OPS Administration in need of reform
By Jordan Cash
The rift within the Omaha School Board over decision making, along with a series of fiscal and administrative blunders and consistently low test scores have made it abundantly clear that the Omaha Public Schools system is not working as it should be.
At its core, the issue is the inability of the school board to direct the policy for the school district and the incredible amount of control exercised by Superintendent John Mackiel, to the point where the school board almost appears to have become little more than a rubber stamp for the administration. That an elected official on the school board cannot even receive an organizational chart of the district is outrageous (this story first appeared in the Omaha World Herald and may be found here).[1] Arguments that creating such a chart would take too much staff time are also only add insult to injury. As an organization overseeing around 46,000 children with more than 7,000 employees,[2] it is not unreasonable to expect details about how the district is organized to be available to teachers, parents and the taxpayers funding the system.
The school board recently spent $131,000 of federal stimulus money on controversial cultural proficiency books, of which the Platte Institute criticized last month (a pdf of the article may be found here).[3] In addition, the school board set aside $200,000 to be used in the search for a new superintendent when Mackiel retires next year, even though one 2006 study shows that superintendent searches for the top 65 urban areas-of which Omaha is 49th-only cost between $40,000 and $100,000.[4] School boards in Bellevue and Lincoln in their recent searches for new superintendents spent a combined total of $47,926, which included the hiring of consultants and advertisers. (The combined student bodies of the Bellevue and Lincoln school districts are only slightly smaller than that of Omaha).[5]
Currently, Mackiel’s contract allows the superintendent far more latitude in determining policy than is given to most superintendents, particularly since Mackiel’s contract contains a clause restricting the School Board to act only on policies that are set elsewhere.[6] This clause of the contract has since become board policy, actively giving the superintendent more authority over the direction of the school district. In addition, Mackiel’s salary and benefits are collectively far higher than any other superintendent in the state, reaching over $413,000.[7] This amount is more than that of superintendents in other cities of comparative size to Omaha; the superintendents for Raleigh, North Carolina and Colorado Springs, Colorado-cities close to Omaha in population[8]-do not have salaries and benefits as high as Mackiel.[9] Indeed, Mackiel’s salary is high enough to raise concerns from Nebraska Governor Dave Heineman.[10]
That the board has little room for dissent is another issue which suggests there may need to be changes on the board. The purpose of a multiple person board is to facilitate discussion and debate, dissent shows the students and parents of OPS that the board is considering multiple options.
Having unanimity most of the time creates the sense that the board is caught in some cycle of constant groupthink, is a rubber stamp for the administration, or both. Since the 2010 elections, when Justin Wayne, Barbara Velazquez, and Marian Fey joined the board, there have been 217 votes, and while Wayne dissented or abstained the most-a combined fifty-five times-the other eleven board members dissented or abstained a combined total of thirteen times.[11] When one does not consider Wayne’s dissents or include abstentions as veritable “no” votes, the OPS Board has voted unanimously ninety-eight percent of the time during the past year.
Most problematic is that Omaha Public Schools test scores are horrendous; in reading, language, and math, OPS students posted the worst scores in 18 years this past year.[12]
An OPS reform suggestion proposed by State Sen. Scott Lautenbaugh of Omaha would reduce the board to five members and limit them to two terms, with each member paid $20,000 a year. This idea would make the OPS Board the only paid school board in the state.[13] This idea has some merit. OPS has the largest school board in the state, Lincoln only has seven school board members, while Grand Island has nine and Bellevue has six. In perspective with cities of similar size, Colorado Springs only has seven school board members and Raleigh-whose school board also oversees the entirety of Wake County, North Carolina-only has nine members.[14] Term limits would keep ideas fresh and prevent individuals from turning membership into a lifelong post. Only seven of the current members have entered the board within the last ten years. The board’s president, Sandra Jensen, has had a continuous presence on the board for over thirty years.[15]
However, there are also concerns with Lautenbaugh’s proposal. A five member board may be too small to truly facilitate school board functions without being too heavily reliant on the administration. A seven-member board with two members elected by the school district at large would probably be a better fit. Also, making the OPS board the only paid board in Nebraska could be a misuse of taxpayer money, since the superintendent is already overpaid there is no reason to also pay school board members.
Other reform ideas would go beyond simple administrative reform and board restructuring. Ideas include OPS giving up some of its schools to other districts; keeping the OPS boundaries and having high schools and their complement elementary and middle schools act as mini-districts and compete to promote best practices; or breaking OPS into three districts as was proposed by State Sen. Ernie Chambers in 2006.[16]
Another idea that builds upon the concept of high schools and their complimentary schools becoming competitive is one being tried in Falcon, Colorado, which would turn each high school into its own zone, with the principal acting as an assistant superintendent and overseeing those zones. The superintendent job is then replaced with a chief executive officer to oversee academic issues across the zones, while other issues normally overseen by a superintendent would be passed to the new assistant superintendents overseeing the smaller zones. This idea is a part of Colorado’s Innovation Schools Act, which allows districts to gain waivers from state laws and collective bargaining arrangements.[17]
With falling test scores, over-spending, and a school board that seems to be operating at the direction of the superintendent, there is no doubt that OPS needs to make some changes. The elected board members must respect taxpayer dollars and insure Omaha’s students receive an adequate education.
[6] Contract between Board of Education of Douglas County School District 0001 and John J. Mackiel, effective September 1, 2010. Section 12, Administration. Accessed September 28, 2011: http://dataomaha.com/superintendent-contracts/john-mackiel.
[15] Robb and Braden, Omaha world Herald, September 18, 2011. Jensen was first elected in 1978, she then left the board but was re-elected to it in 1980.
Phoenix taxpayers spend millions of dollars to pay full salary and benefits for city
employees to work exclusively for labor unions.
An investigation uncovered that collective bargaining agreements with seven
labor organizations require the city to pay union officers and provide
members with thousands of additional hours to conduct union business
instead of doing their government jobs.
The total cost to Phoenix taxpayers is about $3.7 million per year, based on payroll records supplied
by the city. In all, more than 73,000 hours of annual release time for city
officials to conduct union business at taxpayers’ expense are permitted in
the agreements. And it’s not just Phoenix: Similar agreements nationwide
cost hundreds of millions of dollars, by some estimates.
The top officials in all of the unions have regular jobs with the city. But
buried in the labor agreements are a series of provisions for those employees
to be released from their regular duties to perform union work.
For top officers, the typical amount of annual release time is 2,080 hours, a
full year of work based on 52 weeks at 40 hours each. They continue to draw
full pay and benefits, just as if they were showing up for their regular
jobs. But they are released from their regular duties to conduct undefined
union business.
Union officials say the time is a good investment that leads to a more productive
workforce. Critics say it amounts to an illegal gift of taxpayer money.
One city council member called it “shocking,”
adding that “taxpayers should not be funding union activities. It should
all come out of union dues.”
To read the rest of this special investigation, click
here.
To read recommendations for ending this practice, click
here.
Recently, John Mackiel announced his retirement as OPS superintendent. A week later, OPS released its worst test
scores in 18 years. Coincidence? Who knows? Whether you loved or hated Mackiel, no Superman is going to fix OPS no matter who you hire next, no matter how long you wait, and no matter how often you blame poverty (you know, bad schools increase the rate of poverty, exacerbating a downward spiral). After Mackiel’s ten years on the job, expensive bond issues, new construction, the end of busing, a new Learning Community, and more, OPS is still too big, too top heavy, and has simply not succeeded in its mission to educate our children. OPS is a failed school district: that’s a fact – and everybody knows it.
If a business faced this kind of performance, it would be time to close or reorganize, reassess your strategic plan, and make bold changes. That’s what OPS should do – break apart and reorganize. Here are a couple of suggestions worth considering: 1) Include the other area school districts by giving them one OPS high school and a complement of junior high and elementary schools. Westside could take Benson, Bennington – Northwest, Bellevue – Bryon, Elkhorn – Burke, leaving North, South, and Central as the new OPS; or, 2) Keep OPS’ boundaries, but make each of the seven high schools a mini-district and let those districts compete, better yet – give students vouchers to use within this reconstructed district; or, 3) Use a Senator Chambers’- like plan breaking OPS into three parts; or, 4) Shop around the country for a “best practice,” like an Arizona Plan that allows parents and students more choice and more types of schools to choose from. Whatever works, because what we are doing now does not!
A change in superintendent is an opportunity for OPS to consider much bigger structural improvements and reassess its vision. The School Board, Learning Community, and legislature should use this opportunity to act, be prepared with a fully vetted restructuring plan BEFORE the legislative session opens so that any changes can be made in advance of any new hiring and another school year begins. We need a strong, well-educated workforce that matches the incredibly vibrant and productive Omaha business community’s needs. We cannot afford to waste another ten years – another half generation of Omaha school children ground up as the grist in the OPS school mill.
(OMAHA, NE) – On August 8, 2011, the Omaha Alliance for the Private Sector, after carefully reviewing the proposed labor contract for the firefighters union and labor contracts from other cities across America, is asking the City Council to significantly modify the proposed labor contract and wait until October, when the new Commission for Industrial Relations rules become law.
“This labor contract is another example of city leadership being too accommodating and handing a terribly expensive labor contract to the City Council for a vote. It’s time for city leaders to take a tough stand and begin modifying our existing labor contracts so that they look more comparable to other cities,” said Chip Maxwell, Executive Director of the Alliance.
The Alliance recommends these changes:
The Big 10 Changes Needed in Firefighter Contract
Show Fiscal Stewardship for Taxpayers
Call Your Council Member at: 402-444-5520
I. Eliminate language that allows “Memoranda of Understandings” to modify the contract.
A) No labor contract is a contract, if it can be modified by other parties later, after it is approved. You don’t know what you have approved! The Council must know today what they are voting on.
B) NFPA 1710 should be a goal, not a mandate!
II. Eliminate language that exempts total pension costs from CIR comparisons.
A) The entire cost of the pension plan should be factored into the analysis for hourly wages, not just current funding costs. Remember, the firefighters pushed for the pension plan changes in 2003. If they made a mistake, they should also be responsible for the funding shortages. The taxpayers shouldn’t be the only ones covering for their mistake.
III. Remove the Expansion of Union Hours for Officers.
A) There is no union group that has worked harder at suing the City of Omaha than the fire union and there is no employee group who has demonstrated a worse ability to comply with the terms of previous labor contracts than the fire union.
B) It would be incredibly foolish for the City to pay the union President to work full-time, on the taxpayer’s dime, so he can further attack the city. There should not be “Detached Duty” allowed for Executive Board Meetings.
IV. Eliminate Restrictions on Staffing.
A) The CIR gave management complete control over staffing, ranking and equipment in service. The new language in the contract that only permits reductions through attrition is something not found in any other labor contract that we could find. This seriously undermines the CIR ruling and must be removed from the contract.
V. Change the Retirement Payout Formula.
A) The older employees were the ones that pushed for better pension benefits in 2003 that caused the funding catastrophe. It is unfair to ask the taxpayers to fully cover for their plan design mistakes.
B) The retirement payout should return to what it looked like in the 2003 contract with the COTA provisions. All employees, not just the young should sacrifice since their scheme to lower the retirement age and increase the payout was such a financial catastrophe.
C) Every form of compensation above base pay should be removed from the benefit formula for retirement payouts.
D) These changes could bring the annual pension costs back to 25% of pay rather than the 33% proposed.
VI. Transfer all employees to the Health Benefit formula of Civilian Employees.
A) By changing the deductible, co-insurance and out of pocket features to mirror that of the Civilian Employees, the annual cost of the benefit plan should reduce by at least 20%. Additional features such as Health Savings Accounts should also be implemented to lower costs and special perks like Lasik Surgery for family members should be eliminated.
VII. Eliminate the DEFERRED RETIREMENT OPTION Program.
A) If older employees are willing to continue to work, just extend the retirement age. It is not wise to incent the oldest employees to continue working at the highest income ranges, with the highest medical costs, by paying them both their wages and the pension at the same time. This will have unintended consequences that are not good.
VIII. Remove language mandating the training of 24 Paramedics per year.
A) How many paramedics to be trained in a given years should be a “Management Prerogative,” not a mandate in the contract.
IX. Eliminate all supplemental areas of compensation and adjust hourly wage accordingly.
A) The increase in Paramedic Pay, Special Operations Pay, Bureau Employee Pay, Rescue 51 Pay, and Suppression “Specialty” Employee Pay should be removed and the hourly wage only should reflect the total compensation.
B) A complete audit of the financial consequences of all these contract changes should be completed before this contract is approved. These create increases in compensation in years when wages were to remain flat.
X. Any pay increases per the contract should be tied to the actual cost of living rate in those given years.
TOTAL ANNUAL SAVINGS TO TAXPAYERS:
III. Removal of full time union President position & union hours: $ 150,000
IV. Allow for reductions in staff now (Reduce by 36 @ $75,000): $2,700,000
V. Change Pension Formulas to 2003 levels (Est.): $5,000,000
VI. Change in Health Insurance Plan to Civilian Formula (Est.): $1,780,000
Total Savings: $9,630,000
These savings do not reflect the adjustments that would be made in compensation should the new rules for CIR comparisons take effect after October 1, 2011. Pension and benefit credits along with Cost of Living adjustments may save significantly more.
All of these recommended changes will not have any negative impact on public safety. After these changes are made in the contract, final approval should be delayed until October 1, 2011, when the new CIR rules take effect.
Omaha Alliance for the Private Sector, 9850 Nicholas Street, Suite 305, Omaha, NE 68114
Please block out Tuesday afternoon (next week the 9th) at 2pm to attend the Omaha City Council meeting where they will be taking public testimony on the proposed Fire Union Contract. No other city in America would approve this contract as is, so please attend and help keep our Councilpersons from making another labor contract mistake.
Today, we learned the Fire Union passed the proposed contract and the police management team will still get sizeable raises, the Chief somewhere between $17,000 and $38,000. In the meantime, the stock market lost 7% – all its gains this year – during the debt ceiling wrangling. So, while the federal politicians plunder our savings (does anyone even have a savings left?) our local politician, the Mayor, tells us we have to pay fire and police comprable salaries to other cities. Well, check out what is going on in Milwaukee. And, you guessed it, Milwaukee has been one of the cities in our array. See how this works? Please show up August 9th, 2011 at 1:30PM to Council Chambers for the Public Hearing on the Fire Contract and the second vote on Police raises. Here is the Milwaukee article:
