News Story

Union Teacher Contract Has Illegal Racial Preferences Provision

Mt. Clemens superintendent says removing language would cost district in employee concessions

A Macomb County public school superintendent says the teachers union contract for her district has a provision that would cost the school all the concessions it negotiated if language believed to be against the law is removed.

Two years ago, before Deb Wahlstrom took over as superintendent of Mount Clemens Community Schools, she said she was aware of issues in the union contract.

Specifically, the union contract includes provisions that the board would not authorize any public school academies (charter public schools) and would implement an affirmative action program in the recruitment, hiring and retention of "multi-ethnic teachers."

The full language:

The Board and Local 1 mandate that both parties implement an Affirmative Action Program in the recruitment, hiring and retention of multi-ethnic teachers. Local 1 agrees to assist in the development of viable procedures with the use of MEA and NEA resources.

Hiring - It is mutually agreed that the Board vigorously will pursue a policy of recruiting and hiring minority educators for vacancies, which may occur within the bargaining unit. Local 1 agrees to assist in the development of viable recruitment procedures, including the use of MEA resources, upon request of the Board.

The charter public school provision appears to violate a 2011 state law, while the affirmative action section contradicts Michigan's constitution, which says public entities "shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."

Mount Clemens ratified an extension of the contract in September 2011 that extends it to Aug. 31, 2014.

Wahlstrom, who inherited the current contract and is in her second year as superintendent, said the district attorney advised the district of the clause in the contract (Tentative Agreement of September 2011) that states if the contract is modified, the district would have to pay back the concessions it received and go back to the previous contract.

Wahlstrom said she's been told the district "can't afford to do it." The district has a Deficit Elimination Plan, which made reverting back unaffordable, she said.

"It's a shame the district negotiated itself into this position," said Audrey Spalding, education policy director at the Mackinac Center for Public Policy.

Spalding authored a study released in March that found that about 60 percent of Michigan's school districts could have illegal provisions in their contracts.

The current Mount Clemens teachers union contract expires Aug. 31. Wahlstrom said she intends to have all the language not allowed by law to be removed during negotiations that begin within a few weeks.

"As you can tell by looking at our contract, there is a lot that will come out by law," she said. 

She said a new negotiator has been hired to do the upcoming contract.

"We did have a concern that so many things were left in the contract that shouldn’t have been in there," she said.

Mount Clemens School Board Member Earl Rickman said if the contract contained language about affirmative action policies, it's never been implemented.

"Our student population is about 79 percent black students, yet the teaching staff is less than 5 percent black teachers," Rickman said in an email. "So much for the language to develop and recruit non-white teachers."

Rep. Tim Kelly, R-Saginaw Township, has called for a formal investigation by state departments into school districts which "allow bigotry and intolerance to be enshrined" in their contracts. 

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

Commentary

Agenda For Detroit: What Role State Government Should Play After Bankruptcy

This article first appeared at PublicSectorInc.org on March 12.

Detroit Emergency Manager Kevyn Orr's introduction of a debt adjustment plan puts the city one step closer to emerging from bankruptcy. Gov. Rick Snyder went so far as to call it proof that the city's recovery is underway.

But Detroit's recent history is littered with many false claims of an impending turnaround — Detroit's Renaissance Center opened in 1977 — and successful emergence from bankruptcy is no guarantee of revitalization. To ensure an authentic recovery, state government must remain actively involved for the foreseeable future.

By reducing its debt in bankruptcy, Detroit will free up funds to reinvest in current operations. Without bankruptcy, legacy costs threaten to take up two-thirds of the city's revenue in coming years.

This extra money will help Detroit improve management. According to the state's report certifying a financial emergency, the city's managers were overspending budgets for years, without the authority to do so, and internal reporting was in shambles. Auditors found "deficiencies in the areas of transaction processing, account analysis, data integrity, reconciliation performance and document retention."

Problems in information systems can severely harm basic service delivery operations. Emergency response is uncoordinated when police, fire and EMS all use different systems. Negotiations over Detroit's water and sewer department have stalled because of a lack of current information and the city's inability to provide it. New mayor Mike Duggan promises that transit regionalization plans will "pick up once we get DDOT running better," as reported in Lansing newsletter MIRS.

Fixing city mismanagement is all the more important in the face of continuing decline. Orr's debt readjustment plan assumes that the population will drop to 625,000 by 2020, a loss of another 60,000 people. This will weaken an already dangerously soft tax base. And there will be constant pressure from the state legislators who question the state's sky high local aid payments, given that fewer and fewer residents live in Detroit.

Population loss can set a city on a death spiral. Mismanagement increases as budgets get strained. Service quality suffers, such as through emergency furloughs, thus causing more residents to leave, placing further strain on budgets. On the revenue side, Detroit has tried to develop solutions to strengthen the tax base — casino taxes, for instance, but continuing decay has been the rule. But if the city can improve management, it might be able to lower costs.

Much more needs to be done, especially in competitive contracting and asset sales. And as the city starts to better administer its policies, it also needs to be careful about being high-handed in enforcing burdensome rules.

It is not the state's job to manage contracts or administer IT. The state needs to monitor the city. Are the books balanced and are city officials sticking to approved budgets? Are all contracts going through a fair bidding process? Are the deals worked out in bankruptcy court being honored? In other words, the state should make sure that Detroit abides by the state's rules for local governments.

At present, state government is implementing this approach in Pontiac, where an emergency manager is transitioning the city back to the control of elected officials. A state-appointed four-member board is monitoring the city and has provided effective supervision over city finances.

The board takes an active role in oversight. It meets monthly to approve or reject new resolutions and ordinances and approve litigation settlements. The board also reviews city financial information. This prevents local profligacy. For example, the Pontiac transition advisory board rejected a change in retirement system rules to extend more benefits to some laid-off employees.

It is to be expected that local elected officials will fight against the board. Pontiac's did. The city council proffered a resolution denying the transition board's authority. This was subsequently rejected by the board. As long as the transition board keeps the city abiding by state balanced budget and accounting rules, its relationship with elected officials is beside the point.

With less debt and better management, Detroit should be able to handle a decrease in its size. Comparing it to other cities in Michigan shows that there is more room to cut costs while preserving quality. When control returns to the city's elected officials, it will be up to the new mayor and city council to lead these reforms.

But no one should underestimate the threat of a return to bad habits, such as putting off cost cutting and borrowing for operational costs. State monitoring can prevent backsliding by city officials and ensure that residents receive quality services even if Detroit continues to lose population.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.