In a special meeting held on Thursday, June 3rd, the Fillmore School Board of Trustees unanimously approved Resolution 09-10-25. By passing this Resolution, the Board has granted themselves the ability to circumvent part (Article 10) of their collective bargaining agreement with the Fillmore Unified Teacher Association (FUTA), and thus giving themselves “sole discretion” in making transfers and reassignments “to and from” Piru Elementary School for the 2010-2011 school year. In letters dated June 4, 2010 five teachers at Piru Elementary School were notified of their reassignments. Four of these teachers were petitioners in the effort over the past year to convert the school to a charter school; these four teachers are Mrs. Susan Jolley, Ms. Shara Elliott, Ms. Jill Kelley and Mr. Chris Pavik. A Piru second grade teacher, Mr. John Schaper who was opposed to the charter petition has also received a transfer notice. Schaper did not respond to requests for comment. The letter to teachers signed by Superintendent Jeff Sweeney states that this action is “non-disciplinary”, and does not signify that the District is charging any teachers with “specific acts of misconduct”. Sweeney states in the letter that this is “one of a number of changes that will be made to begin the healing process of the Piru school community…” At press time Sweeney was unable to respond to comment requests due to not having enough time with end of year business. School Board members did not respond to requests for comment made via contact information provided on the District website.
The text of the Resolution contains 14 paragraphs describing why the Board feels action must be taken. Nine of the paragraphs clearly make reference to the fact that certain teachers were part of the charter petition over the last year. The Resolution states “fifty percent of Piru Elementary teachers submitted a petition to the District…seeking to convert Piru Elementary school to a charter school”…”the petition to convert Piru Elementary to a charter school was opposed by other Piru teachers, many classified staff and a majority of Piru parents”…” throughout the entire hearing and appeal process, both proponents and opponents vigorously advocated their position”…”on June 1, 2010 the District received a petition signed by 97 parents, expressing and requesting the removal of certain Piru Elementary teachers who were proponents of the charter petition.” The entire text of the Resolution is available to the public at the School District office.
The bargaining agreement between the District and the FUTA makes sure that the District abides by rules when it makes decisions that affect teachers and the schools it serves, and that decisions affecting teachers are based on a fair process. Article 10 lays out how and when a District may implement involuntary transfers, normally the process relates to seniority (which teachers have been at a location longer), and which teachers have particular expertise as “related to program needs”. Article 10.4.3 states “In making an involuntary transfer, the District shall not act arbitrarily, capriciously, punitively or without basis in fact”. By granting themselves authority to circumvent Article 10 of the bargaining agreement, the Board has made it possible for them to essentially remove all protections granted to teachers under the agreement relating to “Transfer and Reassignment”, and by declaring that such transfers are “non-disciplinary” the Board seems to have removed any recourse for transferred teachers who wish to contest the transfer.
This action is the second apparent attempt by the School Board to help with the “healing process” at Piru School. The first as described by Sweeney at the June 1 regular School Board meeting, was the hiring of Mrs. Cynthia King as a mediator. Ms. Lynda Catalano, a kindergarten teacher at Piru School, in response to the action taken by the School Board stated “I do not think the district acted in good faith by bringing in Cynthia King as a mediator to help "healing" begin, and on her first day voting to split our staff up. This is punitive and certainly not in the best interest of students.” Catalano reported that King had met with staff at Piru School on June 3 and 4, while the Board was taking this action, and that King seemed surprised by the Boards decision. By press time King had not responded to requests for comment. Mr. Chris Pavik, a teacher at Piru for over 20 years, and a lead charter petitioner also feels that these actions “are punishing me for doing something wrong. I would like to know exactly how my presence on the campus is harming the learning environment. “ By taking this step, Pavik continues, the Board has essentially striped certain teachers of many of their contractual rights, including the right to the process involving public charges, and that the Board has violated their own policy regarding public charges. Pavik states that since the Board makes reference to signatures received asking that teachers be asked to leave Piru School, those teachers listed must be provided with the document received by the District, and that the proper process as lined out in the bargaining agreement and as stated in the School Boards policy be used to resolve the matter. Pavik feels that by naming this as an “emergency” the Board has essentially created an environment where they can do as they wish without any protection for the teachers. Mr. Danny Ramirez, a nearly 53-year resident of Piru, who attended Piru Elementary and graduated from Fillmore High School, feels this is punishing the teachers as well. “I have always had trust in the teachers at Piru… in all the teachers… [This action] is upsetting to parents and students who were expecting to be taught by these teachers. My question is why? Why did the school board feel there is an emergency? What have the teachers done?” In a recent communication to FUTA members, Ms. Theresa Marvel, a health education teacher at Fillmore High School asked similar questions of this action “Does this mean that if you stand up for your rights the district and the school board can declare an EMERGENCY and suspend any part of the contract so that they can behave punitively and with malice?”
The Resolution passed does declare, “Many teachers at Piru Elementary have indicated that the school’s instructional climate has deteriorated due to the tension among staff and between parents and proponents and opponents”. And it seems that the Board feels that this constitutes an emergency serious enough to take “unusual and inordinate action”. This reporter is waiting for clarification from Sweeney regarding how long this Resolution is in effect.
