New Trier Board Member: The Ballot Language for the Dist. 39 Referendum is Absolutely Correct
Wilmette resident and New Trier Board Member James Koch supports District 39's proposed referendum.
James B. Koch is a Wilmette resident and member of the New Trier High School Board.
The article in Patch regarding District 39’s Referendum is not accurate. The opinion of Mr. Ali Elsaffar, a failed candidate for local office, simply has his facts wrong. District 39 accurately calculated the financial impact of the referendum which is $58.00 per $1,000 of taxes paid on resident tax bills. The District 39 board was well aware that the ballot language might be confusing so the board passed a “statement of intent” limiting the incremental cash due to the impact of the referendum to $6.375 million in the 2010 tax year. The language for the ballot question is drafted based upon state law as it exists, not as Mr. Ali Elsaffar or the National Taxpayers Union hoped for or imagined it should have been written.
The ballot language for the District 39 referendum is absolutely correct and fully complies with state law. State law does not require the use of the state’s equalizer, which is a number the Illinois Department of Revenue determines each year to ensure that Cook County assessments are in line with assessments throughout the state. The referendum also doesn’t include the 7 percent tax cap, certain exemptions such as senior exemptions and other financial information.
I would invite Mr. Ali Elsaffar and the National Taxpayer Union to take a shot at re-drafting the state’s statute. I can assure you that including the state’s equalizer and a host of other financial variables have significant implications, including the rates of bonds, that a number of very talented financial consultants and attorneys have considered and rejected. Nonetheless, District 39’s Referendum is accurately and carefully crafted and the financial implications have been openly and accurately presented to the community.
By way of bias I attended District 39 in the late 1950’s and my two sons attended in the 1990’s. The education my family and friends received included small class size, foreign languages, instrumental music, art and physical education. Today, my sons work in the area of national security and, at least in my opinion, nothing is more critical to national security than a first rate education. The issue here is priorities, not capabilities. The question, as the old saw goes, is not whether we can afford the referendum but whether we can afford not to support it. While my children are grown and gone I fully support the referendum. It’s the best thing for the students and it’s the best thing we can do for the community.
midwestmom
1:51 pm on Saturday, March 19, 2011
A few issues to consider:
"...my two sons attended in the 1990’s. The education my family and friends received included...foreign languages..." I thought foreign language didn't come to D39 until 2005.
"The issue here is priorities, not capabilities." It's both--priorities AND capabilities. Food is a priority for me and my family, but if I am not making the salary I was making in 2003, we cannot expect to eat out every night at a 5-star restaurant. We simply cannot afford it. But if my family is willing to look at other ways to cut back on expenses, we will probably be capable of eating out at least 3 times a week. It seems to me this School Board and this Superintendent are unwilling to look at reconsidering some past decisions--like the 5.5% guaranteed yearly pay raises the WEA union wrested in December 2008, just three months after the financial and housing meltdown.
WilmetteCares
3:22 pm on Saturday, March 19, 2011
Point of clarification: the 2008 WEA contract was negotiated and agreed to by both sides in September 2008, with the fast-developing economic downturn coming on the heels thereof:
http://archive.chicagobreakingnews.com/2008/09/wilmette-school-district-approves-teachers-contract.html
Hindsight is 20-20, but with that being said, how exactly would the District go about "undoing" that contract unilaterally? In the absence of the WEA agreeing to open the contract, the time to deal with teacher salaries is in upcoming negotiations for a new 2013 contract.
midwestmom
6:58 pm on Saturday, March 19, 2011
WilmetteCares, check again. Because the time and date stamp on page 71 of the WEA Contract reads: 12/11/2008, 3:23pm beneath the signatures of Alan R. Dolinko, Raymond A. Lechner and the WEA President.
WilmetteCares
7:47 pm on Saturday, March 19, 2011
You don't explain how the District should go about "undoing" the contract unilaterally. How, exactly, might that be effectuated? Also, you may recall, WEA gave D39 a 10-day notice to strike on Sept 16 (http://www.wea39.org/formsletters/WEAauthorizedrelease9_16.pdf). From my memory, parents and the community at large were up in arms that a strike was imminent and a contract had not been reached. From the link in the post above, it was announced on Sept. 19 that a new agreement had been negotiated, with that agreement ratified by the WEA membership on Sept. 24. We can agree to disagree as to what date an agreement was legally binding based on the timeline of publicly-reported negotiations and meeting of the minds, and the date on which a document was stamped and filed.
midwestmom
9:43 pm on Saturday, March 19, 2011
BTW, your link you cite does not work.
midwestmom
9:41 pm on Saturday, March 19, 2011
It's called renegotiation. It's done all the time. You have to have the right people on the School Board & Administration to do it. Elementary School District 15 in Palatine is doing it, among others nationwide. (FYI, Palatine's pay raises were made with a much more sane step: 0.75% in year one, 1.19% in year two, and 1.39% in year three. )
And my memory is different from yours: the parents and the community were not "up in arms." The union leaders were.
BTW, even the article you cited notes the agreement from 2008 was "tentative."
And don't be silly--it's a faux defense to "agree to disagree". A contract is not legally binding until all parties to the contract sign it. Period.
Eva Sorock
10:42 pm on Saturday, March 19, 2011
I don’t know why Mr. Koch needed to take a gratuitous “shot” at Ali Elsaffar by calling him a “failed candidate for local office.” It was Mr. Koch, after all, who was president of the New Trier High School board during the decisively “failed” $174M referendum last year.
Yes, the language of the D39 ballot question is legally correct. But Mr. Koch fails to mention the inconvenient truth that a successful D39 referendum would give the board authority to raise taxes to some $49.2M, which would be a $12.9M, not $6.4M, increase, any non-binding “pledge” to the contrary.
So, here's the inconvenient question: Why in fact does the D39 referendum language allow twice the increase they “pledge” to impose? Just asking . . .
Spectator
12:43 pm on Monday, March 21, 2011
Eva Sorock-D39 posted a press release about the referendum language on its web site, www.wilmette39.org. The press release says that the confusing language of the referendum question required by the State was discussed and addressed at the board's January 18 meeting. Yes, the ballot wording is confusing and inaccurate, but it is required by the State to be phrased in this way. But, the amount that would be levied if the referendum passes has been communicated clearly by D39. There is no mystery here. Even Ali Elsaffar conceded that D39's communications were accurate. You suggest in your post that the ballot language may be sinister in intent, or motivated by something other than the law Mr. Koch describes. Looking at online minutes from the Jan. 18 meeting, it appears your husband was present and asked questions about referendum timing. It seems curious that he would not ask questions about the referendum language if it seemed to be a problem that had not been adequately addressed.
informed
1:16 am on Tuesday, March 22, 2011
I find it ironic that Herb & Eva Sorock, who are concerned about voters being misinformed when they get to the polls, have chosen to misinform voters through robocalls instead. The first call alerted taxpayers to a potential 36% increase in their taxes, when the Sorock's readily admit that the information provided by the district stating the impact of a Yes vote of 5.88% is correct. Today the call tries to make us believe the impact on taxes is 3.5 times higher than we are being told, again the Sorock's knowing full well that is incorrect. Implying the district is less than honest about the impact is not only offensive, but shows me how dishonest the opposition is. Please everyone, get informed, do your homework, and don't let the misinformation being spread via robocall by decline39 impact your decision. Go to www.wilmette39.org and read the press release regarding the ballot language. The only group being less than honest here is Eva & Herb Sorock and the rest of "decline39".
Jim
5:50 pm on Wednesday, March 23, 2011
Eva - honest debate of political issues is healthy and appreciated.
The distortion of facts and distribution of false information is unhealthy and not appreciated.
You and Herb need to have the integrity to present the real facts to the voters of District 39, and then let them decide if you agree with your opinions or not. If you win or lose on the real facts, so be it.
As I often tell my 2 year old, if you win by cheating it is not really winning.
WilmetteCares
12:33 am on Sunday, March 20, 2011
@midwestmom - U.S. Labor Laws govern collective bargaining agreements between unions and employers. In this context, a contract most certainly may be legally binding before it is signed -- for better or for worse. Period. It is an unfair labor practice not to sign a collective bargaining agreement if a meeting of the minds has been achieved. No need to belabor the point. And, I must disagree on your characterization of "agreeing to disagree" as a "faux defense". Two reasonable people can look at the same facts and draw different conclusions -- and they even can maintain respect for one another's right to a differing opinion. It's called civil discourse and debate.
midwestmom
7:39 am on Sunday, March 20, 2011
Nope. Wrong again. Even union bosses know that until you sign a contract, it's not a done deal.
And as I look at the time stamp on my computer, 7:39am, I don't think you and I, reasonable people I imagine that we are, are going to look at that fact and draw a different conclusion. Unless, of course, you are in China. That's just called reality.
WilmetteCares
12:12 pm on Sunday, March 20, 2011
midwestmom - The facts and law do not support your protestations to the contrary.
http://law.justia.com/cases/federal/appellate-courts/F3/368/741/632267/
Court finds violation of NLRA when union refused to execute tentative agreement after the union and company shook hands and announced to the media that a tentative agreement had been reached.
http://openjurist.org/683/f2d/731/garrett-railroad-car-equipment-inc-v-national-labor-relations-board
Where collective bargaining agreement expired and company submitted complete proposal that was ratified by union's rank and file, company violated NLRA by refusing to reduce agreement to writing.
http://www.perc.wa.gov/Databases/ULP/10976.htm
Unfair labor practice when employer reversed tentative agreements made with the union.
midwestmom
7:41 am on Sunday, March 20, 2011
And speaking of reality, the reality of the rate of spending currently occurring in District 39 is unsustainable.
Watchdog
12:49 pm on Sunday, March 20, 2011
Mr. Koch seems to imply that the State Legislature did not want to include the equalizer (a factor of 3.37) in the ballot's financial disclosure. That is dead wrong. Here is a quote from the Wednesday Journal of Oak Park and River Forest, where the ballot story first broke on March 9 (this involves nine other districts besides D39):
"Chapman and Cutler [a law firm] ... decided the law did not specifically require inclusion of the multiplier. But Oak Park Sen. Don Harmon, who co-sponsored the law, says that's nuts since the clear intention of his law was to provide the voters a clear estimate of the financial impact of a referendum."
Mr. Koch is correct that Mr. ElSaffar did fail to get elected to the Oak Park Village Board. He did, however, get elected Township Assessor,where he has served for ten years, and was named Villager of the Year in 2006 by the same newspaper above.
Dan
9:10 am on Monday, March 21, 2011
In 2009, the district paid over $1 million to its top administrators (one superintendent, THREE assistant superintendent, and one business office) . It is ridiculous to pay such an amount to the overhead administration staff and at the same time complaining they are short of money. Each superintendents and business officer makes over $200,000 a year in this small district with merely 3000 students. Why we need THREE assistant superintendents on top of the five school principals? And who decide the salary of these superintendents? If you can afford to pay such salary to non-teaching staff in a school district, you should not cry poor and ask for more money.
The truth is, we have paid the school handsomely over the years. It is the school district keeps squander our tax money for years. It is time for them to learn how to balance the budget, just as the rest of us.
Vote No. Do not be scared by the school's scare tactics. Cut the assistant superintendents so you can hire more teachers.
Max
1:47 pm on Monday, March 21, 2011
Whatever the language,
Vote NO on the tax increase referendum !
midwestmom
7:00 pm on Monday, March 21, 2011
Wilmette Cares,
Fascinating. The case you cite from 2002 in Eau Claire/Chippewa Falls (Wisconsin of all places!) where the court found the UNION "had violated by refusing to execute a contract it had negotiated with W.S. Darley & Company" says nothing about having "announced to the media that a tentative agreement had been reached", as you state. Their case is strikingly different on several fronts.
You presented a hypothetical from Sept 2008: how could D39 not fulfill the "tentative" agreement from Sept 28, 2008, after the WEA membership ratified it, although no contract had been signed. I'm no lawyer, but I would hope that since D39 is not a privately held company like Darley, but rather a public school district, using public taxpayer monies, a judge would have taken this into consideration, as well as the fact that in Sept 2008 the financial and housing meltdown that proved detrimental to the community, and ultimately the contract they were negotiating, would present exceptional circumstances to fulfilling a 5.5% guaranteed pay increase. You even recognized "with the fast-developing economic downturn coming on the heels thereof...", a contract this generous that was birthed in this climate was precarious from the start.
WilmetteCares
10:16 am on Tuesday, March 22, 2011
midwestmom- This is a little tiresome, so I'll sign off from this string after this. My original point simply was that the economic crash in the U.S. took place after a collectively-bargained tentative agreement was reached and ratified in Sept '08, and the relevant date for purposes of obligations to execute that contract is Sept '08, not Dec '08. Labor law disputes under the NLRA are heard by Federal courts. You seem to have a problem with the case that in Wisconsin. FYI, the 7th Circuit is the Federal Court of Appeals that includes both IL and WI. A 2004 decision from the 7th Cir is most decidedly precedential over a labor dispute that might hypothetically arise in Illinois. And, D39 would not be treated any differently than any other party, which is demonstrated in the very recent decision in Washington involving the City of Brewster and many others. This is not a controversial issue.
Note Paragraphs 16 and 18 of the Darley decision: "There was a meeting of the minds when the parties shook hands agreeing to the contract terms and the Union promised it would have a ratification vote on those terms. The fact that the Union later broke its promise does not invalidate the original agreement" and "the NLRB found that an agreement between the Company and the Union was reached when the representatives of each group shook hands after agreeing on quid quo pro provisions."
GrossPoint
6:28 pm on Friday, March 25, 2011
Only if correct means off by a factor of 330%. Legal does not mean correct. It means compliance with some law. There is no version of correct that says it is ok to put wrong information on a ballot.
Facts
8:45 pm on Friday, March 25, 2011
Except for that version of correct that is mandated by state law and will not accept anything else on the ballot. District 39 has been clear and consistent as to the amount that will be collected if the referendum passes, and that taxpayers can expect an increase of $58 per $1000 in taxes paid if the referendum passes. D39's calculations and communications are accurate, as agreed by both tax assessor Ali Elsaffar of Oak Park (who raised this issue then promptly agreed the language was correct, www.op97.org/referendum/ballot.html), and the leader of the Decline39 group (Herb Sorock).
GrossPoint
9:24 pm on Friday, March 25, 2011
Correct does not equal state mandated. The wording is state mandated, legal, and wrong.
If anyone wonders how Lehman Brothers could have went on for years doing the absolute wrong thing, while complying with the legal fiction that our politicians are regulating in our best interests, look no further than the D39 ballot.
Statement 2 on the ballot
*For the 2010 levy year the approximate amount of the additional tax extendable against property containing a single family residence and having a fair market value at the time of the referendum of $100,000 is estimated to be $58.80*
is known to be false, yet legal. The real number is 3.3x58.80 or $194.04. Everyone knows this, including Supt. Lechner and the Board....but it is not being presented to the voters....because it is "legal".
Everyone lies about accounting and finance, or as the pathological James Koch says the ballot is "absoultely correct", why not Wilmette?
Jim
1:10 am on Wednesday, April 6, 2011
All: Thanks to everyone for your contributions to this discussions group. While I may not have agreed with everyone on this blog, I have come to understand and appreciate all your perspectives. While the "YES" vote appears to have won the day, we need to understand and respect all points of view. There are many valid arguments from both sides of the debate that need to be integrated into the public policy of this community, including the concept of fiscal conservatism. Thank you to everyone who participated in this process. I appreciate your input and hope that you will continue to contribute to the process going forward.
d@aol.com
4:35 pm on Tuesday, May 17, 2011
Herb and Eva... sell your home and please move to another part of the city or a retirement home..... The people have voted to support our childrens education.. get lost