Review Agenda Item
Meeting Date: 9/8/2021 - 6:00 PM
Category: Business/Action Items
Type: Action
Subject: 17.7 Determination to Adopt or Reject the Mediated Tentative Agreement between Mt. Diablo Unified School District (MDUSD) and the Mt. Diablo School Psychologists Association dated January 23, 2020.
LCAP (Local Control Accountability Plan) Goal:
Policy:
Enclosure
File Attachment:
Tentative Mediated Agreement with MDSPA - Article 12 - 1.23.20.pdf
Summary: The Governing Board will review the Mediated Tentative Agreement between the Mt. Diablo Unified School District and the Mt. Diablo School Psychologists Association that was reached on January 23, 2020. This tentative agreement represents a term from July of 2018 to June 2019 and contains provisions including salary increases and work day reductions.
Funding:
Fiscal Impact Approximately 8.5 million dollars for the years 2018-2021. Cost for ongoing years is unknown due to unknown staffing levels in future years.
Recommendation: The Staff recommends the Board Reject the Mediated Tentative Agreement between MDUSD and the Mt. Diablo School Psychologists Association dated January 23, 2020 for the following reasons:
1. The abrupt change brought about by the drastic and material change in the economic and operational circumstances of the District necessitated that TAs that were entered into in good faith by the District with MDEA, CST and MDSPA in 2019-2020 not be approved, as the District did not have sufficient funds to ratify them.
2. The Board did not formally reject or approve the TA with MDSPA because of a clerical error, caused by the unexpected departure of the Superintendent at the time and the previous departure of H.R. leadership.
3. The instructions by the Board to Staff on 5-28-20 were for the District to renegotiate all TAs that included financial compensation, given the unavailability of funds as ratified by the CCOE. Following Board direction, Staff negotiated a subsequent side letter agreement the next day on 5-29-20 with MDSPA that did not incorporate salary increases.
4. The District remains in fiscal distress, with ongoing deficit spending and declining enrollment. Staff is in the process of evaluating the District's changing finances, to prepare to negotiate potential salary increases for all employees prospectively, not retroactively.
Approvals:
Recommended By:
Signed By:
Dr. Dan Scudero - Director, Human Resources
Signed By:
Cesar Alvarado - General Counsel
Signed By:
Dr. John Rubio - Chief Human Resources
Signed By:
Wendi Aghily - Chief, Pupil Services and Special Education
Signed By:
Dr. Lisa Gonzales - Chief Business Officer
Signed By:
Dr. Adam Clark - Superintendent
Vote Results: