The Board confirmed the settlement with the North Merrick Faculty Association (“NMFA”) relating to the PERB filed by NMFA and NYSUT. Both sides appeared to have resolved the issue of whether Electioneering on School Property Policy #7402 violated NMFA’s civil rights. For those who are not aware, during the May 2016 school district election a child was allegedly made to feel uncomfortable when his mother, who was running for a Board of Education seat, was attacked politically by teachers who favored other candidates. As a result, the Board adopted Electioneering on School Property Policy #7402 on August 2, 2016. This policy restricted any group from participating in "any electioneering activity or conduct on any school district property.” The Board passed this policy to safeguard the North Merrick Residents and their children during elections and ensure that democratic elections were open, fair, and free from intimidation or unfair advantage. The NMFA and NYSUT filed an administrative complaint against the BOE seeking to repeal Electioneering Policy #7402 alleging that this policy violated the NMFA’s civil rights because it prevented them from expressing membership and support for their union. CRONM is pleased that a resolution has been reached and no more of your tax dollars will be spent on the PERB. In sum, the revised Electioneering Policy adopted on September 12, 2017, removes the prohibition of staff members not being able to hold a sign stating, “Trust your teacher, vote for _____.” The new policy also permits staff members to wear union related insignias and/or clothing to the extent it is not disruptive to the educational process. Please contact CRONM if you have any questions regarding the settlement or whether you would like copies of the PERB and amended Electioneering Policy. As of June 28, 2017, approximately $30,000 of our tax dollars were spent defending the PERB. We understand that the final figure is higher and are working on obtaining the final amount. Stay tuned.
CRONM inquired as to whether the Board had professional liability insurance that would have covered the Board and trustees from the PERB suit. CRONM also inquired whether the $30,000+ spent defending the PERB was going to be reimbursed to the taxpayer since our taxes where used to defend the PERB. We were informed that taxpayers were not going to be reimbursed. As for the professional liability coverage, while there are policies available, they involve high deductibles, usually $25,000 plus. Therefore, it was not economically feasible to use taxpayer funds to purchase an expensive policy and then use more funds to pay the high deductible in the event of a suit. While CRONM is frustrated that the taxpayers will not be reimbursed the amount spent on legal fees for the PERB filed by the NMFA, we understand and respect the fact that the Board has the right to defend itself from these types of claims.
CRONM spoke with Mr. Tom McDaid, Assistant Superintendent of Business & Operations, regarding the insurance issue. Mr. McDaid was very helpful, receptive and explained the process and issues surrounding purchasing insurance ect.. CRONM inquired whether it was possible tolook into other affordable insurance policies. Mr. McDaid was receptive to this issue and CRONM is also looking into the existence of affordable insurance policies. Stay tuned.
At the August 8, 2017 Board Meeting, Trustee Ed Corona addressed one of CRONM’s concerns; whether the newly elected trustees supported piercing the tax cap. Mr. Corona volunteered his view on the tax cap stating that he would not support raising the tax cap unless school programs would be at risk of being cut. At the September 12, 2017 meeting, CRONM thanked Mr. Corona for addressing the tax cap concern and inquired whether the public would be able to poll the remaining Board trustees on the same question. Unfortunately, the attorney for the Board who was present at the meeting counseled the remaining Board Trustees against answering such a question. CRONM then asked the Board to provide an example of what would need to occur for school programs to be at risk of being cut and tax cap raised. The Board recommended attending the upcoming budget meetings in February and March to obtain answers to the above question. CRONM will attend the budget meeting to address resident concerns.
The next BOE meeting is October 10, 2017. There is also a Special Meeting of the Board of Education of North Merrick Union Free School on Monday, October 2, 2017 at 8:00 PM in the Conference Room of the Harold D. Fayette School, 1057 Merrick Avenue, North Merrick. It is anticipated the Board of Education will adjourn into Executive Session to discuss matters of employment. The public is invited to attend.