School board remains under fire

It was another night filled with diatribes, accusations, disrespectful comments and pleas when Fallbrook Union High School District’s board met on Monday, November 27. For this meeting, teachers and supporters within the community, many of whom were recruited to attend by e-mail and paid advertisements, turned out to object to extended Health and Welfare benefits provided by Board Bylaw 9250 for outgoing board member Jim Hutcherson, who served the district as a trustee for 16 years before losing the bid for reelection three weeks ago.

Ironically, the masses that turned out in opposition were informed the item does not require a vote by the board but is an option afforded by law to Hutcherson, which the district’s attorney, Dan Shinoff, said, “is a self-executing policy” affirmed by both case law and an opinion from the California Attorney General.

“It has been verified that a board action is not necessary and I will be the one to decide whether I exercise my option or not,” Hutcherson said. “I believe I have served the students, staff and community, and while some might have disagreed with me at times, public service should be respected.”

Board Bylaw 9250 states, “The district shall pay health insurance premiums for retired board members who served in office after January 1, 1981, and who have served a total of 12 years or more…” While Hutcherson meets all requirements to qualify for the benefit – he has served 16 years, four more than the required 12, and began his first board term before January 1, 1995 (he has served since 1990) – union supporters insist the cost impact would be too great, although budget reports show the district to be in sound financial condition.

The financial impact on the district’s budget for the 2006-2007 school year is reported to be $11,901.80. Future annual impact is uncertain, depending on fluctuations in premium rates. Bylaw 9250 states that the benefits extended to retired board members remain the same until the board member reaches the age at which he or she becomes eligible for Medicare/Medicaid and subsequently covers only eligible expenses not covered by Medicare/Medicaid or other health insurance programs. Hutcherson is currently 59 years old and employed by the Bonsall Union School District.

Human Resources Director Jim Yahr presented the draft of a contract that has been agreed upon by the district and classified union SEIU Local 2028 for review. The agreement proposes a three-percent increase to the salary schedule of classified employees, retroactive to July 1, 2005, payable at 50 percent of the cost of this increase for the 2005-2006 school year; a 4.4-percent increase to the salary schedule of the classified employees, retroactive to July 1, 2006, plus an increase of $2,110.60 in the district’s contribution to the benefits package, bringing the district’s total benefits package contribution to $10,729.70 per year for each eligible unit member. The proposed contract changes provided only for the 2005-2006 and 2006-2007 school years and carry a cost to the district of $431,066. For the 2007-2008 school year, the proposed agreement stated, “Reopeners to Article 14 (compensation) A, Article 16 (insurance) and one other article selected by each party.”

“The union has ratified this agreement and it has now been sent to the county for review,” Yahr said. “We anticipate getting it back in a timely fashion.” Yahr said he hoped approval by the county would be received so the item could be placed as an Action Item for the next [December 11] board meeting.

A salary and benefits increase exactly mirroring the salary and benefits increase proposed in the classified agreement was approved, amidst audience unrest, by a 3-1 vote for confidential employees, district administration and site administration. Total cost to the district for increases in this category amounts to $152,627.

With both the teaching and classified staffs not yet having board-approved contract revisions that would provide increased salary and benefits retroactive to July 1, 2005, many employees have expressed their hope for a more favorable bargaining result when the board majority changes.

However, some district insiders have said that with contract negotiations not being settled prior to the upcoming board change, if the new board members approve contracts with greater financial impact to the district, it is likely legal action will be taken by a citizen’s group currently being formed that intends to pursue the long-debated conflict of interest issue, considering three new board members’ spouses are employees of the district.

When the next regular board meeting takes place December 11, the three union-backed candidates – Bill O’Connor, Michael Schulte and Marc Steffler – will assume Hutcherson’s and Fran White’s seats, joining board members Dennis Allen and Lynn Colburn.