Hernandez's School Board Hail Mary Vote

Wednesday night's special session school board meeting saw a vote of 5-3-1 in favor of appealing a court ruling to immediately step teachers up the four tiers they missed in the wage freeze that has been in place since 2004.
The ruling could have decimated the current fund and caused the layoffs of over 600 teachers, according to sources in Superintendent Dr. James Williams' office. And the 2 hour and 50 minute meeting would have ended much differently if not for the last minute swing vote of board member Ralph Hernandez. President Mary Ruth Kapsiak abstained.
"We whole-heartedly support raises for the teachers and want a fair and equitable agreement for next year," Hernandez said. "I got calls from teachers on both sides of the issue before the meeting, and my vote to appeal wasn't meant to polarize the board. It was a difficult decision and one I made after I weighed the pros and cons."
Hernandez said the final decision was based on the fact that the teachers' union didn't have an argument, while Williams came in with a model for the ramifications of the proposed raises. "As a board, we don't have researchers. We can't send people out to tell us what the impact will be in terms of numbers," Hernandez said.
Those numbers entailed looking at the model of one teacher's salary with the applied proposed step increases, multiplied by the number of eligible teachers. "We were ready to vote to deny the appeal because we didn't understand the consequences of not appealing as presented by the district," Hernandez said.
The fate of 38,000 students and a $7M budget along with the jobs of over six-hundred new hires comprised of teachers and other school workers were at stake in Hernandez's estimation. While Dr. Williams was accused of bullying by Buffalo, Teachers Federation President Philip Rumore, Hernandez asserts that Williams, with a history in the unions, was better prepared to educate the board and therefore allowed them to make a decision in good conscience.
"It's last one hired, first one fired," Hernandez said. "All of those new teachers who were hired after the residency requirement went into effect would go. That would leave a lot of unemployed people in Buffalo."
There is another meeting this coming Wednesday. Hernandez said that he's already received 35 to 40 emails from new teachers who say they will be there to support the vote for an appeal.

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Comment Options
AtwaterLouse
Good for Hernandez. He did the repsonsible thing, and I hope he stands his ground at next week's meeting where according to tbe Buffalo News the appeal might have to be authorized again but another member who voted for the appeal will be absent.
I won't claim to know what the right court decisions should be, but the appeal should be made if for no other reason than to establish the official definition of wage freeze once and for all so both sides know what it is.
If the city loses appeal, then consequences will be dealt with and the Control Board might have to restart the wage freeze and this time realize they can't remove it until enough reserve is built up to pay step raises. Really this uncertainty seems fault of the state legislators who wrote the control board law. Rules for step raises should've been clear in what the legislature passed, not punted down the road for judges to decide and taxpayers to pay lawyers to fight about.
But just to walk away from appeal at this point won't accomplish anything. The budget gaps and animosity will be here for years to come. Making any progress will require having the rules fully known by both sides.
If BTF had lost previous court ruling they would've filed an appeal already no questions asked, so it's typical B.S. of them to now whine against the Board appealing. OTOH, the union funded campaigns of many board members so probably they feel they have the right to make demands on them
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chris69
your right...the Buffalo Teachers Federation doesnt hesitate to appeal until they win and the School Board and the School Superintendent must have the same backbone for the sake of the school, for the sake of the city, for the sake of the kids and for the sake of the taxpayer
Gone are the days when the unions can just make demands and it gets legislated to the taxpayer as an increase instead of dealing with the job of management.
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AtwaterLouse
Yeah, even if they lose appeal they'd be no worse off and it's worth legal fees at this point in exchange for pretty good certainty before next steps about layoffs, negotiations, control baord doing re-freeze, whatever. And there's some chance they win appeal, who knows, and then their bargaining position would instantly improve.
Can't even think of one legit argument for not appealing, unless BTF suddenly proposes some serious long term give-back plan. Pretty unlikely to say the least.
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chris69
look the Buffalo Public School System has no credibility with the taxpayer and the city government because it repeatedly get run over by the unions
the unions win lawsuits
the unions win arbitration
the unions stack the school board
and it never ends...so I say layoff the 600 teachers and close a grammer school and high school. Send the kids to charter and parochial schools....but for the love of pete ... dont expect the taxpayer to make up for the lack of backbone of the superintendent and school board.
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viking
This is a band aid on the problem, the teachers and their pay is only part of the problem, review of the administration and policies which require expensive record keeping is also in the mix. It would be interesting to find out how many employees are actually involved in instructional teaching verses record keeping and administration. In conversation with educators, it becomes apparent they know where the waste is, where the almost no show jobs are, and both the teachers and administrators don't want real change because individually it could affect them. It appears we spend more on monitoring results than obtaining results in education. A look at the administration reveals experts at every facet of the process monitoring activities, what should happen is those experts should be teaching as their title implies. The older, better paid teachers spend less time in the class rooms and prefer to do so.
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buffaloteacher
1-Some clarification-this court case will be appealed regardless of whether the Board of Ed chooses to appeal the ruling(The Control Board has already sought an appeal). 2-It is always very dangerous to rely solely on one side of an issue to formulate an opinion. 3-Things are not always the way the good Dr. Williams claims they are.Please do more to check out the real factson ALL SCHOOL ISSUES.
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chris69
isnt that the truth.... There is a male teacher in the Buffalo Public School Systems close to retirement age and to listen to him talk he is running the school while the principle takes a day off, he is setting educational policy and complaining about kids and parents.....in other words....he is doing everything but teaching
He also managed to get one of his friends a job as something like a teachers aid or secretary to the principle or something like that and she uses her computer for personal projects, makes and receives personal phones constantly thru the day and doesnt even need to show up to get paid..because as she says the principle likes her.
Well, with crap like this...is it any wonder why both the unions and the school boards always turn to the taxpayer for more money. Who wouldnt love a teaching job that one doesnt have to teach and who wouldnt love an administrative job where one doesnt have to show up...and if one does....they can work on personal projects rather than professional. Youd think that this was the 1960s that a principle cant type on a computer himself and still needs a secretary for dictation...thats how bad public schools are...
Public schools....ITS LIKE DESCRIBING THE MORBIDLY OBESE AS ANOREXIC.
I say let the taxpayers close a few schools....let schoools compete with charters, parochial and private schools via choice and vouchers and end all this non-sense. Hey your kids cant get jobs here and school taxes are just one of the taxes that are the highest in the nation acting as an incentive for an employer to bypass us but hire our kids elsewhere.
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hashma
You know its the complete opposite at the Ken-Ton schools. Yes, the union has power, but the older, more experienced teachers are the ones instructing the AP courses (I know, I went to Kenmore East) and Honors courses as well as being department chairs. My old AP European History teacher is always bustling about getting things fixed and running his classes and the History department. They are actually doing their job, unlike Buffalo. For once the city needs to look at one of its older suburbs for direction, because Ken-Ton is doing a much better job than Buffalo right now in anything school related.
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musique
Stop slandering Buffalo Teachers. Most of us work our b@tts off every day. I DARE you to come in and try my job for one day. I will stay and make sure the children don't eat you alive... but just.. come on.
It seems quite clear that the people criticizing us have very little idea what it's really like. You can cite a few bad examples of people acting unprofessionally... but by NO means does that apply to most of the very hard working people in our district.
As regards Hernandez's vote to appeal... by this article it sounds like the Board didn't have a clear understanding of the Union's argument?? Is that what you meant, Ms. Buscarino?? Or that he didn't think their argument was valid?
Either way... the union certainly does need to step up and explain where the money will come from... because I have heard discussions about that amongst teachers. The Board of Education would not HAVE to lay off new hires to honor the contract (the contract THEY agreed to)... There must be other ways of managing the budget across the system to satisfy their legal requiremet....without damaging academic services.
Also... regarding the comment above about needing the rules about wage freezes to be made more clear... it's quite obvious that the rules ARE clear. Judge Mikalek's decision called it "unambigous"... So... the Board needs to play by the rules, and needs to play FAIR.
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tudorguy
for Chris69: while I don't condone using work time for personal projects, I'm sure you've never heard of white-collar people using their computers for personal projects (online shopping, chat?) or their phones for personal calls? Most teachers I know don't have phones in their rooms nor do they have any time for non-school related projects. You heard about an exception, not the rule, and that happens EVERYWHERE people work.
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Balth
You do realize Musique, that the voting public has lost ALL trust with the Board of Education, and the BTF. The media plays out these spats between Williams and Rumore, and both of their credibility suffers. I realize that teachers do work very hard, and some of these children are ANIMALS. Teachers do deserve a raise. These are not teachers who teach in comfy suburban schools, where the biggest problem is drug use. These are teachers who have to teach a state mandated curriculum, and try to keep grades up, to keep their schools from closing. Try teaching a child anything if they are not willing to learn. The problems teachers have to deal with stem from poor parenting. And I don't mean poor parenting like giving the kid too much ice cream. These kids come home from school to no parents, in shabby neighborhoods. Some of these parents only care about themselves, and this type of thinking is passed on to their children. These children are now forming the generation of NO RESPONSIBILITY, and they learn it straight from their parents. I was just at Grover Cleveland High School on thursday when a fire alarm was pulled by a female student (first one this year by the way. Also, there have been no fights there either this year). A teacher watched her pull the alarm, and when this student was accused, she broke out screaming that it wasnt her, cussing at the administration, and becoming violent. Now tell me, do you think she cares to learn about social studies and math? The Grover Cleveland program is being phased out, and is becoming a Prep School, by the way.
On the other hand, where do teachers think that the money is coming from to pay them their step raises? I swear that people think there is a money tree growing in the basement of city hall. There are over 5,000 employees that work for the board of education, and all need to get paid. I do realize that the BTF signed a contract with the board of education that stated they shall receive pay increases, but the money IS JUST NOT THERE. You cant get blood from a stone. With deteriorating neighborhoods like Riverside, Black Rock, University, Lovejoy and Kaisertown, the strong tax base paid by owner occupied homes usually containing families is eroding fast. This administration doesnt seem to get the big picture that middle income families really keep neighborhoods strong. People can no longer afford the upkeep on their homes, and usually try to sell, but it is hard to sell a house that needs major upgrades.
Anyways, all this boils down to is that it is nearly impossible to pay all of the step increases that teachers are asking for with the current state of the city's tax base. Improve neighborhoods, improve the tax base, get more raises.
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ECB
Musique-
Hernandez said the final decision was based on the fact that the teachers' union didn't have an argument, while Williams came in with a model for the ramifications of the proposed raises.
I didn't personally mean anything. Hernandez said that the BTF didn't have a counter-argument and that they need to convey differences. He also said that the union didn't prepare their rationale in terms of numbers in previous weeks.
I asked him if the union was allowed to counter at Wednesday's meeting and he said that on that night, they were only there as spectators, "for the vote".
Without being able to assume intentions or see outcomes, it made me think that some models with numbers would come in from the union this Wednesday. I mean, it sounded like an invitation to me (as a civilian).
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musique
ECB... Thank you for your clarification. That is a major difference. The union was not permitted to state an argument ... or a counterargument... or present alternative solutions to the Board of Education before they made their preliminary vote to appeal. Well... it's my understanding that Rumore has the information available, I spoke about it the other day with the BTF rep in my building. She was fresh back from the BTF meeting. I still don't know the details specifically...so... I'm just as interested as everybody else to see plans for alternative solutions get out to the public.
And this conmnects to Balth's comment... you are so right about the sides of this situation being "played out" in the media. If you only read the News you get charicatures of both Williams and Rumore. You really have to read between the lines... and dig behind the scenes to get the whole picture.
And, regarding our distraught community, believe me, I KNOW. I live in the city. And... as a Buffalo Teacher I can't afford to live over by Elmwood, etc. So... I know what is going on. But... a big piece of bringing people back into the urban landscape, as residents and business owners, is to improve our schools. You cannot improve schools without paying competitive wages—and treating the employees fairly and predictably. It's worth figuring it out...because it will also keep wages on par with the suburban districts --and ensure that excellent, experienced teachers remain in the district, and fresh, young people will choose to make their careers here.
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pegger
I was pleased to see that actual teachers responded to this post. It takes a lot of courage for them to speak publicly. In most cases, when a teacher writes in a forum such as this (or especially a letter to the editor in a newspaper), it is an open invitation for those outside the profession to respond with those negative stereotypical grievances reflected in some of the posts here. I applaud those teachers who took the risk to comment. As a retired teacher who has no stake in this particular dilemma, I feel I must add my support. From what I read, there is precious little here.
It is obvious that the general public has no real idea what really goes on in public schools or the challenges teachers and students face. Nor do they know of the vast preponderous of dedicated professionals that comprise this field. I like the comment that people who abuse their time and position can be found in any industry. In more than 30 years of my experience, I have rarely encountered such teachers of this ilk. Rarely. Counter to the misconception that teachers can't be fired, there really are ways to "encourage" these people to leave.
Poverty and funding are the issues here. I have worked in both urban and suburban school districts. Poverty makes a HUGE difference in teacher effectiveness and student learning. To say that Buffalo has no shortage of poverty would be a gross understatement. The students bring all the concommitant issues (not enumerated here) to school with them.
Taxes are frequently mentioned as the major concern and this aspect of public attacks on the schools is a valid one in NYS. They are outrageous. Several states have radically changed the way school are funded. They have restructured the way taxes are collected and distributed. In these states, the pot is divided into per pupil allotments which essentially means that each district, regardless of wealth, receives the exact number of dollars per student as the next. This eliminates the inequities guaranteeing that children of poverty get the same monies as the wealthy.
Buffalo schools will continue to be underfunded under the current system. Without some intervention,the spiral effect persist. Public education is so very extremely important to parents that it will continue to keep middle class families out of the city further exacerbating the decline. Yes, you can't get blood from a stone. And, you can't give teachers serving in difficult environments combat pay. Teachers in Buffalo should be thanked for working under intolerable conditions basically subsidizing the citizens by their personal and financial sacrifice.
All the dicscussion about unions, laziness, summers off ad infinitum is extraneous and undeserved. These teachers are not parasites greedily feasting on the heavily burdened taxpayers of Buffalo. I applaud them.
Attacks welcome! The more irrelevant, ignorant and fallacious the better.
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gretchencercone
My son attends a Buffalo Public School. Last year, I spoke at a school board meeting about the outstanding teacher he had. The teachers at his school spent last Saturday (and many, many, hours after school over the past two weeks) packing up their classrooms to move to another school when the school needed immediate repairs. They asked for nothing in return, and even donated money of their own to contribute to a fund for the maintenance people who helped them move over the weekend.
The Buffalo schools are not filled with "animals," nor are they full of teachers trying to milk the system. Are there difficult students in the schools? Yes. Are there teachers counting the days to their retirement? Probably. But, I taught for 10 years in a suburban district where I could also answer yes to both of these questions there.
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viking
Gotta wanna, thats the catch phrase in education, no amount of money or monitoring will solve the problem of children not motivated to learn. Coercion sucks but it may the only way to get some kids to behave in school and parents of problem kids to be responsible for them. If it's mandated to be at school make the choice of a good learning experience that's pleasant , or one that has a lesson about noncompliance and consequences.
One of my closest friends is a teacher of Special Ed, there is no way in hell that I'd put up with what he has to on a daily bases for any amount of money. Our biggest argument is that I refer to his situation as baby sitting of problems, not a solver of them. Take the problem individuals out of the class rooms allow the teachers to do their job. Place these problem kids and their parents in a position to experience the consequences of being the problem. A watch dog with no teeth, gets no respect.
If the kids behave like criminals treat them like criminals, a duck is a duck, no amount of makeup is going to make it a parrot. If a situation can't be modified then it needs the management appropriate to that situation. The refrain is that the reward for doing their job must be financial for teachers, because of their working situation, change that situation and maybe less pay and more satisfaction of accomplishment could be true.
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buffalocat
I agree with Pegger. I haven't taught in Buffalo public schools, but I do have a husband and a close friend who do, and I taught in an inner-city district for 3 years. And I can wholeheartedly agree that the public really doesn't know what's going on. And I'd like to add that I don't think the school board or BTF know either. Buffalo is a large, overstuffed district. I don't think giving these raises would be like getting blood from a stone, I think it would mean re-evaluating how what money is being spent on. I'm sure the general public doesn't realize this, but Buffalo schools (as most other struggling districs in this day of NCLB) constantly change curriculums - like annually. This costs serious money, but the new plans are abandonned after one or two years (before real results could be measured anyway). Stop that insanity and focus on sticking with a curriculum. That would save a bunch of cash.
And, for Hernandez and those who agree that BTF didn't provide any argument, isn't the argument that the Buffalo Public School system SIGNED A LEGAL CONTRACT agreeing to pay these raises each year? I mean, I understand that now there isn't money or whatever, but that's why you need better projections, better contract negotiations, etc. People planned on receiving those steps each year, and certainly there were many who had calculated what their salaries would be come 2008, and who are now making several thousand below that mark. I'm not saying I agree entirely with BTF, but a contract is a contract.
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AtwaterLouse
The thing is, public employee contracts don't stand by themselves and never have. They're always in the context of a big bunch of state labor laws, and this is well understood by both sides.
Often times over the years these laws have worked to the advantange of the BTF and other unions in various ways when they've won court rulings. This time it might possibly work against the BTF if a higher court rules the legally binding legislature-authorized wage freeze applies to the salary step increases. Or it's also possible the higher court rules how the BTF wants.
I don't have a legal opinion either way and am not qualified to interpret those laws. Seems to me the legislature could and should have made this clear in how the control board law was written instead of leaving the step increase aspect up to the courts. The law did authorize wage freezes and courts have upheld legality of those, even though one could argue those are inconsistent with contracts as well. But the law didn't say one way or another whether the freeze applies to step increases, so now the court process should clear that up. As mentioned earlier, there's no doubt the BTF would be appealing if the initial ruling had gone against them.
Larger issues people have commented here are interesting and deserve consideration from the governor and legislature where those decisions are made. But the Board of Ed isn't in a position to make big changes in how education is funded or organized. They were elected to deal with the amount of funding they have in as responsible a way as they can. If the appeal favors the BTF (or if BTF-supporting Board members block the appeal) it seems that will result in a lot of layoffs and cutbacks.
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