1. Impasse Dos and Don’ts FEN 35 th Annual Conference May 20, 2015 Prepared by Leonard J. Dietzen, III, Esquire © 2015 Rumberger, Kirk & Caldwell, P.A.

2. Impasse Process Public Employees – Resolution of Impasses Sec. 447.403, F.S. (2014) © 2015 Rumberger, Kirk & Caldwell, P.A.

3. Union or Board declares impasse Sec. 447.403(1), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

4. Public hearing If mutually agreed, parties can proceed directly to public hearing. Sec. 447.403(2)(a) and (4)(d), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

5. Optional mediation PERC appointed Sec. 447.403(1), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

6. Special Master appointed Sec. 447.403(2)(a), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

7. Hearing 15 days Sec. 447.403(3), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

8. Do © 2015 Rumberger, Kirk & Caldwell, P.A. Prepare for hearing like you want to win. Follow blue print set forth in § 447.405 “Factors to be considered by special magistrate. Organize presentation so special magistrate knows what you want.

9. © 2014 Rumberger, Kirk & Caldwell, P.A. Section 447.405, Florida Statutes, requires the Special Magistrate to consider certain factors. Comparisons in local area in similar work; Comparisons in similar public employment of comparable size throughout the state; Interest and welfare of the public; Comparisons to other trades or professions; and Availability of funds. Factors to Consider

10. Don’t © 2015 Rumberger, Kirk & Caldwell, P.A. Fail to prepare because the Board has final say. –This may be true but a strongly worded recommendation from the special magistrate has political power for the union. –Preparation leads to better data for the special magistrate. Fail to cost out the union’s proposals and demonstrate why they are not reasonable.

11. Special Master’s recommended settlement 15 days Sec. 447.403(3), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

12. Acceptance of recommendation 20 days to decide Sec. 447.403(3), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

13. Rejection of recommendation 20 days to decide 10 days statement to legislative body Sec. 447.403(4)(a), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

14. Rejected items to Board End Executive Sessions Sec. 447.403(4)(a) and (b), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

15. Public hearing Sec. 447.403(4)(c) and (d), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

16. Proposed agreement drawn up Sec. 447.403(4)(e), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

17. Ratification vote Sec. 447.403(4)(e), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

18. Ratified Whew! © 2015 Rumberger, Kirk & Caldwell, P.A.

19. Not ratified Sec. 447.403(4)(e), F.S. © 2015 Rumberger, Kirk & Caldwell, P.A.

20. Executive Sessions Permitted until special master’s recommended settlement is rejected or until parties mutually agree in writing to waive the special master procedure. After that time, the Board becomes a neutral body for the purposes of the impasse process. © 2015 Rumberger, Kirk & Caldwell, P.A.

21. Case Study School board has reserve balance below 3% on April 1, 2015. Parties are in open book negotiations and ten financial items remain in dispute, including wages. What steps would you take and why? © 2015 Rumberger, Kirk & Caldwell, P.A.

22. Board Insurance Contributions © 2014 Rumberger, Kirk & Caldwell, P.A. Highlands $642.67 Nassau $622.00 Duval $564.00 Clay $516.00 Columbia $458.33 St. Johns $425.83 7.Flagler $424.78 8.Baker $424.00 9.Union $369.55 10.Putnam $350.00 11.Bradford $303.00

23. Guidelines for General Fund © 2014 Rumberger, Kirk & Caldwell, P.A. “The district school board shall maintain a general fund ending fund balance that is sufficient to address normal contingencies. (1) If at any time the portion of the general fund’s ending fund balance not classified as restricted, committed, or nonspendable in the district’s approved operating budget is projected to fall below 3 percent of projected general fund revenues during the current fiscal year, the superintendent shall provide written notification to the district school board and the Commissioner of Education.” Ch. 1011.051, Florida Statutes

24. Guidelines for General Fund © 2014 Rumberger, Kirk & Caldwell, P.A. (2) If at any time the portion of the general fund’s ending fund balance not classified as restricted, committed, or nonspendable in the district’s approved operating budget is projected to fall below 2 percent of projected general fund revenues during the current fiscal year, the superintendent shall provide written notification to the district school board and the Commissioner of Education. Within 14 days after receiving such notification, if the commissioner determines that the district does not have a plan that is reasonably anticipated to avoid a financial emergency as determined pursuant to s. 218.503, the commissioner shall appoint a financial emergency board that shall operate under the requirements, powers, and duties specified in s. 218.503(3)(g).” Ch. 1011.051, Florida Statutes

25. Disclaimer The information provided during this presentation is not intended for legal advice. The presentation, and any handouts which may accompany it, provide general information on the impasse process and answers to common questions about this issue. Please consult an attorney to assure that this information, and your interpretation of it, is appropriate to your particular situation. © 2015 Rumberger, Kirk & Caldwell, P.A.

26. Leonard J. Dietzen, III, Esquire Rumberger, Kirk & Caldwell, P.A. P.O. Box 10507 Tallahassee, FL 32302-2507 (850) 222-6550 ldietzen@rumberger.com © 2015 Rumberger, Kirk & Caldwell, P.A. **APPLAUSE OPTIONAL, BUT EXPECTED.** Thank you!