Taxi Drivers sue City for Discrimination in Implementation of Taxi Guidelines.

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WPCNR WHITE PLAINS LAW JOURNAL. June 23,2009- White Plains taxicab drivers Mario Alfonso, Marilu Ramirez, Raul Figueroa, Angel Figueroa,Carlos Figureroa, David Sanchez and Cesar Ortiz have filed a Civil Rights suit against Mayor Joseph Delfino, his Executive Officer Paul Wood, their aide, Melissa Lopez, Christopher Gordon and the City of White Plains in New York Southern District Court. The suit was filed June 5 according to Mr. Alfonso, who told WPCNR the suit was filed because of alleged actions by Wood,Lopez and the Mayor  directed at Mr. Alfonso and the other defendants during the city effort to  formulate new taxi regulations.


 


More details shortly. The defendants are being represented by Jonathan Lovett.

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Galleria Assessment Crashes $120 Mill–BOE OKs Tax Refund of Record $4.1 Million

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WPCNR THE CERTIORARIAN. By John F. Bailey. June 23, 2009 UPDATED 12:10 P.M. E.D.T. (Updates in Italics):  The Board of Education approved a $4,177,152.05 certiorari refund to The Galleria Mall Monday evening covering the years 2006,2007 and 2008, Assistant Superintendent for Business Fred Seiler reported to WPCNR this morning. City Assessor Lloyd Tasch said the city was negotiating with two other malls in the city on their assessments, indicating there may be more certiorari and assessment losses the rest of this year from those other two retail properties.


 



Fred Seiler, Assistant Superintendent for Business, White Plains City School District, Monday evening speaking. The BOE tabled consideration of a mystery certiorari, as is their practice, went into Executive Session after their regular meeting and approved a $4.1 Million certiorari tax refund for The Galleria Mall covering the last three years.


 


 


Seiler said the $4,177,152.05 Million sum will be paid in two parts, half this coming December and half in August, 2010. Seiler said the amount should be covered by the School District reserve for certioraris and a certiorari bond for  about $8 Million, previously marketed successfully earlier this year.


 


City Assessor Lloyd Tasch confirmed to WPCNR Wednesday morning that the assessed market value of the Galleria has been lowered $120 Million  (from $260 Million) for the last three years, and as part of the settlement, the usual “3 year freeze” preventing owners for filing assessment grievances for three years after being granted a certiorari, has been waived in The Galleria case, meaning a further drop in The Galleria assessment for this year 2009 is likely. 





Tasch, asked how the $120 Million (in assessed market value)has been taken off the city tax roll said about “half”the $120 Million was taken off this year’s  2009 roll,  and that the other half would be taken off the roll for 2010, however, Tasch revealed that because of the waiver of the 3-year freeze, the city and The Galleria are “still in negotiations” to determine the 2009 assessed value. Tasch told WPCNR that $2 Million of Assessed Value translates to $88 Million of market value.


 


Asked how the shortfall was made up on this year’s roll, Tasch said that the Ritz Carlton second tower had come on the market and that “made up for a lot of it (the Galleria market value decrease).


 


The amount the city will refund on the certiorari should be about $1 Million, since $4 dollars in school property taxes are collected for every $1 the city collects. The Common Council will be made aware of the city portion of the refund Thursday evening.


 


Tasch was asked if future assessments of The White Plains Mall and the Westchester Pavilion could be lowered. Tasch said the city was in negotiation with those two malls that could lead to lowering of their assessments.


 


Tasch said the city is not in negotiation with The Westchester, which Tasch described as the city’s “strongest mall, completely leased up.”


 


Incidentally, the news comes one day after the County Board of Legislators tabled a vote on establishing a Westchester County Assessment Commission to establish standards for assessment across the county to address the falling value of the county municipality tax rolls. Legislator Thomas Abinanti was responsible for postponing the vote by announcing the word “over” with no explanation, forcing the vote to July 7, unless another legislator decides to “over” the Assessment Commission legislation.

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BOE Approves Teacher Contract With No Comment. Did Not Touch Steps Schedule

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WPCNR SCHOOL DAYS. By John F. Bailey. June 20, 2009: The Board of Education tonight voted unanimously to approve a new three year contract with the teachers union, granting across-the-salary-schedule 2% (retroactive to the current 2008-2009 year), 2% in 2009-2010, and 2-1/2% on February 1,2011.


 



 


The Board Approves Settlement: Moment of Truth.


 


The Superintendent and the Board of Education made no public comment on the terms of the contract in the public meeting. Donna McLaughlin, President of the Board of Education told WPCNR after the meeting, “I’m thrilled we have a settlement and we can move forward, especially with the new Superintendent of Schools (Dr. Christpher Clouet) coming in.”


 



 


Kerry Broderick, head of the White Plains Teachers Association, speaking on different matter Monday night, in attendance, also did not make any public statement on the settlement agreed to privately Friday  June 12, and first reported by WPCNR Monday, June14.


 


Kerry Broderick of the White Plains Teachers Association told WPCNR that the Board of Education had not attempted to negotiate any scaling back of  the White Plains Salary Schedule for new teacher hirings during the 18-month negotiation.



 


Asked if the Board of Education had attempted downward adjustments to future new hires during the course of the negotiations, McLaughlin confirmed they had not, “Not this time.”


 


 Asked why, McLaughlin said “This was a rollover. It was not a major negotiation.” She said the next major negotiation  would take place in 2011. Asked if revision of the salary schedule for new hires would be part of that, Ms. McLaughlin declined to commit to exploring that as being on the table.


 


Asked why the school board suddenly settled after long months if any legal action was threatened by the White Plains Teachers Association based on Peter Bassano e-mails to teachers had anything to do with the district change of heart, McLaughlin denied there was any threat of litigation by the teachers that threatened suing the district for bargaining in bad faith.


 


Peter Bassano, the newly re-elected member of the school interviewed after the meeting by WPCNR asked why the Board of Education did not explain the settlement to the public, said, “We didn’t want to rub their nose in it.”


 


Asked what made the 17% increase in wages over three years, the first year retroactive a good deal for the district Bassano said “We got them to pay 8% and 9% of health benefits in the second and third year, and agree to a $5 to $20 increase in the Co-Pay which creates a net savings. We also got them to eliminate the most expensive health care provider, Blue Cross-Blue Shield.”


 


Bassano said that a third of the teachers were at the maximum step level any way so they only received 2%, 2% and 2.5% and that saved the district money.  He also said retirements every year would mean new lower paid teachers would be hired to replace them, creating a savings – but he gave no figures, saying WPCNR would have to check with Assistant Superintendent of Business, Fred Seiler on those savings.


 


WPCNR expressed skepticism, asking  what with the compounding of  the salary schedule every year (based on higher salaries breeding high total dollar amounts), how can a $100 premium increase in pay the family level, possibly make up for increases totaling 5.5%, 5.5% and 6%?


 


Fred Seiler, the Assistant Superintendent for Business told WPCNR last October said the total premium for an individual with “SWSCHP” as it is known, this year (08-09)is $7,293, of which a teacher pays $625  annually (8.6%) . For a two-person family, the premium is $15,388, the teacher share they pay is $1,075 annually (7%). The premium for a family for more than two persons  is $16,336, of which a teacher on the family plan pays $1,220 (7% of the cost).


 


Today, Ms Broderick said that a Family Plan of over two persons costs the district using Health Net, the premier carrier now left after the contract approval, pays $18,000.


 


The teacher now having such a plan pays $1,260 a year of that $18,000, and that would go up $180 beginning July 1 to $1,440. In July, 2010, that same teach with a family of over two persons would pay 9% of that and if the cost goes up 10% to $19,800 as predicted they would pay $342 more.


 


The average increase in salary for the teacher with one year of service going  into 2008-2009 will receive $1,041 retroactively thanks to the 2% settlement on the wages in addition to the $1,831 they already received starting their second year with a B.A. This year will make $2,763 more in salary the first year of the three year contract. Teachers along the 20 year salary schedule of course receive more.It is unclear how a maximum increase inpremium the teacher pays at the family of more than two level, “nets” a saving for the district.


 


Mr. Bassano said the district would save a vast amount of money by the teachers eliminating the Blue Cross/Blue Shield health care choice but did not say how much. He advised WPCNR to get the numbers from Mr. Seiler.


 


Broderick told WPCNR Monday evening health care providers she has been told are keeping their health care insurance premium increases  this coming year and next, lower than the10% predictions in health care costs made nationally, in the 4% range because, she said they do not want to give the Obama Administration ammunition to use as rationale for a national health care plan initiatives.


 


WPCNR asked Mr. Bassano why the district did not attempt step increase adjustments beginning with new highers. Bassano said the state United Federation of Teachers representative who was with Ms.Broderick during negotiations would not have allowed that. Bassano said the step levels are sacrosanct.

Posted in Uncategorized

Teachers Approve New 3 Year Deal by Overwhelming Margin. Pay Up 17% in 2 Years

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WPCNR SCHOOL DAYS. By John F. Bailey. June 22, 2009: Kerry Broderick, President of the White Plains Teachers Association in a statement to the CitizeNetReporter moments ago announced the 651-member White Plains Teachers Association voted “overwhelmingly” to approve a new three year contract with the school district, upgrading teacher pay across all step and degree levels by 17%.



Kerry Broderick, President of the White Plains Teachers Association. April 13,2009. WPCNR News Archive


As first reported last week by WPCNR, the settlement, Ms. Broderick said, gives the teachers a 2% increase “across all step levels” retroactive to July 1, 2008, 2% as of July 1, 2009 (coming up in 9 days), and 2-1/2% effective February 1,2011. Broderick said the raise in 2011 is a “net” 1 and a quarter percent, but the contract expires June 30 of 2011, 6 months later.


Broderick said 400 of the 651 teachers are still in the step schedule, and 200 of those in the step schedule have been with the district less than 10 years. 


On health care benefits Broderick confirmed the increase from 7% to 8% teacher share of their health care in 2009-10 and to 9% in 2010-11. Broderick said increase in the teacher share of health care would cost a family of more than two persons $150 a month.


Broderick confirmed all step levels and longevity increases would go up 2%, but she did not view it as receiving “2 raises” since teachers did not have the ability to change jobs for more money in the education marketplace as easily as the persons not in the educational field.


The increase across step levels in addition to the 2% equates to about 5.5% a year raises across all step levels, computing to 17% percent.


The School Board is expected to approve the contract this evening at the Board of Education meeting at 5 Homeside Lane.

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Not So Fast: County Legislature Delays Vote on new County Assessment Commission

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WPCNR COUNTY CLARION-LEDGER. By John F. Bailey. June 22,2009 UPDATED June 23, 2009 12:20 P.M. E.D.T.: With a single uttering of the word “Over,” County Legislator Tom Abinanti delayed consideration and a vote scheduled  this morning by the 16 members of the County Board of Legislators of establishing a Westchester County Assessment Commission to upgrade data and assessment standards, that county area assessors and city managers said could lead to considerable increases in county and municipal assessibles


Ken Jenkins, the Legislator and  Chairman of Government Operations offered this explanation of the “Over” Rule to WPCNR Wednesday:


By rule, any Legislator can “lay over” an item.  The motion is not debatable.  There are no changes that I plan to make to the Resolution.


Clearly the State Office of Real Property Services, the Westchester Municipal Officials Association and the Westchester Chapter of the NYS Assessors Association support this resolution.  The item does appear have enough support to pass when it appears as unfinished business at the July 7th meeting.


Lloyd Tasch, President of the Westchester Chapter of the NYS Assessors Association, said the Association did not have a statement regarding the “over”.


Jenkins assured WPCNR that  an item can only be “over’d” once so the item will be on the July 7 agenda for a vote.  He also acknowledged some pressure from business groups may be being put legislators, in a written statement, Jenkins wrote WPCNR:

 

Legislators at every level get lobbied by interest groups all the time – so this is not unusual.

 

I believe that some legislators would like to move towards enacting legislation for county-wide revaluation.  So they do not want to support what has been acknowledged by the real property assessment experts as a reasonable and responsible first step.  Some may be feigning a better solution but are actually using procedures to delay. 

 

As far as this legislation is concerned, my view as Committee Chair is that the delay in action until July 7th will not impact the goals of the resolution.  I also expect that there is a set of best practices to develop a model for Westchester that will come quickly as we wait for the next available window to perform the photography (late fall ’09 or spring ’10).

 

 

 


The uttering of “Over,” by Mr. Abinanti, with no explanation to the public by either Mr. Abinanti or Chairman of the Board of Legislators came after a succession of assessors from Ossining, Yonkers, and city managers from Scarsdale and Ossining, and a representative from the Department of Real Property Services had spoken praising the legislature in advance, under the impression the establishment of the Commission, with its attendent appropriation for conducting oblique photography of all propertyies, commerical and residential in the county would up date assessment data characterized as fifty years out of date.

Assessors sitting in “Assessors Row,” expecting a passage of the resolution establishing the Commission, especially after a Board of Legislators’ press release issued Friday touting the possible passage of the Commission, were stunned.


WPCNR has contacted Mr. Abinanti’s explanation for the tabling of the resolution. Any legislator can prevent an item from coming to a vote by calling for an “over” which moves the resolution to the July Board of Legislatures meeting.


One of the speakers at the Citizens to Be Heard portion of the County Board of Legislators, the Assessor form the City of Yonkers, said Dade County Florida, found $1 billion of additional assessments based on a $1.2 Million expenditure of such a oblique photographic survey in $1 Billion in changes to property characteristics that were not on record.”


The “Overing” of the resolution comes two weeks after County Executive Andrew Spano called for a revaluation of Westchester county as an answer to establish fair and equitable property taxes.

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School Budget on Track to Hit $194 Million and rising in 2010-11

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WPCNR SCHOOL DAYS. By John F. Bailey. June 21, 2009 UPDATED WITH SCHOOL BOARD AGENDA, 2 P.M. E.D.T. UPDATED 2:27, LAST PARAGRAPH WITH DETAIL: Monday evening the Board of Education meets to approve a new three year contract with the White Plains Teachers Association. After 18 months of stalled negotiations.


 


The teachers apparently have walked away with what they wanted in the first place: a contract that makes up for the 17% increase in costs of medical benefits they allege have happened to erode their wages the last two years,  plus  an Earnings Schedule that  has been  lifted across the board by 2% (retroactive to this year) and 2% next year and 1.25% in 2010-11. Although WPCNR has been told there is a provision in the settlement to lift that 1.25% to 2 1/2 percent in the spring of 2011.


 


The effect of the raises coupled with a projection of 9.6% in medical costs, projects a school property tax increase of $450 on the average White Plains home with a market value of $650,000 to$700,000 before factoring in other cost increases over the next yearin 2010-11.  If assessments decline another $5 Million by next January  (as they did this year) that $450 increase in school taxs goes up to $609 in 2010-11 just to make up the loss in the tax base.


 


 


 


 


It is reasonable to assume the union would balk at any attempts to scale back the ratio of the longevity and rewards for pursuing degrees in an Earnings Schedule that makes teachers in comparable school districts long to be a White Plains teacher.


 


The 5.5 percent wage increase and an expected upturn in health care costs of 10% (as reported nationally last week) saddle the school district as a result of this settlement of $5.5 million in salaries and roughly $3.4 Million in benefits costs if the benefits costs go up 10% due to market factors(not counting the union “givebacks” of paying 8% and 9% of health benefits this year and next.


 


These two trends alone — the 2% (actually 5.5%) raise and the projected benefits costs) create an increase of $9 Million in the budget before expected increases in retirement contributions, before utility increases, before increase in debt service, and before making up any drop in the city assessment roll.


 


PriceWaterhouseCoopers Health Research Institute projects a 9.6% increase in medical costs in 2009, and does not have a forecast for 2010 as yet.)


 


The result is that the median White Plains home of an under-65 taxpayer  in a home  with a market value of  $650,000 to $700,000 will see a property tax increase to $8,442 in 2010-11, up $450 from this year’s property tax of $7,992. (This means an increase in the $515 per thousand of assessed value tax rate we start paying July 1 to an increase of $533 per thousand in 2010-11.)


 


On the other hand, if as City Assessor Lloyd Tasch told WPCNR last month, the city loses another $5 Million of the tax roll (as it did this year)as Tasch predicted, that tax goes up $609 to $8,601 and the tax rate per thousand dollars of assessed value goes up to $543 per $1,000.


 


Senior citizens over 65 will see less of a tax increase because their Enhanced STAR Exemption is higher.


 


The point of this is that new Superintendent of Schools Christopher Clouet has to start looking at the 2010-2011 budget from Day One, perhaps slowing  the rate of spending to ready the district for the budget shocks coming from the Retirement Benefits increase (warned of Comptroller Thomas DiNapoli), and the laundry list of other expenses.


 


If the city should dodge the certiorari express headed down the track at next year’s assessment roll and assessments stay at this year’s level of $286.8 Million, then the district settlement and benefits will only cost the taxpayer who owns a $650,000 to $700,000 home  the lower $450 increase (plus whatever all the other budget factors cost).


 


The 2 percent plus the built in longevity raises has the effect if raising the salaries of the district 16% over the three year length of the contract,  5.5% a year. If from what we here the last year of the contract may increase to 2-1/2%, though now reported by the Superintendent of Schools as 1.25%, that’s a 17% increase by 2011-12.


 


The  5-1/2 percent occurs thanks to automatic years of service increases and rewards for advancing towards academic degrees (Masters and Ph.ds) presents  in pay of 16 percent. It is true they increase their share of health benefits to 8% this coming year and 9% in 2010-11, but this amount to about $100 this coming year, not a bad tradeoff for the pay increases.


 


The increase of 2% in the salary scales means that if no teacher advances at all in credits towards degrees, all still get a 3.5% longevity increase plus another 2%, increasing salary 5.5% to in some cases, 5.8% for 2008-09, and another 5.5% in 2009-10 and 4.75% in 20010-11. Total raise: 15.75%.


 


If the as-reported-to us-raise to 2-1/2% in 20010-11 POSSIBLE in mid year is correct and granted, the full increase through 2010-11 is 17%. 


 


The Board of Education Agenda for Monday Evening at Education House:


 


SPECIAL BOARD OF EDUCATION MEETING


Monday, June 22, 2009


 


Education House


7:30 P.M.


 


 AGENDA


  


 


PUBLIC HEARING ON CONTRACT FOR EXCELLENCE PLAN FOR 2009-10


 


 


 


I.          Opening of Meeting:


 


            Pledge of Allegiance


            Oral announcements by the Board President, Board Members


 


 


 


II.         Communications: 


 


 


 


III.       Public Participation:  (The Board will entertain comments from the public on any issue, with a time limit of three minutes per person, and a maximum total of 25 minutes.)


 


 


 


IV.       Superintendent’s Report:


Strategic Plan


Capital Project Update


Class Size


Acknowledgement of State Comptroller’s follow-up report


           


 


 


V.        Summary Action Items:


 


1.                  Recommended approval to arrange for the appropriate program and services for students


with disabilities, as recommended by the Committee on Special Education:  2 cases, as


 per attachment.


 


 


 


– 2 –


 


 


2.                  Recommended approval to add the following to the list of organizations permitted use of facilities:  White Plains Wrestling Club, St. Thomas Orchestra, White Plains Tiger Youth Group and Planet 90 Soccer.


 


3.                  Recommended approval of a consultant agreement with Dr. Louis McIntyre for Physical Exams.                      


 


Civil Service Staffing:


 


            4.         Recommended approval of the termination of employment of Isela Chacon, Food Service


Helper, Post Road School, effective 6/23/09.


 


5.            Recommended acceptance of the resignation of Shirley Harris, Food Service Helper,


      High School, effective 6/23/09.


 


6.         Recommended approval of the placement of the following on the preferred eligible list,


            due to abolition of positions:


                                    Brian Artis, Security Assistant, effective 7/1/09


Manolin Arismendez, Security Assistant, effective 7/1/09


                                    Linda Donahoe, Office Assistant I (.40), effective 7/1/09


                                    Frank Fontanello, Director of Security, effective 7/1/09


                                    Susan Werner, Parent Information Center Assistant, effective 7/1/09


 


7.            Recommended approval of title changes for the following positions:


                  3 Secretary positions to Office Assistant II effective 7/1/09


                        1 Secretary position to Office Assistant II effective 11/1/09


                        1 Requisition Control Clerk position to Office Assistant II effective 7/1/09


 


            8.         Recommended approval of the 26-week probationary appointment of Sergio Martinez,                                     Senior Custodian, George Washington School, effective 5/20/09 (has been serving


                        provisionally).


 


            9.         Recommended approval of the permanent appointment of Frank Fontanello, Security                            Assistant, current location Middle School-Eastview, 7 hours per day, effective 7/1/09,                           resulting from the abolishment of the Director of Security position (replacing J. Palma).


 


            10.       Recommended approval of the substitute appointments as per Board approved            


                        “Substitute, Summer School and Supplemental Rates” as per attachment.


 


            Teacher Staffing


 


11.       Recommended acceptance of the resignation of Leanne Archambault, Teaching


            Assistant, George Washington, effective 8/31/09.


 


            12.       Recommended approval of the appointment* of district-wide substitute Teaching


                        Assistants, as per Board approved “Substitute, Summer School and Supplemental Rates,” 


                                    Jackie Simmons  


 


 


– 3 –


 


 


            13.       Recommended approval that the following Teaching Assistants with least seniority in the


                        Teaching Assistant tenure area, whose positions are being excessed effective 6/30/09, be


                        placed upon the Preferred Eligible List for 7 years, effective 7/1/09: 


                                    Camille Marquis


                                    William Calvin Miller


                                    Joyce Romero


                                    Phyllis Arcuni


                                    Elisa Groglio


                                    Nubia Gonzalez


                                    Sandra MacGregor


                                    Margie Soto


           


            14.       Recommended acceptance of the resignation for the purpose of retirement of Linda


                        Dolinko-Gold, Elementary Education Teacher (Instructional Specialist K-5), Church


                        Street School, effective 7/1/09.


 


            15.       Recommended approval of a request for an extension of childcare leave for Nicole Reis,


                        English Teacher, High School, effective 7/1/09-1/31/10.


 


            16.       Recommended approval of the appointment of Julie Pastore to the position of Adult                               Education Program Supervisor-Evening Program (10 hours per week), Adult &                       


                        Continuing Education Program, effective 9/9/09-6/23/10.


 


            17.       Recommended approval of the appointments of Louise Perret and Nancy Blaney to the


                        position of Adult Basic Education ESOL Teachers, Adult & Continuing Education                                 Evening Program, Rochambeau School, effective 7/6/09.


 


            18.       Recommended approval of the appointment of Nancy Blaney to the position of Adult                            Basic Education ESOL  Teacher, Adult & Continuing Education Traditional Day                                               Program, Rochambeau School, effective 7/6/09.


 


            19.       Recommended approval of compensation for the following, as per attachments:


a)      2008-09 Summer Professional Development Activities, Staff Development Center


Activities, and Technology Institute Activities stipends


b)      2009 Summer School appointments


c)      2008-09 Interscholastic-Co-curricular appointments


d)      2009-10 Technology appointments


 


            20.       Recommended approval of the Probationary appointments of:


 


                        Donna Killian*  (Replacing L. Harris-Shoulders)


                        BS – New York University  (English Education)


                        MLS – St John’s University  (Library Science)


                        Certification:   Initial, Library Media Specialist & Permanent English 7-12


                        Tenure Area:  School Media Specialist (Library)


                        Current Assignment:  Middle School-Highlands, Library Media Specialist


                        Probationary Period:  8/31/09-8/30/12


 


 


– 4 –


 


 


                        Steven Seltzer*  (Replacing E. Zuch)


                        BA – SUNY/Oneonta  (English)


                        MS – College of New Rochelle  (Special Education)


                        MS – College of New Rochelle  (School Administration & Supervision)


                        Certification:  Permanent, Special Education


                        Tenure Area:  Special Education


                        Current Assignment:  Districtwide, CPSE/CSE Chairperson


                        Probationary Period:  8/31/09-8/30/12


 


VI.       Other Action:


 


1.         Recommended approval of a contract between the White Plains Teachers Association and


            the White Plains City School District, effective  7/1/08-6/30/11.


 


            2.         Recommended approval of the probationary appointments of:


 


                        Tashia A. Brown*  (Replacing A. Chestnut)


                        BS – University of Vermont  (Elementary Education)


                        MS – New York University  (Education Administration)


                        Ed.M. – Columbia University  (Curriculum & Teaching)


                        Certification:  Provisional, SAS, ESOL & Permanent, Elementary Education N-6


                        Tenure Area:  Elementary Assistant Principal


                        Current Assignment:  Assistant Principal, Ridgeway School


                        Probationary Period:  8/1/09-7/31/12


 


            3.         Recommended approval of a reduction in position from 100% to 50% of full time, effective  7/1/09, for the positions of:  Coordinator, Testing, Evaluation & Funded Programs (State Magnet School   funds) Director, PreKindergarten Program


 


            4.         Recommended approval of a reduction in position for Lucia De Rosa, Director, PreKindergarten Program, from 100% to 50% of full time, effective 7/1/09.


 


            5.         Recommended adoption of White Plains High School’s Code of Conduct for staff,


                        developed by a WPHS Faculty and Administrative Committee, to be implemented in the


                        2009-10 school year.


 


            6.         Recommended  acceptance of the Internal Auditor Report for the 2008-09 school year.


 


7.         Recommended approval of Undesignated Fund Balance and establishment of 2008-09 Tax Certiorari Reserve.


 


8.         Recommended approval of counsel’s recommendation for a resolution pertaining to tax


certiorari settlements. 


 


9.         Bids and contracts:  exterminator services; security alarm monitoring and repair; fire alarm monitoring and repair; relocation and installation of fiber optic cable at Post Road   School; printing of Adult Education Bulletin.


 


10.       Recommended approval of a contract with Bootleg Productions for use of district facilities for filming.


 


11.       Recommended approval of the Joint Facilities Agreement between the City of White Plains and the White Plains City School District.


           


 


 


VII.      Board Discussion:


 


            1.&

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Hal Masback: A Restrospective. First Democrat elected to Common Council

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WPCNR MILESTONES. From the Masback Family. June 20, 2009: Harold E. Masback, Jr., 82, a long-time White Plains resident, automobile leasing executive, public servant, and former White Plains City Councilman, died June 17 at his home in White Plains.  He had Amyotrophic Lateral Sclerosis (ALS).


 



 


Hal Masback, 1970, about the time he was elected to the Common Council as the first Democrat to hold a Common Councilship.  Services will be held for Mr. Masback at 11 A.M. Monday morning at the Chapel in the Woods, Temple Kol-Ami, White Plains. Photo, from the Masbach Family Collection.


 


Born July 16, 1926 in Manhattan, NY, “Hal” Masback was a graduate of the Georgia Institute of Technology. His tenure at Georgia Tech was interrupted by his service in the United States Navy in World War II, from 1944-1946. During the war, Masback served as an aerial gunnery instructor and played for the All-Navy Baseball team, replacing Stan Musial at first base for the East Coast squad. Upon his return to Georgia Tech, Masback managed the Cross Country and Track & Field Teams, an experience that presaged a long and distinguished career organizing track and field championships such as the Women’s AAU Championships, and the Glenn D. Loucks Memorial Games, officiating at West Point and the Millrose Games, among many others.


 


After graduating from Georgia Tech with a Bachelor of Science in Industrial Management, he joined his family’s business, Masback Hardware, then the largest wholesale hardware distributor on the East Coast. He went on to found and lead businesses engaged in lawn and garden equipment, recreational equipment and motorcycles, and automobile leasing.


 


Hal Masback served his community in many different capacities. In 1964, he helped found White Plains Boy’s Baseball, serving as its first Chair and President for over six years.  He was appointed to the Mayor’s Recreation Advisory Committee in 1966, and was one of the founders of the White Plains Touchdown Club. 


 


 In 1969 he and a fellow Democrat were elected to the White Plains Common Council, the first of that party to be elected to any office in the history of the city.  He subsequently ran unsuccessfully for Mayor of White Plains.


 


He was instrumental in the founding of the White Plains Youth Bureau, and remained engaged with that organization continuously throughout his life.  In 1999, he was appointed to serve on the board of the White Plains Downtown Business Improvement District, and recently served on the WESTHAB Committee for homeless families and as the President of the White Plains Exchange Club.  For his service, he was the recipient of numerous civic honors.


 


Hal’s first marriage to the former Iris E. Alford ended in divorce.  Masback subsequently married Caral Rosenbaum and they resided in White Plains, operating Caraleasing, Inc. together until his death.


 


Survivors include his wife, Caral Rosenbaum Masback; three sons, Harold E. Masback III of New Canaan, CT, Craig Masback of Portland, OR, and Keith Masback of Alexandria, VA and seven grandchildren.


 


A memorial service will be held on Monday, June 22, 2009 at 11:00 am at The Chapel in the Woods, Congregation Kol Ami located at 252 Soundview Avenue, White Plains, NY 10606.  Interment will follow at the White Plains Rural Cemetery, 167 North Broadway, White Plains, NY 10603.


 


In lieu of flowers, memorial gifts can be made to the Harold E. Masback, Jr. Youth Recreation Scholarship Trust, 85 Gedney Way White Plains, NY 10605


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Calls for Transparency on Timely Disclosure of Tentative Settlements

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WPCNR ALBANY ROUNDS. June 20,2009: In light of the revelation that governments and school districts have been violating the Freedom of Information Law when they withhold tentative settlements of labor contracts from the media and the public until they are ratified, WPCNR presents the testimony of  Empire Center research, Lise Bang-Jensen’s February testimonty before the New York State Legislature  Joint Legislative Committee detailing some of the pitfalls this practice creates for city governments and taxpayers.


Ms. Bang-Jensen’s testimony:















Lise Bang-Jensen Testimony: Collective Bargaining Agreement Secrecy


Before the Joint Legislative Budget Committee


Complete report in PDF format

February 04, 2009




My name is Lise Bang-Jensen.  If my face looks familiar to many of you, it may be because I spent hundreds of hours in this very room covering fiscal hearings like this one when I was a reporter-producer for Inside Albany.

I am currently senior policy analyst for the Empire Center for New York State Policy, which is a project of the Manhattan Institute.

At the Empire Center, my chief focus has been on public sector employment issues and government transparency.  I am the principal writer of a blog called
NY Public Payroll Watch.  I also was involved in creating the Empire Center’s nationally recognized transparency web site, SeeThroughNY.net.

Launched July 31, 2008, the site enables citizens with access to a computer to search the:
•    State payroll, the NYC payroll and the payrolls of 19 larger state public authorities (including the MTA, Port Authority and Thruway Authority);
•    Teacher union contracts of the state’s 733 school districts and BOCES;
•    School superintendent contracts;
•    Legislative office expenditures; and
•    Legislative member initiatives.

Government Transparency

The Empire Center created
SeeThroughNY.net to increase government transparency.  We also wanted to offer a model for government, because we believe ultimately state and local governments owe it to their citizens to put this kind of public information—and much more–on the Internet.

The Empire Center is not alone in its quest for more transparent government.
The state of Missouri—the “Show Me” state–has a noteworthy transparency site. In the past year, both New York Attorney General Andrew Cuomo and Comptroller Thomas DiNapoli have created transparency sites that, while still in their early stages, show great promise.  The Empire Center honored them both with our 2008 SeeThroughNY transparency award.

(Links:
www.sunlightny.com and www.openbooknewyork.com)

Government transparency also is a top concern of President Barack Obama.  Just one day after his inauguration, Obama issued a memorandum calling for “creating an unprecedented level of openness in government.”  As a U.S. Senator, he co-sponsored the Federal Funding Accountability and Transparency Act of 2006, which puts federal contracts and grants on the Internet (
www.usaspending.gov).   

I would welcome the chance to talk with any of you at a later date about how New York could enhance government transparency by adopting a policy of “proactive disclosure.”

Secrecy over pending employee contracts

However, today I want to discuss an aspect of government secrecy that’s often overlooked.  

Local governments and school districts frequently keep the public in the dark about one of their biggest potential expenditures—proposed salaries and benefits for their employees.  Tentative collective bargaining agreements often are withheld from the public until after elected officials ratify them.  By then, the contracts are done deals.  It’s too late for citizens to meaningfully raise questions or debate their merits.

Such employee contracts may require huge property tax increases, especially considering that personnel costs are the largest spending category in local budgets.  For school districts, they account for about 70 percent of all spending.  

Citizens, who ultimately will shoulder the costs, should be able to review tentative contracts before city councils, school boards and other legislative bodies approve them.  That is now the practice in many jurisdictions, including New York City—although contract details can be sketchy.

Contract secrecy — with its resulting lack of public oversight –can carry a huge price tag for taxpayers.  Just ask residents of Johnson City, which is a village (not a city) of 15,000 residents just outside Binghamton.  Under a shroud of secrecy, the village board approved a five-year contract raising firefighters’ salaries by 41 percent.

Johnson City, strapped by the generous firefighters contract, can’t pay its bills.  Faced with making good on the contract, the village must borrow up to $1.1 million during the current fiscal year.  So financially desperate is the village that there’s talk of contracting with Binghamton for fire services in the future.  Or even dissolving the village.  

In Utica, the school superintendent refused to reveal details of a proposed teachers contract—even after union members approved it.  The memorandum of agreement was made public only after the school board ratified it.

In defending the secrecy, a school board member said, “If it’s released the O-D [Utica Observer-Dispatch] could write an editorial on what is right or wrong with the contract and influence board members votes.”

Isn’t that how democracy is supposed to work?  Isn’t that why in Albany, bills must “age” three days before the Legislature can vote on them—except in emergency situations?

What school board members may have been reluctant to share with Utica taxpayers in advance is that the contract dramatically expands lifetime health benefits for retired teachers, committing the city to higher property taxes for decades to come.   Most alarming is that one day after the contract was approved, a school business official said she had yet to calculate its long-term costs.  It seems taxpayers weren’t the only ones kept in the dark in Utica.

I am not here to debate the merits of the Johnson City and Utica contracts.
Instead I’m suggesting taxpayers be given a chance to put in their two cents before the contracts are set in stone.

Proposed remedies

In 2006, a Suffolk County grand jury–which spent a year probing financial irregularities of county school districts–complained about “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.”

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 an affirmative disclosure requirement, it appears that many local officials are inclined towards secrecy rather than transparency in such matters.

Attached to my written testimony is a copy of my policy briefing,
Lifting the Shroud of Secrecy from Public Employee Contracts, which offers further details of the proposal.  

I would be happy to answer any questions.



 


 

 

 

 

 

 

 

 

 

 

 

 

 

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County to Consider Vote on Establishing Assessment Standards–1st Step to Reval?

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WPCNR The  Certiorarian. From the Westchester County Board of Legislators with reporting by WPCNR. June 19,2009: Westchester legislators will move to adopt a resolution which will establish a county assessment commission at Monday’s upcoming Board meeting. The proposed legislation creating the Westchester County Assessment Commission, due for a vote at Monday’s Board of Legislators meeting, would be responsible for the development of a regional model for the collection and maintenance of property data that would be used by local assessing units as the new standard for recording the characteristics of every parcel of property within the county. 


White Plains City Assessor Lloyd Tasch reached Friday afternoon by WPCNR described this as the first step that would have to be be undertaken by the county in order to execute a countywide revaluation of property, if the county chose to do so. Tasch also said it was tied to a county effort to photograph-map the county from the air to be used as a resource by all county communities (and assessors). The cost of the aerial photography piece is $1 Million.


Revaluation was endorsed by County Executive Andrew Spano last week in a letter to State Senator Jeff Klein as the only solution to the certiorari practice of businesses filing for lowering of their assessments that have lowered Commerical Property Owners property taxes 9% in the last eleven years, while homeowners property taxes have doubled. Tasch said the establishment of the Commission would also enable communities to defend assessments more successfully.


 “It is crucial to the commission’s work that parameters are in place to create a more uniform, transparent, equitable and efficient assessment practice,” said Board Chairman William Ryan (D, I, WFP-White Plains).   “This measure will save taxpayer dollars.”


 


 “It is crucial to the commission’s work that parameters are in place to create a more uniform, transparent, equitable and efficient assessment practice,” said Board Chairman William Ryan (D, I, WFP-White Plains).   “This measure will save taxpayer dollars.”


Lloyd Tasch, White Plains City Assessor, President of the Westchester County Chapter  of the New York State Assessor’s Association has been working with the county on the legislation.


Tasch told WPCNR it is an effort to standardize assessment data to determine assessments. Tasch said “it’s tryingto get the best data for the defense of certs (challenges of assessments).”


Tasch also said it is connected with another piece of legislation providing $1 Million paid by the county for creating aerial photography maps of all towns and municipalities in the county. Tasch said it would be impossible for individual communities to pay for this themselves. Tasch said this was not a county first step toward a county “revaluation,” but said, “It’s (the Commission’s) exact purpose has not been established, but it would determine countywide standards to gather data needed to do a “reval”


Despite keeping the county tax levy to a minimal increase of 1.77%, a recently released report by the Westchester County Tax Commission highlights a perennial problem that underscores the need to reform how real property is assessed within the county. A slight increase in county taxes can actually end up as a decrease on a property tax bill for some residents and an increase that varies from minimal to significant for others.  The current assessment system that produces these wild gyrations year-to-year is outdated and long overdue for an overhaul.  Westchester County is the only county where tax warrants do not expire, and where towns, cities and villages are rendered the enforcement authorities in the event of non-payment of taxes.


“As Chair of the Board’s committee with direct oversight over tax collection and assessment, we are taking the lead in fostering true cooperation with all levels of government on this issue,” said Legislator Ken Jenkins (D, WFP-Yonkers), Chair of the Board’s Committee on Government Operations. “The proposed resolution would create a process of assessing real estate and personal property values in Westchester County, and would serve as an extreme benefit for county residents.”  This resolution, also, calls on the County to use the assessment improvement study grant award to establish a centralized commercial assessment database – maintained by the County and available for use by all municipalities – using existing data-sharing agreements.


 In 2008, Westchester County was one of 50 counties in New York State to receive an assessment improvement study grant of $50,000 under the Centralized Property Tax Administration Program from the NY State Office of Real Property Services.  At which time, the Collaborative Assessment Study Committee (composed of members of the Westchester Municipal Officials’ Association, the Westchester Municipal Assessors’ Association and the Westchester County Tax Commission) drafted a study which reviewed at least one system that will apply common standards to every county parcel.   


The Collaborative Assessment Study committee concluded that the most appropriate and applicable model would a Municipally-Administered Model, wherein municipalities would either contract among themselves or with an independent agent to treat all parcels identically to achieve transparent, equitable and efficient assessment practices, as well as potential economies of scale. “The Collaborative Assessment Study Committee has worked tirelessly to create this study, upon which the County Board can move toward legislative action,” said Jenkins.

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Superintendent Confirms 2%,2% and 1.25% Raises, 16.65% Over 3 Ys+Health Savings

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WPCNR SCHOOL DAYS. By John F. Bailey. June 18,2009 UPDATED With Step Increases 10:05 P.M E.D.T. UPDATE, PREMIUM INFO, 12:50 A.M. E.D.T. June 19,2009 UPDATED JUNE 20,2009: The Superintendent of Schools, Timothy Connors confirmed this afternoon in an e-mail to WPCNR that the School District and the teachers union raise increases are 2% retroactive to 2009-2009, 2% for the coming year beginning July 1 (2009-2010) and 1-1/4% in year three, 2010-2011. The Superintendent did not clarify whether the third year raise of 2-1/2% reported to WPCNR by persons familiar with the Memorandum of  Understanding was contingent on economic conditions in year three of the contract, 20010-11.


Though the raise is being reported as 2%, the new contract if approved, actually means a 5.55% increase for each year of the new contract because of the  3.4% to 3.8% automatic salary increases that come with each year a teacher stays on the payrollup to twenty years.. Previously, based on a past Earning Schedule, WPCNR calculated the step raises at 2%. Checking the current earnings schedule each teacher from a second year teacher to a teacher in their 20th year receives a 3.4% to 3.8% raise automatically in addition to whatever scale increase is negotiated according to the current contract.


Roughly calculated by WPCNR this means the wage increases total top 16%.


 In addition to the retroactive wage increase payment negotiated at 2% for this year, when you include 2% in wage increases for 2009-10 and 1.25% (according to the Superintendent)  for 2010-11, the total wage package for three years creates a 16.25% Increase in salaries for teachers.


 The contract increases wages 5.25% over three years,across all levels over and above the automatic step raises for longevity which are 3.8% for each year of service, creating an overall raise over three years of 16.65%.(5.8%, 5.8% and 5.05%) if the present 3.4 to 3.8% longevity increase remains.


Settlement Appears to Catch Teachers Up to Premium Costs, with the Longevity Increases.


Quoted in WPCNR last October, Fred Seiler, Assistant Superintendent for Business for the district confirmed that premiums with the Statewide Schools Cooperative Health Plan, the consortium the district has contracted with for health benefits have gone up 17% since July 2007. He said, Co-Pays have doubled from $10 to $20 for doctors visits.


Teacher Share of Health Premium, 7%.


Seiler said the total premium for an individual with “SWSCHP” as it is known, this year (08-09)is $7,293, of which a teacher pays $625  annually (8.6%) . For a two-person family, the premium is $15,388, the teacher share they pay is $1,075 annually (7%). The premium for a family Two Person, is $16,336, of which a teacher on the family plan pays $1,220 (7% of the cost).


Counting the 3.8% longevity step increases with the 2%, 2%, 1.25% wage increase catches the teachers almost up to the 17% health care premium raises they have faced the last two years.


Response to Confirmation request.


The Superintendent responding to a WPCNR request to correct any part of what was originally reported to us wrote in an e-mail response:


There are other savings in insurance and the cost for the third year is 1-1/4 %.”


Connors did not deny that the teachers if they approve the contract would pay 8% and 9% of their health package in 2009-10 and 2010-11, respectively, and that Empire Blue Cross Blue Shield had been agreed to be dropped as a health care provider by the teachers. The 8% and 9% increase in the teacher share of the preimum is up over the 7% levels of the last contract.


Clouet off hook


The settlement gives incoming Superintendent of Schools Christopher Clouet a breather of 1-1/2 years before he has to negotiate the 2011-2012 teacher contract. Previously, Superintendent Connors told WPCNR only a two year contract was being considered, which would of required Clouet to begin negotiations in January. This gives Clouet a honeymoon to repair the acrimonious atmosphere between the Board of Education and the White Plains Teachers by the 18 month statemate over negotiations, which has ended with a 2% increase, should the teachers choose to accept the tentative settlement


 


 

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