001Oh, we're good. Um, I'd like to call the regular schedule meeting to order. If we can stand for the pledge of algebra right here. >> Uh, ready, begin. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> All right. All members are present. Um, public comment. Would you guys like me to read to you the public comment in case you want to make some? You have time on the agenda. So, no, we don't need that. I'll wave the reading if everybody's okay with that. We're going to go to commissioners reports. Mr. Size, >> anything? Nope. Mr. G, >> nothing. Um, from me, welcome back school folks. Hopefully CSEA is, you know, doing their
002wonderful things and things are going well and being well supported and everything else. So, that's that and the same for you guys on the other side. I guess >> these are the important ones. She's like front and center right now. Um, with that we're going to go to CSCA. >> Okay. Um, feel weird standing. >> I feel not weird. >> Please feel free to use the big gigantic room to walk and talk. >> No, I just feel weird. It's just disrespectful, but it's we're so close. I know. >> Um, so yes, everybody's back. We do have um some I don't want to start off with the negative, but yes, welcome back. We are back and and we're going um but I'm not usually a negative part. I don't but we have had some issues um
003already starting off the year um specifically in this office um in the classified staff office. um when it comes to some of the hiring stuff right now. So trying to work through all those kinks and get things corrected. Um but it has been quite a few things within a short period of time. So just wanting to members are just a bit upset about making sure that processes are getting followed the way they're supposed to. So >> you like to elaborate to the commission >> on your side from the cse. I'm not it's nothing personal. It's just processes aren't being followed in regards to rankings, interviews, flying positions, things like that. So, we just want to make sure that >> now I understand what we're referring to. Okay. I didn't know if it was something different.
004>> And um so just, you know, making sure that that stuff because that's the whole point of hiring based off a ranking system. You know, we need to make sure it's getting followed, things like that. So, we've been in communications um with the district, with Dan. We're just working through those things. I just wanted you guys to be aware that it is coming from the membership. You know, if they're going to be in place, we want to make sure it's getting followed. That's the whole point. Um but on a positive side, we are getting vacancies filled. So, that's that's nice to see. Um the timelines are becoming shorter, so that's great. Um we're not having these extensive timelines of filling vacancies, so that's great. Um and then you know just trying to get things rolling
005for the year get everybody's you know it's been a rough for myself personally just with in the health department um with immunizations you know just trying to to get all that so some kinks there um changing umbrellas so just learning who's following under who's falling under new departments um who new administrators are going to be for example like myself, I used to fall under the junior high, now I fall under people's services. So, just some changes there, you know, just members are aware of those changes as well. And then on the administrative side, just a couple things have come up in regards to for us that administrators understand how the CSEA chain of command works um and following that. So just a little kink a a few kinks that we haven't really had too much
006issue with have kind of come up at the beginning of this school year. So um but on a positive note we're all back. So >> are there issues on our side as far as chain of command issues. >> Not in that regard only in the regard of just making sure that the hiring processes and policies that we've been addressing. >> Right. Right. So, but other than that, I mean, it's kind of been a little bit of a rocky start, but you know, we're we're back and we're trying to fix all the kinks. So, >> and I think I can speak for the commission and I've you know me, I address >> I do understand that there were some issues going on. We have been in communication. We've tried to correct them the best that we
007can. There are new things in place and we hope that the membership understands that we take it very seriously. We understand what is going on and we're working through the process and the right things moving forward. >> As for we in the communications, I just want it to be transparent that because of those things and things that have happened in the past, people are a bit, you know, some of the members are a bit upset. um and understand rightfully so, but we're working trying to work through those kinks, but just want that to be made aware. Um because, you know, ultimately we're here for the membership and making sure that everybody gets that fair chance >> and as soon as we heard about it, we had a special meeting about it. >> Yeah. And so,
008we as a commissioners have your best interest at heart and we're going to make sure that your membership >> say that because that's what that's what we, you know, are looking for. So, but I just wanted to make sure that I voiced that from the membership membership side of things. Um, so that it was voiced. So, that's what I have for tonight. >> Please voice to them that heard, understood, and will be followed through. >> We do have our first meeting. We had anformational meeting. I apologize. Let me We did have an informational meeting um where we did give two new job stewards, Brianna Simonitis and Carrie Thomas, who are job stewards um their jackets. So, they finished all the classes along with myself, but you know, I finally finished all the classes for the
009third time. So, and officially got my as well. Um, but so we did do that and then we have our first official business meeting will be Thursday the 28th right here in this room. So, that's what I have. >> Thank you, ma'am. Mr. Gutierrez, >> thank you. Good afternoon, everyone. Uh, so first of all, we had a really good start to the year. Uh, really pleased on how it rolled out. We had I think we were on the same page in terms of I visited all the school sites. Uh it was nice to see all the kiddos and all the work that you know uh was done behind the scenes. I appreciate CSEA um you know the their work effort their their their optimism a lot of a lot of smiles. It was really good
010to see I think it it was the best start in in the last five years. >> Oh wow. >> So it was really pleased to see that. Um in addition to that we also had our first uh labor management meeting. Uh that went really well. continue doing that our monthly meetings where we actually get to discuss some of the concerns that that each side has and we we're able to work through that whole process. Uh the communication is really good with CSA and and appreciate that as well. Um, we also have someus that we're working through and a job description that we sent. We're going to continue working through and then we're uh we're going going to be presenting uh to each other our openers and uh sunshine openers so that for the school year
011so that we can start negotiations. We're going to hope uh to start negotiations in September. So, we'll see how that goes. Maybe towards the end. I don't know. >> Our openers are ready. I just have to send them to you so that you can um put them on the board along with your openers so we can go together and then we'll put >> and looking forward to the negotiations as as we always do. So um and no further things to report. >> This is you guys are going for the whole contract, right? >> We are successor this year. So all the full contract and I >> what did we say 12 articles? 12 >> 12 articles to open. >> Yeah, we have five. We just need to see if they >> mesh. A >> lot
012of work. It's going to be a lot of work. >> This is This is a fun time. >> A lot of negotiations this year. >> So, >> thank you guys. Um, Mr. Ortiz. >> All right. >> District nine. Yeah. Yeah. Mr. Ortiz, >> I think I'm next. >> Uh, good evening, uh, commissioners and guests and staff and everyone on YouTube. Uh we have two interviews in process. We have five recruitments that are in the testing stage and uh we just closed recruitments today. So so we don't have anything open. Currently have 380 classified employees. Uh 178 full-time employees. Uh 122 part-time benefit employees and 80 non-benefited part-time. As always, we have 15 classified management employees. on some of the classifications that I always give you an update on. On security, uh we don't have any
013vacancies. On safety, we do have two vacancies. However, we have exhausted our list. So, uh plus we added another uh safety position at STEM and we're going to be testing uh campus safety next week and then generates new list to be able to um fill those positions. >> You have a good amount of applicants. Maria, how much did we get in the campus safety? >> Uh, over 100. >> Oh, good. Okay. So, you got >> good. Um, the studio, we don't have any vacancies at this time. And then on the par educator list, uh, we started out with about 65 uh, candidates and we burned through that list quite quickly when we were filling the par case. And the issue is the three and a half hour positions. lots of people they have other jobs
014they have to kind of they're looking for benefits. So anyways we open the recruitment that's closing today then we're going to again move to testing and that one I do know we have over 100 but our return rate uh from people that actually apply to the ones that we can hire for some of these three and a half hour positions is less than 20%. So we need a 100 to try to get 15 of them. uh in the last round we hired uh we made offers to 13 during that uh big interview day that we had >> during those things and it goes back to the thing if we can get from point A to point B quickly we might be able to attract more but if it goes from point A to point S
015that list drops dramatically so do we tighten it up and kind of it's a lot of work for you ladies but you Yeah, we got them. It closes tomorrow. We're going to start contacting. We're going to start testing, you know, a week from Friday type scenario. And we might be able to garner some if we can move that quickly. So now we have positions open. We close the test the recruitment. We're going to test next week. Uh the results because they're digital or electronic testing. We get them right away. So we we create the rank list and then we can move to to uh actual interviews. Our target date is September first week in September to interview. >> Okay. >> For these we make it quickly because the last time we did whatever it took
016a minute and by the time Okay, you good for it. Oh, I already found another job. Oh, I don't want it anymore. Whoa. This and that. >> Like the three and three quarter. Do they have one in the morning and one in the afternoon? >> Yes. >> Yeah. And the district's not willing to just make it a like a six-hour job. You know, I know it's because of the benefits, but I mean, you'd have more people. >> Well, of course, >> they wouldn't turn and that's always been the case for 20 some odd years. >> Yes. >> But >> that would I mean, that's something you two guys would have to work out, you know, and but I mean, if you're because it seems like we're always hurting for better educators, you know, it's got
017to decide if it's worth >> Yeah. the three and three quarter hour uh positions there's a lot of turnover because >> some individuals will take the position just to get in the district and then yeah soon as they can they find something else they can move to or higher hours or whatever. >> So yes, there's it's an ongoing issue. >> Uh but we'll close the list today and we might reopen again, right? And I've been recruiting at the college. Yeah, I've been recruiting at college quite a bit because >> those might be individuals that want to work the >> work three hours a quarter because they're going to school, >> right? But again, we don't know. I mean, they might need benefits, you know, might actually need the money. So, it's up to them. But,
018but yeah, we're trying to work through all those >> question. I'm sorry. I know it's not my turn to speak, but um >> when you say no open open recruitments, you're talking about open and promotional, right? because we do have some that are on the transfer demote that are still open. So, okay. So, just want to clarify verbiage in my head, >> right? >> Okay. >> And with those that have been established, those have to go to the transfer dem. So, have to go through. So, that'll give us another 21 days we have to wait before we can move those to interview. >> Yeah. So, let me uh keep on moving down the line here. Uh so, we're uh working on testing. Here's the classifications. Translator, interpreter we still have in the on the pipeline.
019Uh the regular PAR list that closes today. Then parasition services one and campus safety she can do. >> Let's see what else do we have. The campus safety and security trainings. That was one of the tasks that the district kind of asked me to help them out and facilitate. So we managed to train train them all on July 28th, 29th and 30th for um Alice training or active shooter uh team building and also the CPI training which is the crisis intervention training. So we got all that figured out. Uh there's uh nutrition services one and two interviews that are have also been ongoing and those positions are getting hired. So the staff is processing those and they're also onboarding uh substitutes for the office assistant par educator and also the newly hired NSW1s and then
020the u digitizing of the um >> record >> the records right on the spider room or the the room outside. Uh that's another task that I kind of have been uh working with in collaboration with with Mr. And so they picked up all the rest of the files. So now all those rooms are empty. So everything everything's getting digitized. >> So lots two full truckload. So it was 16 pallets of >> Oh wow. >> It's a lot of stuff. So all that um let's see >> that dates back a while I'm sure. >> Yes. Um >> interesting. But I mean >> yeah literally. Yes. I could imagine. >> I think it might have been 60. Some of them >> some of them were 60s. >> That would be kind of cool. >> Cool registrations and
021things. Um what else do we have here? Uh we have this flyer that I've uh handed out about the this uh one day training for um >> on um the PCA and the merit systems. It's on September 24th. So if you all let me know if you're interested, we'll uh I'll bring that up at the next meeting to actually have the PD1 and all that. >> Okay. >> I believe Mr. Gutier is also attending that. I can get this. >> Oh, you're interested in it. >> Is it? I'm sorry. >> We were side comboing. I'm >> of course you guys let him know that you guy buys lunch, right? >> Better yet drive. >> I'll buy lunch. Somebody else drives. Still contemplating. >> That's it. So, we have that. Uh, and we've been having a
022lot of conversations out there in the district with some of the members and with Miss Renee here from CSEA. So, a lot of the issues that were brought up, we've addressed, you know, the commission and the staff. So, we've made some changes already in some of the procedures to make sure that we're moving forward in the right way and make some corrections. So, that is all I have on line with partners. Thank you. I entertain a motion to adopt the agenda as presented. >> Motion second. >> Anybody want a full vote do anything on the agenda? All in favor? >> I >> opposed. Um, we're going to move to the consent list. Um, we have the ratify the eligibility list for the human resources technician. I will entertain a motion. >> Motion. >> Second. >>
023Um, any questions, comments, or concerns? All in favor? >> I opposed. Um, approve the legal opinion regarding Healthy Workplace, Healthy Families Act, Labor Code 245, etc. in California. Kin care leave law found at labor code 233. >> Uh, center. >> What's that? >> Exactly. Um, Mr. Orchief. So, if I put this on the on our agenda for approval, um, this is just, you know, one of the many things that hats that I I wear is I I try to educate people on things, right? Uh, really random things. I didn't think this was controversial. We had a the the startup meeting for the clerical staff where every department gives a PowerPoint presentation. I talked about the 20-day rule as part of your the CSA contract and also some labor code. Uh there was some of our
024participants that had real objections to you the labor code applying to our to um school district personnel. And I did a double double check and it looks like we're okay that that that labor code does apply. But I'd like to get a more of a formal uh opinion on this so that we can again educate everybody and we can just read it. Uh if anybody has, you know, an interest in it, we'll definitely give that to the district department etc. >> I will entertain a motion. >> I just have a question. What is I don't know what this is. >> Okay. So, uh section 233 of the labor code um deals with uh employees being able to take sick leave and not being retaliated against for asking for sick leave. So, that's that's one part.
025The other part that is mentioned here is the Ken Act is where you can use your sick leave to uh take care of somebody in in your home, right? kid or your spouse or another family member. Uh some of that stuff is not necessarily addressed in in contract. Uh but this uh there was a specific uh Senate bill that allowed this section of the labor code to apply to all public employees. And so that's that's where this kind of triggers. So what had happened in the reading that I did when he called me on it is the actual law itself didn't establish school districts. I mean, specifically was a carveout in collective bargaining. >> And for whatever reason, um, Nuome, the only good thing, and I'm not going to specifically say that, you know, he's
026a good guy, recognized this fact. It did go back to the floor and they specifically put in this act to fill the loophole of where school districts and collective bargaining fell in, if I'm pronouncing this correctly. The problem is is you have been operating under a system for so long like I could say to you what some code was and you can go back to your experience in the 80s or 90s and said no we did it this way. Yeah. >> It changed so so recently that everybody that's ever dealt with this and have worked on contracts in collective bargaining and stuff said no you're wrong you're bad and everything else. wait a minute and it literally if I read it correctly I mean it was within eight months or something of that so it's
027just a way of formalizing the fact that they are now included in this even though collective bargaining was kind of questionable they specifically state school boards are now or school districts are now part of this arrangement >> bargain for that >> you you can bargain for that but before this change in law there was a situation where those that had collective bargaining actually had less power than those that did not have collective bargaining because this law was stronger >> and you and the labor commissioner could enforce it as opposed to those that have collective bargaining agreement. So this kind of brought them all to the same. Okay. >> So it's not something they need to bargain now. It's covered under state statute >> which is I guess a good thing for labor. So >> but
028now we're going to clarify it and put it in >> statutory right now. >> Yeah. >> What's that? >> Statuto right? >> Yeah. There you go. And you can always negotiate for better. >> Oh, okay. Above and beyond. But now it's kind of very clear that you do have the right to do it. And you can of course >> So you would like to get a physical legal opinion. >> Yes. >> The one that the lady drew up in the conference and stuff, that's not good enough for what you liked. So, uh, when we get an email from an attorney, sometimes that's like you and I giving our, okay, I think this is what it is, right? Their opinion. When you ask for a legal opinion, they actually do the research and they they give
029you something more formal and a piece of paper and sign it. And that's a little bit more formal. Now, uh, that's why I'm I'm I'm kind of leaning to getting something in writing like that, but of course, it's the discretion of this commission. So who were you going to ask to do it? Just our normal counselor, outside counselor? >> So they actually wrote an article uh in in regard to this particular section. So I contacted the author and it is from a a LR the law firm and they replied back and they kind of gave us you know they gave us the green light right that we were it's it's correct that there was a change. Uh but that's like I said it's when they send you an email it's kind of >> this is
030what I think you know it's not it's not a formal >> you said it's an article a published >> yeah it's a published article so that's why I'm beginning to wonder if we have a published article it is the state statute there is no gray area I mean they get the rights everything's fine um to get something outside of that unless we have a problem I would think it's just giving money to an attorney for you know something else if there's an understanding sir >> we could also do a memorandum >> there you go >> okay we're understanding it >> and make sure that it's understood and I guess in my opinion it needs to go to a certain department so that everybody understands you know hey this is what happened this is where it
031goes and I'll let Mr. orities deal with that one or whatever, but to spend any money when I think, you know, the adults in the room understand that it's a legal thing. I mean, we're not going to have any problems and so why spend the money? >> I saw advice as well and it's it's affirm. So, we it's just a matter of us doing a memo. So, does this benefit I mean say people get a appointment but it's during working hours because I've heard just some rumblings around the district that there's telling them oh you have to get it after working hours in some departments >> for a doctor's appointment and a lot of time you don't got a choice like my doctor it's three months ahead of time and you know you take whatever
032time they have available it especially if you need >> speak on that you want me to speak So >> yeah, >> the recommend the recommendation and the and the preference has always been >> to try to make your appointments as outside of your working hours as possible with the understanding that we know >> the area that we live in. >> We know if you're going to a specialist or any type of um >> you got to go out of >> better care. >> There you go. better care physician >> appropriate. Yes, >> you have to go outside of Bartow and a lot of times those appointments are three, six, nine months in advance even. So, you know, it's it's understandable. It's when it becomes an all the time type of a thing that then we
033start to question. it starts to get questioned as to well can it's can't you can't you try like did you even try or did you just say okay >> they're the first available and work on >> it my doctor they'll you'll make an appointment five months ahead of time and then that day oh well he's not here >> and then it say okay it'll be another >> and then then they'll call you if we have an opening they'll say okay they got to open at 11 >> before I had my surgery a few years back I had to go you know I had to make my appointments out But and they only did morning appointments and I had to travel. So I had to take a whole day for that. >> But was I doing
034that all the time? No. So it's when it becomes an all the time thing then it comes into question and then right it's >> the district has never really been that way. Now what is said at the sites they might try to say that just to >> make everybody work for some you have to be a little >> and again these are case by case basis and all the years that I've been associating around here and probably say you know Rene is right. Excuse me. Miss Gonzalez is correct in that you know the guy does it and the next week he's got another one the next one and well now they're going to say something. It's like hey come on. >> But if you have one and your thing I don't think it's a problem.
035>> That's like me. My granddaughter had asthma real bad and so if she needed appointment and it was like she'd be sick and the doctor says I bring her in 11. I can do it. And so I tell my boss and he says, "Well, you know, personal necessity, you're supposed to have 24 hours." And I said, "It's asthma. She's got I said, "Take it off vacation. Take >> do whatever." Yeah, that's >> But I says, "I don't see the problem." And I said, because especially his wife had asthma, too. I said, "When she has an attack, can you say, "Oh, well, just wait till after work and then I'll take you." >> You know, >> that's when you call us and steward. >> That's when you're >> call steward or you call us and we
036get a job steward out. And personal necessity is not 24 hours. It's personal business. Just to clarify that personal business is a 24 hours, but there's always personal necessity and then they're sick. So we yeah, we kind of have the parameters. It's not really been a big >> Well, you eventually let me off, but it was giving me the it was just one time. I don't I don't know >> why what >> I think it could. Okay, so let's get back to the agenda here. I think the memorandum will suffice and we're all good. So, we're going to move on to the next item unless you >> No. Do we got to make a motion? We will. Okay. >> We're just going to die for things. >> All right. Next one is going to be
037the Excuse me. I apologize. Um, it's the request to move up. Um, we have a Where' we go? >> Um, >> yeah. 9B. There we go. I have to take my glass off. request for advanced step placement CSEA range 24 step 405 for Teresa Magaya par Educator um I'm going to make a motion where I need a motion and a second um to start the discussion >> motion second I this is one that actually you know did put together something well but we have kind of set this at the last and subsequent meetings So I'd like to ask you what did we do you know the last five times because we've need to stay consistent and we are staying consistent. >> So >> did we go up one or two? >> Uh one step so
038go to step two. >> Okay. Uh that's that's been our practice. Uh let me tell you what else. Uh Miss Mahia when she left last year was at step two. So she would be coming. She wouldn't be losing anything right. See, >> but our >> policy has been for the last five, we went up one step. One step >> and it looks like he draft they drafted a little matrix there of how to determine future future advanced placements. >> So I think we just stay with what it is that >> he's she wasn't she's already employee. >> She was left came back left. >> Oh, left came back. >> Yeah. Left last year came up. Um and what you found there Mr. uh G you have requested a matrix. This is a draft. It's not
039something we can use right now that looks that looks >> so that you can take home and we'll work on it. But this is just a draft. >> Sure. Sure. >> Um so let's amend the motion. >> I'll move amend the motion to move that we adopt the recommended action for step two. >> Well, you said she's already step two. >> No, she left in step two. Right now she's step one. She's she's requesting anything from a two to a five. >> Yeah. Two. >> Okay. All in favor? >> I >> opposed. >> All right. Um we are going to move into close section um for the two um items. >> What time it is? Five o'clock. Perfect.