North County Times
FORUM: Batra column needs fact-checking
By STEVE LILLY | Posted: Thursday, December 24, 2009
Sunana Batra's Dec. 15 commentary on the Vista School Board's actions regarding the Vista Teacher Association president's salary reimbursements needs a fact check.
VUSD established in 1995 a contractual agreement with the teacher association for the union to reimburse 60 percent of the president's salary, even though the president is on full-time leave from teaching duties. The appropriateness of this arrangement has been questioned at least three times since 1995, and legal counsel has provided guidance.
Ms. Batra states, "in March 2003, district lawyers advised the board that this giveaway of public funds to the unions was problematic." She must not have read the lawyers' report, which stated that "we do not believe that a one hundred percent reimbursement from VTA would be in order."
In 2003, legal counsel told the board that the split reimbursement system was appropriate, while suggesting an audit to determine the ratio of district and union duties performed by the president. This audit was conducted by district staff, and the results were shared with the board.
In July 2008, the board again asked legal counsel for advice on the matter. Attorneys again concluded that the arrangement was "lawful to the extent that the time spent by the president is either covered by the reimbursement amount or is time spent in negotiations and/or processing of grievances."
The agreement was questioned again in August 2009. Community members raised concerns that the unreimbursed amount constitutes an illegal gift of public funds. The board again sought advice. District lawyers stated in their report that "we do not believe that the partial reimbursement provision ... is a gift of public funds."
They also pointed out, however, that in December 2008, the California Public Employment Relations Board ruled in a case involving Berkeley School District, that the union is responsible for full salary reimbursement to the district when the president is on leave of absence, citing Education Code section 44987.
This decision by PERB led the VUSD Board to address immediate change. Collective bargaining agreements may not contradict provisions of the Education Code. At its Nov. 19 meeting, the board directed staff to notify the teacher association that the partial reimbursement arrangement will be discontinued in January 2010, and that the union must reimburse the district its portion of salary costs for the past three years. The three-year reimbursement demand was based on lawyers' advice that this was the applicable statute of limitations.
This matter has been handled appropriately by the board from the beginning. Ms. Batra attacks the board for making these decisions in closed session. All matters of contract negotiation and potential litigation are dealt with in closed session.
VUSD is making tremendous progress in raising achievement levels for all students. We are a district on the move, thanks to the efforts of our staff, students, parents and board. We should be celebrating our successes and focusing on meeting student needs, rather than fixating on false accusations and political rancor.
Steve Lilly is president of the Vista Unified School District Board of Trustees.