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June 1st, 2009 OCSEA Meeting Minutes

Meeting called to order at: 3:43 PM

Secretary Loren Myhill was absent from the meeting so President Richard Berman called role of the Rep Council. Reminder: To all rep council members, Loren will be contacting you with an update of the number of meetings you attended and as stated in our bylaws all rep council members will receive $10 for each meeting they attended. If all 9 meetings were attended the rep council member would receive the Super Rep Bonus of the full $100 local dues reimbursed. If there are any challenges to the attendance info please present all evidence and challenges to Loren Myhill first.

Executive Board Reports

Secretaries Report: The Minutes of the May 2009 meeting were presented. A motion was made to accept the minutes without changes. It was seconded and so moved to accept the May 2009 Minutes as presented.

Treasurers Report: Mary Burton discussed May's Treasurer's report. A Motion was made, seconded and so moved to accept the May's Treasurer's Report.

Membership Report: Mary Jane Roberts gave us our numbers of local members vs. our fee-payers.

Presidents Report: This has been a troubling time and difficult year for OCSEA. With the real threat of losing valuable teachers, facing a budget deficit of epic proportions, challenging OCDE on many perceived contract violations and trying to stabilize our organization for success in the near future, Richard would like to say thank you to some people who have gone above and beyond to better OCSEA and represent ACCESS and Special Schools. First of all, a thank you to the Executive Board for providing leadership and restoring integrity in our organization. Next a special thanks to the Rep Council for their support of the members they serve and the ability to be the driving force of the organization. In addition to the rep council and executive board, Richard would like to say thanks to Norma Potter and Norma Ortiz who have represented OCSEA as our CTA liaisons. Marlene Simmons and Loren Myhill deserve praise for their leadership as grievance chairs and taking on OCDE in important challenges that have made our organization stronger. Finally a special thanks to the members who have called with questions, concerns and beliefs that have challenged the organization to continue to do the right thing and better the overall working conditions of the certificated staff of OCDE.

Level 2 Grievance: The union filed a grievance against Tony Gibson for failing to comply with the maximum caseloads for contract learning teachers. The Level 1 Grievance did not satisfy the unions claim that the department could increase the contract learning caseload by obtaining permission from the teachers only. Tony stated that they could in fact increase the roster size if they agreed to pay the teacher an overtime rate. The union disagrees with Tony Gibson's belief and has decided to take the Grievance to Level 2.

Early Retirement Incentive: Nina Boyd contacted Mary Jane Roberts and Richard Berman stating that she was going to put together an interest letter and send it out to the teachers by Friday, June 5th about a retirement health benefit incentive. Although Nina would not discuss the proposed incentive with the Union, the union perceives sending out an interest letter as a stall tactic because the Union already represented an interest and discussed options of their members. The fact that Nina Boyd continues to stall leaves OCSEA wondering if the department is really serious or not about wishing to offer a retirement incentive at all. Mary Jane Roberts, Richard Berman and the 2009 Negotiations team will continue to try to negotiate some sort of retirement incentive for those who have not made up their mind as of yet. A reminder that the incentive will not produce a one to one savings meaning that for every one teacher who retires one RIF'd teacher will be saved.

California State Budget Initiatives: Although the state legislature tried to balance the California budget with tax increases and creative financing, the California voters shot down the initiatives with an overwhelming number of votes. What does this mean? It means that next year's finances look worse than what we faced this year and we need to prepare for even more RIF's.

Site Closures: It is reported that the OC Probation Department has decided to close Los Pinos on July 2, 2009. There are 7 certificated staff and 3 classified staff who will be forced to transfer. The department did not count on these positions closing when they decided to do the RIF. These certificated staff will probably fill vacated positions in ACP, Fischer PAR and any open position as of July 2nd. A reminder to teachers with transfer request forms submitted to the department. All transfer request forms will cease on June 30th and a new form will need to be redone beginning July 1st.

Latest on RIF's: 12 teachers had their letter's rescinded and will be working next year. Nina Boyd sent out a letter to each RIF'd teacher asking them for their intent to work next year and in what capacity. The union suggests that a teacher who receives the letter should check the first box "Yes I would like to substitute in any assignment for the 2009-2010 school year". The union suggests leaving the rest blank and signing the bottom and returning it certified mail back to the department. Unfortunately, by stating NO or limiting the work to a certain type of program is perceived by the union to limit the number of unemployment claims that the department is willing to pay because teachers would then be turning down work. As for subbing rights, the department and the union could not agree on terms on how to contact subs regarding availability of sub positions. The union suggested that the department try to maintain stability by providing a call back based off of individual program rather than the traditional trickle down approach. The department disagreed and will be calling back in reverse order the teachers each day for sub opportunities resulting in teachers that have not worked contract learning or institutions to not have the opportunity to get full training in these areas. The union feels that this will do a disservice to the substitutes as well as those students who will be affected because of the department's position. John Wells stated that he and other members were told by Rick Martin and Tony Gibson that teachers would be able to sub in their own positions. John Wells stated that this would be illegal and a violation of the ed code. John Wells thought that the union was aware of the issue but it was determined that Richard Berman and Norma Potter were never told by the department of this proposal. Several other teachers reported that they were asked by their principal's in a meeting if they too would like to substitute in their own positions. This was not okay and CTA was looking into the legal ramifications of the lay-off situation. Norma Potter asked that all of the teachers who were asked this question to document the conversation and send it to her at npotter@cta.org and cc Richard Berman at ocseapresident@yahoo.com .

In addition to Norma Potter's request for information, a motion was made, seconded and carried to request from the department in writing and to be made public the following:

How the seniority list is determined?

What is the definitive distinction between hire date and seniority date?

How all of this if applicable to the new substitute call back situation beginning July 1, 2009?

Election results: On Thursday, May 28th, the electronic ballots were counted to determine the CTA State Council seat, the Treasurer position and the 2009-2011 Representative Council Seats. 57 ballots were submitted. The following is the results of the election:

For CTA State Council

43 votes for Mary Jane Roberts.....1 vote for John Wells. Mary Jane becomes our CTA State Council Representative.

OCSEA Treasurer 2009-2011

40 votes for Pat Elliott.....1 vote for Marcia Garten. Pat Elliott will serve out the remainder of the 2008-2010 term as Treasurer.

OCSEA 2009-2011 Rep Council Elections

The following certificated staff have been voted to serve as Rep Council members beginning July 1st, 2009 through June 30th, 2011:

Julie Ames, Teri Andersson, James Bailey, Greg Barraza, Mary Burton, Alison Carey, Debbie Crew, Janet Fischman, Marcia Garten, Joel Harrison, Carolyn Johnson, Ann Marie Kaumo, Lewis Lester, Ruth Rosen, Tom Rotunno, Shanti Schiller, Marlene Simmons, Roger Slagle, Sonia Torres, Rebecca Turner, Scott Turner, John Wells. A reminder that any teacher listed on the new rep council who is RIF'd will lose their appointment if they are in fact laid off and are acting as a substitute come July 1, 2009. Any vacancy left by a reclassified teacher will be addressed at the September meeting.

A motion was made, seconded and carried to accept the 2009-2011 Rep Council as presented.

Summer Schedule: OCSEA is looking to send up to 8 members to the 2009 President's Conference in Asilomar, July 20-24. A motion was made, seconded and carried to send up to 8 people to the Presidents Conference and to include travel costs and other out-of-pocket expenses.

Marcia Garten expressed more training for people interested in being on the negotiations team. Richard Berman stated that CTA offers a variety of training opportunities who are interested on their website ( www.cta.org) and they can call him to make arrangements.

Treasurers Request: A motion was made, seconded and carried that OCSEA pay to have a professional audit conducted for our books. It was requested that it be done before the September 14th meeting.

A motion was made, seconded and carried for Mary Jane Roberts to be reimbursed for the Gift for Norma Ortiz and Marcia Garten for parking receipts for the Region 4 Conference.

A thank you to Marlene Simmons who took notes in Loren Myhill's absence.

Next meeting; Monday, September 14, 2009 at 3:30pm at the CTA office on Rampart in Orange.

Meeting adjourned: 5:45 PM