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March 7, 2011

Meeting was called to order at 3:35 by President Richard Berman.

Richard reviewed some meeting ground rules as a reminder for the orderly and proper conduct of Rep. Council meetings.

Loren Myhill called the role to establish a voting quorum of Rep. Council members.

Ann Marie Kaumo moved and Carolyn Johnson seconded that the minutes of the last meeting be approved as presented. The motion carried.

Richard reported that in response to Dave Glick's request for CTA salary schedules, he had sent two e-mails to Gail Mendes at CTA, and a letter from the Association and never heard back from her regarding our request. He then forwarded a request to our CTA Board Member Jim Rogers who was going to make a formal request at the CTA Board meeting on March 14-15. Richard reported that he has been told that Gail does not follow through on requests. Also, as a reminder, she is up for a vice-president nomination to CTA which usually is a final step before becoming President. Richard was able to give Dave Glick copies of the CTA salary schedules for 2009, 2010, 2011 and the treasurer's report for February 2011.

OCSEA Treasurer's Report was review by Pat Elliott, and Dave Glick moved it be accepted as presented. Carolyn Johnson seconded and the motion carried.

Mary Jane Roberts was excused from the meeting as she was attending the Medical Benefits Broker interviews so there was no Membership report. We have interviewed AON-Hewitt and Mercer so far. There are three brokers left to interview as of March 7th. AON-Hewitt had lower administrative costs, but Mercer provided better services which may save the Department more in the long run. Richard also gave another update on the OCDE health claims experience for last month in comparison to the same month last year.

Bylaws Committee Update

Mary Jane Roberts is going to begin setting up dates for the committee to meet as our bylaws/standing rules were last updated in 2002 and need to be reworked and sent to CTA for approval. Committee members include Ann Marie Kaumo, Marcia Garten, Debbie Crew, Pat Elliott, and Mary Jane Roberts.

President's Report:

Richard Berman thanked Marcia Garten for her grocery shopping services, and bringing the food to our meetings. Linda Gruber volunteered for the April, May, and June meetings.

No Williams Complaint was filed against the Department because they filled the two contract positions. However, Richard believes that these should have been permanent contracts so that when the teachers are RIF'ed again this month their 39 months will restart. Thus he will be working to get that corrected.

CDE Special Investigation Report will be mailed out to both the association and the department on March 8th. Richard followed up and investigated the allegation that certain Sp. Ed. Teachers were reluctant to speak to the CDE and found it to be false. Richard understands the fact is that the CDE investigator received full cooperation from all 18 of 18 Sp. Ed. Teachers and the CDE investigator was thanked by all Sp. Ed. teachers for their thorough investigation. Richard's understanding from the investigator is that our claims were found to be true and the CDE is looking into filing their own claim on ACCESS from findings derived from their investigation. As soon as Richard gets the letter he will have it posted to the ocsea.com website.

Richard passed along information from CTA and the Orange County Education Coalition to please contact state representatives to urge them to qualify the temporary tax extension initiative for education funding for ballot voting.

Elections Committee: Richard wanted to memorialize who all is on the committee for future reference and questions. They are Tom Rotunno, Joel Harrison, Ann Marie Kaumo, Marcia Garten, Debbie Crew, and Pat Elliott. The guidelines and timeframes for the upcoming election were reviewed and Tom was thanked for all his hard work in investigating our online election formats. Tom presented the list of 29 nominees which will be posted to our website.

Martia Garten moved that we email a list of the nominees to our bargaining unit. Joel Harrison seconded and the motion carried.

Richard reported that the new seniority list will also be posted to our website as soon as it is available.

185 Contract Calendar Negotiations Update: The IBPST met for two days and has another two days scheduled in March. Lewis Lester reported that so far the Department has stated that their 185 day contract proposal excludes all in the 39 month RIF'ed teacher groups. New hires include those who have never had a permanent teacher contract with OCDE. The group also forwarded numerous questions regarding STRS, as well as formulating many more questions to be researched and discussed in future meetings. The original investigation committee was not given adequate guidelines and definitions to do the job the IBPST had hoped they could do, so most of the work still lies ahead for the IBPST on this issue.

New Business:

Dave Glick moved that CTA file a law suit against the OCDE for not giving laid-off teachers a permanent job when they have been working in a permanent position, and for acting in a way to run out the clock on the teacher's 39 months to be rehired at their old status. Joel Harrison seconded the motion. The discussion pointed out that we are not the governing body of CTA and cannot force them to do anything. The motion failed.

Dave then made a second motion that OCSEA file a law suit against the OCDE for not giving laid-off teachers a permanent job when they have been working in a permanent position, and for acting in a way to run out the clock on the teacher's 39 months to be rehired at their old status. Lewis Lester seconded this motion. After extensive discussion the motion failed by a vote of five yes and seven no.

Pat Elliott moved that OCSEA pay the CTA Orange Service Center $100.00 as a reimbursement for all the sodas and water we have consumed at all of our meetings for one year. Julie Ames seconded and the motion carried.

Tom Rotunno moved that we use votingplace.com for our Rep. Council election and that we send a check for $120.00 for this election. Dave Glick seconded, and the motion carried.

Lewis Lester moved that the OCSEA president draft a letter directed to Nina Boyd, Rick Martin, and Todd Martin in response to the various Corrective Actions stipulated in CDE Compliance Case S-0479-10/11. The letter should communicate OCSEA's expectation that bargaining unit members be compensated for extra service in accordance with the Collective Bargaining Agreement (Article 21.3.2) if they are asked or directed to provide compensatory services or other duties as a result of the Department's failure to meet the requirements of Education Code Section 56043(i). Pat Elliott seconded and the motion carried 12 to 2.

Dave Glick moved that the meeting be adjourned and Julie Ames seconded. Motion carried and the meeting was adjourned at 5:45.