2009Editorial Writing

Open tentative contracts to public

OUR VIEW:Public is paying for decisions in which it has no input.
By: 
Mark Mahoney
November 13, 2008;
Page A4

Imagine you're driving past your kid's school and you notice some construction you hadn't seen before.

Dump trucks and construction cranes and burly guys wearing helmets, and traffic cones and red steel beams lying on the lawn, the whole works.

Out front, a big sign with a painting of a building on it says, "Site of our new $6 million administrative center."

You pull over and ask what's going on, and the construction manager says, "Didn't ya hear? The school board approved it last month."

WHERE IT HAS HAPPENED

Examples around the state of taxpayers being shut out of costly contract talks.

Village of Johnson City: Only after the village board approved anew contract with the firefighters’ union, by a 3-2 margin last May 20, village residents discovered it would raise the firefighters’ already generous salaries by more than 33 percent over five years. On June 17, village officials disclosed they had erred when calculating the raises. The five-year increase will actually come to just over 41 percent.


Utica City School District: On the first day of the 2008-09 school year, 845 teachers were handed copies of a tentative four-year union contract, which they ratified Sept. 15. The superintendent of schools refused to publicly disclose contract terms until after the Board of Education approved the deal, eight days later. The first-year raise for many teachers came to 4.64 percent. Even more significant, the contract guarantees lifetime health insurance for all teachers who retire after 10 years on the job.


Pine Bush Central School District: After threatening an illegal strike, the teachers’ union agreed to a new contract in late May, but neither side would release details until the school board’s ratification vote on June 10. It turned out the reported three-year deal would raise base salaries by 11.4 percent, on top of longevity step raises that average 2.2 percent a year.


State of New York. In August, Governor David Paterson announced the state had reached a tentative contract with the state Police Benevolent Association. The agreement calls for 14 percent in base pay hikes over four years. The Governor’s Office of Employee Relations refused to release a full copy of the tentative contract on the ground that it could “impair” ongoing negotiations with a separate union representing State Police investigators.


Rondout Valley: School officials required a FOIL request before releasing details of a newly ratified teachers’ contract raising pay 22 percent over five years.


Westchester County: The county and the 4,000-member Civil Service Employees Association (CSEA) Unit 9200 announced a tentative agreement Sept. 16, which the union celebrated with a public rally that day. A local newspaper had to file two FOIL requests before obtaining a copy of the new memorandum of agreement from the county on Oct. 8 — six days after ballots were mailed to union members. The document showed the pending contract called for salary increases of 22 percent over a six-year period.


Oswego City School District: In November 2007, three of seven school board members voted against a five-year teachers’ contract providing 22.7 percent raises because they hadn’t received adequate answers to their questions. “It was voted on by the union before we even saw it,” complained a former board president. An attempt to table the vote was rejected.


Source: Empire Center for Public Policy. For the text of the full report, visit www.empirecenter.org/files/

If you're a taxpayer in that district, and the school board went ahead and approved a multi-million-dollar project in secret without providing you with any details until the construction was already under way, you'd go out of your mind. And you'd be justified.

But that's exactly what school districts do to taxpayers when they approve contracts behind closed doors without providing any justification, any breakdown of the cost impact or any opportunity for the public to comment until after the final decision has been made. Since personnel costs are by far the largest portion of any school budget, making up about 70 to 80 percent of an entire school budget, the expense to taxpayers can easily be millions of dollars a year.

It was June when the Fort Edward school district and its teachers union agreed on a new contract. It was July when the board and the union ratified the deal without having released details to the public. And even though The Post-Star filed Freedom of Information Law (FOIL) requests for a copy of the contract months ago, we have yet to receive it, five full months after the board approved it. That's a flagrant violation of the Freedom of Information Law and a slap in the face to their taxpaying public.

Unfortunately for taxpayers all around the area and state, this is not an unusual situation. Millions of dollars of tax money is being spent in secret all over the state without any opportunity for citizens to influence the decision.

The Empire Center for New York State Policy, an Albany-based public advocacy organization, issued a report earlier this week citing numerous examples around the state, including the Fort Edward case, of taxpayer abuse in the name of contract secrecy. While school districts are often guilty of the practice, it's not limited to them. (See box.)

The state Open Meetings Law does allow boards and unions to negotiate terms of their deals in secret, the justification being that they don't want to reveal each other's negotiating positions. That's a legitimate justification for secrecy and one that the public and the media readily accept.

The problem comes when they still keep the contract secret after both sides are done negotiating and there is no longer that justification for secrecy. At that point, the only reason for a board to keep the information secret is to avoid backlash from the citizens who have to pay the tab. And fear of public retribution is not a legal justification for defying the Opening Meetings Law under any circumstances.

If the public rebels against a contract and the two sides are forced to go back and renegotiate, so be it. That's the price they pay for being on the public's payroll.

Fort Edward officials say they honored the public's right to know by releasing a list of the changes they made to the old contract. But that would be like sending the IRS a shoebox full of receipts and claiming you filed your taxes. Sure, all the information might be there. But the IRS shouldn't have to sort it all out for you (and they won't). Same thing with taxpayers. Give them a document, not some shoebox full of changes that they have to then cut and paste into the old contract in order to make sense of it.

As a result of the many flagrant violations of the public's right to know, the Empire Center is pushing for changes to the Open Meetings Law that would require government bodies, including school districts, to release tentative contract agreements prior to ratification.

But the center goes even further, seeking a breakdown of the long-term cost of any contract, a breakdown of savings attributed to union "givebacks" and a list of proposed salary increases on an annualized and cumulative percentage basis.

Employment contracts are the biggest line item in any government budget. Taxpayers have a right to see them before their government boards approve them.

Barack Obama

(Derek Pruitt File Photo)

We fully support any amendments to the Open Meetings Law that will make our government more transparent and more accessible to the people.

Local editorials represent the opinion of the Post-Star editorial board, which consists of Publisher Rick Emanuel, Editor Ken Tingley, Editorial Page Editor Mark Mahoney and citizen representative Robin Temple.