December 2004

VOL. 15 NO. 5

CCASAPE recently submitted a letter to Mr. Garcia outlining a number of concerns regarding the manner in which CCSD employee investigations are being conducted.

CCASAPE’s concerns regarding current District Legal Department procedures for employee investigations are predicated upon two beliefs. First, it is CCASAPE’s opinion that the CCSD Legal Department often operates from the mindset that the employee is guilty until proven innocent. CCASAPE believes that CCSD attorneys are too quick to assume employee guilt and their initial mindset often creates a biased investigatory process. Additionally, CCASAPE maintains its previously stated concern that CCSD attorneys are driving employee discipline decisions. CCASAPE believes that any decisions regarding employee discipline must be made by the administrative supervisors.

Secondly, CCASAPE believes that CCSD police detectives frequently assume employee guilt prior to collecting the necessary facts to substantiate such an opinion. Employees under investigation are frequently the targets of discourteous and unprofessional treatment. CCASAPE is very concerned about the elongated and unprofessional manner in which the investigations are sometimes completed.

CCASAPE’s letter to the Superintendent outlined specific instances in which inappropriate investigatory practices had occurred. CCASAPE requested that a District investigation regarding these incidents be conducted.

CCASAPE believes that attorney and/or police detective investigations must be conducted in a timely, professional, courteous, and dignified manner. Discourteous treatment of administrators, overzealous investigatory practices, biased and unprofessional comments by CCSD police detectives or CCSD attorneys, and investigations with predetermined outcomes have no place in the Clark County School District.

CCASAPE is requesting administrators who have concerns about investigatory practices or experience (or witness) inappropriate behavior on the part of CCSD school police detectives or the CCSD Legal Department during employee investigations contact the CCASAPE office.

All administrators are reminded that the administrative classification / reclassification system is a dynamic process that is subject to regular review. Changes or revisions to the system can only occur through negotiations between CCASAPE and the District.

In a previous Unifier, members were notified that CCASAPE would seek input from administrators regarding the compensable factors. To this end, an input meeting has been scheduled for Thursday, January 20, 2005, at 5:00 p.m. The meeting will be held in Room 254 at Valley High School.

Input collected at this meeting will be shared with the CCASAPE Representative Council and with the CCASAPE Negotiations Committee. A final decision will then be made regarding what changes, if any, will be discussed in negotiations with the District. Negotiations with the District will begin after February 1, 2005, but will not be completed until after the 2005 legislative session concludes in June.

Article 21-5 of the negotiated agreement between CCASAPE and the District provides that the District contribute $5.80 per administrator, per month, to the “School Administrators’ Welfare Trust Fund” for health insurance assistance for retired administrators. CCASAPE pays $450.00 annually in June or January to each eligible retired administrator for the first five years following retirement. This January CCASAPE will distribute $57,150.00 to eligible retired administrators for retiree health insurance assistance.

Article 21-8 of the negotiated agreement provides that the District contribute $6.65 per administrator, per month, to the “School Administrators’ Welfare Trust Fund” for unused sick leave reimbursement. Eligible retired administrators receive $10.00 per day for up to 250 days of unused sick leave in either June or January following their retirement from the District. This January CCASAPE will distribute $61,440.00 to eligible retired administrators for unused sick leave.

With the January 2005 payouts, CCASAPE will have paid out a cumulative amount of $902,760.00 in unused sick leave and $690,750.00 in retiree health insurance assistance for a combined total of $1,593,510.00 since these payouts were begun in 1987 and 1990 respectively.

CCASAPE will notify the District prior to February 1, 2005, of its intent to reopen contract negotiations. Final money decisions regarding negotiations cannot be made until the 2005 legislative session concludes. In preparation for opening negotiations, CCASAPE staff is completing a detailed review of the current contract. Additionally, CCASAPE requests that administrators forward to the CCASAPE office or to any member of the Negotiating Team any items or topics to be considered during this year’s negotiations. Members of the CCASAPE Negotiating Team include Jerry Boles, Mark Coleman, Cathy Conger, Dusty Dickens, Jamey Hood, Ron Montoya, Joe Murphy and Jessie Phee.

Please be reminded that any administrator planning to retire on or before June 30, 2005, (will not begin employment in the 2005-2006 school year) must schedule a meeting with the CCASAPE staff and complete the form to participate in the retiree unused sick leave payout, retiree health insurance payout, and retiree life insurance / retiree long term care programs. THE FORM MUST BE COMPLETED AND FILED WITH THE CCASAPE OFFICE PRIOR TO MAY 1, 2005, IN ORDER TO PARTICIPATE IN THE JUNE 2005 PAYOUT. Please call the CCASAPE office at 796-9602 if you have any questions.

Also, as a reminder, any retiring administrator who is 55 or older or who will turn 55 in the calendar year of his/her retirement will automatically have the final vacation payoff deposited to the 401(a) qualified tax deferred plan at Bencor Inc. Participating administrators will avoid the payment of Medicare tax and will postpone and possibly reduce the payment of federal income tax.

CCASAPE has joined with staff at AIG VALIC to schedule quarterly administrator information meetings regarding the 401(a) Plan, related investment options, and other qualified tax plans. Mr. Paul Larson in the local AIG VALIC office will be assisting administrators with various investment options associated with the 401(a) Plan. Two information meetings have been held thus far this school year. The next quarterly meeting is scheduled for March 9, 2005 at the CCASAPE office. Please mark your calendars now!

If you have questions regarding the scheduled meeting or any aspect of the 401(a) Plan, please do not hesitate to contact the CCASAPE office or Paul Larson at AIG VALIC, 796-0047.

Between July 1 and December 31, 2004, thirty nine administrators retired from the Clark County School District. Retirees include Cathy Andrews, Billy Chapman, Steve Henick, Pam Salazar, Julee Henson, Claudia Johnson, Rosemary Murphy, Robert Andrews, Mel Beech, Sharyn Buck, Theresa Castillo, Albert Davis, Ruby Epps, Betty Gallifent, Mary Harris, Susan Huff, Alyson Hughes, Anika Johnson, Curtis Jones, Mary Manchego, Dave Price, Pam Radke, Diana Redman, Gloria Sizemore, Tom Whitson, Phil Barra, Shelly Channel, Ernie Jauregui, William Partier, Thurban Warrick, Stella Helvie, Tom Gifford, Charles DeClercq, Brad Reitz, Pennith Love, Steven Loyd, Lois Venger, Rho Hudson, and Tom Hedden. CCASAPE appreciates the many years of service these individuals have given to the students of the Clark County School District. Congratulations and best wishes are extended to these latest retirees. It has been a pleasure working with each of them.

The Administrators’ Advisory Council held its second meeting of the school year with Superintendent Garcia on Tuesday, December 14, 2004. The Administrators’ Advisory Council consists of the CCASAPE Executive Board (Joe Murphy, Cathy Conger, Jerry Boles, Bart Mangino, and Barbie Holmes), Presidents of CCAESP and CCASSP (Marilyn Miks and Beth Howe), the non-licensed representative on the Representative Council (Jeff Hafen), and Allin Chandler and Stephen Augspurger.

Topics discussed during the meeting included current and future teacher shortages, student teacher training model, ongoing concerns with the District’s inability to provide a sufficient number of substitute teachers and substitute support staff, structured teacher planning time, CCSD employee investigations, and the administrative selection process.

Space and printing timelines will not permit a full reporting of the discussion with the Superintendent regarding each of these topics. However, under the topic of CCSD employee investigations, the Superintendent did indicate that a meeting had been held with region administrators and CCSD attorneys. During this meeting Mr. Garcia informed the attorneys that their role was to provide advice and that the region administrators would be responsible for making decisions regarding employee discipline. CCASAPE has long been concerned that CCSD attorneys were driving employee discipline, a role that CCASAPE believes is the responsibility of the supervising administrator.

The CCASAPE staff is working in preparation for the opening of the 73rd Session of the Nevada Legislature. The mandated 120-day session is scheduled to open February 7, 2005. CCASAPE will again participate with NASA in a joint legislative effort. Frank Brusa, former CCSD principal, and Lonnie Shields, former Executive Director of the Washoe County Administrators Association, will serve as lobbyists. Both Frank and Lonnie are jointly funded by CCASAPE and NASA. Frank and Lonnie will assist CCASAPE and NASA by:

• Identifying legislation that will impact CCASAPE and NASA;
• Tracking legislation through the hearing process;
• Assisting with testimony and/or identifying the best spokesperson to present the testimony;
• Coordinating legislative strategy;
• Assisting in the candidate endorsement process; and
• Identifying the critical legislators for each piece of legislation and ensuring access by CCASAPE and NASA.

The CCASAPE Legislative Committee will provide valuable assistance throughout the legislative session by reviewing the written analysis of each of the education related bills that are provided by Allin and Stephen. This analysis will then be forwarded to the other participants of the CCASAPE / NASA legislative effort. CCASAPE bill analysis will also be shared with the CCSD lobbying team consisting of Joyce Haldeman, Craig Kadlub, and Karyn Wright. Members of the CCASAPE Legislative Committee include Monty Bay, Derek Bellow, Alan Bowman, Teddie Brewer, Lisa Cano, Maria Chairez, Sue Daellenbach, Sue DeFrancesco, Jessica Giallanza, Shannon
Johansen, Bart Mangino, and Sandra Ransel.

On December 9, 2004, the CCASAPE Representative Council held its regular monthly meeting. The major items discussed included the following:

1. The revenue, expenditures, and balances within the CCASAPE Association and Trust Fund Accounts;

2. A review of the status of:

A. Unused Sick Leave / Retiree Medical Assistance Payouts – Revisions of the projected January payouts for unused sick leave and retiree medical assistance for retired administrators were reviewed and approved. Progress on the required actuarial review of these two accounts was outlined; and

B. High School Principals / Length of Contract – At the November meeting, the Representative Council voted to authorize the CCASAPE Executive Director to enter into discussion with the District to secure the $2,000 activity stipend which is currently paid to all high school deans and assistant principals and the principal at Spring Mountain School for the rural high school principals in Boulder City, Laughlin, Mesquite, Moapa Valley, and Indian Springs. A status report was provided;

3. New Business:

A. 2005 Legislative Session – CCASAPE / NASA lobbyist Frank Brusa is arranging a meeting with Governor Guinn and with Education Committee Chairperson Bonnie Parnell to review critical issues and concerns. Additionally, over 800 bills have been submitted thus far with 95 being related to education;

B. Professional-technical Employees – A status report on the 60 support staff employees who will become professional-technical employees was provided. These employees will be eligible for CCASAPE membership;

C. CCASAPE Retreat – All arrangements for the full day business meeting in Mesquite on February 11, 2005, have been completed. The agenda for the meeting will be finalized at the January Representative Council meeting;

D. School District Employee Investigations – Stephen outlined CCASAPE’s concerns regarding CCSD employee investigations. A letter is currently being drafted to Mr. Garcia to memorialize these concerns;

E. Humana Dental – Ongoing performance issues related to Humana Dental were outlined. CCASAPE is currently working to implement performance guarantees and penalties to ensure a higher level of performance;

F. UNUM Long Term Disability Contract – The current contract expires February 1, 2005. The CCASAPE broker, Tim DeRosa, is currently securing proposals from various vendors;

G. December 14 Administrators’ Advisory Council Meeting – Agenda items for the next advisory meeting were identified; and

H. Nevada Public Employer Labor Relations Association – Approval was granted for Allin and Stephen to attend the Association’s annual conference for a total registration fee of $250.00.

4. Committee Reports:

A. CCAESP – Marilyn Miks, CCAESP President, reported on topics recently discussed with Dr. Orci;

B. CCASSP – Beth Howe, CCASSP President, reported on the progress of the association with regard to the development of professional development activities for secondary administrators and on association efforts to better serve its members; and

C. Legal Committee – Cathy Conger, Committee Chairperson, reported there was no Legal Committee activity.

5. Executive Director’s Report - Stephen provided a review of the accountant's report, the membership report, and the various CCASAPE activities and the types of assistance provided to CCASAPE members.