shawnbeightol.com Blog

shortlink http://shawnbeightol.com/blog/?p=391

UTD’s Karen Aronowitz: A History of Voting Questions.

First, let me state very clearly: scores of images of ballot envelopes with vote tallies and THOUSANDS of votes reported to our independent tally site indicate that RTTT and both JUNE 2011 and FEBRUARY 2012 Healthcare and WAGE FREEZE votes have been completely REJECTED by union bargaining unit members – 2:1 rejection, in complete contradiction to UTD’s published results.

UTD MUST RELEASE INDIVIDUAL POLL SITE DATA from the ballot envelopes to avoid further legal action including the charges of election FRAUD. See at the end of this post for the legal requirements of individual poll site data reporting.

Here is the audio of the IFC scoffing and ridiculing my request for such:  UTDrevoteCOUNTquestions

On May 22, 2012, Miami’s public school teachers union, the United Teachers of Dade (UTD), conducted a court ordered revote on 3 contract changes that had occurred over the prior year. The courts had ordered the revotes because the original ratification/elections occurred over what the courts deemed an insecure online voting system.

We are still awaiting the required publishing of the individual polling site data. Friday, May 25, 2012 11 PM was the deadline and no data has been released.

UTD had released preliminary data as provided by the illegal automated machine “count” (after each envelope of the ballots had disappeared into UTD’s building out of public sight for undetermined amounts of time).

The reason for the court ordered revote is that UTD broke the law in the other elections. The courts deemed the system UTD utilized insecure because, among other things, the user names – employee id #’s – and passwords – social security numbers – were readily available to the union as evidenced by the “accidental” release of the author’s social security number and other union members and stewards personal data – including cell phone numbers – in a publicly accessible bundle of “evidence” submitted by UTD in the trial process. In yet another lie, UTD’s Karen denies this…but the courts ruled against her because she did exactly this (N.B. If you think you might be affected, you should contact UTD and demand they redact your personal information before you become victim of identity fraud).

Additionally, UTD used a machine “tally” that doesn’t allow observers/unit members from actually seeing the count.  The alleged ballots are fed into a scanner and an image of what is supposed to be each ballot marking is projected onto the screen.  There is no way of being able to correlate what is on the screen and what is on the alleged ballots.  Furthermore, we don’t know if the VOTENET man in the back of the room is being given the actual ballots taken from the envelopes or that the envelopes being opened are ALL the envelopes or that they actually contained the same ballots they left the school with since they disappeared into the UTD/union building for unknown amounts of time.

Here is an image of the vote tally room:

Additionally, UTD is the subject of another lawsuit in which plaintiff Eugenio “Geno” Perez (former candidate for UTD president and likely winner if his lawsuit is substantiated) contends that UTD officers and staff had access to voting data during the election with suggestion that at least one staff member was witnessed manipulating data. Consider:

This was the original court motion that was rejected for failure to exhaust “internal” paths for resolution first (going through UTD’s Internal Function’s Committee then American Federation of Teachers – both denied Geno’s complaints): http://docs.justia.com/cases/federal/district-courts/florida/flsdce/1:2010cv20659/353025/23/0.pdf

Here is the reference of the IFC rejecting Geno’s case and the results of his appeal to the general council of stewards, the next step: http://www.utd.org/file_download/144/2010_Oct21-APPROVED_minutes.pdf

Because both UTD’s IFC and Steward Council denied Geno’s request for intervention from the Union and then the parent Union (the American Federation of Teachers), the local Civil court has resumed jurisdiction (which implies sufficiency after multiple attempts by UTD to dismiss again have been rejected by the court).

To see the active docket, go here http://www2.miami-dadeclerk.com/civil/Search.aspx and use the information below to search for the active case.  No details are given here though:
PEREZ, EUGENIO vs UNITED TEACHER OF DADE (LOCAL 1974)
* Click on BOOK/PAGE of a particular docket to see the image if it is available *
Case Number (LOCAL):  2010-24454-CA-01 Dockets Retrieved:  79 Filing Date:  04/23/2010 Case Number (STATE):  13-2010-CA-024454-0000-01 Judicial Section:  21
There have been oddities associated with EVERY election this leadership has been involved in, and oddities with every electronically facilitated election (all run by Votenet, the electronic voting company).
Consider:
2004 – Aronowitz and UTD staff are charged with voter fraud by opponent Shirley Johnson who had won by a large margin the primary vote.  By the run-off election, Shirley had lost her double digit lead…in a quiet, non-public election (we’re not talking national broadcast politics here):

” United Teachers of Dade (UTD, Florida), currently under administration by the American Federation of Teachers (AFT), [is] enduring accusations of vote fraud by losing candidates for the office of president in elections designed to allow the two unions to undertake local self-rule.

In Florida, losing presidential candidate Shirley Johnson filed election complaints claiming poor ballot security, secret meetings, bias on the part of AFT Administrator Mark Richard, and an “attempt to confuse members.”

“This election was tainted by fraud,” Johnson told the Miami Herald. “We are asking for a full investigation.”

Johnson was defeated by Karen Aronowitz, who turned a 19 percent deficit in the first round of voting into a 52-48 percent victory in the December 2004 runoff. Aronowitz and her caucus won the top three union executive positions.”

see page 8 of http://homepage.mac.com/liz_ow/Design/SRN%203.05.pdf
2007 – Aronowitz’ UTD is charged with violating internal and federal electioneering laws by candidate Beightol:

A) UTD ensured its incumbent materials were at each work location but NEVER fulfilled its own requirement to physically mail materials from the opponents:
“UTD shall conduct at UTD expense, at least one (1) mailing, and one e-mailing to the membership per each round of voting and one open forum per entire election.” – Internal Functions Committee Election rules, p.1, #7.
Information for mailing and emailing was solicited but not sent out to membership.  Opponents deferred their own mailings anticipating UTD to fulfill its obligation to send out a mailing of the biographies and platforms of opposition parties.  UTD did not, rather, merely posted them on their website and sent emails – NOT the physical mail to physical addresses as required by rules.

B)  UTD refused to remove my secretary-treasurer candidate from the ballot when she withdrew 3 weeks early to prevent a “vote split,”  her presence on the ballot produced the anticipated vote split giving the incumbent the margin he needed to win.

C)  Federal Law requires all union parties running for election to have equal provision for display of materials -
“whenever such labor organizations or its officers authorize the distribution by mail or otherwise to members of campaign literature on behalf of any candidate or of the labor organization itself with reference to such election, similar distribution at the request of any other bona fide candidate shall be made by such labor organization and its officers, with equal treatment as to the expense of such distribution.”
29 U.S.C. 481 SEC. 401. (C)

Such was not provided and statements were gathered witnessing that opposition materials were missing across the school district from bulletin boards where incumbent materials were plainly posted.

D)  Incumbents and UTD staff were witnessed visiting classes and discussing the upcoming election, in violation of state law (during work/teaching hours and on the union pay).

E)  Insufficient notice of election days and insufficient voting windows – statements and proof that only 1 day notice was provided to many employees of the specific voting window.  Furthermore, voting windows of only 20 minutes were evidenced (emails announcing vote times as short as 20 minutes are on file).
F) “3 presidential challengers addressed [UTD officers and council of building stewards] from the microphone the need to verify the vote count on an ongoing basis throughout the machine tally on February 21, 2007. We were assured that this would be done. After an initial demonstration early in the day, no verification was offered. …”  – in other words, ballots disappeared from the school sites uncounted and were not accounted for for over a week.

2009 – Evote is introduced in October 2009.  Prior to Evote, the average employee participation (2003-2009 averages) was 53%.  After Evote, the 3 ratifications held over the internet have averaged 21% participation.   Aronowitz UTD doesn’t address this, doesn’t seek to improve it, in fact, perpetuates and amplifies this by continuing to complexify and selectively advertise the vote process.

2010 – detailed above.

2011 – June 2011 and August 2011 Healthcare hides wage freeze and RTTT funds used as bribe to pass excessive teacher evaluation changes over illegal and insecure internet voting system and illegal vote counting meeting.

Here is what the courts have said about ratification votes involving union contract changes in the public employee sector:

Florida’s Rule 60CC-4.002(4) states that “Where it is necessary to conduct more than one ratification meeting, each such meeting shall be counted pursuant to the foregoing requirements, provided that the combined results of voting conducted at the several meetings shall be announced within three (3) days after the final ratification meeting.”

“Each meeting shall be counted pursuant…,” that is, “in accordance with” the foregoing requirements:

Subsection (3) spells out the “foregoing requirements” – the various ratifications should use
secret ballots, publicly counted, the results announced at the conclusion of voting and counting.

PERC continues, quoting its ruling re: a union dispute over voting in Tampa:

“…In seeking to discern the meaning of ‘ratification meeting,’ we look to the purpose of the rule provision at issue. Subsection (3) is intended to safeguard the integrity of the ratification election process by having the vote counted before it is removed from public view. Equally
important as preventing actual vote tampering, this procedure seeks to avoid the appearance of impropriety in elections, which must attend when ballots are handled outside of the public view. We note that there are no neutral parties to ratification elections; both the Union and the employees have vested interests in the election results and are susceptible to tampering charges.

Therefore, a public vote count is necessary to protect the appearance of propriety as well as the actual integrity of the vote.”

it goes on:

“Thus, we have concluded that:

…a ‘ratification meeting’ is reasonably defined as the period of time from the opening of the polls to the closing of the polls, irrespective of a change in meeting location. Thus the rule requires that the vote be publicly counted and announced each time the polls close…”

pages 16 & 17
http://perc.myflorida.com/download.aspx/Prefix=CB/CaseYr=11/CaseNo=073/File=CB11\073-Ord17-022912084010.pdf

Note the courts additional comments:

p.17:

“the Union urges the Commission to accept internet voting because it is faster, more efficient, and more cost-effective than traditional methods of voting.

We cannot overlook the hearing officer’s real and legitimate concerns regarding the inherent vulnerabilities of the Union’s internet voting procedure which could ultimately affect election results and which led the hearing officer to conclude that ‘the internet voting procedure used in this case raises significant doubts about the sanctity of the secret vote’…Under the traditional methods, voters have an opportunity at the ratification meeting to monitor the tally, discover discrepancies, and/or challenge the voting results…No such safeguards existed in the internet voting implemented in the  instant case.”

Although the internet procedure may be more expedient, we decline the Union’s invitation to abandon our long standing rule requiring a ratification meeting during which votes are publicly counted, and the results are publicly announced”…the purpose of the rule is not merely to preserve the integrity of the vote but to preserve the appearance of propriety in the election…”

NOTE THAT UTD’s REQUEST ON THE BASIS OF SPEED OFVOTE COUNTING is REJECTED!

p.12
“When the window period closes, Votenet’s computer system automatically and instantaneously tallies the ballots.”

p.13
“Neither the employees nor the Union officers observed the vote tally.”

The ONLY vote count observed by witnesses is presumed to be at the school sites where they were hand counted and open to public view BEFORE the votes disappeared into the bowels of UTD’s building.

http://shawnbeightol.com/blog/?p=400

Preliminary data shows TEACHERS and SUPPORT REJECT WAGE FREEZES and RTTT 2:1

UTD states it passes 2:1!

Accountability measures implemented by concerned UTD bargaining unit members indicate, based  upon thousands of reported votes (reported by witnesses to the school site vote counts via cell phone images of steward packet totals, text messages, entries to utdrevote website, and discussion boards), that unit members overwhelmingly rejected ALL 3 Revote measures (june 2011 salary freeze, august 2011 IPEGS changes, and February 2012 salary freezes).

UTD reports directly opposite these results.  They claim approximately 13,000 voted to reratify while 6000 voted against: http://www.utd.org/news/official-contract-re-ratification-results

Aside from the obvious questions of HOW IN THE WORLD could they have reported 84% approval at the earlier/original illegal ratifications, the more important question is “Why are teachers reporting results COMPLETELY opposite of what the union claims?”

UTD’s Internal Functions Committee , charged with ensuring honest vote counting, has said that it will not release school by school totals.  Such results broken down by school  would allow for a quick verification of where the differences lie between the partial results provided for accountability purposes that indicate REJECTION of the contract and UTD’s claim of APPROVAL.

This is a call for UTD to release school by school results.

Assuming that each school site provided oversight for the voting process and counting afterward, the critical point where VOTE FRAUD could occur is at UTD’s office:  stewards brought the envelopes with the votes sealed inside.  Instead of bringing them to the 3rd floor where the public was seated to witness the opening of the ballots, stewards were directed to the 2nd floor where they were asked to leave their ballots.  Ballots then went behind closed doors for an unknown amount of time.  Envelopes were then brought to the 3rd floor where the IFC verified and opened THE ENVELOPES HANDED TO THEM.  There is no way of knowing if every envelope that went behind closed doors made it to the room.  There is no way of knowing if the envelopes handed to the IFC are the same as the ones turned in.  There is a black box between the drop-off of the ballots and the handing of them to the IFC for counting.  UTD staff and officers are in the black box.

Furthermore, the ballots were not actually hand counted.  envelopes were opened and the ballots were given in stacks to the VOTENET employee feeding them into a scanner that displayed on a computer screen the “counting” process.  It is quite feasible that along with the possibility that the envelopes handed to the IFC were not the same as the ones turned in, so also it is possible that the ballots handed to the VOTENET guy in the back of the room by UTD staff member Jeffrey Redmon (who plays a crucial role in Civil Case regarding vote fraud and UTD – Case Number 1024454CA21) might not be exactly what the IFC pulls out of the envelope.

These issues would merely be speculative if it were not for the fact that results reported school by school, representing thousands of MDCPS employees, suggest that the contract ratifications were rejected 2-1.

Such contradictory information demands a release of the school by school results to clear up these confusing and suggestive results, particularly in light of the coercive and cooperative communications to the employees using fear to push a YES vote (note: not ONE good thing was written about a NO vote, not ONE bad thing about a YES vote).

I asked 3 questions of the IFC .

1) Why weren’t the votes delivered directly to the IFC/public meeting so that we could see them opened directly from the school stewards’ hands?

2) Is UTD going to file an unfair labor practice complaint against MDCPS for the coercive meetings, scripts, robocalls, and emails in the last days before the vote?

3) How can we access the school by school results to verify the results and determine where the differences between UTD’s results and the accountability results turned in by witnesses from each school?

IFC’s Bob interrupted me and asked me “you do understand that thousands of members voted overwhelmingly to reratify these contract changes” I answered “No, I don’t understand that…I have data that shows unit members have overwhelmingly REJECTED the ratification”  Here is the audio that ensued:

UTD Revote Count Meeting Question Time: Where did the ballots go?

Unbelievable.

shortlink: http://shawnbeightol.com/blog/?p=392

Colleagues:

Ask your steward (or do it yourself) to report your vote totals here: http://bit.ly/utdrevote

Here’s the link that shows no one has asked Florida DOE what should happen to the RTTT money – if Karen or MDCPS had contacted, they would already have clarified:

http://shawnbeightol.com/doe.mp3

here are 2  other teachers/groups who came together over this revote issue of 2012:

http://free2grow.wordpress.com/about/

http://teacherswakeup.com/News_To_Share.php

NONE ARE BACKED BY OUTSIDE GROUPS – none, myself included, receive any money from outside.  We are MDCPS teachers, UTD staff (past and present), stewards who are tired of being sold out by the current compromised leadership.

(commentary below):

I do not doubt that Karen and MDCPS could vindictively strike  back at us.  That is the intent of their messages.  I believe  it is  also illegal as coercion and I will be filing a complaint.

this is what we fought all year for.  Not for bitterness, not for “union busting,” simply for the dignity and professional courtesy of having time to discuss the issues and a means of voting with transparency as provided for in the law.

Vote your informed conscience.  Remember: it is difficult/impossible to recover what you surrender.  What is the big picture: for yourself and public education?

Remember also, MDCPS and UTD are telling you the worst that could happen if you vote NO (as if there was NO UNION to protect  you) and the best that could happen if you vote YES.

YOU are the UNION.  Don’t let these suits collecting your money beat you up.  DEMAND REPRESENTATION.  Its American to do that.

I called Florida’s Department of Education early last week to ask “what happens to our RTTT bonus money if we vote NO?  Does it get revoked, sent back to the state, or do we have bargaining time?”  No one knew.  I waited and called again mid-week.   No one knew.  I waited and called Friday.  No one knew.  I got passed around.  No one knew.  I left a message on someone’s voicemail they said would know.  This is her voicemail to me from yesterday…saying “they’re looking for the answer with their legal department.”

It’s not definitive, but I think it definitely proves neither UTD’s Karen nor MDCPS’ Carvalho
have made the inquiry to use as their threat.  If they had called or written, the question would have already been answered.

http://shawnbeightol.com/doe.mp3 doe

here’s another teacher’s view on the RTTT money:

After our AP read the script (aka: canned propaganda) he gave the floor to our steward and I asked if we really “must” return any reward money from RTT. I pointed out that the script said all money “must’ be returned, yet if a “no” wins tomorrow then renegotiations will determine whether, or not, already distributed RTT money “must” be returned. For example, the renegotiations can determine whether to leave current RTT processes as they are, yet change salary steps and healthcare.

So, it seems that the threat that already paid RTT bonuses “must” be returned is a red-herring and a scare tactic. Plus, I’m sure M-DCPS does not want the accounting and time/resource nightmare of having to retrieve money already paid out. So, if “no” wins tomorrow (as I hope it does) then the bargaining unit can deal with the RTT money issue and hopefully keep it as is, and not mandate it gets returned, but mandate that other changes, ex. steps and healthcare, do happen.

Regards,

Shawn Beightol
www.shawnbeightol.com

Shortlink: http://shawnbeightol.com/blog/?p=383

If YOU APPROVE UTD’s AGREEMENT, YOU LEGALIZE THE LOSS OF YOUR RAISES
see p.29 here: http://www.utd.org/file_download/651/TentativeAgreement-January27-2012.pdf see page 29, D.1

Please pass this on to all your teacher contacts. In particular, send it to at least 10 Elementary and Middle School Contacts and ask them to spread it to 10 more and SO ON.

You must recruit TEN (10) colleagues to join you at your school polling site Tuesday, May 22 to VOTE NO to tell your union and school board “NO MORE DECEPTION” and “NO MORE EXPLOITATION”

see this excellent technical analysis by a former UTD staff member who is now back in the classroom: http://shawnbeightol.com/NOTESonVOTES.pdf

If you haven’t seen my allegation’s that UTD and MDCPS are working together to destroy your career and contract, see this: http://shawnbeightol.com/blog/?p=365

We have fought hard this year to overturn 3 HORRIBLE changes to our contract that have resulted in the loss of 3 years of raises and reduced teaching to service class work where our sub-standard wages make us salivate for the RTTT tip.

Simply put, a “yes” vote tells UTD that it is ok to lie to us/deceive us, to manage us like sheep, to negotiate financial incentives along with work/responsibility increases in the 3 year contracts then to secretly give up the financial incentives without revisiting the work responsibilities (in fact, they only increase).

A “NO” vote tells UTD to go back to bargaining. It is NOT the end game.

Facts:

• A NO vote simply returns us to bargaining.
• Claims are made that the June 2011 Healthcare vote prevented FIRINGS, but teachers without a permanent contract were simply “NOT REHIRED” – they are playing SEMANTICS with us. College trained teachers are being replaced with short-term, cheaper TFA teachers (250 currently, 350 projected for next year).
• If no further progress is made, either side can declare impasse and request a “Special Magistrate” from the state to listen to both sides and make a decision.
• Last year, when the district had LESS money to work with, the Special Magistrate ruled IN FAVOR of employees, recommending MDCPS give you and ALL (support staff included) either our raise or at least a bonus.
• For unknown reasons, UTD rejected last years PERC Special Magistrate’s recommendation that you be given your raise or bonus ten minutes BEFORE MDCPS rejected the same recommendation. That SAME day, UTD told MDCPS that you had rejected your contractual raise by voting YES to the June 2011 agreement.
• The Florida Legislature has budgeted $81 MILLION more for MDCPS this year, enough to cover your raises.
• MDCPS’ student population is rising again – next year’s FTE is 4,000 more students than this year. Layoffs would further imperil MDCPS Class-Size Compliance.
• We can reject the Special Magistrate’s decision if it is not favorable, forcing the School Board to make the decision regarding our healthcare and raises PUBLICLY.
• This is an ELECTION YEAR for the School Board – 5 of them are up for re-election.
• We did this in 2008 with grassroots protests and the school-board, recognizing our hard-work and our financial distress THEN, ruled in our favor, giving us our healthcare without increased cost to employees.
• Our current contract expires July 1, 2012 – THIS YEAR. It has been gutted. You are owed on average $3300 each for overdue raises. YOUR CONTRACT, the 2^nd in a row (remember the fictitious $40,000 starting salaries and pay scale of the 2006 contract?). WHAT WORSE CAN THEY DO TO US – if we have a “UNION” watching out for us?
• UTD’s Karen, Artie, Fedrick, and the entire UTD E-Board are up for RE-ELECTION in February 2013 – They cannot throw us under the bus without RISKING THEIR RE-ELECTION
• Albert Carvalho is the chairperson of Florida’s RTTT committee. If he withdraws the money it will signal the failure of his RTTT leadership. Voting NO simply demands that your voice be included in determining HOW performance pay should be awarded.

What NOT Voting Means May 22:

• You’ve given up & surrender control of your work conditions and compensation to those who do not have your best interest in mind.

What a YES Vote Means May 22:

• You accept 2 consecutive wage freezes (You SURRENDER your RAISE), LOSING $3300 on average.
• You accept a RTTT agreement that did NOT tell you in advance what performance would be measured.
• You accept a RTTT agreement that bases most teachers’ performance on school-wide average reading grades, doing NOTHING to improve individual teacher’s performance.
• You relegate the teaching profession to the status of a service profession –we work for sub-standard wages in the hopes of getting a tip.
• You allow teacher assessments that exceed SB 736 (which allows for only 40% student performance where 3 years of data are lacking, 30% for non-instructional).
• You accept the gutting and trashing of our contract in terms of our financial compensation while increased responsibilities are allowed to persist.
• You tell MDCPS management and UTD that its ok to screw you over again.
• You accept and perpetuate the fact that support staff has had ZERO financial improvement in 3 years – not even the RTTT bonus.

What a NO vote means on May 22:

• You send UTD and MDCPS back to the table to find a way to deliver to you the $3300 they owe you in raises.
• You send UTD and MDCPS a clear message that you REJECT the prostitution of your teaching profession for a few RTTT crumbs.
• You send UTD and MDCPS a message that a new contract is meaningless as long as they disrespect you and ignore the last contract.
• You reject the RTTT approach to defining education as simply how a child does on repeated tests and to defining a teacher’s worth by the same.

here are analyses I did on the August 2011/IPEGS/RTTT vote and the Feb 2012/RaiseRejection vote:

re:August2011/IPEGS

shortlink http://shawnbeightol.com/blog/?p=164 points D, F-K (I will revise E)

shortlink: http://shawnbeightol.com/blog/?p=198 see point 4

Short link: http://shawnbeightol.com/blog/?p=205

re:Feb2012/RaiseRejection

Shortlink: http://shawnbeightol.com/blog/?p=283

http://shawnbeightol.com/blog/?p=292

http://shawnbeightol.com/blog/?p=302

shortlink to this blog: http://shawnbeightol.com/blog/?p=377

this is a prequel to http://shawnbeightol.com/blog/?p=365 where I show that UTD and MDCPS each fax a rejection of a court ordered bonus to MDCPS employees…10 minutes apart on the same day, 20 days after the order (coincidence or complicity?).

This is a repost of an excerpt of a blog from February (see http://shawnbeightol.com/blog/?p=297)

Evidence of Complicity (from my letter to the American Federation of Teachers October 16, 2011 asking for their assistance in returning TRUE LABOR to Miami):

From the recent past when Tornillo’s fraudulent activities were uncovered and newspapers reported on his illicit connection to the school-board through the lobbyists (Rick Sisser comes to memory) around land deals, radio towers, and insurance scams – see Miami Sunpost, January 6, 2006: “”Thus, the district’s patronage system, which was already well established, ran completely and outrageously amok. Jobs and contracts were doled out to the connected, regardless of whether the beneficiaries could perform. Shady land and construction deals went through without a hitch. High-profile sexual harassers cost the district millions and still kept their jobs. The teacher’s union, which should have been trying to protect its members from the fallout, was instead in on the game. Then United Teachers of Dade head Pat Tornillo cut deals designed to consolidate his own political and financial power. ”) – the impression is to the observer with an analytical mind and good memory, that UTD and MDCPS established an “accidental” collaboration that has been refined and formalized under our last superintendent, Rudy Crew, and has been perpetuated by our current District Administration.

If you care, I can sit down with someone and provide details on the following collaborative efforts that “sold out” the UTD bargaining unit membership to management:

1)   a contract that was negotiated and maintained – even after alerting the union to its violation of law by myself in 2006 – that illegally discriminated against non-union members by favoring union members in disciplinary meetings with the obvious benefit to the UTD membership-wise. The question is, what did the district get in return for taking such an illegal risk? See http://www.3dca.flcourts.org/opinions/3D11-0163.pdf, p.2 where the courts uphold my allegation that the contract was complicitly negotiated to provide both parties with illegal benefits:

“Shawn Beightol… argues the District did not act alone, but rather UTD “caused” the District’s action, and UTD’s actions were unlawful within the meaning of sections  447.501(2)(a) and (b), Florida Statutes (2010). After taking testimony, a
Commission-designated hearing officer agreed with Beightol. The Florida Public
Employees Relations Commission (PERC) found competent substantial evidence
to support the recommendation of the hearing officer and entered a final order
adopting the recommendation. We affirm this order.”

In short, UTD & MDCPS worked together to create a system that fed members into UTD and gave MDCPS WHAT in return?

The answer to my question raised above (“what did the district get in return for such complicit cooperation?”) is obvious over the next few examples.

2)   the 2006 contract that was hurriedly published to circumvent what would have been a huge demonstration during the November Miami Book Fair (100000+ observers) following the October 2006 grass-roots demonstration at the school board sending 7000 teachers to the streets DURING the school day (protesting anemic negotiations by UTD). The contract announced the exact terms needed to guarantee Rudy Crew got his $43,000 performance bonus…but was predicated on the impossible contingency that the state of Florida would increase district funding by $350 MILLION over 2 years…an amount NEVER before (or after) experienced ($125 Million per year increase was greatest ever), even further made questionable by the realization that the housing bubble was bursting – threatening the state and local revenue stream for educational funding. The “fine print” of the contract delivered to Rudy Crew the $43000 bonus, Aronowitz got positive press for negotiation skills, and members got stiffed 2 years in a row for raises that were precluded by the “fine print” allowing suspension of raises if the $350 MILLION didn’t appear (it didn’t, it couldn’t, it never had, it never would have). The contract was a complicit fraud.

3)  The 2007 revelation that MDCPS was subsidizing Aronowitz’ staff and officers to the tune of $1.2 million (at that time, unreimbursed, a violation of Florida Statute 447.501 Unfair labor practices.— (1) Public employers…are prohibited from:(e)…contributing financial support to such an organization. see http://web.archive.org/web/20080725013903/http://www.miamisunpost.com/050808newsmdschoolpayouts.htm – if that doesn’t copy for you, try this http://goo.gl/e72P9 ). See also http://www.miaminewtimes.com/2008-06-05/news/shack-attack/

4)  The 2008 healthcare increase – published by United Healthcare via memo to MDCPS in February of 2007 as 14.3% and revised down to 13.1% by Sept. 2007. Aronowitz portrayed this increase through various communications to members as being anywhere from 50% – 254% increases. A dramatic back and forth series of “negotiations” is published and suddenly UTD announces they have negotiated a 13.1% increase. Again, grass-roots demonstrations and political activism overturned this compromised and complicit sell-out between MDCPS administration and UTD. The audacity of such a fraudulent claim of negotiations is hard to overstate. See http://pdfs.dadeschools.net/Bdarch/2007/Bd121907/agenda/E66rev.PDF vs. http://web.archive.org/web/20071121063510/http://utofd.com/UTD_News/Property_Tax/healthcare_increase_unacceptable.htm

5)  The 2010 Healthcare increase that MDCPS and UTD utilized to allow the contractual step increase to be nullified with no clear information provided to the membership. Aronowitz’ information to the bargaining unit was that they were negotiating no increase in healthcare and no reduction in force (no lay-offs), but she did not tell membership that they were surrendering their step/raise. See http://www.utd.org/news/impasse-agreement-protects-jobs-and-insurance-ratification-vote-june-3-7-2011 This follows months of dramatic alleged negotiations and legal fights between UTD and MDCPS (see http://www.utd.org/news/letter-to-superintendent) yet a) when MDCPS committed an unfair labor practice by emailing members directly (bypassing the bargaining team which is the legal route of communication) UTD did NOT respond legally or file a complaint (see http://shawnbeightol.com/UTDReWeismanStatements.pdf and http://shawnbeightol.com/Enids1726_001.pdf ) and b) after the special magistrate appointed by the Florida Public Employees Relations Commission recommended a 1% one time bonus to UTD bargaining unit members, UTD did NOT pursue this. Rather, UTD filed an objection to this along with MDCPS, effectively terminating the process until someone requests the MDCPS school board resolve this. Why hasn’t this been done? Instead, UTD quietly pushes on behalf of MDCPS the suspension of the automatic step increase without raising alarm among members. Who does this represent? Management or membership? The fact that UTD violated state law in under-noticing this ratification vote, not announcing it via required channels, not announcing to the unit effectively that ALL unit members are permitted to vote, and not holding a public vote counting meeting resulted in the LOWEST ratification participation (14.79% conservatively) in UTD’s history (though Aronowitz reported this as 92% approved) and the filing of an Unfair Labor Practic complaint (CB11076, PERC see http://shawnbeightol.com/UTDexecbd5-31-2011call5.pdf ). Her implementation of Evote has effectively hidden the process of ratification from all but those she wishes to participate and the few “rebel” unionist who make it our business to try to balance what is effectively a double-teaming of management and union against union members (classic “good-cop/bad-cop” routine). Consider her words in the May 31^st Executive Board meeting minutes (1^st full sentence, page 2): http://shawnbeightol.com/UTDexecbd5-31-2011call5.pdf where she directs board members to go home and call 5 other members about the importance of voting “yes.”

6)  The deceptive and nearly hidden ratification vote of contract changes in the 2011-2012 contract affecting the MDCPS evaluation model IPEGS needed to bring MDCPS into compliance with their Race to the Top (RTTT) application. MDCPS tells employees the contract has been changed manditorily by Senate Bill 736 (though the changes exceed SB 736 requirements and are actually changes to make MDCPS practice compliant with RTTT application). NO ONE, MDCPS nor UTD explain that the contract changes are pending ratification. Rather, UTD tells membership that they are getting RTTT performance pay for 2010, a surprise announcement and news since NO discussion of performance and pay had been made prior to the start of, nor during, the 2010 school year. Furthermore, the performance rewarded, beside being a surprise, does not correlate to work in the classroom that would be anticipated. For example, science teachers working hard to raise science gains on the State FCAT science test were NOT rewarded or penalized for this work, but rather on the basis of mathematics gains! For Science! With no forewarning! IN NO WAY can this be construed as performance pay according to industry/business standards which popularly describe performance pay as pay rewarding accomplishment of pre-determined goals. In fact, the terms of the 2010 performance pay are announced POST-FACTO at the beginning of the 2011-2012 school year and are attached disjointedly and illogically to the end of the contract language change for the 2011-2012 contract describing teacher evaluations (IPEGS). Most of the language is crossed out with no explanation of what the replacement language is. Teachers are told that voting Yes to this gets them a bonus while voting No would jeopardize the bonus. See http://www.utd.org/file_download/447/RTTT-Yes-No8-19-11.pdf . Such a disjointed, illogical application of “performance pay” for a year gone by attached to a contract change for the upcoming year can only be a reward for ratifing the contract change – a bribe. A bought vote. Again, UTD’s use of Evote again hides the ratification process from the bargaining unit, providing UTD with more control over the outcome of the vote by under-noticing, misleading information, and illegally conducting the vote and the vote count (see CB11073 http://perc.myflorida.com/download.aspx/Prefix=CB/CaseYr=11/CaseNo=073/File=CB11073-Fil3a-101211152351.pdf ).

Shortlink: http://shawnbeightol.com/blog/?p=365

Here’s the short version:

1) UTD declares Impasse because healthcare and steps aren’t granted in Winter 2010.

2) Court appointed Magistrate says there’s not enough money for both steps and no increased healthcare, recommends healthcare and 1 time bonus (on May 18 2011)

3) 8 days later UTD/MDCPS agree to and promote a “healthcare” agreement with hidden raise rejection (salary freeze)

4) Poorly noticed vote and low turnouts (<4000) ratify hidden raise rejection

5) On the same day that UTD announces agreement (June 7) that rejects contractually required raise, UTD AND MDCPS fax rejection of Magistrate’s recommended bonus…WITHIN 10 minutes of each other.

6) UTD reason for rejection of the bonus? Its not a raise.

7) Yet on the SAME day it rejects a bonus for not being a raise, it finalizes a deal with the board a rejection of the contractually required raise.

8. This shows the use of the PERC IMPASSE to be disingenuous, for SHOW ONLY, for the appearance of negotiations.

9) The 10 minute difference in the fax time stamps of the district and the union BOTH rejecting the bonus happening by chance is 1/8,294,400…in other words, proof of the complicity between management (MDCPS) and management’s puppet union (UTD).

click here for details:

2 Faxes, 20 Days, 10 Minute Apart Rejecting Court Ordered Bonus/Raise = Union/Management Complicity

shortlink: http://shawnbeightol.com/blog/?p=360

On April 18th, 2012, brave MDCPS teacher Javier sent a system-wide email describing essentially how his healthcare costs have nearly tripled since the new UTD brokered  HealthSCARE package has been implemented since its ILLEGAL (a minor fact conveniently ignored by both employer and “union”).  Here is his email and my response:   http://shawnbeightol.com/blog/?p=346

Here is that email and a sample of the multitude of replies Javier received before the SYSTEM came down on those who dared express their opinion:

see http://shawnbeightol.com/blog/?p=292 for the “I told you so part” – if you don’t want to read my rant, skip it and go directly to the testimonies of many MDCPS Employees about healthSCARE nightmares. Please add your own below as comments and I will keep your privacy

Seems MDCPS and their UTD puppet Karen have shifted the burden of cost to the employee for healthcare:

While touting a few attractive catchwords “Free employee (ONLY) coverage,” the reality is MDCPS has shifted their costs by raising the costs of service. Employee only premiums have been reduced as verified by retired teachers who are paying to maintain employee only insurance while services have been cut, service costs have been raised, and dependent premiums raised.

This means MDCPS has reduced its financial responsibility for your healthcare by lowering their required payments on premiums by raising service costs and dependent premiums that you and I pay.

My guess is they are trying to accomplish with economics what they cannot with collective bargaining: the shifting of healthcare costs BACK to employees. I say back because this was one of the labor victories in the American Labor Movement: employer paid healthcare.

UTD’s Karen is facilitating the dismantling of labor and collective bargaining in unison with her management bosses, MDCPS.

While MDCPS/UTD crow that the majority of employees support the plan as evidenced by their participation, it should be pointed out that (as I wrote February 2, 2012): “Regarding this Healthcare package INCREASE in premiums, UTD now claims that 85% of employees are on the Employee-Only insurance.  Does UTD mean to imply that 85% of our employees are single without children?  Or doesn’t their response actually PROVE that the Healthcare options for children, spouses, and families ARE MORE EXPENSIVE than what CIGNA or any other plan charges?”

This simply means that families are being FORCED to split their healthcare arrangements between the provided employee only option and PURCHASING THEIR OWN less expensive children, spouse, or family options OUTSIDE of MDCPS/UTD more EXPENSIVE options?” see http://shawnbeightol.com/blog/?p=292

Now, for the testimonies:

Many of you saw this email make the MDCPS rounds (btw, anyone who “replied all” got threatened with disciplinary action…seems management doesn’t want you talking about your work if its not the party line):

As of April 1, 2012 CVS is no longer accepting Cigna. Well, they still accept Cigna, but not MDCPS’ Cigna.

If you get sick and get medicine prescribed to you or break your leg and get pain killers prescribed to you, you may get your meds at either: Navarro, Walgreen’s, Wal-Mart or Publix (not CVS).  However, if you get meds monthly (i.e. diabetics) you will only be allowed three purchases at the above pharmacies. After that, you MUST and can ONLY get your meds through a mail order system.

From the moment you make your first call to Cigna Home Delivery Pharmacy to set up your account it takes 3 weeks for you to get in the system – so act fast.  It takes 7 – 10 days to receive your meds from when you order – so don’t wait to the last minute to re-fill. The nice lady on the phone recommended you order your re-fills 2 weeks in advance from when you are going to run out.  She also recommended that you do not use your 3 re-fills at your local pharmacies and save them for just in case there is a problem with delivery.

(Incredibly reassuring).

So for example:  I used to pay $20 co-pays for each of my son’s 5 prescriptions (3 months supply) for his diabetes. That works out to $33 a month for his supplies. Now it will be $80 for three months supply. Math teacher’s help me out here: How much is $80 times 5?  How much? Oh, $400.  That is how much I must now pay every three months for my sons diabetic supplies. That works out to $133 a month.  Math teachers, help me out again. What’s the difference a month? How much? $100.

Thank you Dade County Public Schools for providing us with “top-notch” insurance benefits and single handedly raising my cost of living. And thank you UTD for fighting for our steps we have not gotten in 5 years and for letting MDCPS get away with our new insurance policies. If you are not part of the solution, you are part of the problem.

P.S. Don’t get sick or have sick family members 

Here are some responses to that email:

________________________________

From: Mike
Subject: RE: Public Service Announcement

this the true Javier one more time I agree with you 100% in everything you said.  I go through the same thing with my wife every month.
________________________________

from a UTD Schoolsite Steward (this is sarcasm):

________________________________
From: SP.
Subject: RE: Public Service Announcement

No steps ,Expensive and Worse insurance, 3% paid  into retirement. Can’t we win one little battle. [we've lost all] hope.

Here’s another:

________________________________

From: Cheryll
Subject: RE: Public Service Announcement

Javier,

Your sentiments accurately depict [the situation].  However, the eyes that need to see this have not been included in this e-mail to the staff here at our school.  Please know that the decision for insurance coverage is made between the union and the members of the school board.

This type of dialog must be shared prior to voting.  We must take a pro-active role to make sure all voices and concerns are heard PRIOR to decisions being made.

Do things have to stay this way?  No!  We must not become complacent.  Javier, I know you are an active member, who does vote and voices his opinions regularly; however, we need everyone to get on board to make things change favorably for us.  You’re are so right, we can’t keep burying our heads in the sand.

It’s hard for each of one of us to wrap our head around the fact that our salaries remain stagnant, while the cost of so many other things continue to escalate. Despite this mind-boggling reality, we continue to come to work every day and give our all.

And

________________________________
From: Susan .
Subject: RE: Public Service Announcement

Thanks so much for your email.  I hope UTD sees it.  I would say a few choice words but they read our emails, my principal does.
________________________________

And

________________________________

From: Barbara

Javier,
Thank you for speaking up!  It is horrible what they are doing to us.

And

________________________________
From: Linda
Subject: RE: Public Service Announcement – please forward systemwide

I’m with you 1000% (obviously I’m not a Math teacher….LOL).

And

From: W
Subject: RE: Public Service Announcement

Dear Mr. D:

I received a letter the other day from CIGNA notifying me that I can no longer get medications at any CVS pharmacies and that I must now be part of the Cigna Home Delivery.

They told me in the letter that MDCPS agreed to make it mandatory that all prescriptions had to go through the Cigna Home Delivery.  Why?  Apparently both Cigna and MDCPS save money by forcing us to become part of Cigna’s Home Delivery.

What if I don’t want that?  Too bad, Yes, the other pharmacy options are available, but as you mentioned for only three months.

It seems like someone is getting paid or getting some kickback by agreeing with Cigna that MDCPS employees must use Cigna’s system or no meds.  Isn’t incredible that MDCPS agrees to this for its employees?

Don’t even talk to me about UTD because they are in bed with MDCPS.  I wouldn’t give them a dime.  It is pretty disgusting but this is what they are doing to the employees at MDCPS and MDCPS and UTD are both to blame, they are part of the problem, if not, they are the problem.

And

________________________________
From: Janice .
Subject: RE: Public Service Announcement

right with you..what cost me 100.00 last month for 5 prescriptions ..coat me over 300.00 dollars this month.

And

________________________________
From:Susan
Subject: RE: Public Service Announcement

The cost of my monthly prescriptions jumped from $100 a month to $155 a month when filled at a pharmacy.  I [am now receiving] multiple calls from the Pharmacy Benefit company urging me to fill meds for the 3 months.  Very aggressive calls.  I guess whoever we are contracted with for pharmacy was not getting enough orders (?$) so now it is mandatory.  How interesting.

And

________________________________

From: Linda L.
Subject: RE: Public Service Announcement

I was also shocked after visiting the lists of pharmacies and noticed that CVS was no longer on the list. I spent time placing all of my medications with CVS. THIS INSURANCE IS HORRIBLE!!!!

And

________________________________
From: CF.
Subject: RE: Public Service Announcement

Thank you for putting into words my feelings. I dropped all insurance with the the school board and found cheaper ins. outside the system.

Please don’t get me started on the utd those people must be loading their off shore bank accounts with your dues monies right along with the school board members getting theirs from cigna.

Our gov.& leg. are in the pockets of big business ( a no win contest ) so …..to the streets….. people and throw the BUMBS OUT
______________________________

And (from the “UTD puts another teacher on Welfare” files):

________________________________
From: Chris.
Subject: Re: Public Service Announcement

You are absolutely correct. As a single mom who pays child support and all my daughters expenses, I have had to apply to kidcare because I can’t afford the co pays and meds.

And

________________________________

From: Therese
Subject: RE: Public Service Announcement

I hear you brother and totally support you!!

And

________________________________

From: Angel
Subject: RE: Public Service Announcement

Well said, Javier. I agree 110% with your opinion and support your way of explicitly put it publicly so everybody can read it.

And

________________________________
From: Jane .
Subject: RE: Public Service Announcement

I do agree. I tried the mail order and they changed my medication to something I didn’t want and claimed my dr. changed it (she did not- they called her and told her I was OK with changing it, which I was not, they hadn’t even asked me).

And

________________________________
From: Hilda .
Subject: Public Service Announcement

Javier,

That is horrible! Your words were so true.

Hopefully our union will take your words and stop letting Dade County continue taking away from us.

(keep HOPING sister…now get out and VOTE!)

And

________________________________
From: Maria .
Subject: RE: Public Service Announcement

Javier the biggest issue is that UTD LIED!!!!!!!!!!!!!!!!!!!!!!!!  they said vote yes everything will stay the same so we trusted them and when time came to renew online and you actually read the coverage surprise there were actually lotssssssss of changes,

I already had trouble with the mail in delivery as opposed to my nice one on one with my CVS pharmacists. And go and check the other services, a colleague just had an MRI which she could of had at Baptist for a 100 with the other incusrance but now is 500 so her choice to go to MRI Dadeland which is cheaper 100.00 and her experience was a “NIghtmare on Dadeland Street”.

Our problem is UTD stinks from head to toe it is my opinion that they have not represented US in years

And (from the “Another teacher on welfare” files):

________________________________

From: Shelly
Subject: RE: Public Service Announcement

Employees with a REAL UNION the entire family gets health care, without deductions (!) if one parent is a teacher, whether they have one or 14 children.  Seriously.
When I came here and saw what UTD offers its teachers, I felt so sorry for the teachers in terms of the package that they receive and so many people I know have left teaching, whereas once it was a ‘calling’.
As for me, my three children are on Kidcare for $15 a month and they receive whatever they need from any pharmacy I choose.

And

________________________________
From: Pedro
Subject: RE: Public Service Announcement

Dear Javier:  You are so right in writing this e-mail about the total disrespect given to teachers.

Our inept union is wordless and useless in addressing the issues at hand.

Our benefits are slowly dwindling to nothing.

Yes Javier, it is our fault in not addressing this issues at hand.

And (another teacher on Welfare):

From: Mark
Subject: RE: Public Service Announcement

I am also having trouble with CignaTel-Drug.  They are slamming me with medicines I didn’t order.  They claim my doctor ordered it and refuse to take the medicine back or refund my money.  When I expressed my displeasure they told me to fill my prescriptions at the local pharmacy from now on, which is, apparently, no longer an option.

Our insurance gets worse and worse, the costs higher and higher, our options fewer and fewer, our financial situation more and more difficult.  This year for the first time ever, I took my child off the board insurance and put him on Florida KidCare, a much better, more affordable option.  This is very sad and I feel that was the goal of the contract, to get our dependents off, so MDCPS doesn’t have to supplement the costs and can save the school system more money at our expense!

It is very disappointing to be a professional dedicated to teaching for 27 years and made to feel that you are not worth a decent contract and we have no one that truly represents us.

And

_______________________________
From: Nancy
Subject: RE: Public Service Announcement

Guess what?  I just reordered a refill on my prescriptions from CIGNA and got the first part of my order yesterday.

One medication that I have paid $172 an order (the 3-month order) was $260 for the SAME prescription!  If that is any indication of the changes in our plan, with the high-end medications I take on a regular basis, it will cost well over $2000!

And

________________________________
From: Maya
Subject: RE: Public Service Announcement

Thank you sooooo much….I have been mad about this!

And

From: Mike
Subject: RE: Public Service Announcement

FACT I just went to look for my wife’s allergy pills in march singular $1.00 and Walgreens just ask for the same prescription for 10 pills but this time they wanted $40.00/$4.00 per pill.

I ask them about generic and their respond “it does not matter they cost the same” ?

And

From: Josefina
Subject: RE: Public Service Announcement

Very well put! I agree completely!

And

From: Donna

Subject: RE: Public Service Announcement

Thanks for your email.

I already went your same route and I did not get a response from anyone, including UTD.

After 12 years with CVS and having everyone at the pharmacy know me, I had to transfer everything to Walgreens.

Sad to say, but no one seems to care.

Overworked and truly underpaid!

And

________________________________

From: Vicki

Subject: Yep. My sentiments exactly!

Sir, I am also deeply troubled by the “changes” and the lack of response of our union! But what else is new.

Please accept my sympathy, and hear my voice of agreement, with all you have said.

UTD IS A SHAM. GREEDY WOLVES, ALL OF THEM.

And

________________________________
From: Margaret
Subject: Thank You

Thank you for the update on the Cigna situation. I was aware of it, but have not gotten around to doing anything about it yet.

I am so disgusted and depressed about this, and I am not sure there is anything we can do at this point. I will send an e-mail to the school board and UTD but I just don’t have any faith that anything will ever change. You are right, we DO need a revolution.

And

From: Leon
Subject: RE: Public Service Announcement

My heart goes out to you. I am paying an arm and a leg for pain killers and anti-inflammatory pills . I don’t know how much longer I can go on like this. It is a catch 20.

And

From: Tam
Subject: RE: Public Service Announcement

I feel your pain…and I commend you for sending this email.

And

________________________________
From: Margarita
Subject: RE: Public Service Announcement

As a fellow teacher, I feel your pain.  Also, I had a really hard time trying to transfer my monthy prescription to Walgreens .  I tried online , and it didn’t go through.  I had to go to the pharmacy three times before I got it. Also the copay is greater. I don’t know where we will end up with all of this.

All they do is take and take and take from us.  We give more and more and more, and because they know teachers are the kind souls we are, they keep abusing.

What else can we do as a unit?  Why is the Union not helping? People are going to end up withdrawing from the Union to be able to pay for meds and to make up for all they take from us.

And finally, a teacher forced to go on welfare by the school system and its agent, UTD:

From: PJ
Sent: Wednesday, May 09, 2012
Subject: I need y our help!

I am so sorry…I was supposed to go to the Government office yesterday…. They were able to reschedule but for today at 1:00….I’m so sorry to spring this on you all. But I can survive financially because of these funds.

Sorry for the short notice.

Teacher Contracts bad?

Quality professionalism contingent on quality pay?

shortlink:  http://shawnbeightol.com/blog/?p=346

---

---

From: Beightol, Shawn E.

Sent: Wed 4/18/2012 11:45 AM
To: ‘Karen Aronowitz’; S Mark D.; DeLaO, J.
Cc: Randy Biro; Carvalho, Alberto M.; Feldman, Lawrence S.; Weisman, Enid; Jason Joseph; Joe Minor; Dia Falco; Michael Molnar
Subject: RE: Public Service Announcement

Karen:

Would you state for the record that the 2 healthcare votes (May 2011 and February 2011)

a)       contained language addressing salaries,

b)       that the February 2012 “healthcare” vote froze the salaries to 2010-2011 levels (http://www.utd.org/file_download/651/TentativeAgreement-January27-2012.pdf see page 29, D.1),

c)      that the May 2011 “healthcare” vote froze 2010-2011 salaries to December 2009 levels (http://www.utd.org/file_download/371/Tentative+Agreement+2010-2011+Addendum.pdf see page 5, bottom of the page)

d)       that the net result of these 2 “healthcare” votes freezes the entirety of our salaries to 2009 until the next contract is approved (probably December 2012, based on historical practices)

Would you also explain the process by which RTTT performance pay might be “lost” to test development when in fact, MDCPS state approved RTTT application ONLY specifies RTTT money as performance pay?

You said this in your “what a no vote means” propaganda letter: “The 14 million dollars from this year’s RTTT grant funds could be spent on test development and software like in other districts around Florida rather than being distributed as bonuses to teachers.”

Yet MDCPS’ Scope of Work at http://www.fldoe.org/arra/pdf/Dade.pdf pages 79 & 80 clearly shows the money earmarked for performance pay (bonuses) through 2014.

Thanks for all your “hard” work on our behalf. ; )

Shawn Beightol

www.bit.ly/edutalk

---

From: Karen Aronowitz [mailto:karen@UTD.org]
Sent: Wednesday, April 18, 2012 11:02 AM
To: Mark D.;  Javier E.
Cc: Randy Biro; Karen Aronowitz; Carvalho, Alberto M.; Feldman, Lawrence S.; Beightol, Shawn E.; Weisman, Enid; Jason Joseph; Joe Minor; Dia Falco; Michael Molnar
Subject: RE: Public Service Announcement

Dear Mr. Silverman:

This is inaccurate information being spread throughout the district to cause more confusion.  I am working with the district to get the most accurate information for all employees affected.

In unity,

Karen

Karen Aronowitz, President

United Teachers of Dade (UTD)

2200 Biscayne Blvd, Miami, FL 33137

Office – 305-854-0220

Fax – 305-576-7738

From: Mark
Sent: Wednesday, April 18, 2012 9:10 AM
To: Javier
Cc: Randy Biro; Karen Aronowitz; Carvalho, Alberto M.; Feldman, Lawrence S.; Beightol, Shawn E.
Subject: RE: Public Service Announcement

I am also having trouble with CignaTel-Drug.  They are slamming me with medicines I didn’t order.  They claim my doctor ordered it and refuse to take the medicine back or refund my money.  When I expressed my displeasure they told me to fill my prescriptions at the local pharmacy from now on, which is, apparently, no longer an option.  Our insurance gets worse and worse, the costs higher and higher, our options fewer and fewer, our financial situation more and more difficult.  This year for the first time ever, I took my child off the board insurance and put him on Florida KidCare, a much better, more affordable option.  This is very sad and I feel that was the goal of the contract, to get our dependents off, so MDCPS doesn’t have to supplement the costs and can save the school system more money at our expense!  It is very disappointing to be a professional dedicated to teaching for 27 years and made to feel that you are not worth a decent contract and we have no one that truly represents us.

Mark

Senior High School

From: Javier

Sent: Tuesday, April 17, 2012 6:54 PM

Subject: Public Service Announcement

The following message has been sent to the Superintendent, School Board Members and the UTD.  Please do not feel the need to respond to me.  Instead, write them and let them know your displeasure.  I would also suggest you forward this to your congressperson. If you concur, don’t write me – DO SOMETHING.  If you disagree, don’t bother responding, because I’m done with the excuses and the apologists.  We need a revolution people:

As of April 1, 2012 CVS is no longer accepting Cigna. Well, they still accept Cigna, but not MDCPS’ Cigna.

If you get sick and get medicine prescribed to you or break your leg and get pain killers prescribed to you, you may get your meds at either: Navarro, Walgreen’s, Wal-Mart or Publix (not CVS).  However, if you get meds monthly (i.e. diabetics) you will only be allowed three purchases at the above pharmacies. After that, you MUST and can ONLY get your meds through a mail order system.

From the moment you make your first call to Cigna Home Delivery Pharmacy to set up your account it takes 3 weeks for you to get in the system – so act fast.  It takes 7 – 10 days to receive your meds from when you order – so don’t wait to the last minute to re-fill. The nice lady on the phone recommended you order your re-fills 2 weeks in advance from when you are going to run out.  She also recommended that you do not use your 3 re-fills at your local pharmacies and save them for just in case there is a problem with delivery. (Incredibly reassuring)

So for example:  I used to pay $20 co-pays for each of my son’s 5 prescriptions (3 months supply) for his diabetes. That works out to $33 a month ($100 every three months) for his supplies. Now it will be $80 for three months supplyof each medication. Math teacher’s help me out here: How much is $80 times 5?  How much? Oh, $400.  That is how much I must now pay every three months for my sons diabetic supplies. That works out to $133 a month.  Math teachers, help me out again. What’s the difference a month? How much? $100.

Thank you Miami-Dade County Public Schools for providing us with “top-notch” insurance benefits and single handedly raising my cost of living. And thank you UTD for fighting for our steps we have not gotten in 5 years and for letting MDCPS get away with our new insurance policies. If you are not part of the solution, you are part of the problem.

P.S.

Don’t get sick or have your family members get sick

Javier

Senior High School

shortlink: http://shawnbeightol.com/blog/?p=340

This is what I wrote to a guy who wrote in defense of this Bullshit graphic:

yeah, that’s why I measure the return on investment for the flowers I buy…I’ve downgraded to carnations since they produce 87% the same effects…NOT

some things you can measure. Other things you cannot. Perhaps you are familiar with the quote attributed to Einstein that appeared in
the British Medical Journal (1967):
“Research is supposed to train the mind into channels of scientific (and therefore respectable) thought, but does not this kind of research sometimes encourage the erroneous belief that only that which can be measured is worthy of serious attention? ‘Not everything we count counts. Not everything that counts can be counted,’ was wisely said by Dr. Stephen Ross.”

Most educational experts on the ground (floor) of education agree that the current “Value Added Models” have reduced the art of teaching and the complex inter-relationships of the multi (and incompletely identified) variable to a paper-thin 2D (mis)representation. Furthermore, here in Florida, the egregious prohibition by Florida legislators to include SOCIOECONOMICS (even though it is recognized by every serious educational researcher as correlated to performance) seriously masks/hides the multitude of variables influencing a child’s ability to socially cooperate, mutually respect, and emotionally and nutritionally be able to focus on 7-8 hours of lessons each day.

Funny that when we select a tennis coach or piano instructor for our children we conduct VERY different assessments of their ability versus our child’s preparation and readiness.

The National Coalition for Parental Involvement in Education adds these indicators that should also be factored into the grading of a school (and thus, likewise, into evaluating a teacher): “indicators [such] as past student assessments; socio-economics status; the levels of parental involvement; quality and competency of teachers; special student needs such as health and social service support, instructional interventions such as preschool programs, before and after school offerings, tutorials, and expanded school day and school year opportunities.” These are just SOME factors.

The National Education Association identifies a more robust list and categorizes the factors in terms of who has control:

Within Schools’ Control
Schoolwide Factors
Low expectations for student achievement;
Lack of rigor in the curriculum;
Large class size;
Tracking groups of students into a less
demanding curriculum;
Unsafe schools;
Culturally unfriendly environments; and
Poor, or no, instructional leadership.
Teacher- and Teaching-Related Factors
Uncertified and inexperienced teachers;
Insensitivity to different cultures;
Poor teacher preparation;
Low expectations of students; and
Inadequate materials, equipment, and
resources, including technology-based
resources.

Outside Schools’ Control
Factors in the Local Community
Economic opportunity for students’ families;
Access to health and social services;
Community safety;
Access to libraries, museums, and other institutions that support students’ development; and
Access to child care and after-school programs and facilities.

Students’ Background
Families’ income level;
Students’ birth weight;
Students’ diet and nutrition at home;
Students’ mobility; and
Students’ primary language (if other than English).

Student-Related Factors
Students’ interest in school;
Students’ level of effort;
Students’ feeling that they are, in part, responsible for their learning.

Education Funding Shortfalls
State budget deficits;
Unfunded federal mandates; and
Inequities in funding among school districts.

Families’ Support of Students’ Learning
Families’ participation in school activities;
Families’ skills to support and reinforce learning; and
Students’ TV watching and at-home reading.
Time family members are able to devote to support and reinforce learning.
Other Factors Societal bias (racial, ethnic, poverty and class)

All of this aside, we educators come back to the analogy of trying to measure a dentist by the number of cavities in his/her patients. Sure, you could measure the incompetent ones by complaints filed, but how would you really know the good dentists, particularly if you ignored social/cultural trends and socioeconomics and their affect on personal dental hygiene? You couldn’t.

But you know a good dentist when you visit one a few times and come out smiling…or the converse.

Some things, like piano instructors, dentists, artists, poets…are not quantifiable the way that economists, sociologists, and technologists would like…and have attempted to “metrify.”

I will leave you with the absurd metrification of poetry as presented in “Dead Poets Society” to illustrate the folly of reducing to a metric some pursuits (like the ROI of flowers for one’s wife?):

‘Understanding Poetry,’ by Dr. J. Evans Pritchard, Ph.D.

To fully understand poetry, we must first be fluent with its meter, rhyme and figures of speech, then ask two questions: 1) How artfully has the objective of the poem been rendered and 2) How important is that objective? Question 1 rates the poem’s perfection; question 2 rates its importance. And once these questions have been answered, determining the poem’s greatness becomes a relatively simple matter.

If the poem’s score for perfection is plotted on the horizontal of a graph and its importance is plotted on the vertical, then calculating the total area of the poem yields the measure of its greatness.

A sonnet by Byron might score high on the vertical but only average on the horizontal. A Shakespearean sonnet, on the other hand, would score high both horizontally and vertically, yielding a massive total area, thereby revealing the poem to be truly great. As you proceed through the poetry in this book, practice this rating method. As your ability to evaluate poems in this matter grows, so will, so will your enjoyment and understanding of poetry.

Excrement. That’s what I think of Mr. J. Evans Pritchard. We’re not laying pipe, we’re talking about poetry.

No…we’re not laying pipe…we’re dealing with human beings with SO many variables affecting their ability to sit, learn, study, read, concentrate, behave…

let’s commit ourselves to producing artistic, professional teachers by providing high quality teacher training/degrees and evaluations/observations, keep the family of the child involved, provide qualified professional and knowledgeable school site administrators (principals)…

let’s FACE the causes of educational dysfunction that are resulting from our societal values, including rampant materialism, entitlement, blame of others, and hands-off/absent parenting.