CAUSE ADVISORY

[ CAUSE – OPEN LETTER * Court Reaches Decision * CUSD ordered to Reinstate Union [CAUSE] President ]

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Dear CUSD Faculty, Support Staff, Parents, and Community Partners,

The court has ruled.

In summary, the Union wins another important legal battle.  Carpinteria Unified School District [hereafter CUSD] is required to reinstate employee Union President, Jay Hotchner !

Employee Union Leadership is pleased to announce the decision from the Commission on Professional Competence.  After being unfairly and illegally placed on unpaid administrative leave for the last two school years, the Commission has fully reversed the District’s actions and directed the CUSD to make our CAUSE President, Mr. Hotchner, whole.

Some details that stand out:

* Even though the District was only required to meet the legal standard of a “preponderance of evidence,” the District did not provide sufficient evidence to justify its actions.  The Commission found the dismissal not warranted.

* The decision by the three-member Commission (made up of an administrative law judge from the state’s Office of Administrative Hearings, and two certificated persons employed by other school districts; one chosen by Mr. Hotchner and one by CUSD) was unanimous.

* Although the District charged and continues to publicly make unfounded accusations of salacious and immoral conduct by Mr. Hotchner, the Commission determined that CUSD did not establish that Mr. Hotchner’s actions were indecent or immoral; finding that there was no improper motive for Mr. Hotchner’s behavior.

* Although the District charged and continues to publicly make unfounded accusations of dishonest conduct by Mr. Hotchner, the Commission determined that CUSD did not establish that Mr. Hotchner engaged in acts of dishonesty.

* The Commission determined that dismissal is not warranted, because the District failed to establish that Mr. Hotchner is unfit to teach.

* The Commission ordered, “The Statement of Charges against Respondent John Hotchner is hereby dismissed, and he shall not be terminated as a permanent certificated employee of Carpinteria Unified School District.”

* After already spending approximately $2,500,000 to discredit and malign Mr. Hotchner’s performance and efficacy (i.e. monies that could and should have been spent on students and District families), the CUSD is now:

1. Required to compensate Mr. Hotchner for all lost wages, lost leave, STRS contributions, and monies spent as a result of denying his access to healthcare, with interest.

2. Required to reimburse all Mr. Hotchner’s legal fees, which the Union has been paying, at market rate.

3. Responsible for the costs of the 20 days of hearing, including the cost of the administrative law judge.

How does the decision protect District employees, students, and families?

This is not the first time Union Leadership has been attacked and maligned by current District Leadership (Case No. LA-CE-6522-E PERB Decision No. 2797 – November 16, 2021).  In 2021, the District was found guilty of “retaliation” & “discrimination” against Mr. Hotchner.  Even under appeal, that decision was upheld, and the District was ordered to “cease & desist” engaging in said behavior.

To be clear, the Union understands the District’s more recent action to remove Mr. Hotchner as further retaliation against Union Leadership; primarily for Mr. Hotchner’s advocacy on the behalf of District employees and the families they serve.  The District is likely well aware that such actions send waves of concern, fear, confusion, misinformation, and incendiary rumors around both the District and our small community.  It is not difficult to understand how the District’s attacks on Union Leadership could clearly limit the voice, participation, and rights of employees, or how the District’s attacks silence District employees and community members who wish to contribute their professional and/or families’ experiences, insights, concerns, and suggestions.

Fortunately, the Commission’s decision further protects the rights and opportunities of CUSD employees and District families to fully participate and have influence on critical decision-making processes in the District.

Moving forward.

The Union is awaiting the District’s decision as to whether they will spend even more of the public’s money on an appeal.   Meanwhile, Union Leadership will continue to coordinate the high-quality advocacy we were elected to provide District employees; advocacy we are known for delivering and our members have come to rely upon.

We wish to express our appreciation to our colleagues, counsel, family & community members, the leadership of both the California Federations of Teachers [CFT] & the American Federation of Teachers [AFT], and others who supported Union Leadership throughout this process.  Your trust and confidence remain of enormous value.

If Union leadership can be of any support to you, regarding workplace conditions, workplace environment, contractual matters of any kind, and/or issues of employee or student health & safety, you are welcome to contact us directly: cause.cusd@gmail.com .

~ CAUSE Executive Board

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* C.A.U.S.E. – Yes We Can ! *

CAUSE ADVISORY

Where’s “COACH”?

The Resignation of a Talented & Professional CUSD Colleague.

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CMS Colleagues,

Many have been asking the same question, “Where’s, Coach?”

Unfortunately, Rene Carranco, affectionately known to students and colleagues as, “Coach,” no longer works with the CUSD.  His resignation was officially finalized at Tuesday’s School Board Meeting. (See the attached PERSONNEL REPORT)

When Coach arrived to work on Nov. 7, 2023, he had no intention of resigning from CUSD.  He was recognized as a talented and professional adult on campus.  He took his job seriously, had created meaningful relationships with students and his colleagues, and was proud of the service he provided District families.

On that same day, a CMS student was found with a weapon (a gun) on campus.  Although the exact nature of the gun remains unclear, the event required the involvement of law enforcement, a picture of the gun was taken, and a police report was filed (Case No. 23-115-57).  Instead of initiating either HOUR-ZERO or the new I LOVE YOU GUYS: Standard Safety Response Protocols (i.e. the routine school site SAFETY protocols), CMS Principal O’Shea chose a more personal approach to dealing with the potential threat posed to students and employees.

That evening, many hours later, the CMS Principal notified staff and parents of the incident.  In a patently inaccurate statement, she said, “At no time were any staff or students in danger.”   Principal O’Shea also alleged that the weapon was a “toy gun,” a detail Ms. O’Shea has since contradicted.   Although a public request for information was filed shortly after (see attached), CUSD has yet to confirm the true nature of the gun, instead responding by way of the District’s legal counsel; refusing to produce much of the requested information, including information that does not jeopardize the confidentiality of the student/s involved (see attached).

What many don’t know is that, Coach, on behalf of the students and employees he’s charged to protect in his unique role as a “Campus Supervisor,” contacted Principal O’Shea & Superintendent Rigby after the incident  He shared his concerns and asked pointed questions about the District’s administrative response, which failed to include routine safety protocols for such an event.  Among other details, he was concerned that Principal O’Shea chose (throughout the remainder of the school day) not to notify select employees who needed to know such information to best perform their duties on campus.

As soon as Coach returned to campus after the event, he was confronted by, Principal O’Shea, who was upset that he professionally shared his concerns, asked his questions, and included Ms. O’Shea’s boss (i.e. Superintendent Rigby).   Unwilling to be intimidated by an administrator who appeared to be placing the optics of her performance over the safety of students and employees, Coach immediately recognized the threat that Principal O’Shea’s response represented for those he was responsible for protecting.  Coach refused to support the Principal’s demands to remain silent with his concerns, observations, and questions.

Honorably, and without great fanfare, he resigned immediately.

Union leadership recognizes the personal and professional integrity that Coach brought to Carpinteria Middle School, an environment notorious for its permissive behavioral and academic atmosphere under Principal O’Shea’s supervision.   Those of us who worked with Coach know we are losing a reliable and approachable adult on campus.  He was Campus Supervisor who took his responsibilities seriously; committed to serving and protecting students and his colleagues from the very real harms that exist.    When such employees come forward to share their professional experience and concerns, they should not be confronted, berated, and threatened by their supervisors.   Ironically, by asking questions and sharing concerns with the intent of better preparing himself to support the safety and well-being of students and employees, Principal O’Shea in her misguided way, responded as if Coach was the real threat.

And so it continues.

In the midst of the greatest education sector labor shortage of our era, CUSD continues to exacerbate its challenges by driving away talented professionals like Coach.  For our part, Union Leadership wishes to set the record straight and express its appreciation for the sacrifice Coach made for District students, his colleagues, and their families.

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* C.A.U.S.E. – Yes We Can ! *

CAUSE ADVISORY

Open Letter to CUSD School Board

6 Week LAPSE in CUSD’s SAFETY Response 

* 2023-24 School Year *

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Dear CUSD School Board Trustees:

At the Sept 26, 2023 School Board Meeting, the Union  shared this public comment…

“Although last year’s SAFETY Response protocols, known as HOUR-ZERO, have been withdrawn, nothing has been put in place to replace them on the ground.  The new SRP’s are far from implemented.  

Ms. Rigby confirms that just  this past Monday [sic. Sept.25th], now over 2 months into the school year, CUSD’s Administrators attended the first of two trainings on the new SAFETY RESPONSE PROTOCOLS.  [See attached – A ]  Meanwhile, District administrators continue to direct employees NOT TO USE the HOUR ZERO protocols that will one day be replaced. 

The Union shared concerns about a lapse in the District SAFETY protocols at the outset of the school year [sic, Aug. 26th Board Meeting].  At that time, the Superintendent assured you and the community that there would be no lapse in the District’s SAFETY response.    Well, wrong again.

And if you doubt the accuracy of this evening’s comments, Union Leadership can verify with documentation, including a directive from Canalino Principal, Jaime Persoon, notifying ALL Canalino Employees, “We no longer use HOUR-ZERO...”

Or the email sent to District employees just today, cancelling emergency drills scheduled for today, and stating,  “This drill will be rescheduled and will not occur today. After conferring with the district office, it was decided it would be more practical to have the drill after the new safety training “

In response to the Union’s comments, the Board neither asked CAUSE for clarity, engaged in public discussion, or provided any public response on the topic.   Once again, dismissing its obligation to act as stewards of the District and CUSD’s students and employees.   Therefore, to further demonstrate the accuracy of the Union’s public comments, we are providing both documents and video herein [i.e. as attachments & video links], which verify what we shared above.

The Union is also providing Page 33 of the 2023-24 LCAP

[  D – Pg 33 – 2023-24 Local Control and Accountability Plan (LCAP) – Still paying for HOUR-ZERO & 1:2 million for School Safety Teams !?!?!?! ] .

On this document, you will see that CUSD continues to  pay for the HOUR-ZERO online training, while also claiming the District is spending over a half a million dollars on CUSD School Site Safety Teams [ See attached – D ]  , at the very same time Principals and Superintendent Rigby direct staff to discontinue practicing HOUR-ZERO SAFETY Response Protocols,

CAUSE Leadership is compelled to remind the School Board that all the above is occurring, even after Ms. Rigby assured the CUSD School Board and the community there would be no lapse in the District’s SAFETY protocols and response during the now extended transition period.

See MINUTE * 33:20 –  MINUTE * 34:45 – Aug. 22, 2023 School Board Meeting

 https://www.youtube.com/watch?v=LFtxZ359_ow&t=2324s 

As we stated in our public comments, last Tuesday, “Wrong again!”

…and…

“While the Union and District employees wait for the new SRP’s to be implemented, will the School Board be doing anything to address this predictable and inexcusable lapse in our District SAFETY Protocols and response?

What if something happened yesterday, or tomorrow?”

Union Leadership and the employees we represent anxiously await a resolution to the obvious and dangerous lapse in the District’s SAFETY response, now ongoing for the 6th week of the 2023-24 school year.  We ask the District School Board to act immediately to direct and correct the ongoing condition, documented in this open letter.

Respectfully,

~ j. Hotchner * CAUSE President

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* C.A.U.S.E. – Yes We Can ! *

CAUSE ADVISORY

​LABOR DAY Holiday * 2023

​Do you know the history ?

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​CUSD Employees, Colleagues, and Families,

​CAUSE Leadership hopes this email finds you well on such a great celebratory day.  ​Do you know the history of Labor Day? Did you know you can thank unionized workers for this day-off? If not, here’s a crash course….

The True History of Labor Day

​…or…

The History of Labor Day | Drive Thru History​:

​Some BENEFITS to being unionized:

​

Working in a unionized school district (CUSD), we thought you’d want to know ​some of the benefits of being part of a union.

​Nationally​…

• On average, union workers are paid over 11% more than their non-union counterparts.
• We are 41% more likely to have employer-sponsored retirement plans.
• ​Nationally, among workers covered by a union contract, 94% have access to employer-sponsored health benefits, compared to just 68% of non-union workers.​
• Locally, CAUSE Leadership recently fought for, negotiated, and secured significant HEALTHCARE improvements for District personal; including maintaining fully funded plans while including new plans for part-time workers.

At the State level…

Your Union, the CFT & CAUSE, have been focused on these ​4 ( of 13 ) bills that could transform K-12 Public Education in California!

• AB 938 – The 50% Educator Pay bill;
• AB 811 – the Student Repeatability Bill;
• AB 1699 – First Right of Refusal for Classified Bill; and
• SB 394 – The Green Schools Master Plan.

Th​ese bills have been a huge achievement​, they’ll require a few more steps to make these laws realities, including convincing the Governor.

​We hope you’ll take a moment to remind those around you of the importance of labor unions in the continued struggle to protect safe, healthy, and reasonable working conditions, while we also fight to secure fair compensation and high-quality educational opportunities for the students & families we serve.

​In Unity,

~ j. Hotchner * CAUSE President

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* C.A.U.S.E. – Yes We Can ! *

Last year (22-23), the policy was…

CAUSE ADVISORY

Bargaining Update: July 13, 2023

ARTICLE 15: SAFETY

CUSD Rejects Every Proposed SAFETY Improvement

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District Employees, Families, and Interested Community,

On June 5, 2023, CAUSE submitted its initial proposal on ARTICLE 15: SAFETY.   ( A. CERTIFICATED CAUSE (1st Proposal ) ARTICLE 15 SAFETY 2023-24 )

In hopes of making improvements to District SAFETY before the 23-24 school year begins, the Union joined the District (today) to further negotiate ARTICLE 15: SAFETY.    Upon arrival, the District submitted its first counter proposal on ARTICLE 15: SAFETY.  (  B. CUSD Counter Proposal 1st July 15. 2023 Article 15 Safety CAUSE Certificated 2023-24)  In its counter proposal, the District rejected every proposed SAFETY improvement contained in the Union’s initial proposal.

Unfortunately, it appears that tangible SAFETY improvements will not be put in place by the start of CUSD’s 23-24 school year.  But our effort to pursue these improvements though the bargaining process is far from over.   Still laser focused on ensuring the well-being  of CUSD’s students, employees, and families, the Union responded by submitting its first counter proposal on ARTICLE 15: SAFETY. ( C. CERTIFICATED CAUSE (1st Counter Proposal ) ARTICLE 15 SAFETY 2023-24 )

Towards Progress,

~ CAUSE Leadership

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* C.A.U.S.E. – Yes We Can ! *

CAUSE ADVISORY

2023-24 CERTIFICATED Contract Bargaining Cycle

Update * As of June 14, 2023

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CUSD Employees, Families, and Interested Community Members,

At the most recent School Board meeting, held on Tuesday, June 13^th, the Union shared the following:

(A) During the 22-23 bargaining cycle, District leadership rejected each and every SAFETY improvement proposed by the Union, many of which were designed to standardize our safety practices across the District, improve training outcomes, and directly benefit the well-being of our students and their families.

(B) The Union opened the 23-24 bargaining cycle with a singular focus, making SAFETY improvements before the 23-24 school year has begun.  [Thus far, only the Union has submitted a proposal in the current 23-24 bargaining cycle:  CERTIFICATED CAUSE (1st Proposal ) ARTICLE 14 SAFETY 2023-24.]

(C) Unfortunately, the District has not accepted our offer to bargain over the summer on this topic, or even provide a counter proposal before we return for the next school year.

​These statements were immediately met with surprise by members of the CUSD School Board.  It appeared the District’s bargaining team had not shared (w/ the School Board) that the Union is willing to bargain much needed SAFETY improvements over the Summer.

This can be viewed in the Board Meeting video, linked just below, at approximately MINUTE 2:22:55​ ​…

https://www.youtube.com/watch?v=ChhDSWR9aHg

… where Board President Jaime Diamond ​distracted in her phone, explains ​the pause, stating that she “Sorry, I’m just checking… because I believe I recall getting an email saying that… the District is willing to meet in the Summer months… so… ummmm… yup… so… I’m just…  so… Okay!   Any further public comments for items not on the agenda?  Okay.  I’m going to pause us for a 5 minute break”      Upon the Board’s return, Ms. Diamond did not produce or cite any email that contradicted the Union’s public comment.

Perhaps Board President Jaime Diamond was thinking about the ​​​Union’s e​mail invitation on June 5th ( Gmail – CAUSE invitation – Summer Bargaining. 2023-24 CERTIFICATED BARGAINING CYCLE ), when CAUSE offered to negotiate SAFETY improvements over the summer? (also attached).

Or perhaps Ms. Diamond was thinking about the CAUSE ADVISORY, also sent on June 5th ( Gmail – CAUSE ADVISORY 2023-24 CERTIFICATED Bargaining Cycle Begins Opening Session # 1 ), that reiterated the Union’s willingness to join the District, “if the District ha​d​ any interest in making significant improvements to the SAFETY ARTICLE prior to the start of the 2023-24 school year” ? (also attached)

This for certain, no Board Member could have recalling a response from the District that expressed any interest in negotiating SAFETY improvements during the Summe​r, o​r that CUSD submitted a District counter-proposal on SAFETY, because the District ​did not.

The District had offered two (2) responses that pertained to the District’s availability to continue bargaining in the Autumn, 2023. (both are also attached)   In the first email response, CUSD’s Human Resource Director, Diana Zapata, offered a set of dates in Autumn, 2023. ( Gmail * CUSD’s 1st Response:Availability – Re 2023-24 CERTIFICATED BARGAINING CYCLE )

In the District’s second response, also sent by Ms. Zapata, the District retracted the dates in the first response and suggested alternative dates.  ( Gmail * CUSD’s 2nd Response:Availability – Re 2023-24 CERTIFICATED BARGAINING CYCLE )

[Note: The District neither accepted any of the dates offered (by CAUSE) at the end of the 22-23 school year, nor did CUSD offer any dates or a ​counter-​proposal that suggested an interest to bargain SAFETY improvements before the 23-24 school year begins.]

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* C.A.U.S.E. – Yes We Can ! *

CAUSE ADVISORY

CUSD/ CAUSE * 22-23 Negotiated Healthcare Agreements

Further Clarification

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District Employees, Families, & District Stakeholders,

Union Leadership understands the confusion, which appears an intentional outcome of the District’s most recent email. pertaining to our recent healthcare negotiations.  Therefore, Union leadership is compelled to clarify:

• The District’s email represents its most recent attempt to undermine employees’ historic right to participate as fully fledged bargaining partners.

• This year, for the first time, the District alleged that CAUSE (i.e. the Union with the sole authority to represent District employees) was not permitted to negotiate changes to CUSD’s healthcare plan options; even though the bargaining partners had already negotiated specific healthcare plan options throughout the CERTIFICATED & CLASSIFIED bargaining cycles. (As demonstrated by significant changes to the plan options available in 2023-24.)

• The CUSD’s email is an act of “bad-faith bargaining.”It demonstrates CUSD’s attempt to better position itself in future bargaining cycles; where it may circumvent its obligation to provide CUSD employees high-quality HEALTHCARE options, by unilaterally and arbitrarily selecting inferior and/or eroded healthcare plans.

• Fortunately, the District’s attempts to position in this way, does not change the CUSD’s contractual obligations; either this year or in the future.

• The District is still required to bring proposed healthcare plan options to the bargaining-table during the CERTIFICATED & CLASSIFIED cycles.

• The District is still required to meet with Union Leadership in a joint healthcare committee to review all benefit areas and plans. (As demonstrated by the CUSD HEALTHCARE BENEFITS COMMITTEE meeting held on May 17, 2023).

Therefore, the Human Resource Director’s email may be ignored.  Union leadership refused and still refuses to take the bait, encouraged by the District’s lawyer and Human Resource Director.   To have held up our agreements to argue this point in a legal setting would have taken away from employee benefits, salary increases, and student programs.  Arguing the District’s unfounded claims would have instead directed those very same public dollars into the pockets of the District’s legal counsel, while ensuring that the Human Resource Director is central to yet another very expensive legal action.

In short, rather than sinking our CLASSIFIED bargaining agreements in the current, to argue the District’s bad-faith posture in court, Union leadership worked to reach negotiated changes to healthcare plan design and options (2022–23 Negotiated HEALTHCARE Changes.CUSD:CAUSE).  We chose, instead, to deliver important improvements for District employees, students, and their families.

In Service,

~ CAUSE Leadership

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* C.A.U.S.E. – Yes We Can ! *