by Terri Jo Neff | Jan 31, 2023 | Education, News
By Terri Jo Neff |
The Tucson Unified School District (TUSD) is violating state and federal law by making it too difficult for its employees to leave a labor union, according to a Jan. 18 letter sent to district officials by the Goldwater Institute.
Parker Jackson, staff attorney with the Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, advised TUSD Superintendent Dr. Gabriel Trujillo that a review of five collective bargaining agreements revealed “alarming restrictions” which infringe on the rights of district employees.
“We request that the District immediately act to bring these agreements and policies and practices made pursuant to them into compliance with federal and state law,” Jackson wrote to Trujillo and the district’s governing board.
At issue are memoranda of understanding (MOU) which TUSD has entered into with four labor organizations: the American Federation of State, County, and Municipal Employees, Local 449, AFL-CIO (“AFSCME”); the Communications Workers of America (“CWA”); Educational Leaders, Inc. (“ELI”); and the Tucson Education Association (“TEA”) with which there are two agreements.
TUSD employees may freely join a union at any time, but an employee covered by one of the five agreements must receive authorization from union bosses before district officials will process a request to resign from the union. This is unlawful, Jackson wrote, as it restricts when an employee may terminate their union membership and halt union dues deductions from their paychecks.
And then there is the issue of deduction revocation windows and/or deadlines which Jackson’s letter says do not comport with federal or state law. District policies and practices further exacerbate the unconstitutional activity.
For instance, the MOU with AFSCME—which Jackson calls “the worst of the five agreements”—restricts membership cancellation and dues deduction revocations to only two weeks per year, from May 1 to May 15. Similarly, the CWA agreement only permits cancellation of membership and dues deductions in July, while the other MOUs have comparable revocation restrictions.
This often results in an employee revoking their consent to union membership, only to have TUSD continue to deduct dues from each paycheck until the next opt-out period commences or the current membership year ends.
“This is not only unfair and predatory—it is also unconstitutional,” Jackson contends. “An employee revocation is obviously evidence that an employee does not affirmatively consent to pay union dues.”
Jackson’s letter to Trujillo cites Arizona’s Right to Work laws, the U.S. and Arizona constitutions, and various court cases in making its arguments.
“In order to prevent ongoing and future unconstitutional activity, the District must immediately revoke or revise any MOU provision that includes a union dues opt-out period and any requirement that a labor union must approve an employee’s request to stop the deduction of union dues,” Parker wrote. “The District must also revise any policy and procedure that imposes these unconstitutional conditions.”
The Goldwater Institute, which is dedicated to upholding the constitutional rights of all citizens, is a public policy and public interest litigation organization. It frequently initiates lawsuits when government entities do not voluntarily change conduct.
“The Goldwater Institute will always defend the constitutional right of all citizens to associate—or not associate—with whatever private organizations they choose,” Parker said after making the TUSD letter public. “Restrictive dues deduction revocation windows and deadlines, of course, are designed to make it difficult for people to leave powerful labor organizations. Fortunately, the U.S. and Arizona constitutions protect workers and prohibit the school district and the unions’ money grab.”
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
by Corinne Murdock | Dec 6, 2022 | News
By Corinne Murdock |
During Monday’s statewide canvass of the 2022 general election, governor-elect Katie Hobbs enjoined Arizonans to counter the speech of election critics.
After reading through a summary of election data, Hobbs urged Arizonans to monitor their peers’ election-related speech. She indicated that only election officials and designated experts convey truth concerning elections. Hobbs alluded to Cochise County’s certification delay, indicating that they were proliferating falsehoods, undermining democracy, and threatening to disenfranchise voters.
“As we’ve learned these past few years, protecting our democracy requires everyone’s participation to help discern truth from fiction and listen to experts seeking to uphold our laws and our republic rather than promote conspiracies,” stated Hobbs. “You can help combat and prevent these threats by getting involved. Learn from your trusted election officials and share accurate election information with your family and friends. Push back on and refuse to accept false narratives.”
Hobbs closed her speech by forewarning that the 2024 election would be equally rife with election denialism, if not worse.
“Democracy prevailed but it’s not out of the woods. 2024 will bring a host of challenges from the election denial community that we must prepare for,” stated Hobbs. “But for now, Arizonans can stand proud knowing that this election was conducted with transparency, accuracy, and fairness in accordance with Arizona’s election laws and procedures.”
When it comes to monitoring election-related speech, Hobbs has practiced what she preached.
Court filings revealed that the secretary of state’s office effectively controlled social media speech through a mediator nonprofit: the Center for Internet Security (CIS), run by a former Obama administration official. CIS manages election-related issues through their Elections Infrastructure Information Sharing and Analysis Center (EI-ISAC), which runs a communications hub between elections officials, the federal government, and social media platforms.
The secretary of state’s office, Runbeck Elections Services, and election leadership in all 15 Arizona counties are members of EI-ISAC.
Specifically: the Apache County’s Elections, Recorder, and City of Apache Junction Clerk; Cochise County’s Recorder and Elections Department; Coconino County Recorder; Gila County Elections; Graham County Elections and Recorder; Greenlee County Elections; La Paz County Elections; Maricopa County Recorder; Mohave County Recorder; Navajo County Elections; Pima County Election Department and Recorder; Pinal County Elections and Recorder; Santa Cruz County Elections; Yavapai County Elections and Recorder; and Yuma County Elections.
Nationwide, membership totals around 3,000 state and local election officials.
CIS also runs the Multi-State Information Sharing and Analysis Center (MS-ISAC), which is backed by and the cybersecurity needs go-to for the Department of Homeland Security (DHS). MS-ISAC, created in response to post-9/11 national security restructuring, got an $11 million cut from Congress’ $1.5 trillion omnibus spending bill earlier this year.
The following are MS-ISAC partners in Arizona:
- State Entities: the state of Arizona, Secretary of State, Counter Terrorism Information Center, Judicial Branch, Central Arizona Project, Salt River Project
- Cities: Apache Junction, Avondale, Buckeye, Bullhead City, Casa Grande, Chandler, Cottonwood, Flagstaff, Kingman, Glendale, Goodyear, Lake Havasu, Maricopa, Mesa, Peoria, Phoenix, Prescott, Safford, San Luis, Scottsdale, Sierra Vista, Surprise, Tempe, Tolleson, Tucson, Winslow, Yuma
- Counties: Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, Yavapai, Yuma
- Courts: Mohave County Superior Court,Pima County Superior Court, Pinal County Superior Court, Yuma Superior Court
- Elections: Apache County Elections, Cochise County Elections, Coconino County Elections Department, Gila County Elections, Graham County Elections, Greenlee County Elections, La Paz County Elections, Navajo County Elections, Pima County Election Department, Pinal County Elections, Santa Cruz County Elections, Yavapai County Elections, Yuma County Elections
- Fire: Arizona City Fire District, Central Arizona Fire and Medical Authority, City of Bullhead Fire Department, Colorado City Fire District
- Higher Education: Arizona State University, Arizona Western College, Cochise College, Coconino Community College, Eastern Arizona College, Glendale Community College, Maricopa Community College, Northern Arizona University, Northland Pioneer College, Phoenix College, Pima Community College, Scottsdale Community College, University of Arizona, Yavapai College
- K-12: Beaver Creek School District, Benson Unified School District, Buckeye Union High School District, Cartwright School District, Cave Creek Unified School District, Chandler Unified School District, Chino Valley Unified School District 51, Concho Elementary School District, Congress Elementary School District, Continental Elementary School District, Creighton School District, Dysart Unified School District, Flagstaff Unified School District, Fountain Hills Unified School District, J.O. Combs Unified School District, Gadsden Elementary School District #32, Gilbert Public Schools, Glendale Elementary School District, Kyrene School District, Maricopa Unified School District, Murphy School District, Paradise Valley Unified School District, Patagonia Union High School, Pendergast Elementary School District, Peoria Unified School District, Phoenix Elementary School District, Pima Joint Technical Education District, Pine Strawberry School District #12, Pinon Unified School District, Pointe Schools, Prescott Unified School District, Round Valley Unified Schools, Safford Unified School District, Sahuarita Unified School District, Scottsdale unified School District, Sierra Vista Unified Schools #68, Snowflake Unified School District, Tempe Union High School District, Washington Elementary School District, Tucson Unified School District, Western Maricopa Education Center, Whiteriver Unified School District, Wickenburg Unified School District, Yuma Union High School District
- Police: Mesa Police Department, Pima County Sheriff’s Department, St. Johns Police Department, Williams Police Department, Yuma County Sheriff’s Office
- Recorders for Counties: Apache, Cochise, Coconino, Graham, Maricopa, Mohave, Navajo, Pima, Pinal, Yavapai
- Towns: Cave Creek, Florence, Gilbert, Marana, Oro Valley, Paradise Valley, Prescott Valley, Queen Creek, Sahuarita
- Other: City of Apache Junction Clerk, City of Phoenix Aviation Department, Education Technology Consortium, Fort Defiance Indian Hospital Board, Maricopa County Attorney’s Office, National Law Enforcement Telecommunications System, Northern Arizona Council of Governments, Northern Arizona Intergovernmental Public Transportation Authority, Phoenix-Mesa Gateway Airport, San Carlos Apache Healthcare Corporation, Sun Tran, Tuba City Regional Health Care Corporation, Valley Metro Regional Public Transportation Authority
After the canvass, Hobbs joined the Arizona House Democratic Caucus’ retreat.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Mar 21, 2022 | News
By Terri Jo Neff |
The Arizona State Board of Education (SBE) will have a bunch of new faces at its next meeting following Monday’s announcement by Gov. Doug Ducey of seven new members.
Created within the Arizona Constitution, the mission of the 11 member board is to develop successful citizens through robust public education. The SBE oversees the public school system by establishing policies, setting courses of study, and gathering data on pupil performance.
The new members chosen by the governor are:
Jason Catanese, an algebra and geometry teacher at Pueblo Del Sol Elementary School in the Isaac School District who is a former national teacher of the year for Teach For America. He is also chairman, co-founder, and executive director of the Camp Catanese Foundation.
Jenny Clark, the founder and CEO of the non-profit Love Your School which helps families navigate school options, whether in a district, charter, private, online, homeschool, microschool, or learning pod setting.
Jacqui Clay, the elected Cochise County superintendent of schools who has worked as a teacher, assistant principal, and director of career technical education.. She also spent 25 years serving in the U. S. Army.
Dr. Scott Hagerman, superintendent of the Tanque Verde School District and Continental Elementary School District. His experience includes past positions with Tucson Unified School District, along with work as a principal and classroom teacher.
Katherine Haley, whose nearly 20 years of experience in public policy and philanthropy has involved expanding educational opportunities by building coalitions to advance federal policies which improve school choice and strengthen students’ workforce readiness.
Julia Meyerson, the founder and executive director of Vista College Prep charter schools in Maricopa County. A Phoenix native, Meyerson joined Teach For America after college and served as an educator in Brooklyn, New York.
Karla Phillips-Krivickas, the founder and CEO of Think Inclusion who has more than 20 years of experience in state and federal policy. She uses her experience to advise education leaders on sound policy and best practices to advance academic achievement for students, including those with disabilities.
The outgoing members are Janice Mak and Calvin Baker, whose terms had expired back in January 2020; Lucas Narducci, Michelle Kaye, and Patricia Welborn, whose terms ran only to January 2021; and Jill Broussard and Armando Ruiz, whose terms expired in January 2022.
“Arizona is grateful to the outgoing members for their service and commitment to students’ success, and for their steady hand in guiding our educational institutions during the pandemic,” Ducey said with the announcement. “Our new board members have big shoes to fill, but I am confident that with their new energy, fresh ideas and diverse backgrounds, we will be able to continue strengthening education for our students.”
The new SBE members will join Christine Burton (January 2023) and Dr. Robert Robbins (January 2024) and as well as Kathy Hoffman who is a member due to her position as the state’s elected Superintendent of Public Instruction. Also carrying over for now is Dr. Daniel Coor as the community college representative, whose term expired in January 2021.
Ducey’s announcement included two community members for the Arizona Board of Regents, which is the governing body for the state’s three public universities: Arizona State University, Northern Arizona University and the University of Arizona.
One of the new Regents is Gregg Brewster, a senior sales executive of Brewster HealthCare Consulting who has expertise in health care, supply chain management and transportation. According to the governor’s office, Brewster is a member of the AORN Foundation Board of Directors, as well as an active participant on the Arizona State University Alumni Board.
The other new Regent is Doug Goodyear, CEO and a founding partner of DCI Group, a public affairs firm with offices in Arizona and Washington, D.C. The company has grown into of the country’s largest independently-owned public affairs firms. Goodyear has been active in the Phoenix chapter of the Young Presidents’ Organization.
The outgoing Regents are William Ridenour and Ronald Shoopman.
by Corinne Murdock | Feb 10, 2022 | Education, News
By Corinne Murdock |
On Wednesday, the House Government and Elections Committee narrowly approved a bill from State Representative Joseph Chaplik (R-Scottsdale) prohibiting government entities or schools from requiring minors to wear a mask without the express parental consent. All Democrats voted against HB2616, ensuring Republicans edged out a narrow 7-6 victory.
“I believe parents should make decisions for their children, not the government,” asserted Chaplik. “The states of Florida and Virginia, with bipartisan support, have passed this similar policy. I will continue to stand for freedom in Arizona for our constituents.”
HB2616 would’ve had greater reach than government and K-12 education: the original bill also prohibited mask mandates in private businesses for both adults and for minors, unless the business had express parental consent for the child to wear one. An approved amendment to HB2616 from State Representative John Kavanagh (R-Fountain Hills) struck those additional provisions.
During the committee hearing, Chaplik explained that obtaining consent was up to the schools. When State Representative Sarah Liguori (D-Phoenix) expressed confusion as to whether schools would be required to obtain written consent for a child that showed up to school wearing a mask, Chaplik clarified that the child arriving to school in a mask was sufficient parental consent.
Liguori lambasted her colleagues for “buying into a political narrative.” She claimed that school districts with mask mandates have opt-out options for parents. That is incorrect. Tucson Unified School District (TUSD), for one, doesn’t mention the option to not wear a mask on school property.
“I hate to get caught up in the politics of the masks, which I believe was intentionally designed as an illusion but its even more of a fantasy to think we as legislators know more than the experts who have trained their entire lives in these fields and have studied the science and data on this day in and day out for the past two years,” said Liguori.
State Representative Jake Hoffman (R-Queen Creek) challenged Liguori’s assertion that the experts were infallible and that the masks were a political issue. Hoffman reminded the committee of the CDC’s track record of changing their guidelines and goalposts constantly.
“In reality, the science is on the side that kids should not be forced to wear masks,” said Hoffman. “This is not a political argument, it’s an actual medical science argument. There’s countless medical studies to support this, and there are countless health professionals at the highest levels — especially medical doctors, not just public health professionals because there’s a very big difference between an actual medical doctor and a public health professional — they support this.”
On Tuesday, the American Federation for Teachers (AFT) President Randi Weingarten pushed back in an interview with MSNBC against the beginning trend to drop mask mandates in schools. Weingarten admitted that masks are not only intolerable but an impediment to learning.
CDC Director Rochelle Walensky has also pushed back, arguing in an interview with Reuters this week that “now is not the moment” to drop mask mandates.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Jan 14, 2022 | News
By Corinne Murdock |
Individuals may receive $100 grocery gift cards if they get vaccinated fully through the city of Phoenix’s mobile COVID-19 vans. Those interested must register with either Vincere Cancer Center or Premier Lab Solutions, the two health care companies operating the vans. Vaccination will be free, as will be testing.
The city didn’t disclose how many gift cards they would give out in their initial announcement, only saying that the number of gift cards given would continue while supplies lasted. AZ Free News asked the city how many gift cards they were distributing. They didn’t respond by press time.
Phoenix’s move appears to fall in line with the suggestion from President Joe Biden this summer to offer $100 to incentivize vaccinations.
Phoenix will have one to two vaccination vans eligible for the $100 gift card offer at various locations around the Valley. A list of vaccination dates, times, and locations is available on the city’s website.
Like many other cities across the country, Phoenix has relied on monetary incentives or rewards for compliance with encouraged or mandated vaccination. Last December, the city council voted to give its employees bonuses of up to $2,000 for getting vaccinated, costing the city anywhere from $25 to $29 million in federal relief funds.
Other governmental authorities have opted to offer financial incentives for vaccination as well. In December, the Tucson Unified School District (TUSD) Governing Board voted to give employees $500 for being vaccinated fully, with $100 for each booster shot. The board reported that these vaccination payments would total approximately $3 to $5.8 million of their federal Elementary and Secondary School Emergency Relief (ESSER) funds.
According to one of the latest special reports from the Arizona Auditor General, school districts and charter schools spent less than 25 percent of their federal relief monies by the end of June. The Arizona Department of Education (ADE) spent far less: they had 95.5 percent of federal relief funds left to spend by the end of June.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
