WPCNR SCHOOL DAYS. By John F. Bailey. June 18, 2009: This withholding  of the settlement terms is illegal according to  Robert Freedman, the New York State Executive Director of the Committee on Open Government., who confirmed this to WPCNR Thursday morning. Freedman told WPCNR that there is no on-the-books penalty  of any kind  to the district or the union for violating the Freedom of Information law on this matter. The organizations  can suppress the agreement and get away with it.

The effect avoids public discussion the agreement and gets the agreements passed and tidied up with no opportunity for the public to express opinions on the effect the agreement will have on the district..

WPCNR has a call in to the school district for release of the terms.

Kerry Broderick, head of the White Plains Teachers said , even so, Freedman's opinion not withstanding, she would not release the details of the agreement (the Memorandum of Understanding).

Broderick said  “as far as I’m concerned, we’re still in fact-finding. Give us a week for the teachers to think it (the agreement) through. There are some very delicate issues. Why can’t we have one week? We’re tired of being filleted in public.” She added that she wanted the opportunity to discuss the terms of the contract with the teachers with integrity without them being pressured. “I don’t know they may vote it down,” she said.

Freedman, contacted by both The Journal News and WPNCR ( Journal News Reporter Keith Eddings originally contacted Freedman and deserves credit for discovering the revelation), told both news organizations that there was no reason to keep the contract terms secret because it was his understanding “it’s gone out to hundreds of people (teachers, for their approval).

Freedman told WPCNR , “No. 2 there’s nothing that could be released that would impair either side’s knowledge or ability to negotiate, they both have the same information because negotiations are over."

Freedman said there is no case law compelling any two organizations to release terms of a settlement in a timely manner, because by the time a case could be filed the agreement would have been ratified for some time.

Asked about efforts to compel timely release of settlements, Freedman said there has been some legislation introduced but it has not made progress yet.

The Empire Center of New York, Freedman said has proposed such legislation.

Lise Bang-Jensen, of the Empire Center, (www.empirecenter.org)  testified  before the Joint Legislative Budget Committee of the New York Legislature  in February on “Collective Bargaining Agreement Secrey,” and concluded with this telling observation, based on a Suffolk County Grand Jury finding of “an abject lack of transparency regarding the issue for which school districts spend the overwhelming majority of their funds – salaries and benefits for the employees.”

Ms. Bang-Jenson testified,

The grand jury urged the state Legislature to enact a law requiring school districts put copies of tentative contracts on their web sites at least one month prior to a vote by their school boards.

That is an excellent idea. In addition, advanced disclosure of tentative contracts should include:

• the net financial impact of all provisions, including annualized and cumulative costs of proposed changes in salary schedules, benefits and work rules;
• a breakdown of any savings attributed to union concessions or “givebacks”;
• proposed salary increases on an annualized and cumulative percentage basis, with a separate breakdown of average percentage increases including step and longevity increments; and
• an estimate of the projected impact on taxes over the life of the contract.

No law currently prevents local governments from releasing such details after union negotiations conclude. Unfortunately, in the absence of affirmative disclosure requirement, it appears that many local officials are inclined towards secrecy rather than transparency on such matters.