11-14-2013 Legislative Impasse Hearing

The School Board of Brevard County, Florida met in special session for a Impasse Hearing between the School Board and the Brevard Federation of Teachers on Thursday, November 14, 2013, at the Educational Services Facility, 2700 Judge Fran Jamieson Way, Viera, Florida. Notice of the meeting was advertised in the Florida Today newspaper on Thursday, November 7, 2013. The affidavit of publication with a copy of the ad attached is filed in the Affidavit File in the Board Office.

Opening Exercises
1. Call to Order

Minutes: Chairman Dr. Barbara Murray called the Legislative Impasse Hearing between the School Board of Brevard County and the Brevard Federation of Teachers to order at 11:02 a.m.

Roll Call
2. Roll Call

Minutes: Members Present:  Dr. Michael Krupp, Dr. Barbara Murray, Amy Kneessy, Karen Henderson, and Andy Ziegler.

Pledge of Allegiance
3. Pledge of Allegiance


Chairman Dr. Barbara Murray led the Pledge of Allegiance.

Dr. Murray turned the meeting over to School Board Attorney Harold Bistline who explained the process of the Impasse Hearing.  Mr. Bistline stated that this is a Legislative Hearing under Section 4447.403 Florida Statutes and the purpose of the hearing is to resolve the disputed impasse issue between administration and the employees' unions (BFT - Local 2098). The School Board of Brevard County declared impasse on negotiations regarding Article XVII-Salary. 

Mr. Bistline stated that the impasse issue was referred to Special Magistrate, Mr. Mark Lurie, who was selected by the parties and a hearing was held on September 26, 2013.  Mr. Lurie issued his report and recommendations on October 28, 2013.  Mr. Bistline explained that the Special Magistrate recommended that the District's wage proposal be adopted.  The Superintendent informed PERC that he accepted the Special Magistrate's recommendation but the Union (BFT) notified PERC that they rejected the Special Magistrate's recommendation.

Mr. Bistline explained that due to this dispute, the School Board is meeting as a Legislative body to resolve the impasse issue.  Following the action of the Board, the parties shall reduce the language to writing and the union shall submit the language for ratification to their membership.  He stated that if the language is ratified, then the language will become part of the contract.  It the language is not ratified, the legislative body's actions shall take effect for the remainder of the fiscal year.

Mr. Bistline turned the meeting back over to Dr. Murray.

Order of Business
4. BFT's Presentation

Minutes: Dr. Murray introduced Dan Bennett, Vice President of the Brevard Federation of Teachers who gave a presentation to support the position of BFT, and Local 2098.  A copy of BFT's presentation is available in the School Board Office upon request.
5. Administration's Presentation


Dr. Murray introduced attorney Mr. Wayne Helsby and Dr. Brian Binggeli, Superintendent of Schools, to provide a presentation on behalf of the administration.

Mr. Wayne Helsby stated that he assisted the Superintendent through the impasse procedures.  He briefly explained the legal issue that was referred to by the Union pertaining to the district legally utilizing the Teacher Salary Allocation (TSA) to fund the negotiated 1.5% wage increase.  Mr. Helsby stated that the Department of Education (DOE) made it clear that the district could utilize the TSA dollars to fund a previously negotiated and agreed to increase.  He explained that the Special Magistrate agreed with the district's position on this issue.  Mr. Helsby then turned the meeting over to Dr. Binggeli.

Dr. Binggeli proceeded to give his presentation to support the position of the Administration.  A copy of Dr. Binggeli's presentation is available in the School Board Office upon request.

6. Public Comments


Chairman Dr. Barbara Murray opened the floor for public comment.  There being no public speakers, the meeting proceeded to Board Discussion.

Closing Remarks
7. Board Discussion


Discussion ensued amongst the Board and both parties pertaining to the issue.

8. Voting


Motion to accept the magistrate's and superintendent's recommendation that the wage proposal be adopted as presented by the district.


Vote Results
Motion: Andrew Ziegler
Second: Karen Henderson
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: 

9. Adjournment

Minutes: Chairman Dr. Barbara Murray adjourned the Impasse Hearing of November 14, 2013 at 12:26 p.m.