT stood with the unions from the NYC Central Labor Council behind Mayor Bill de Blasio to endorse de Blasio's proposal to tax NYC residents making over $500,000 a year to pay for Pre-K.  (That tax must be approved in Albany.) 72,000 young people are in grade 1 in NYC but only 30,000 slots are available for Pre-K.  Besides funding, there are space questions that need to be resolved.
 
The Governor made a proposal for $20,000 teacher bonuses.  If this turns into individual merit pay, the UFT will not support it but if it will fund the UFT's career ladder, then we are open to it. Since the mayor rejected individual merit pay, this is a good sign.
 
A state task force thinks charter schools should be able to have Pre-K but we don't want any more access for charter schools until they educate the same percentage of English Language Learners and Special Education pupils as the public schools do.  They are required by law to have the same percentage of these students as the public schools have. 
 
National Scene
The UFT is watching the Detroit bankruptcy situation closely.
 
AFT President Randi Weingarten is under attack from the "Center on Union Facts" which has a billboard in Times Square and radio ads out against our national president.  Randi has come out against Value Added Testing to judge teachers because it doesn't work.  Mulgrew prefers the growth model.
 
City Council
Mellissa Maark Viverito was elected as the new City Council Speaker.  She went with the UFT to Cincinnati years before she was looking for the speaker's position to learn about how community schools worked. We think she will be more favorable to us than the last Council Speaker.  There are now six UFT members on the City Council.  We hope to get a UFT person to chair the Education Committee.
 
Chancellor
Carmen Farina (sorry but could someone show me how to put a ~ over a letter) is the new Chancellor.  She has 22 years of teaching experience.  We asked for an educator to be Chancellor after thirteen years of non-educators running the system and we are happy to have her in the position to clean up the mess at Tweed.  DOE needs changes and requires a take charge person which Carmen is. 
 
Mulgrew acknowledged that she moved out 80% of the teachers in her school when she was the Principal but he defended that by saying she had a vision for the school and she helped people who were not happy with direction she was taking the school in to find other positions. 
 
Carmen was the best person on the list of people who were up for the job.  She will analyze the DOE to figure out changes that need to be made.  She didn't have to do this as she was happily retired. She is the right person at the right time.
 
For the new administration's first act concerning the schools, they made the right decision on the snow day.  Mayor de Blasio called Mulgrew (unlike Bloomberg) before closing schools.  We have 183 school days this year on the calendar; we need 180 so we can have two more snow days without having to get our shovels out to keep schools open or lose days off.
 
Lawsuits
Many lawsuits are out there including co-location cases.  Hopefully, we will sit down and have a civil conversation with the new administration about settling the cases.
 
Contract
We intend to make changes in the evaluation system through contract negotiations.  In order for them to be implemented in September, we need to have a contract ratified by the end of this school year in June.
 
Accountability
State and Federal school accountability measures are recognized by statute but city measures are not.  Bloomberg hired over 700 lawyers and accountability people.  These jobs can be eliminated and it would free up some money for our contract.  $460 million state aid increase this year is not going to the NYC schools but going to the central DOE.  The Principal evaluations are tied to the city accountability system so they will have to fix that in their contract.
 
Staff Director's Report
Staff Director Leroy Barr gave dates for various meetings and events including the next DA which will be on February 5.
 
Question Period
Question: Randi said she would give up Absent Teacher Reserves over her dead body and Mulgrew declared he would not let them be fired.  Is that still the position?
Mulgrew Answer: We are not selling out the ATRs.  We could have had a contract a couple of years back if we were willing to do that.  Bloomberg wanted to make us at will employees.  We didn't go through all of what we went through the last few years to give up on this issue now.
 
Question: Some teachers are not being observed at all.  Should we push administration to observe them?
Answer: If administration is not doing the observations, they are not interested in it and they might be waiting for the system to change.
 
Question: Teachers are getting one less observation if they do a literacy bundle.  Is that ok?
Answer: It violates the law but if you can work something like that out with the Principal, well some people like to do paperwork.  Teachers have to get over their fear of having administrators in their rooms.
 
Question: Governor Christie wants to extend the school year and school day and reduce pensions in NJ.  Will that be a problem
Answer: Christie is having a tough time lately.  When someone says they want to extend the day and year, ask them point blank why they want to do it?  If they just don't want to have their kids around, tell them we will take $2 an hour for 32 kids and we will all make $150,000 a year.
 
Question: What is the new administration's position on data collection?
Answer: That is a state issue.  It is dangerous to give student information to Joel Klein and Rupert Murdoch. InBloom (data collection company) said they would be careful.  There are problems in Albany. State Education Commissioner John King has been in the news lately.  UFT supports standards but is not happy with rollout of Common Core. UFT reps in NYSUT will soon be voting on a no confidence vote on John King.  Bloomberg is gone so we have to move onto other issues. 
 
Question: Retroactive pay in new contract?
Answer: President will not discuss the issue in public.
 
New Motions
See the top of the report..
 
Special Order of Business
There was a resolution calling for the Department of Education to have a Lab Specialist in every secondary school.  This passed unanimously I believe but only after there was some back and forth between Joan Heymont and the Chair as Joan was cut off when she was speaking and she answered back that there were many women who do not like the way Mulgrew treats them at DA's.
 
The next resolution was to support universal Pre-Kindergarten through increasing taxes on the wealthy in NYC.  This also passed unanimously I believe but not before someone offered an amendment saying the curriculum must be developmentally appropriate.  Another amendment to make Pre-K and Kindergarten mandatory was defeated.  (I voted against this amendment but for the other amendment and the resolution.)
 
Finally, there was a resolution for a campaign to win a good contract that asks us to receive texts and emails and to educate our members on the importance of receiving a good contract.  Mulgrew reverted to his old form by not calling on a speaker opposed (I am not sure if there were people who wanted to oppose this so I didn't object.  In retrospect, I probably should have called a point of order.) but someone called the question to end debate before anyone had a chance to amend the resolution to call for possible actions to achieve a contract.
 
After the meeting, I went back to Queens to attend the Community Board 8 meeting where a resolution passed unanimously to try to save Jamaica High School. I arrived home very late but I will put up more on this cause later.
 
 
 
 
 
 
 
 
 

Friday, January 10, 2014

MORE MAKES CASE FOR SALARY INCREASES FOR CITY EMPLOYEES

From MORE's budget specialist Harris Litzman, the case that there is funding available for salary increases for city employees.  This piece is taken from MORE website. What struck me is Wall Street made $23.9 billion in profits in fiscal year 2013 and Bloomberg's budget projected only $13.4 billion for 2014. Please read this piece very closely.

Harris Lirtzman, former deputy New York State comptroller from 2003 to 2007 and also a New York City special education teacher who was fired for blowing the whistle in 2011.
 
Few people attempt to explore the intricacies of the City’s budget and the operations of the Department of Education.  Fewer people return to tell the story. But any teacher in the City school system who wants to improve student achievement, push back against corporate education reform and be compensated fairly for the impossible working conditions in most City schools must look bravely at inscrutable rows and columns of numbers in the City’s $72.7 billion projected budget.  A lucky teacher can find someone to do the dirty deed for him or her.  I volunteer.
 
Last fall, soon-to-be ex-mayor Bloomberg issued his “Financial Plan, FY 2013-2017” as required by State law but also as a parting gift for the new mayor, hoping to lock him or her into a set of budget parameters for upcoming labor negotiations that would continue Bloomberg’s war on teachers.  But his plan may have backfired because when it’s closely reviewed, together with other budget reports issued last month by former City Comptroller John Liu and the City’s Independent Budget Office, it looks like there may be room for mayor-elect de Blasio to negotiate a contract with the UFT in good faith.
 
Surprised?

Despite Bloomberg’s repeated assertions of doom-and-gloom about the City’s financial situation after he leaves, his own plan indicates that there are likely to be more revenues over the next few years for labor contracts than Bloomberg would like to admit:
  • Wall Street profits were $23.9 billion in FY 2013 and are projected to be $13.4 billion in FY 2014 and stocks are at record levels.
  • New York City private sector employment has increased by 350,000 jobs since the bottom of the recession in 2009 and is projected to grow slowly through 2017.
  • Office vacancy rates are projected to have declined by 25% during the same period and “asking rents” are projected to increase by 37%.
  • The City’s Gross Domestic Product is projected to grow by 3% in 2014.
Are you still awake?

Why is this so important for the teacher’s contract negotiations next year?  All that increasing economic activity leads to higher tax payments, causing City revenues to increase over the period from 2014 to 2017.    Property tax revenues are projected to increase by 12%.  Corporate and personal income taxes and sale taxes are projected to increase by 14%.  Increasing revenues means lower deficits.  In fact, even the mayor projects a balanced budget for FYs 2014 and 2015 and relatively small deficits of $1.4 billion and $951 million in FY 2016 and 2017, respectively.   The City’s Independent Budget Office (IBO) is more optimistic than the mayor’s office.  IBO believes that City revenues are likely to be higher across the board: it projects that the City will end FY 2014 with a $581 million surplus compared to a balanced budget by the mayor and with a $1.9 billion and $294 million surplus in FY 2015 and FY 2016, respectively, compared to the deficits projected by the mayor.

As any good teacher (and Charlotte Danielson) knows, context is important.

First, how did Mayor Bloomberg accomplish this amazing feat?  He has been mayor for the last four years without bothering to negotiate a single labor contract since FY 2010 and hands to Bill de Blasio the unnegotiated UFT contract for the last TWO rounds of contracts (since FY2008). The City’s Four Year Financial Plan assumes that despite all the new revenues the City’s unions will agree even worse terms than five year contract that Andrew Cuomo negotiated with State workers last year: three 0% and two 2% annual raises and that the City will not pay any retroactive raises.

The City Comptroller estimates that if all unions, including the UFT, agree only to an annual increase of 1% for the contract from FY 2010 to FY 2014 (linked to inflation), the cost to the City—including retroactive payments—will be $3.8 billion and that if “pattern bargaining” holds for the FY 2008-FY 2010 UFT contract (two years of 4% raises that the other City unions received) a comprehensive labor settlement would cost approximately $8 billion.  Using another set of assumptions, the City’s IBO projects that a comprehensive labor settlement with an increase of 2% for the FY 2010 to FY 2014 contract and a pattern-bargaining contract for the UFT contract would cost only $6.3 billion.  Even with this wide range of estimates for labor costs to settle outstanding contract rounds, the City’s long-range budget situation should be able to absorb a comprehensive settlement without the much-ballyhooed “fiscal crisis.”

Second, even if these additional contract-related expenses had been included in the Four Year Financial Plan the “deficits” that would result are of a magnitude that the City has closed during many previous fiscal years. For example, the mayor’s Preliminary Budget for FY 2003 included projected budget gaps of over $4 billion a year for the following four years.  By the time the Adopted Budget was in place for July 1, 2003 the current year gap had been entirely closed and the forecasted gaps had been significantly reduced.  The Municipal Labor Council, however, will need to make an affirmative political case for a comprehensive settlement with retroactive raises.  It will need to make a persuasive case to the public that the City’s workers do important jobs that merit reasonable raises, that the City’s cost of living has increased over the period that workers have been without contracts and that the contacts can be funded by projected increases in City revenues and not by cutting other important City programs and services.

This is the important point for everyone to keep in mind during the next six months: the “financial crisis” that the good people who have been running the City for the last 20 years claim will occur in New York City if municipal unions receive reasonable raises for the “current” contracts and retroactive raises for past contracts is an entirely artificial one.   The City’s most recent Four Year Financial Plan has a “balanced” budget for the next two years and relatively small deficits for the last two years, without accounting for any raises for city workers, because Mayor Bloomberg wants it to look that way.  He wants to leave office with a “legacy” as a responsible financial manager but has left behind him a “bill” of billions of dollars for Mayor-elect de Blasio to “pay.”  Michael Bloomberg wants to wrap a tire around the next mayor’s neck that will force him to take political heat for “caving into the unions.”  He wants the people of New York City to believe that they are being asked to “choose” between fairly compensating “greedy” public employees or cutting services and raising taxes.  But the revenues are there.  The City has closed large budget gaps before and will again.  Keep in mind that the budget and the municipal labor negotiations are political processes—they are designed to be political processes because making budgets is necessarily about making choices to spend money in certain ways.

If you don’t get a raise next year or don’t get paid retroactively for the last two rounds of contracts it won’t be because of “the economics.”  It will be because of “the politics.”  And the politics connected with the next round of contract negotiations will be the fiercest in a generation.  Michael Bloomberg and the people who have run this City are still coming for us and we need to be ready for them.

Wednesday, January 08, 2014

SAME OLD-SAME OLD FROM CUOMO ON EDUCATION

Did anyone really conclude Governor Andrew Cuomo was going to change his outlook on education because of parent protests over the Common Core and the new teacher and principal evaluation systems?  While Assembly Speaker Shelly Silver is thinking about slowing down implementation of Common Core Learning Standards, old reliable Governor Cuomo today proposed merit pay for teachers rated highly effective in our new evaluation system in his State of the State program.

No reasonable person believes the new evaluation system has any validity but the governor says we should encourage so called highly effective teachers to move to "struggling" schools by throwing money at them.  Here is the merit pay proposal in its entirety:

Reward the Most Effective Teachers  
Highly effective educators are critical to the success of our students. As described above, New York has become a national leader in promoting teacher effectiveness. This year, the State will build on the universal implementation of the teacher evaluation system by recognizing and rewarding our most effective teachers. State law specifies that teacher evaluations “shall be a significant factor for employment decisions including but not limited to, promotion, retention, tenure determination, termination, and supplemental compensation…” In fact, some school districts, including New York City, Rochester and Syracuse, are already piloting teacher incentives. In 2014, Governor Cuomo is proposing the creation of a Teacher Excellence Fund to help more school districts give meaning to these provisions and encourage excellent teachers to continue in the classrooms where they are needed the most.


Highly effective teachers will be eligible for up to $20,000 in annual supplemental compensation through the Teacher Excellence Fund. Eligibility for the Fund will require agreement of both the school district and teachers’ union. Districts will be chosen to participate based on factors that include whether the incentives are designed to encourage highly effective teachers to work in struggling schools.

Can you see this one getting into the UFT contract?  I can already picture UFT President Michael Mulgrew saying this isn't merit pay. I hope I'm totally wrong and the Union opposes this program.

As for the governor, all I can say is that if citizens truly want politicians to change their policies, we must threaten their jobs.  Otherwise, it's same old-same old and we will continue down the road of education deform.

UPDATE:
Here is what the parents are saying:

FOR IMMEDIATE RELEASE:  January 8, 2014
 
More information contact:
Eric Mihelbergel (716) 553-1123; nys.allies@gmail.com
Lisa Rudley (917) 414-9190; nys.allies@gmail.com
NYS Allies for Public Education www.nysape.org
 
Governor Cuomo Continues to Avoid Addressing New Yorkers on Public Education
 
Parents, educators and community members are deeply disappointed by Governor Cuomo’s failure to address widespread concerns regarding the disastrous implementation of the Common Core Learning Standards, excessive high stakes testing and the collection and sharing of private student data. In recent weeks, Governor Cuomo has remained silent on these harmful reforms and today’s State of the State address confirms that the Governor has failed to fulfill his promise to “put students first.” NYS Allies for Public Education (NYSAPE) is dismayed that while he once called himself the “lobbyist for students,” Governor Cuomo has joined the ranks of those in power who have dismissed the voices of tens of thousands of informed parents working to protect their children, their schools and their communities.
 
One year ago, Governor Cuomo reminded us that, "the purpose of public education is to help children grow, not to grow the public education bureaucracy."  However, today the governor has confirmed his commitment to political ambition and corporate interests over the millions of students that he was elected to represent and protect. Lori Griffin, Copenhagen public school parent says, “When parents started to seek answers and ask for help, this Governor stayed in the shadows and ignored our pleas to examine the state of public education and the effects on New York’s children.”
 
Rather than delivering the honest leadership that NYS students and parents deserve, the Governor used his remarks to distract from what will go down in history as an abysmal track record on public education. "We don't appreciate his thinly veiled diversionary tactics by attempting to shift the attention to medical marijuana, instead of on these abusive and on erous reform initiatives. Cuomo needs to keep his promise that he is the students' lobbyist" stated Tim Farley, a parent and a principal of the Ichabod Crane School in Kinderhook, New York. Regarding Governor Cuomo’s refusal to address parent concerns, Eric Mihelbergel, a Buffalo public school parent and co-founder of NYSAPE says, “Governor Cuomo needs to either step up or step aside."
 
Leonie Haimson, Executive Director of Class Size Matters says, "Though the Governor has called himself the lobbyist for students, he has refused to take any position on the state sharing personal student data with inBloom and other vendors without parental consent. With 8 out of 9 states having pulled out of inBloom or put their data-sharing plans on hold, New York is now the worst state in the country when it comes to protecting children's privacy. Leaders of both parties in the Legislature have spoken out against inBloom, called for a moratorium and have bi-partisan legislation to protect parental rights and student data. It is deeply disappointing that in his speech today, the Governor again failed to show leadership on this critical issue.”
 
“It’s very telling that while Governor Cuomo not only supported and endorsed the State’s rushed adoption and implementation of these so-called reforms, he now seems to want to wash his hands of any responsibility for the botched initiatives. The fact is, it is well within the Governor’s power to slow down their implementation through legislative means” says Bianca Tanis, New Paltz public school parent and steering committee member of Re-Thinking Testing, Mid-Hudson Region.
 
New York State Allies for Public Education represents forty-five grassroots parent groups from every corner of the Empire State. The organizations are proud to stand with the parents, community members and fellow educators in NYSAPE to call for a change in direction and policy beginning with new leadership at the New York State Education Department.                                         
###
 
 

Thursday, January 02, 2014

MAYOR DE BLASIO PICKS LABOR COMMISSIONER

Buried among all of the hoopla of the inauguration, we learned the other day who will be Mayor Bill de Blasio's chief labor negotiator and it is none other than Robert Linn.  Linn was Mayor Koch's chief labor negotiator and then when he left city government, he went over to the union side and bargained for the Policeman's Benevolent Association. 

Anybody expecting radical change in the city's outlook toward municipal labor contracts may end up disappointed.  Here are the bios of de Blasio's labor heads as printed in Newsday:

Bob Linn, 65
Post: Director of Labor Relations
Responsibilities: Negotiate and resolve the city's 152 expired municipal contracts.
Resume highlights: Former chief labor negotiator under Mayor Ed Koch; former New York City personnel director, overseeing civil service, recruitment and benefits; president of Linn & Logan Consulting firm, representing Chicago, Philadelphia and other major cities in labor negotiations and arbitrations; former Patrolmen's Benevolent Association's chief negotiator
 
Stanley Brezenoff, 76
Post: Special adviser to First Deputy Mayor Anthony Shorris
Responsibilities: Assist Shorris in an unpaid capacity with labor relations.
Resume highlights: Former first deputy mayor under Ed Koch; former deputy mayor for operations; former president of the New York City health and hospitals corporation; former executive director of the Port Authority

Tuesday, December 31, 2013

NEW YEAR APPEAL TO INCOMING MAYOR AND CHANCELLOR: SAVE THE COMPREHENSIVE HIGH SCHOOLS

We have a new Chancellor now in Carmen Farina.  We wish her all the best as she takes over a school system where teachers have been thoroughly demoralized while parents have for the most part been marginalized.

We are doing a bit of praying that one of the new mayor and Chancellor's first acts upon taking office will be to give a reprieve to the academic, comprehensive high schools that are phasing out, including of course the legendary Jamaica High School.

My former colleague Marc Epstein wrote the case in favor of saving our doomed schools on Diane Ravitch's blog.  It is linked here and copied in its entirety below. 

Please help us out.

Will Mayor de Blasio Grant Clemency to Doomed Schools?

Marc Epstein taught at Jamaica High School in Queens, New York City, for many years. The school is under a death sentence, which means the end of many programs that served children with different needs. Here he makes a plea to Mayor de Blasio to save some of the doomed schools.
 
A De Blasio Clemency?
 
 This is the time of year that governors and the president issue pardons and clemencies.  They are issued to prisoners who have either been exemplary citizens during their incarceration or set free because extenuating circumstances indicate that their punishment didn’t fit the crime.
 
Mayors aren’t granted this kind of executive power, but this year Bill De Blasio does have the executive power to call a halt to the systematic elimination of several of New York’s comprehensive high schools that have had their fate sealed by Michael Bloomberg’s school closing policy.
 
Ostensibly, these school closings were to result in improved student performance in small schools that were placed within buildings occupied by the traditional high schools. It was an idea hatched by Bill Gates, an idea that he abandoned long ago.
 
In the waning days of his mayoralty, Bloomberg has embarked on a citywide tour, touting his legacy.  The papers have dutifully transmitted City Hall’s talking points, with hardly a demurral finding its way onto the printed page.
 
The Wall Street Journal’s 3,000 word “Bloomberg Reshaped The City” article credited the record high 60% high school graduation to Bloomberg’s stewardship of the schools and politely left out the inconvenient statistic that shows a record high number of New York’s high school graduates are unprepared for college and require remedial courses in math and English.
 
In an interview with Joel Klein, Bloomberg’s schools chancellor for over 10 years, that appeared in the Scholastic Administrator, Klein expressed his hope that the next schools chancellor will continue Bloomberg’s education legacy.
 
If only Mayor De Blasio will pick “someone who is committed to building on the progress of the last 11- plus years,” Klein’s tenure won’t have been in vain, at least according to Klein.
 
If that should be the case, we should prepare for record numbers of meaningless diplomas, more school closings, an unstable teacher work force, and a school system where academic apartheid defines education opportunity.
 
Record numbers of students now use mass transportation to get to the “school of their choice.” Why have 250,000 students using mass transit when many of them could walk to school instead, is a question that has gone unasked and unanswered by reporters and politicians for over a decade.
 
The community has been de-coupled from the neighborhood high school, because hardly a neighborhood high school exists anymore. The result is that parental participation suffers, after-school activities suffer, and the community suffers.
 
A record number of students attend boutique schools that screen their applicants.  I estimate that close to 10% of the seats available to high school students are now reserved for these students.  Most of these students used to help make up the population of the traditional high schools.
 
When Jamaica High School was handed its death warrant, the Department of Education, fearing a backlash from parents who simply didn’t buy the line that Jamaica was a failed school, cleverly carved a Gateway School out of the Gateway program that had existed in Jamaica for about 20 years.
And then, miracle of miracles, the new Gateway High School received an “A” on its report card!
 
Is there a serious argument that can be made for a public policy that is perpetually closing and reopening school houses because they are “failed”?
We’ve all heard of the Amityville Horror, but does that mean we should treat the schoolhouse as we would a haunted house?  But if closing and opening hundreds of schools is the new normal, we’d do better to hire Shinto priests to exorcise the evil spirits in these buildings rather than renaming and re-staffing them.
 
Our lowest performing students usually carry baggage that includes unstable home life, poor to no healthcare, limited language skills, and physical impoverishment. 
 
If instead of further destabilizing their school environment, Mayor Bloomberg had thrown his energy and resources into creating schools along the “Comer Model,” he might actually have had something to show to the public. 
 
The Comer school model developed by Dr. James P. Comer at the Yale Child Study Center has been around for close to fifty years and has a proven track record in addressing the problems of low achieving students in the inner city. But the lure of the well-meaning philanthropist with no expertise proved irresistible.
 
Instead, we are left with the tired litany of the teachers and union as villains, and the mayor and his minions as heroic for taking them on. But beneath the surface Bloomberg has created a highly segregated school system that keeps the disadvantaged far away from the middle classes and the upwardly mobile.
 
If Mayor De Blasio wants to reverse this death spiral, he’d do well to grant clemency to schools like Jamaica High School and Beach Channel High School and give them the resources they need to make them work for the children and their communities.
 
In their heyday comprehensive high schools included students who were on multiple career paths. There were differentiated diplomas and a multiplicity of choices. The students might not have attended all the same classes together, but they played on the same teams, shared the same teachers, and developed mutual respect for one another.
 
Inexplicably that has been destroyed, and instead of these students existing side by side with each other in the same community, they live and learn as peoples apart.
 
When this consideration is no longer a part of our education system we all become impoverished.  Clemency is one way to begin turning this around.

Monday, December 30, 2013

LETITIA JAMES, OTHER POLITICIANS AND PARENT GROUPS SUE TO STOP LAST MINUTE BLOOMBERG SCHOOL COLOCATIONS

There is no regret at all about voting for Letitia James for Public Advocate.  She is keeping her promises on public education even before she takes office.  James joined with a group of other politicians and parents' groups, including Leonie Haimson's Class Size Matters, to sue the Department of Education to stop all of the colocations approved in October by Mayor Bloomberg's puppet Panel for Educational Policy.

One significant group was noticeable by its absence from this suit: the United Federation of Teachers.  (We have no idea if they were even asked to sign on.)

Advocates for Justice attorney Arthur Schwartz is handling the case filed in Manhattan court.

The press release is here.

You can read the entire lawsuit at the bottom of the press release or here.

If Mayor Elect Bill de Blasio does not go in a progressive direction on public schools, the opposition is  ready. The name Letitia James being featured prominently on this suit cannot be underestimated in its importance.

In other news, the amazing Patrick Sullivan, Manhattan Borough President appointee to the Panel for Educational Policy (Board of Ed), resigned as Borough President Scott Stringer moves to the Comptroller's office.  Patrick was often times the only person on the PEP speaking up for parents, students and teachers.  Hopefully, Mayor Elect de Blasio will tap him to be a mayoral appointee if Patrick wants it or maybe Patrick will run for office.  He has my support.

Saturday, December 28, 2013

PRESIDENTIAL EMERGENCY BOARD RECOMMENDS BETTER SETTLEMENT FOR LIRR WORKERS THAN STATE WORKERS GOT

Thanks to Mike Shirtzer from MORE for sending out a Newsday piece that includes the full non binding arbitration award for most Long Island Railroad union workers.  Not only did the Presidential Emergency Board recommend decent salary increases for LIRR workers, it specifically rejected the 2011 state settlement with the Civil Service Employees Association, that included three years with no salary increases, as a pattern to be adhered to.

Instead, they looked to the arbitration and prior settlement of TWU Local 100 (New York City Transit Workers Union) as major precedents.  The favorable TWU arbitration was decided one collective bargaining round after the 2005 transit strike. The MTA went to court to try to block the arbitration award from being implemented and lost all the way up to the NYS Court of Appeals.

If you don't think strikes and/or a credible threat that a union can wage a successful one are important, think again. The ripple effects of the 2005 transit strike, thought of as a defeat for the union by many, are still helping to improve conditions for transit workers throughout the region and probably boosted other settlements as well.

Newsday summarized the terms of the non binding LIRR settlement this way:

The presidential board recommended annual raises for workers averaging 2.83 percent over six years, and increased health care contributions for all workers. It did not call for any changes in LIRR pension plans or to any work rules.

This certainly beats the daylights out of the 0%+0%+0%+2%+2% settlement negotiated by the CSEA with Governor Andrew Cuomo that Mayor Bloomberg wants all city workers to swallow.

The non binding LIRR arbitration is not yet a contract and it will have no impact on the UFT's non-binding arbitration, which covers our last round of collective bargaining with the city.   Most city workers received 4%+4% increases without givebacks in the last round.  The city is saying they can't afford to give the UFT those retroactive raises and they are attempting to get all city workers to accept three years without raises (the contract state workers agreed to) for the next round.

Will the LIRR decision have an impact on the next round of collective bargaining with city workers? 

The LIRR arbitration panel, in rejecting the MTA argument that the CSEA settlement should be used as a pattern, noted that CSEA workers were facing a huge staff reduction crisis and received a job security agreement in return for three years without a raise.  The panel pointed out that a threat to jobs was not a comparable condition with the LIRR.  It isn't with the UFT either as teachers are heading for the exits as fast as they can because of the impossible teaching and learning conditions in the schools.

If we are going to consider anything close to the state pattern for our next contract, there had better be huge take-backs on working conditions such as the slaying the evaluation system and putting in preferred placement for Absent Teacher Reserves. How about following the Campaign for Fiscal Equity lawsuit settlement and actually lowering class sizes? Maybe we should fight for the ability to grieve unfair/inaccurate material placed in our personnel files, including observations, in a prompt way to somebody neutral.





Thursday, December 26, 2013

CAN THE CITY AFFORD TO GIVE RAISES TO CITY EMPLOYEES?

The blogger Chaz has done some excellent reporting on our contract negotiations.  He believes the city has money to pay us real salary increases for two rounds of collective bargaining, not just the one where educators are behind most other city unions who received two 4% raises without givebacks.  His source is the usually conservative Independent Budget Office that released a report earlier this month saying city finances were in pretty good shape with billions of dollars in surpluses this year that are projected to extend into future years as well.

Buried very deep in the IBO Report, however, is an estimate of the cost of a retroactive UFT contract and the price of new contracts for educators as well as other municipal unions that would include modest 2% raises in the next round of bargaining. Here is what the IBO is saying:

Foremost among the reasons for caution are the expectations built into the budget plan with regard to a settlement of expired contracts with the city’s municipal unions. A costless settlement covering the years of expired contracts prior to 2014 may be more doable on paper than in practice. Depending on the terms of the settlements, the projected surplus could quickly evaporate. In May, IBO estimated that under one plausible scenario the cost of settlements with the unions could be $6.3 billion through 2014. In this scenario, the teacher and principal unions would get the same 4 percent raises other unions received in 2008-2010 and all the municipal unions would get 2 percent wage increases from the point their contracts expired in the years 2010-2013.

These IBO numbers are similar to the Comptroller's figures we cited last week here.

The city is expecting us to accept a pattern set by the State Civil Service Employees Association for a five year contract. The state pattern for this round is three years of zero raises followed by 2% increases in years four and five of a five year contract.  The federal pattern is worse with four years of 0% increases followed by 1% for the postal employees that will probably be copied soon for other federal employees. 

The case for decent increases for all of the unions is based upon large surpluses in the city budget.  Outgoing mayor Bloomberg created those surpluses largely on the backs of the municipal employees. We will say that inflation is eroding our standard of living so we need these modest raises just to keep up. We will quite rightfully point out that the city fiscal situation is much better than the state and federal budget pictures that the city is using to say there is no money for retroactive increases. Since we are in stronger financial shape than the federal and state governments, we deserve real salary increases, particularly since all of us are now working under expired contracts. 

The city will counter that NYC will only remain in solid shape financially if it holds the line on municipal employee salary increases.  Mayor Elect Bill de Blasio will more than likely cry poverty and cite the IBO and Comptroller's reports.  The city will then refer to wage freezes at the state and national level as indicative of very difficult times we have had to endure since the financial collapse and great recession of 2008.

Can NYC public sector unions take a stand against the state and national trend based on the city having more of an ability to pay?  I would answer that question in the affirmative if we took a collective, militant approach and were ready to fight for that money with whatever means labor has at its disposal.

However, if that is not possible, then what about getting something back in exchange for taking less money? Here I would contend, as commenters here have already done on this blog, that we have some leverage.  In exchange for accepting three years without a salary increase, state Civil Service Employees Association members received a job security clause in their agreement.  Here is how their website put it:

The agreement includes provisions to keep CSEA-represented state employees on-the job delivering essential services to New Yorkers. It will rescind imminent plans to issue layoff notices to CSEA-represented employees included in the 9,800 reductions previously announced by the Cuomo administration. It also provides other job security assurances for the life of the contract.

In New York City half of the teachers are quitting within the first five years so we would not need anything akin to the job security clause that CSEA has.  For our job security, we would require a total revamping of the teacher and principal evaluation systems.  Some of these repairs may require state approval. Are the changes worth fighting for? 

How about preferred placement for Absent Teacher Reserves?  This was in our contract for teachers when schools were closed before the horrific 2005 giveback laden contract.  Should we sacrifice some money to improve our working conditions?  Can we have both?  The DOE budget most certainly includes huge amounts of waste as Diane Ravitch's DOE insider reports. 

These are conversations we should be having in the schools with our members each day. 






Friday, December 20, 2013

COMPTROLLER'S REPORT SHOWS COST OF UFT SETTLEMENT

Outgoing Comptroller John Liu's final report on city finances includes a section on labor costs (see below in italics).  I urge everybody to read the municipal labor portion closely. According to the report, revenue is coming in well but every municipal union is working under an expired contract.  The situation for educators is worse than for other unions because we are one round behind everyone else.

The pattern established with other unions back in 2008 - mentioned multiple times on this blog - is a 4% salary increase in year one + a 4% raise in year two without givebacks.  According to Liu, paying teachers and administrators that money retroactively will cost the city a whopping $3.5 billion in this fiscal year and  $900 million annually after that. (Why will it cost so much? Please read our explanation here.)  The city might swallow most of these costs (they may defer the retroactive portion) if we accept the city's offer to freeze wages for the following three years.

The city proposal for all of the unions in the next round of bargaining is to offer a contract based on the pattern set by New York State and the Civil Service Employees Association (CSEA).  CSEA agreed to a five year deal calling for 0% in year one followed by 0%  in year two and then 0% in year three followed by 2% in year four and another 2% in year five.  That settlement was a very bitter pill to swallow for state workers.

Will a five year contract that includes three years of a wage freeze fly with teachers and other city workers?

I believe the answer is probably yes because all of us have been working without contracts for so long that putting any raise in front of us will be something most workers will jump at and take.  If there was a grand bargain to settle both contracts at once, teachers would be looking at seven years.  The last UFT salary increase was in 2008!  Even if we obtained the 4 + 4 that everyone else in the city's workforce received, that would cover 2009-2010 and 2010-2011.  2011-2012, 2012-2013 and the current 2013-2014 school year would be our three straight years without an increase if we were to follow the state pattern for the next round.

The key is getting the retroactive money because that would increase our salaries for 2009-2011, which would then compound for the subsequent years.  There is talk of a cash payment instead of retroactive increases.  Such a deal would cost UFT members a huge amount of money. Would teachers accept it?

Staying on pace with inflation looks like a pipe dream.  Getting what every other city worker received is also not guaranteed but we should fight for these things. I can find plenty of savings in the DOE budget as I'm sure most of you could too.

Here is the part of the Comptroller's Report that deals with the municipal unions:

Labor
The City’s labor contracts with its major municipal unions have expired and members are currently working under expired contracts. The City has proposed terms for a five-year contract for each union which mirrors the 2011 five-year agreement between New York State and the Civil Service Employees Association (CSEA). That agreement included zero wage increases in the first three years and annual raises of 2.0 percent in the last two years of the contract. However, the City’s labor reserve reflects the cost of only 1.25 percent annual wage increases beginning in the fourth year of the current round of collective bargaining. A 2.0 percent wage increase in each of the last two years of a five-year contract will cost the City an additional $111 million, including retroactive cost, in FY 2014, $200 million in FY 2015, $325 million in FY 2016, and $410 million in FY 2017.

The Comptroller’s Office estimates that if all unions instead agreed to an annual increase of 1.0 percent over the five-year term of the contract, it will cost an additional $1.6 billion, including retroactive cost, in FY 2014, $770 million in FY  2015, $758 million in FY 2016 and $694 million in FY 2017. 

If the wage increases were linked to inflation, the additional cost would increase to $3.4 billion in FY 2014, $1.9 billion in FY 2015, $2.1 billion in FY 2016, and $2.4 billion in FY 2017.

The labor contracts for the United Federation of Teachers (UFT) and the Council of School Supervisors and Administrators (CSA) are one round behind the contracts of the City’s other municipal unions. The City and the unions were unable to reach an agreement in the 2008 – 2010 round after the City proposed a settlement with no wage increases. The other municipal unions had settled for a two-year contract with 4.0 percent increases in the beginning of the first and second year of the contract. The New York State Public Employment Relations Board (PERB) is in the final stage of a fact finding process that was initiated to resolve the deadlock between the UFT and the City.

PERB will shortly hold a final hearing on wage increases for UFT members and then issue a report detailing recommendations for a contract resolution. While PERB recommendations are not binding they have served as a framework for final labor contracts with the UFT in the past. A recommendation patterned after the labor agreements of the other municipal unions will cost the City approximately $3.495 billion in FY 2014, including retroactive cost, and $900 million annually beginning in FY 2015.



Thursday, December 12, 2013

DA REPORT: PRESIDENT MULGREW ACKNOWLEDGES THE OPPOSITION IS ENTITLED TO HALF OF THE SPEAKERS IN DEBATE

At a rather sparsely attended pre-holiday Delegate Assembly meeting at UFT HQ in Manhattan, UFT President Michael Mulgrew actually conceded that opponents of measures are entitled to half of the speakers during debate.  This rather remarkable admission came after I made my first ever official "Parliamentary Inquiry" to the Chair.

Since last month's complete evisceration of Robert's Rules where Mulgrew did not permit anyone to speak against a leadership sponsored resolution to only tweak the evaluation system in contract negotiations, some of us decided that we needed to truly cite chapter and verse if the opposition to the ruling Unity Caucus was ever going to be heard in a substantial way at UFT forums. 

Instead of using a simplified version of Robert's Rules as I have in the past, I went out and purchased the unabridged Robert's Rules of Order Newly Revised to take a detailed look at parliamentary law. When studying the book quite closely, I came upon something that showed in very clear language that, as I suspected, the opponents of measures were entitled to half of the speakers in debate. 

At the DA, opposition speakers are either shut out or maybe allowed one voice while members of Mulgrew's ruling Unity Caucus, who sign a membership obligation to "Support the decisions of the Caucus/Union leadership in public or union forums," are recognized one after another until they get bored and one of them moves to close debate.

Mulgrew then uses the fact that there is a motion to close debate on the floor, which is not debatable, to call on his supermajority to close debate and stifle all dissent.  He is correct that they can close debate but he is completely out of order in the way he assigns the floor.

Since we were prepared, I informed my friends in MORE that I planned on raising the issue at the December DA.  At the beginning of the question period I demanded a "Parliamentary Inquiry."  The President yielded the floor to me after saying something I couldn't quite make out.  Here is what I stated:

Parliamentary Inquiry
Pages 292-293 Robert’s Rules of Order Newly Revised say a parliamentary inquiry is called for if a member has an important question on a matter of parliamentary law bearing on the business at hand. I have an inquiry on parliamentary law.

Last month Mr. President, you stated that it has been settled that there does not have to be a speaker against each debatable motion.

This needs to be clarified.  I would like to call the chair and the Parliamentarian’s attention to Robert’s Rules of Order Newly Revised, Chapter II: Obtaining the Floor, Section 3 on Page 31, starting on line 8 where it states: 

“In cases where the chair knows that persons seeking the floor have opposite opinions on the question…, the chair should let the floor alternate, as far as possible, between those favoring and those opposing the measure.  To accomplish this, the chair may say, for example, “Since the last speaker spoke in favor of the motion, who wishes to speak in opposition to the motion?”

When are you going to assign the floor as per Robert's Rules so we can have real debate alternating between speakers for and against every debatable measure that is raised here until someone calls the question (makes a motion to end debate)?

(I have to admit that I was a bit surprised that he allowed me to say all of this uninterrupted but it does pay to be prepared.)  Mulgrew pounced on my point about last month saying that he was correct last month in the way he ended debate because when someone makes a motion to close debate and it is seconded, it is not debatable and it's up to the body to decide (A2/3 vote closes debate).  The President then looked to his Parliamentarian to dispose of the main inquiry.

The Parliamentarian must have said words to the effect that I was right because at that point Mulgrew acknowledged that the opposition is entitled to half of the speakers and he then declared that this is how he conducts Delegate Assembly debates (What?) and he would adhere to the rules by asking for alternate speakers both for and against each debatable motion.

OK ladies and gentlemen, it is now up to my fellow Delegates to make this ruling a reality. We are entitled to not merely one, but 50% of speakers in every debate.  My guess is we are going to have to demand our speaking time but it is there for the taking.

(On the issue of ending debate, I still maintain that Mulgrew has been wrong according to the Rules because he should have been alternating the floor throughout debate and since he knows all of the people in his caucus are obligated to support leadership motions, he has no right to call on two or three or four of them in a row.  The opposition is entitled to the floor directly after the speaker who motivates a motion yields the floor.  Let's see what happens when something controversial comes up.)

President's Report
Mulgrew began by calling for a moment of silence for Nelson Mandela. He also called for a moment of silence to honor the lives of Gene Prisco and other UFT members who had recently passed away.  After the moment of silence, there was a huge standing ovation and the DA sang a quick version of "Na na na na, hey hey goodbye" when it was announced that this was the final DA of the Bloomberg years and the mayor would be gone in three weeks.

National Scene
The budget agreement between Democrats and Republicans in DC is not bad.  Problem nationally is Detroit and Illinois where a bankruptcy judge in Detroit and the Democratic controlled Legislature and Democratic Governor in Illinois are cutting pensions.  In Michigan the constitution has a pension guarantee, like we have in NY, that says pensions are protected and cannot be touched.  There will be an appeal and our law firms are involved.  Worker pensions didn't cause bankruptcy in Detroit.  It was caused by poor government decisions and high bank lending fees.  The events in Detroit and Illinois are very serious and have national implications.

NYS
UFT has not taken a position yet on Governor's tax commission report.

NYC
The first deputy mayor that Mayor Elect de Blasio has chosen used to work for the old Board of Education.  Bill Bratton, de Blasio's choice for police commissioner, is saying the right things.

As for Chancellor, the UFT is comfortable with the people being considered because they are real educators.  We are talking to the incoming administration. The new mayor has to fix many city agencies.

Our enemies are saying the city can't afford to give us a raise.  UFT disagrees.  We need a raise.

We are hoping to have a Chancellor by January 1 who is an educator and then we have to negotiate a contract as well as rebuild the school system.  The President thanked people who came out to December 5 and December 9 actions.  We must fight to move the city to the right place.  The rest of the country is looking to us.

SESIS
Another 900 checks will go out in December.

Teacher Evaluation System
Both administrators and teachers agree that there are too many observations, too much paperwork and too many components in the new evaluation system.  The President closed by wishing all happy holidays.

Staff Director's Report
Staff Director Leroy Barr reported on several holiday activities that the UFT is involved in and gave the date for the next DA.
Question Period
I demanded and got the floor first with my parliamentary inquiry (see above).
Question: What is going on with fact finding?
Mulgrew Answer: Last hearing for non binding fact finding arbitration is today (Wednesday).  There is one outstanding issue.  The report is due in January and even though it is not binding on either side, fifty years of precedent show that it will be used as a framework to make a contract. If as stated above, we are on the same page as the principals on fixing the evaluation system, we may be able to get something done.
Question: Are there any deficits in our pension system?
Answer: No.  Unlike other states, NY is not passing state budgets that don't fund pension contributions.  Neighboring New Jersey went 18 years without making pension contributions.
Question: ICT teacher and other teacher in the same room getting the same ratings on observations.  Is this proper?
Answer: This is not proper.  Keep giving us information for grievances.
Question: How will the Affordable Care Act impact on our health plan?
Answer: At this time we have already seen benefits as children are now covered up to age 26.  The UFT has a drug cap of $100,000 which is very high.  UFT Welfare Fund always paid if someone exceeded the cap but now other unions which had much smaller caps can no longer have a cap and must catch up as the ACA has done away with these kinds of caps.  The insurance company regulations in the law don't kick in for another 18 months so the staggered implementation of the law does create problems
New Motions 
There were no new motions.
 
 
Discussion on Fixing Teacher Evaluation and Repairing the Structure of the School System
President Mulgrew called for a discussion on how we want the teacher evaluation system to change under the new mayor and what we want the school system to look like.  He said that since this would be subject to negotiations, he would like us not to report on this so we won't. We will only say that MORE people played an active role in this part of the meeting.
 
Special Order of Business
There was a Resolution honoring legacy of Nelson Mandela in the fight for justice and equal opportunity for all; one calling for NYS to halt the inBloom contract for collecting and storing sensitive student data; another calling for inclusive language for UFT members who are not teachers; one to repair NYC's electoral system, and finally a resolution to show solidarity with beleaguered Philadelphia Educators and students.  None of these were very controversial and all passed I think unanimously.  Mulgrew did actually ask if someone wants to speak against one of them.
That's all folks.




Wednesday, December 11, 2013

INSIDE UFT-CITY FACT FINDING FROM REUTERS

Reuters is finally giving us some news about contract negotiations between the UFT and city.  Apparently, the city is arguing that they legally cannot pay us the retroactive salary increases because it would bust the budget.  The city wants to avoid having to give UFT members the 4% + 4% raises that other city workers received in the last round of collective bargaining. Compounded over four years, it would be a substantial sum as we have reported.  Here is a portion of the Reuters article:

With just three weeks remaining before his team cedes power to Mayor-elect Bill de Blasio, Bloomberg's administration will cite accounting rules at a closed-door state hearing on Wednesday as it tries to shut the door on any retroactive raises being paid out as bonuses in future years, according to people taking part in the hearings.

In the administration's view, the rules stipulate that any lump-sum payout must be booked in the year it is made, not spread out over years. The amount owed would be too big a hit for any one year and would break the city's balanced budget requirement, they say. The stance effectively closes down any attempt by the teachers for a settlement along those lines, at least with the Bloomberg administration.

The counter argument from the UFT:

At an earlier hearing, the teachers union, the United Federation of Teachers, which has been working without a contract since 2009, argued that under generally accepted accounting principles, or GAAP, rules for municipal budget keeping do not require an arduous one-time cost.

An accounting expert for the United Federation of Teachers also cited a 1991 deal when the city deferred part of a teachers' wage increase, paying $47 million out in 1995 and 1996 -- with interest of 9 percent -- and thus setting a precedent for the practice of deferred payments.

The city is arguing they can't afford to pay us all they owe us in one year so forget it while UFT is saying to spread the payments out as they did in 1991.

Who is right?

"It's a very big bill attached to this retroactive pay raise, and (the Bloomberg administration is) specifically raising this as a deal breaker," said Barry Epstein, an accounting expert at Cendrowski Corporate Advisors, who testified on behalf of the union. "Essentially what they are saying is, we'd be happy to pay this to you except we can't do it because we have a balanced budget law and this will bust the budget."

"My answer to that is they are misinterpreting their accounting requirements," Epstein said.
The mayor's office and the Department of Education declined to comment. But other people familiar with the proceeding supported Epstein's characterization on the city's position.

Thanks to Jeff Kaufman for sending this out.

Monday, December 09, 2013

WHO TO PICK FOR CHANCELLOR?

I look to Valerie Strauss for accurate information on the public schools.  Her Answer Sheet blog at the Washington Post is essential reading for anyone interested in saving public education.  Strauss weighed in this morning on the intrigue surrounding Mayor Elect Bill de Blasio's selection for the Chancellor's position.

According to The Answer Sheet, de Blasio's first choice for NYC Chancellor was Stanford professor and the head of President Barack Obama's education transition team: Linda Darling Hammond. However, she apparently turned him down.  I guess it is good news that Darling Hammond is de Blasio's preferred Chancellor.  However, some of the other names being thrown around in the press would be, as Reality Based Educator calls them, deal breakers.

The mayor elect stated yesterday that he has not yet made up his mind and is still looking at potential Chancellors.  Let's try to remain optimistic that a non deformer will be chosen as Chancellor and that de Blasio will keep his campaign promise to truly break from Mayor Michael Bloomberg's pro charter, anti-teacher, anti-student, anti-parent, anti--public education policies.

Reality Based Educator suggests we put pressure on de Blasio to pick a Chancellor who we can live with.  Go here to send a message to de Blasio's team. 

Thursday, December 05, 2013

DETROIT BANKRUPTCY JUDGE PERMITTING PENSION CUTS IS A TERRIBLE PRECEDENT

A federal judge on Tuesday ruled that the city of Detroit, Michigan can cut pensions of municipal workers even though the pensions are protected by the Michigan State Constitution. According to the judge, federal bankruptcy law supersedes the state constitution.  New York has a similar constitutional provision guaranteeing government worker pensions, including teachers.

This is supposed to be ironclad protection against cutting benefits for active workers and retirees.  State and municipal government workers fulfilled their end of a contractual bargain by working a set amount of years so the pension money was supposed to be guaranteed by the government.  Any cuts to benefits were only supposed to happen future employees. That is why New York keeps creating new pension tiers. Current employees and retirees are not impacted when there is a new pension tier passed by the state. We are now up to Tier VI in New York.

Should we worry in New York about Detroit style pension cuts?  The answer is we are obviously in much better shape financially than Detroit so I don't believe our pensions are in any imminent danger.  However, this case sets a terrible precedent that will more than likely be used by many states and local municipalities to cut pension benefits for government workers.  As the race to the bottom continues for the middle class and working class, it looks like bankruptcy will be the newest tool used against government worker pensions as it has been done in the private sector.

This quote from the NY Times says a great deal about what we are facing:

“Last night, as a public employees’ union leader, you went to bed thinking, ‘My workers’ pensions have special protection; I can continue to play hardball,’ ” Karol K. Denniston, a lawyer with the firm Schiff Hardin who has been advising residents of California cities on fiscal issues, said Tuesday after the judge issued his ruling. “This morning you woke up and found yourself in a new world.”

Another quote lays out the dangers beyond bankruptcy for our pensions:

"It’s a horror film,” said Anders Lindall, a spokesman for Afscme in Illinois, where the state legislature voted Tuesday to cut back retirees’ cost-of-living adjustments as part of a broad effort to bring the state’s pension system into balance. Illinois, like Michigan, has an explicit reference to protecting public pensions in its Constitution.

In this new world, we have to have a revitalized labor movement.  Keeping this in mind, it is important that we have a good showing at today's labor rally at Foley Square in Manhattan after school.  Mayor elect Bill de Blasio needs to see that New York is still a strong union town.