Today We’ll Know if UTD’s Lawsuit is JUST to Introduce Karla as Next President Material or as a Precursor to a Contract Negation…Either way, UTD PROVES it is Merely an Extension of MDCPS

http://shawnbeightol.com/blog/?p=754

December 5th, 2014, United Teachers of Dade filed a lawsuit in Miami-Dade County against Miami-Dade Mayor Gimenez…

…on the grounds that he isn’t funding his office of Property Appraiser sufficiently to raise sufficient property tax to properly fund education.

Sounds good at the surface, right?

The problem is, 2 related reviews of property taxes in Miami-Dade County THIS July (2014), just prior to the inking of UTDs/MDCPS’ labor contract for teachers, show that Miami-Dade is sitting on an OVERAGE of property taxes collected THIS year (2014) of $28 MILLION and projected OVERAGE of $112 MILLION for 2015.

I was puzzled over the inclusion of the contractual caveats that stated teacher bonuses (“Prorated annualized stipends”) were dependent upon the amount of projected SHORTFALL in property tax collection: less than $20 Million shortfall, bonuses awarded this year and next; between $20-$27 Million shortfall, a prorated bonus awarded first to step 23 teachers, then step 1, 2, 3…etc until the money ran out…this year and next; and finally, if the shortfall was over $27 million, no bonus either year.

Once again, MDCPS' puppet United Teachers of Dade, is used to negate another contract clause. (click to enlarge)

I realized something funny is up when the City of Miami, the Miami-Herald, and Miami-Dade County all project OVERAGES in property tax collection this year and next, but tag team contractor destroyers MDCPS/UTD set up a contract as though there is a shortfall.

Then I learned of the 12/5 lawsuit against Mayor Gimenez by UTD…and UTD Secretary KARLA HERNANDEZ-MATS (you read right, not UTD Prez Fed).

Now it is crystal clear and here is whats going on:

1) UTD FED (em crumbs) is running for FEA Office:

UTD's FED Readies the Sinking Ship for His Departure to State FEA, Leaving Karla at the Helm

2) UTD’s Secretary Karla’s name is the only one on the Lawsuit (Fed’s is conspicuously absent)

Where's Fed? Karla is Being Set Up to Run for UTD Prez as Power Player. MDCPS is Using UTD to Set Up for Claim Miami-Dade Has Tax Shortfall to Reduce/Retract Bonuses.

3) FED may have already been manipulated into a position of power with FEA.  He is an eloquent, strong, handsome leader-looking who appeals across the demographics.  This Lawsuit introduces and paves the way for his successor at UTD, his current Secretary, KARLA HERNANDEZ-MATS

and

4) The Lawsuit sets up MDCPS with grounds to reneg on its bonus/prorated stipend this year and/or next year, either to reduce it or cancel it (I guess we’ll know today, Thursday, 12/11/14 if this will happen this year…I doubt it since it would raise the ire of so many already pissed off teachers).

Either way, it is not the teachers’ union job (UTD) to sue the city.  It is the statutory responsibility of the School Board to raise the millage on property tax sufficiently to pay their employees and operational costs.

UTD should have sued MDCPS multiple times for failure to do this.

The fact that UTD is suing the city shows me that it is once again an operational extension of the MDCPS system to do the “dirty” work, protecting those in power from a public “black eye” of raising taxes.

I’ve run out of time on this blog entry, so I’ll just post raw my ramblings in earlier emails on this topic:

I wondered why the vague language about “pro-rated” annual stipends was in the contract…hearkens back to the “amazing, unprecedented” 3 year contract Karen signed in 2006 that had the asterisk stating that the whole financial aspect depended on $350 MILLION ADDITIONAL funds from Tallahassee over 2 years (an increase NEVER BEFORE OBTAINED…and at the outset of the housing bubble bursting, impossible to expect then).I wondered why the vague language about “pro-rated” annual stipends was in the contract…hearkens back to the “amazing, unprecedented” 3 year contract Karen signed in 2006 that had the asterisk stating that the whole financial aspect depended on $350 MILLION ADDITIONAL funds from Tallahassee over 2 years (an increase NEVER BEFORE OBTAINED…and at the outset of the housing bubble bursting, impossible to expect then).

Why was this asterisk, this caveat in the contract that somebody somewhere apparently voted yes for?Why was this asterisk, this caveat in the contract that somebody somewhere apparently voted yes for?

Because just before this contract was “negotiated,” Mayor Gimenez released the city of Miami budget predicting and OVERAGE for 2014-2015 in property taxes of $28 Million…something a Miami Herald article a couple weeks later echoed.Because just before this contract was “negotiated,” Mayor Gimenez released the city of Miami budget predicting and OVERAGE for 2014-2015 in property taxes of $28 Million…something a Miami Herald article a couple weeks later echoed.

UTD is filing this lawsuit so that MDCPS can point to it and say “See, there’s a shortfall” and restrict or cancel the stipends that are due out Thursday/Friday in the paycheck.UTD is filing this lawsuit so that MDCPS can point to it and say “See, there’s a shortfall” and restrict or cancel the stipends that are due out Thursday/Friday in the paycheck.

See my attached image that I had posted on facebook for links and analysis.See my attached image that I had posted on facebook for links and analysis.

I believe you are being played right into the fraud of faked collective bargaining by being urged to sign up and support a UTD lawsuit that states there is a shortfall in property tax collection.I believe you are being played right into the fraud of faked collective bargaining by being urged to sign up and support a UTD lawsuit that states there is a shortfall in property tax collection.

*In addition to the fanatasized/smoke and mirror $350 million additional FEFP funds of 2006 you will remember:*In addition to the fanatasized/smoke and mirror $350 million additional FEFP funds of 2006 you will remember:

1) the Dec 2010 – Feb 2011 faux tough talking emails that went out from UTD re: Enid’s/MDCPS’ healthcare stance and raises.  Enid fired back her own direct appeal to the bargaining unit, circumventing the bargaining team (as the board has told us so many times they CANNOT do when we sign up to speak about our contract’s paltry raises prior to the announcement of terms) – this was a violation of “good faith” bargaining as described in Florida Law…and done to make it appear there was a real rift and real antagonism between the 2 entities.  If there had been, UTD could have filed a PERC complaint about this violation and prevailed.  See my blog for documentation and possibility 2 for my speculation that this had all been smoke and mirrors:1) the Dec 2010 – Feb 2011 faux tough talking emails that went out from UTD re: Enid’s/MDCPS’ healthcare stance and raises.  Enid fired back her own direct appeal to the bargaining unit, circumventing the bargaining team (as the board has told us so many times they CANNOT do when we sign up to speak about our contract’s paltry raises prior to the announcement of terms) – this was a violation of “good faith” bargaining as described in Florida Law…and done to make it appear there was a real rift and real antagonism between the 2 entities.  If there had been, UTD could have filed a PERC complaint about this violation and prevailed.  See my blog for documentation and possibility 2 for my speculation that this had all been smoke and mirrors:

“Regarding the Recent Volley of Antagonistic Emails between Miami-Dade County Public Schools and the United Teachers of Dade”
Shortlink: http://shawnbeightol.com/blog/?p=43 – Posted on February 4, 2011
“Regarding the Recent Volley of Antagonistic Emails between Miami-Dade County Public Schools and the United Teachers of Dade”
Shortlink: http://shawnbeightol.com/blog/?p=43 – Posted on February 4, 2011

2) the May/June 2011 accidentally won lawsuit – UTD had filed a PERC complaint in spring of 2011 stating that MDCPS had the money for our raises and healthcare.  Surprisingly (perhaps, history shows PERC finds in favor of labor/employees more than half the times), PERC sided with UTD and demanded MDCPS pay us our raises.  On the last day to respond to PERC, after bargaining unit was said to have passed the healthcare agreement which SURRENDERED our raise and then so had the School Board – UTD FAXES A REJECTION OF THE JUDGES ORDER, surrendering our raise and no increase in healthcare cost.  10 minutes later, so does MDCPS.  See my blog entry here:2) the May/June 2011 accidentally won lawsuit – UTD had filed a PERC complaint in spring of 2011 stating that MDCPS had the money for our raises and healthcare.  Surprisingly (perhaps, history shows PERC finds in favor of labor/employees more than half the times), PERC sided with UTD and demanded MDCPS pay us our raises.  On the last day to respond to PERC, after bargaining unit was said to have passed the healthcare agreement which SURRENDERED our raise and then so had the School Board – UTD FAXES A REJECTION OF THE JUDGES ORDER, surrendering our raise and no increase in healthcare cost.  10 minutes later, so does MDCPS.  See my blog entry here:

“Evidence from May/June 2011 that UTD’s Karen and MDCPS Management are Secretly Complicit Against UTD Unit Members”

Shortlink: http://shawnbeightol.com/blog/?p=365 – Posted on May 11, 2012 by“Evidence from May/June 2011 that UTD’s Karen and MDCPS Management are Secretly Complicit Against UTD Unit Members”
Shortlink: http://shawnbeightol.com/blog/?p=365 – Posted on May 11, 2012

If you read the links I sent, the City of Miami has predicted a $28 Million overage for this year and similar for next year.

The question I raised in my attachment and on the Facebook discussion groups is…knowing that both the City/Gimenez and Herald have predicted tax collection overages this year and next year, WHY would MDCPS/UTD put language in the contract about a shortfall that no one else foresees?

I believe it is a play on words that will allow the district to either cut back or nullify our “prorated” stipend amount:

IF the shortfall is fantasized by UTD/MDCPS, then perhaps it refers to a shortfall in the OVERAGE that Miami predicts:  in the past, MDCPS has told the public that they cannot fund teacher steps since Tallahassee has cut the BUDGET…when in fact, every year except a couple during the recent recession (and Scott’s first term) for the last 2 decades that I collected FEFP data, Tallahassee has INCREASED MDCPS’ FUNDING (A budget <>funding).  In other words, by using a play on misunderstood and mistakenly interchanged words, MDCPS has deceived the public into believing funding was reduced so that contracts could not be honored.

I believe that by MDCPS/UTD putting strawman language about tax shortfalls in the middle of a 2 year predicted overage that we are being set up similarly – that if the overage is not as large as predicted, MDCPS will claim it is a shortfall to save a buck on our stipends 2 years in a row (the contract offers the possibility of the stipend repeated next year).

My biggest problem with this –  other than we don’t actually have a union representing us as much as MDCPS, a public entity governed strictly by law, has a private entity with much LOOSER requirements to do its dirty work - is this:

it’s not UTD’s job to be spending your dues money for MDCPS.  Florida law REQUIRES each school district to raise the millage rate sufficiently to pay the portion not provided by Tallahassee.

MDCPS refuses to do this for political expedience and popularity.

UTD should be suing MDCPS for not having adequate millage rates year after year thus impoverishing staff, losing best teachers, and providing sub-standard education to children.

For the same reason that local school board members don’t want to raise millage rates, for decades Tallahassee politicians have been trying to get out of the taxation and redistribution business, cutting Tallahassee out of the middle of school funding by shifting the burden locally,  requiring the local district to raise their own taxes through millage rates – it cuts out the middle man (Tallahassee) and keeps the tax money local (something MDCPS complains about)…but MDCPS refuses to raise the millage sufficiently and thus we continually have a budget that exceeds Tallahassee’s increasing funding.

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