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Bargaining Update: Vista Teacher’s Association
                                                    July 17, 2012

Collective bargaining is an important process in any school district. In the current context, relationships between
management and labor groups have become strained over time as a result of diminishing financial resources. In Vista
Unified, we have yet to reach an agreement with the Vista Teacher’s Association (VTA) on contract language
adjustments for the 2012-13 year. The intent of this communication is to provide some background and information on
the current context with VTA.

The screenshot below from the VUSD website indicates the dates of previous negotiations (including those with the
classified group CSEA):




Given that fact that an agreement was not reached, Vista Unified School District (VUSD) filed for impasse with the Public
Employment Relations Board (PERB) on May 14, 2012. The first step in the impasse process is for PERB to assign a
mediator that will come and work with the parties with the intent to establish an agreement. Unfortunately the
mediator was unable to schedule dates for the negotiations and VUSD requested that the process be advanced to the
next stage which is called Factfinding. In Factfinding each party identifies a panelist and those two panelists mutually
agree on a third person that is called the “neutral.” At this point the Factfinding panel has been established and the
members are:

                                                       Page 1
   VUSD: Ron Bennett, School Services of California
       VTA: Alva Rivera, California Teacher’s Association
       Neutral: Bonnie Castrey, Panel Chairperson

Right now the Factfinding panel is attempting to establish a date for the hearing. The Factfinding hearing would consist
of brief presentations from VUSD and VTA to the panel and then the panel makes a non-binding recommendation for
resolution. As we have been working to schedule the Fact Finding hearing, both VUSD and VTA agreed to meet and
negotiate on Friday, July 13th. No agreement was reached on that date.

Financial Context: Declining Revenues
As mentioned in the introductory paragraph, reaching an agreement in the current context is complicated by statewide
financial difficulties and uncertainty about the impact of the Governor’s November Tax Initiative as it relates to
educational funding. The primary drivers of revenue for a typical school district in California are the number of students
that attend school (Average Daily Attendance or ADA) and the Base Revenue Limit (BRL) amount that establishes how
much funding is provided for each of those students. Other funding sources, such as federal and state categorical funds,
are typically intended for specific uses and, in many cases, are also restricted to programs and services for particular
students.

In VUSD, the enrollment numbers has dropped by more than 3,100 students over the past ten years.

                            25,338
                  25,500
                                     24,864
                  25,000
                                              24,307
                  24,500                               23,919
                  24,000                                        23,458 23,440
                  23,500                                                        23,148

                  23,000                                                                 22,622 22,467
                                                                                                         22,440
                                                                                                                  22,238
                  22,500

                  22,000

                  21,500

                  21,000

                  20,500




                                 Source: CBEDS Enrollment (2012-13 figure is projected)

The picture for the funded BRL also indicates that we have fewer dollars per student now than we did in 2007-08. If the
Governor’s Tax Initiative fails the amount is projected to decline to $4765, a number that is roughly the same as what
was funded back in 2004-05.




                                                                 Page 2
The Financial Crisis- Funding Per ADA
                                  Actual Funding Provided to VUSD vs. Statutory Level
                   $7,000.00


                                                                                                                                                     $6,697.61




                                                                                                                                                              }
                   $6,500.00                                                     $6,368.00
                                                                                                                               $6,486.00
                                                                                                                                                                         Loss of COLA
                                                                                                         $6,343.00
                                                                $6,106.00
 Dollars Per ADA




                   $6,000.00        $5,777.00



                   $5,500.00
                                                                $5,627.00

                                                                                                       $5,203.00              $5,149.00
                                                                                                                                                     $5,205.92
                                                                                                                                                              }              Loss of
                                                                                                                                                                            Baseline
                                                                                                                                                                             Dollars
                                                                                                                                                                                        }
                   $5,000.00



                   $4,500.00
                                                                                      $4,946.00
                                                                                                                                                     $4,764.92     }     Loss due to
                                                                                                                                                                           mid year




                                  2007-08              2008-09              2009-10               2010-11              2011-12              2012-13
                                                                                                                                                         (or funding per ADA)

                               The continued failure of the state to fund education has cause the District to make difficult decisions since the 2007-08 school year.
                               The loss of COLA and the loss of baseline dollars equates to a $30 million dollar loss to VUSD. If the mid- year cuts are enacted in
                               November 2012, VUSD will lose an additional $8 million dollars. In the 2012- 2013 school year alone this will result in a loss of up to
                               $38 million dollars to our District.
                                            Base Revenue Limit                          Funded Base Revenue Limit                             Mid Year Cut


                                            Source: School Services of California and VUSD Budget Book-Assumptions

As a result of the combined impact of the decline in ADA and the drop in the funded BRL, VUSD revenues have dropped
precipitously over the past few years. It should be noted that this is not a unique situation—districts across the state are
now in financial distress as a result of the decline in revenues. In May of 2012 State Superintendent of Public Instruction
Tom Torlakson announced a “Record Number of School Districts in Financial Jeopardy.”


                                                                     Revenue Limit Funding
                                  $140,000,000.00
                                  $120,000,000.00
                                  $100,000,000.00
                                    $80,000,000.00
                                    $60,000,000.00                                                                        If the Tax Initiative fails the BRL decline from
                                                                                                                          07-08 to 12-13 would be 19.7%. If it passes
                                    $40,000,000.00
                                                                                                                          the decline would be 12.6%
                                    $20,000,000.00
                                                $0.00
                                                                                                                                                       12-13
                                                               07-08          08-09          09-10         10-11          11-12          12-13       Inititative
                                                                                                                                                        Fails
                                  Revenue Limit Funding $132,719,739 $128,885,221 $112,429,958 $115,710,930 $115,650,249 $115,958,554 $106,494,972


                                                                                         Page 3
It should also be noted that, unlike other industries, local public educational agencies do not have the ability to “raise
prices” unilaterally. The mechanisms for increasing revenue require voter approval and the threshold for passage of
local tax increases is a two-thirds majority for relatively unrestricted funds. No district in San Diego County has ever
passed one of these “parcel taxes.” Proposition 39 requires a 55% majority for facility-related projects but most of the
financial pressure in schools today is in the general fund which typically devotes the majority of its expenses to
employee salaries and benefits.

Governor’s Tax Initiative
Typically the funded Base Revenue Limit is provided to school districts when the state budget is approved. Ideally this
occurs in June and our fiscal year runs July 1-June 30. This year, however, the Governor has a Tax Initiative on the
November ballot and, if that initiative fails we have been told that we can expect to lose an additional $458 per ADA in
the 2012-13 year. The impact to VUSD would be the loss of an additional $9.5 million in revenue each year. Given the
enormity of this potential adjustment, the state would provide districts with the flexibility to reduce the instructional
year by up to 15 additional days in 2012-13 and 2013-14.

Financial Context: Expenditures
Vista Unified provides important services to students, families and to the community. The primary method for providing
these services is to hire people that provide direct instruction to students or support the instructional process by
providing educationally-related services. We serve over 22,000 students and to do so we employ about 1100 teachers,
800 classified staff members, and almost 100 administrators and management employees. Based on most recent
Unaudited Actuals report from 2010-11, 85% of our expenditures were for salaries and benefits to employ these valued
individuals and to compensate them for the work that they do. Of our total expenditures, 56% are devoted to teacher
compensation in the form of salaries or benefits.

                              General Fund Expenditures, 2012-13
                                                   Operating
                                                     10%             Capital/Other
                         Books and Supplies                               1%
                                4%




                                                                                      Certificated Non-
                                                                                     Management Salaries
                        Employee Benefits                                                    43%
                             23%




                             Management and
                            Supervisor Salaries
                                   4%                            Classified Non-
                                                               Management Salaries
                                                                      15%


                                              Source: VUSD 2012-13 Budget Book

The trend for employee expenses since 2007-08 does show that the projected costs for salaries and benefits in the 2012-
13 year will be less than they were in the past. It should be noted that, in spite of the decline in employee expenses, the
reduction is not proportional to the revenue declines during that same time period.


                                                          Page 4
Employee Salary and Benefit Costs
                     $180,000,000.00

                     $160,000,000.00

                     $140,000,000.00

                     $120,000,000.00

                     $100,000,000.00

                      $80,000,000.00                                       The projected change in employee expenses
                      $60,000,000.00                                       from 07-08 to 12-13 is a decline of 3.9%
                      $40,000,000.00

                      $20,000,000.00

                               $0.00
                                                                                 11-12
                                                                                            12-13
                                        07-08     08-09      09-10     10-11    Projecte
                                                                                           Budget
                                                                                   d
                               Series1 $168,219, $167,554, $164,479, $150,595, $162,502, $161,638,


                 Source: VUSD Unaudited Actuals from 2007-2010, 2011-12 and 2012-13 are projections

Reserves
The unfortunate reality is that an organization cannot sustain rising expenditures and declining revenues in perpetuity.
Fortunately, VUSD has funds unspent from previous years—this amount is sometimes called the reserve and other times
referred to as the “Ending Fund Balance”—that helps to minimize the amount of expenditure reductions at the moment.
VUSD is projecting beginning the 2012-13 year with approximately $37.5 million in reserves. Our finance department
has prepared four scenarios to help us plan:

    1.   No agreement with VTA, Tax Initiative Passes
    2.   No agreement with VTA, Tax Initiative Fails
    3.   Agreement with VTA, Tax Initiative Passes
    4.   Agreement with VTA, Tax Initiative Fails

For these assumptions, we are projecting the financial impact of an agreement based on the proposals that have been
presented by VUSD. The following tables indicate the projected Ending Fund Balance for each of these four scenarios in
the current (12/13) next fiscal year (13/14), and the following (14/15).

                                              2012-13               2013-14                          2014-15
No Agreement            Tax Initiative Passes $27,031,867           $11,890,056                      ($3,498,214)
                        Tax Initiative Fails  $17,568,285           ($6,952,463)                     ($31,635,015)
Agreement (as           Tax Initiative Passes $29,431,867           $20,490,056                      $9,201,786
proposed by VUSD)       Tax Initiative Fails  $26,968,285           $15,647,537                      $2,064,985
                        Source: 2012/13 VUSD Adopted Budget and Proposal from May 10, 2012

Clearly the concern from the VUSD perspective is the potential for rapid depletion of the Ending Fund Balance that could
occur based on the combined impact of a potential failure of the Tax Initiative and implementation of the existing VTA
contract.


                                                        Page 5
The graph below indicates the projected deficit spending if we are unable to reach an agreement with VTA. The
projected deficit spending (even if the Tax Initiative passes) is not sustainable based on current assumptions. Either
expenses will need to be reduced, revenues will need to increase, or some combination of those two will be necessary
to maintain financial balance.


                                Projected Revenues and Expenditures -
                                            No Agreement
                          200,000,000
                          195,000,000
                          190,000,000
                          185,000,000
                          180,000,000
                          175,000,000
                          170,000,000
                          165,000,000
                                                12/13                 13/14              14/15
                            Rev Pass         178,513,569            178,626,645       180,665,350
                            Rev Fail         169,049,987            169,247,708       171,371,068
                            Expenditure      189,025,292            193,768,455       196,053,620

                                          Source: VUSD Fiscal Services Department

Even under what may be considered the “best case” scenario—which would be agreement on the VUSD proposals and
successful passage of the Tax Initiative—we still project deficit spending in the each of the next three years. This is why
the projected Ending Fund Balance under this “best case” scenario drops from the current $37.5 million to about $20.5
million by the end of 2013-14 and under $10 million in 2014-15. Absent revenue increases, additional expenditure
reductions would be required to sustain long-term financial balance.


                                Projected Revenues and Expenditures - With
                                       Agreement and Initiative Pass
                         200,000,000

                         195,000,000

                         190,000,000

                         185,000,000

                         180,000,000

                         175,000,000

                         170,000,000

                         165,000,000
                                               12/13                  13/14               14/15
                           Revenue          177,013,569             177,126,645        179,165,350
                           Expenditure      185,125,292             186,068,455        190,453,620


                                          Source: VUSD Fiscal Services Department

                                                           Page 6
VUSD Proposal
A copy of our most recent proposal to VTA is inserted below as a reference.




It should be clarified that the VUSD proposal on class size would maintain a districtwide average of 29.5 students per
classroom and a schoowide average of 31 students per teacher. Both of these averages are currently in the VTA
contract (Article 20.1). In addition, the California Education Code places limits on the number of students in a class and
fiscal penalties occur if those limits are exceeded. The VUSD proposal would align the VTA contract language with many
other districts in San Diego County.

Next Steps
The Factfinding panel hearing is in the process of being scheduled now. We will continue to provide updates until we
have reached an agreement.




                                                        Page 7

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VTA Bargaining Update

  • 1. Bargaining Update: Vista Teacher’s Association July 17, 2012 Collective bargaining is an important process in any school district. In the current context, relationships between management and labor groups have become strained over time as a result of diminishing financial resources. In Vista Unified, we have yet to reach an agreement with the Vista Teacher’s Association (VTA) on contract language adjustments for the 2012-13 year. The intent of this communication is to provide some background and information on the current context with VTA. The screenshot below from the VUSD website indicates the dates of previous negotiations (including those with the classified group CSEA): Given that fact that an agreement was not reached, Vista Unified School District (VUSD) filed for impasse with the Public Employment Relations Board (PERB) on May 14, 2012. The first step in the impasse process is for PERB to assign a mediator that will come and work with the parties with the intent to establish an agreement. Unfortunately the mediator was unable to schedule dates for the negotiations and VUSD requested that the process be advanced to the next stage which is called Factfinding. In Factfinding each party identifies a panelist and those two panelists mutually agree on a third person that is called the “neutral.” At this point the Factfinding panel has been established and the members are: Page 1
  • 2. VUSD: Ron Bennett, School Services of California  VTA: Alva Rivera, California Teacher’s Association  Neutral: Bonnie Castrey, Panel Chairperson Right now the Factfinding panel is attempting to establish a date for the hearing. The Factfinding hearing would consist of brief presentations from VUSD and VTA to the panel and then the panel makes a non-binding recommendation for resolution. As we have been working to schedule the Fact Finding hearing, both VUSD and VTA agreed to meet and negotiate on Friday, July 13th. No agreement was reached on that date. Financial Context: Declining Revenues As mentioned in the introductory paragraph, reaching an agreement in the current context is complicated by statewide financial difficulties and uncertainty about the impact of the Governor’s November Tax Initiative as it relates to educational funding. The primary drivers of revenue for a typical school district in California are the number of students that attend school (Average Daily Attendance or ADA) and the Base Revenue Limit (BRL) amount that establishes how much funding is provided for each of those students. Other funding sources, such as federal and state categorical funds, are typically intended for specific uses and, in many cases, are also restricted to programs and services for particular students. In VUSD, the enrollment numbers has dropped by more than 3,100 students over the past ten years. 25,338 25,500 24,864 25,000 24,307 24,500 23,919 24,000 23,458 23,440 23,500 23,148 23,000 22,622 22,467 22,440 22,238 22,500 22,000 21,500 21,000 20,500 Source: CBEDS Enrollment (2012-13 figure is projected) The picture for the funded BRL also indicates that we have fewer dollars per student now than we did in 2007-08. If the Governor’s Tax Initiative fails the amount is projected to decline to $4765, a number that is roughly the same as what was funded back in 2004-05. Page 2
  • 3. The Financial Crisis- Funding Per ADA Actual Funding Provided to VUSD vs. Statutory Level $7,000.00 $6,697.61 } $6,500.00 $6,368.00 $6,486.00 Loss of COLA $6,343.00 $6,106.00 Dollars Per ADA $6,000.00 $5,777.00 $5,500.00 $5,627.00 $5,203.00 $5,149.00 $5,205.92 } Loss of Baseline Dollars } $5,000.00 $4,500.00 $4,946.00 $4,764.92 } Loss due to mid year 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 (or funding per ADA) The continued failure of the state to fund education has cause the District to make difficult decisions since the 2007-08 school year. The loss of COLA and the loss of baseline dollars equates to a $30 million dollar loss to VUSD. If the mid- year cuts are enacted in November 2012, VUSD will lose an additional $8 million dollars. In the 2012- 2013 school year alone this will result in a loss of up to $38 million dollars to our District. Base Revenue Limit Funded Base Revenue Limit Mid Year Cut Source: School Services of California and VUSD Budget Book-Assumptions As a result of the combined impact of the decline in ADA and the drop in the funded BRL, VUSD revenues have dropped precipitously over the past few years. It should be noted that this is not a unique situation—districts across the state are now in financial distress as a result of the decline in revenues. In May of 2012 State Superintendent of Public Instruction Tom Torlakson announced a “Record Number of School Districts in Financial Jeopardy.” Revenue Limit Funding $140,000,000.00 $120,000,000.00 $100,000,000.00 $80,000,000.00 $60,000,000.00 If the Tax Initiative fails the BRL decline from 07-08 to 12-13 would be 19.7%. If it passes $40,000,000.00 the decline would be 12.6% $20,000,000.00 $0.00 12-13 07-08 08-09 09-10 10-11 11-12 12-13 Inititative Fails Revenue Limit Funding $132,719,739 $128,885,221 $112,429,958 $115,710,930 $115,650,249 $115,958,554 $106,494,972 Page 3
  • 4. It should also be noted that, unlike other industries, local public educational agencies do not have the ability to “raise prices” unilaterally. The mechanisms for increasing revenue require voter approval and the threshold for passage of local tax increases is a two-thirds majority for relatively unrestricted funds. No district in San Diego County has ever passed one of these “parcel taxes.” Proposition 39 requires a 55% majority for facility-related projects but most of the financial pressure in schools today is in the general fund which typically devotes the majority of its expenses to employee salaries and benefits. Governor’s Tax Initiative Typically the funded Base Revenue Limit is provided to school districts when the state budget is approved. Ideally this occurs in June and our fiscal year runs July 1-June 30. This year, however, the Governor has a Tax Initiative on the November ballot and, if that initiative fails we have been told that we can expect to lose an additional $458 per ADA in the 2012-13 year. The impact to VUSD would be the loss of an additional $9.5 million in revenue each year. Given the enormity of this potential adjustment, the state would provide districts with the flexibility to reduce the instructional year by up to 15 additional days in 2012-13 and 2013-14. Financial Context: Expenditures Vista Unified provides important services to students, families and to the community. The primary method for providing these services is to hire people that provide direct instruction to students or support the instructional process by providing educationally-related services. We serve over 22,000 students and to do so we employ about 1100 teachers, 800 classified staff members, and almost 100 administrators and management employees. Based on most recent Unaudited Actuals report from 2010-11, 85% of our expenditures were for salaries and benefits to employ these valued individuals and to compensate them for the work that they do. Of our total expenditures, 56% are devoted to teacher compensation in the form of salaries or benefits. General Fund Expenditures, 2012-13 Operating 10% Capital/Other Books and Supplies 1% 4% Certificated Non- Management Salaries Employee Benefits 43% 23% Management and Supervisor Salaries 4% Classified Non- Management Salaries 15% Source: VUSD 2012-13 Budget Book The trend for employee expenses since 2007-08 does show that the projected costs for salaries and benefits in the 2012- 13 year will be less than they were in the past. It should be noted that, in spite of the decline in employee expenses, the reduction is not proportional to the revenue declines during that same time period. Page 4
  • 5. Employee Salary and Benefit Costs $180,000,000.00 $160,000,000.00 $140,000,000.00 $120,000,000.00 $100,000,000.00 $80,000,000.00 The projected change in employee expenses $60,000,000.00 from 07-08 to 12-13 is a decline of 3.9% $40,000,000.00 $20,000,000.00 $0.00 11-12 12-13 07-08 08-09 09-10 10-11 Projecte Budget d Series1 $168,219, $167,554, $164,479, $150,595, $162,502, $161,638, Source: VUSD Unaudited Actuals from 2007-2010, 2011-12 and 2012-13 are projections Reserves The unfortunate reality is that an organization cannot sustain rising expenditures and declining revenues in perpetuity. Fortunately, VUSD has funds unspent from previous years—this amount is sometimes called the reserve and other times referred to as the “Ending Fund Balance”—that helps to minimize the amount of expenditure reductions at the moment. VUSD is projecting beginning the 2012-13 year with approximately $37.5 million in reserves. Our finance department has prepared four scenarios to help us plan: 1. No agreement with VTA, Tax Initiative Passes 2. No agreement with VTA, Tax Initiative Fails 3. Agreement with VTA, Tax Initiative Passes 4. Agreement with VTA, Tax Initiative Fails For these assumptions, we are projecting the financial impact of an agreement based on the proposals that have been presented by VUSD. The following tables indicate the projected Ending Fund Balance for each of these four scenarios in the current (12/13) next fiscal year (13/14), and the following (14/15). 2012-13 2013-14 2014-15 No Agreement Tax Initiative Passes $27,031,867 $11,890,056 ($3,498,214) Tax Initiative Fails $17,568,285 ($6,952,463) ($31,635,015) Agreement (as Tax Initiative Passes $29,431,867 $20,490,056 $9,201,786 proposed by VUSD) Tax Initiative Fails $26,968,285 $15,647,537 $2,064,985 Source: 2012/13 VUSD Adopted Budget and Proposal from May 10, 2012 Clearly the concern from the VUSD perspective is the potential for rapid depletion of the Ending Fund Balance that could occur based on the combined impact of a potential failure of the Tax Initiative and implementation of the existing VTA contract. Page 5
  • 6. The graph below indicates the projected deficit spending if we are unable to reach an agreement with VTA. The projected deficit spending (even if the Tax Initiative passes) is not sustainable based on current assumptions. Either expenses will need to be reduced, revenues will need to increase, or some combination of those two will be necessary to maintain financial balance. Projected Revenues and Expenditures - No Agreement 200,000,000 195,000,000 190,000,000 185,000,000 180,000,000 175,000,000 170,000,000 165,000,000 12/13 13/14 14/15 Rev Pass 178,513,569 178,626,645 180,665,350 Rev Fail 169,049,987 169,247,708 171,371,068 Expenditure 189,025,292 193,768,455 196,053,620 Source: VUSD Fiscal Services Department Even under what may be considered the “best case” scenario—which would be agreement on the VUSD proposals and successful passage of the Tax Initiative—we still project deficit spending in the each of the next three years. This is why the projected Ending Fund Balance under this “best case” scenario drops from the current $37.5 million to about $20.5 million by the end of 2013-14 and under $10 million in 2014-15. Absent revenue increases, additional expenditure reductions would be required to sustain long-term financial balance. Projected Revenues and Expenditures - With Agreement and Initiative Pass 200,000,000 195,000,000 190,000,000 185,000,000 180,000,000 175,000,000 170,000,000 165,000,000 12/13 13/14 14/15 Revenue 177,013,569 177,126,645 179,165,350 Expenditure 185,125,292 186,068,455 190,453,620 Source: VUSD Fiscal Services Department Page 6
  • 7. VUSD Proposal A copy of our most recent proposal to VTA is inserted below as a reference. It should be clarified that the VUSD proposal on class size would maintain a districtwide average of 29.5 students per classroom and a schoowide average of 31 students per teacher. Both of these averages are currently in the VTA contract (Article 20.1). In addition, the California Education Code places limits on the number of students in a class and fiscal penalties occur if those limits are exceeded. The VUSD proposal would align the VTA contract language with many other districts in San Diego County. Next Steps The Factfinding panel hearing is in the process of being scheduled now. We will continue to provide updates until we have reached an agreement. Page 7