April 6, 2011: From FRSOptions.info
SB 2100 passes 2nd reading with amendments!
As best as we can decipher the myriad amendments, amendments to the amendments, and replacements to the amendments, SB 2100 has passed its 2nd reading and is heading to the third and final reading. The changes would seem to indicate the following:
Employee retirement contributions would be a graduated scale; 2% on the first $25,000, 4% for compensation between $25,000 and $50,000, and 6% for compensation over %50,000.
AFC will include up to 300 hours of overtime, and 500 hours of accumulated leave time.
The DROP will continue through July 1, 2016. No new enrollees after that date.
The interest rate for DROP members entering after July 1, 2011 will be reduced to 2%, it will stay at 6.5% for those enrolling before July 1.
Vesting for the Pension goes to 10 years for those hired after July 1. Only those hired in Special Risk may participate in the Pension Plan after July, all other new hires must participate in the Investment Plan.
Special Risk members retain the normal retirement date of age 55 or 25 years of service.
Accrual rates remain the same.
We have done our best to go back and forth with the language, and make the substitutions for all of the changes, and are cautiously optimistic that we have the proposals straight. The bill goes next for the 3rd reading. If approved by the Senate, it will then have to be approved by the House. That would mean HB 1405 must go through a similar process and the terms would ultimately have to be identical to become law.
YOU ARE HAVING A POSITIVE AFFECT, KEEP UP THE CALLS!
Thursday, April 7, 2011
FL Tenure Bill Update
UPDATE ON THE "TENURE BILL"
PCB7193 by the House K-20 Competitiveness Sub-committee filed by Rep. Erik Fresen (R, Miami), most egregiously proposes to stop "tenure" by eliminating continuing contracts.
In support of our membership, I immediately went on record in newspaper and television interviews, and with the Chronicle of Higher Education, to express our displeasure and opposition with such a bill. The bill was a surprise to us all and the process that lead to its drafting was not inclusive of all potentially affected parties. It almost appeared to be a solution in search of a problem.
Rumors were circulating last week that this bill was promulgated by the Council of Presidents. That is NOT true. The presidents, lobbyists, and all of us involved in the legislative business for the college system learned of the bill at the same time a week ago Monday morning. The Council of Presidents has not even had a collective discussion about it. It is expected that they will discuss it at their business meeting on April 7.
The good news is that there is no Senate bill at this time. Efforts are underway to educate Rep. Fresen that much of the contracting issue he covered in the bill can already be addressed by our district boards of trustee (DBOT). The AFC is also pushing to leave tenure issues out of state government intrusion and allow each college's DBOT to deal with it if necessary.
The following analysis was compiled with the help of Margie Robertson, Chair of the AFC Faculty Commission:
1) Removes language in F.S. 1007.33 which awarded continuing contract rights to the new St. Petersburg College administrative and instructional employees .
2) Categorizes all college employees into four categories (before there was no such detail); Administrative, Educational support, Instructional Personnel, and President.
3) Specifies two types on contracts which can be issued to all personnel except the President, a probationary contract and an annual contract.
4) States that all employment is at the pleasure of the President with approval by the board of Trustees
5) Puts all employees on a probationary contract for one year upon hiring;
6) After July, 1, 2011 allows only annual contracts subsequently, except for Presidents.
7) Prohibits any continuing contract for instructors (tenure) or other right (sabbatical, etc.) unless the State Board of Education approves.
8) If annual contracts are not continued, there is no right to explanation or hearing.
9) Gives college presidents the right to terminate any contract of any employee.
10) Directs college presidents to institute evaluation systems, and
11) Sets guidelines for the reduction in force of college employees of all categories, and how to determine which employees are laid off first, second, third, etc., based on the evaluation system required above.
The Faculty Commission has also drafted a resolution, which we will hold until needed, if and when we see the bill moving forward. At this time, we expect the bill to die for this year. However, that could change at any minute. Moreover, the concepts and tenets of it may very likely re-appear next year.
Please be assured, your AFC supports its members (and non-members) and that includes faculty, support staff, career professional, classified, senior management or whatever category you are in.
Michael Brawer, MS.Ed.
Executive Director and CEO
Association of Florida Colleges
(formerly the FL Association of Community Colleges)
113 East College Ave.
Tallahassee, FL 32301
850-222-3222
850-528-1082 cell
850-222-2327 fax
PCB7193 by the House K-20 Competitiveness Sub-committee filed by Rep. Erik Fresen (R, Miami), most egregiously proposes to stop "tenure" by eliminating continuing contracts.
In support of our membership, I immediately went on record in newspaper and television interviews, and with the Chronicle of Higher Education, to express our displeasure and opposition with such a bill. The bill was a surprise to us all and the process that lead to its drafting was not inclusive of all potentially affected parties. It almost appeared to be a solution in search of a problem.
Rumors were circulating last week that this bill was promulgated by the Council of Presidents. That is NOT true. The presidents, lobbyists, and all of us involved in the legislative business for the college system learned of the bill at the same time a week ago Monday morning. The Council of Presidents has not even had a collective discussion about it. It is expected that they will discuss it at their business meeting on April 7.
The good news is that there is no Senate bill at this time. Efforts are underway to educate Rep. Fresen that much of the contracting issue he covered in the bill can already be addressed by our district boards of trustee (DBOT). The AFC is also pushing to leave tenure issues out of state government intrusion and allow each college's DBOT to deal with it if necessary.
The following analysis was compiled with the help of Margie Robertson, Chair of the AFC Faculty Commission:
1) Removes language in F.S. 1007.33 which awarded continuing contract rights to the new St. Petersburg College administrative and instructional employees .
2) Categorizes all college employees into four categories (before there was no such detail); Administrative, Educational support, Instructional Personnel, and President.
3) Specifies two types on contracts which can be issued to all personnel except the President, a probationary contract and an annual contract.
4) States that all employment is at the pleasure of the President with approval by the board of Trustees
5) Puts all employees on a probationary contract for one year upon hiring;
6) After July, 1, 2011 allows only annual contracts subsequently, except for Presidents.
7) Prohibits any continuing contract for instructors (tenure) or other right (sabbatical, etc.) unless the State Board of Education approves.
8) If annual contracts are not continued, there is no right to explanation or hearing.
9) Gives college presidents the right to terminate any contract of any employee.
10) Directs college presidents to institute evaluation systems, and
11) Sets guidelines for the reduction in force of college employees of all categories, and how to determine which employees are laid off first, second, third, etc., based on the evaluation system required above.
The Faculty Commission has also drafted a resolution, which we will hold until needed, if and when we see the bill moving forward. At this time, we expect the bill to die for this year. However, that could change at any minute. Moreover, the concepts and tenets of it may very likely re-appear next year.
Please be assured, your AFC supports its members (and non-members) and that includes faculty, support staff, career professional, classified, senior management or whatever category you are in.
Michael Brawer, MS.Ed.
Executive Director and CEO
Association of Florida Colleges
(formerly the FL Association of Community Colleges)
113 East College Ave.
Tallahassee, FL 32301
850-222-3222
850-528-1082 cell
850-222-2327 fax
Tuesday, April 5, 2011
Florida Bill Targets Community College Tenure
The article below is from Inside Education.
March 29, 2011
A surprise piece of legislation emerged in Florida Friday that would bar community colleges in the state from awarding tenure to faculty members.
The bill will receive its first hearing today, and while it is a long way from passage, it arrives at a time when Florida lawmakers have shown considerable willingness to wipe out job protections for educators. Just weeks ago, the Legislature approved a ban on multiyear contracts for elementary and secondary school teachers, effectively ending tenure in the state's K-12 system.
Indeed in interviews after the final House of Representatives vote on that bill, Dean Cannon, the speaker of the House, said that he had heard interest from community college presidents in applying the idea to their institutions, and that he believed the idea had "merit."
The House K-20 Competitiveness Subcommittee released the new bill on community colleges on Friday -- and scheduled today's hearing without informing faculty or community college groups, officials said. (Many of what were once community colleges in Florida now offer four-year degrees, and some have stopped calling themselves community colleges; the legislation would apply to all 28 institutions in the Florida College System, regardless of whether they have started four-year programs.) Subcommittee members could not be reached for comment on the bill and did not respond to inquiries from Florida reporters.
Ed Mitchell, executive director of the United Faculty of Florida, a statewide faculty union, said that the organization was taking the legislation "very seriously" in light of the strong anti-tenure views expressed by legislators. He said that several Democratic legislators said Monday that they were opposed to the bill, but that the Republicans have sufficient strength to pass the legislation without Democratic support. (The union is affiliated with both the American Federation of Teachers and the National Education Association.)
Mitchell said that the legislation bans the colleges from awarding tenure to anyone who doesn't have it now. He said that while the language suggests an intent to strip tenure from those who currently have it, he believes that the current wording might not do so, because it bans the awarding of any multiyear contracts and doesn't seem to reflect the reality that currently tenured faculty members don't have expiring contracts.
Currently, he said, about 75 percent of full-time faculty members at Florida's colleges have tenure, and the remainder are on the tenure track.
Mitchell stressed that tenure did not mean that faculty members have no accountability. Tenure is awarded after reviews, he said, and procedures are set by the various colleges. "It's not a job for life. It just means that you have a continuing employment contract that requires just cause for termination," he said.
Noting that pay at Florida's colleges already lags the levels of other states, Mitchell quipped that those teaching could carry signs that read: "I'm here for low pay and no job security."
Are there the votes to abolish tenure at the colleges? Mitchell said that given the quiet arrival of the bill, he can't be certain, but added that "I don't think we can underestimate the determination to bust up tenure, the unions and hurt the teaching profession." (Separate legislation in Florida may threaten those faculty unions that do not have 50 percent of eligible members enrolled.)
— Scott Jaschik
March 29, 2011
A surprise piece of legislation emerged in Florida Friday that would bar community colleges in the state from awarding tenure to faculty members.
The bill will receive its first hearing today, and while it is a long way from passage, it arrives at a time when Florida lawmakers have shown considerable willingness to wipe out job protections for educators. Just weeks ago, the Legislature approved a ban on multiyear contracts for elementary and secondary school teachers, effectively ending tenure in the state's K-12 system.
Indeed in interviews after the final House of Representatives vote on that bill, Dean Cannon, the speaker of the House, said that he had heard interest from community college presidents in applying the idea to their institutions, and that he believed the idea had "merit."
The House K-20 Competitiveness Subcommittee released the new bill on community colleges on Friday -- and scheduled today's hearing without informing faculty or community college groups, officials said. (Many of what were once community colleges in Florida now offer four-year degrees, and some have stopped calling themselves community colleges; the legislation would apply to all 28 institutions in the Florida College System, regardless of whether they have started four-year programs.) Subcommittee members could not be reached for comment on the bill and did not respond to inquiries from Florida reporters.
Ed Mitchell, executive director of the United Faculty of Florida, a statewide faculty union, said that the organization was taking the legislation "very seriously" in light of the strong anti-tenure views expressed by legislators. He said that several Democratic legislators said Monday that they were opposed to the bill, but that the Republicans have sufficient strength to pass the legislation without Democratic support. (The union is affiliated with both the American Federation of Teachers and the National Education Association.)
Mitchell said that the legislation bans the colleges from awarding tenure to anyone who doesn't have it now. He said that while the language suggests an intent to strip tenure from those who currently have it, he believes that the current wording might not do so, because it bans the awarding of any multiyear contracts and doesn't seem to reflect the reality that currently tenured faculty members don't have expiring contracts.
Currently, he said, about 75 percent of full-time faculty members at Florida's colleges have tenure, and the remainder are on the tenure track.
Mitchell stressed that tenure did not mean that faculty members have no accountability. Tenure is awarded after reviews, he said, and procedures are set by the various colleges. "It's not a job for life. It just means that you have a continuing employment contract that requires just cause for termination," he said.
Noting that pay at Florida's colleges already lags the levels of other states, Mitchell quipped that those teaching could carry signs that read: "I'm here for low pay and no job security."
Are there the votes to abolish tenure at the colleges? Mitchell said that given the quiet arrival of the bill, he can't be certain, but added that "I don't think we can underestimate the determination to bust up tenure, the unions and hurt the teaching profession." (Separate legislation in Florida may threaten those faculty unions that do not have 50 percent of eligible members enrolled.)
— Scott Jaschik
Sunday, April 3, 2011
The End of Tenure? ACTION REQUIRED!
Now that the Governor and Legislature have created a law that stripped K-12 teachers of their continuing contracts and due process rights they are now turning their attention to doing the same to college faculty.
PCB KCOS 11-03 (click to view bill) Florida College System institution: The bill discontinues the award of tenure, multi-year contracts, and continuing contracts for all personnel of Florida College System (FCS) institutions as of July 1, 2011, except for the president of the institution. The bill prohibits the renewal, extension, or re-adoption of such contracts in effect prior to July 1, 2011; however, the board of trustees of an FCS institution (FCS BOT) may award these personnel annual contracts.
Please contact legislators today to speak out against this bill!
PCB KCOS 11-03 (click to view bill) Florida College System institution: The bill discontinues the award of tenure, multi-year contracts, and continuing contracts for all personnel of Florida College System (FCS) institutions as of July 1, 2011, except for the president of the institution. The bill prohibits the renewal, extension, or re-adoption of such contracts in effect prior to July 1, 2011; however, the board of trustees of an FCS institution (FCS BOT) may award these personnel annual contracts.
Please contact legislators today to speak out against this bill!
Proposed Changes to FRS
During the 2010 election, you heard candidates promising not to tax hard working citizens. Well, when they talk about hard working citizens it must not include public employees, because they are going to be taxed to do to fill budget holes.
When discussions began last fall about reforming FRS, we exposed the motivation behind the bill: balancing the state budget.
Now, legislators are no longer pretending. Public education employees are being taxed to run our schools.
The overall cut to education funding is over $1 billion from last year. Let’s break that down into how to zero that billion out:
$500 million through 3% employee contribution to FRS + $450 million through changes to COLA = $950 million
If they close DROP to new members they’ll have another $124 million. If they raise the retirement age that’s another $168 million. Add it all up and you have a balanced budget… without sharing the sacrifice across the voting population… and without enraging the Tea Party.
The Senate position on overall numbers for education reveals a better policy. This is true in both the K-12 sector and the higher education sector. In broad terms, the Senate places more funding in education and criminal justice. The Senate is more aggressive in cutting health care spending. The House spends more in health and human services and general government (roads, environment, etc). While the education spending proposals are fairly close, the overall budgets of the two chambers are farther apart with the Senate spending $3.3 billion more than the House.
House Position
Per Student funding $ 467.13
FRS employee contribution 3%
Total Education Funding $19.8 billion
Total overall funding $66.5 billion
Senate Position
Per Student funding $423.27
FRS employee contribution 3%
Total Education Funding Almost $21 billion
Total overall funding $69.8 billion
FRS pension changes within the budget bills: SB 7094
Here’s Pat Dix’s “down and dirty” summary of the Senate Budget Bill 7094 which will ultimately impact retirement:
1. Requires a 3% employee contribution by all employees, effective July 1, 2011.
2. Provides for the mandatory participation of new hires on or after July 1, 2011 in a defined contribution plan.
3. Vesting for current employees remains at 6 years (no change). For employees hired on or after July 1, 2011 (and will be forced into defined contribution plan), vesting will be phased in at a rate of 20% per year for 5 years (i.e., vesting in the employer share of contributions to the defined contribution plan).
4. Health Insurance Subsidy (HIS):
a. No changes for current employees (vested or not) who are hired before July.
b. No changes for current retirees
c. Continues HIS for new employees hired on or after July 1, 2011 (who will be forced to enroll in the defined contribution plan).
5. Phases out COLA for employees hired on or before June 30, 2011. Changes the COLA formula for FRS pension plan retirements so that service credit for COLA earned on or after July 1, 2011 is excluded. No change for current retirees.
6. Eliminates DROP effective July 1, 2011. No changes for current participants who will be allowed to continue to agreed upon DROP completion (usually 5 years).
7. Changes average final compensation (AFC) for all employees hired on or after July 1, 2011 (and who will be forced into the defined contribution plan) to
a. Eliminate annual leave and sick leave from computation of AFC,
b. Eliminate overtime payments in excess of 300 hours from computation of AFC,
8. Retirement eligibility remains unchanged for current employees. For new employees hired on or after July 1, 2011, retirement eligibility becomes age 62, or 6 or more years of service.
When discussions began last fall about reforming FRS, we exposed the motivation behind the bill: balancing the state budget.
Now, legislators are no longer pretending. Public education employees are being taxed to run our schools.
The overall cut to education funding is over $1 billion from last year. Let’s break that down into how to zero that billion out:
$500 million through 3% employee contribution to FRS + $450 million through changes to COLA = $950 million
If they close DROP to new members they’ll have another $124 million. If they raise the retirement age that’s another $168 million. Add it all up and you have a balanced budget… without sharing the sacrifice across the voting population… and without enraging the Tea Party.
The Senate position on overall numbers for education reveals a better policy. This is true in both the K-12 sector and the higher education sector. In broad terms, the Senate places more funding in education and criminal justice. The Senate is more aggressive in cutting health care spending. The House spends more in health and human services and general government (roads, environment, etc). While the education spending proposals are fairly close, the overall budgets of the two chambers are farther apart with the Senate spending $3.3 billion more than the House.
House Position
Per Student funding $ 467.13
FRS employee contribution 3%
Total Education Funding $19.8 billion
Total overall funding $66.5 billion
Senate Position
Per Student funding $423.27
FRS employee contribution 3%
Total Education Funding Almost $21 billion
Total overall funding $69.8 billion
FRS pension changes within the budget bills: SB 7094
Here’s Pat Dix’s “down and dirty” summary of the Senate Budget Bill 7094 which will ultimately impact retirement:
1. Requires a 3% employee contribution by all employees, effective July 1, 2011.
2. Provides for the mandatory participation of new hires on or after July 1, 2011 in a defined contribution plan.
3. Vesting for current employees remains at 6 years (no change). For employees hired on or after July 1, 2011 (and will be forced into defined contribution plan), vesting will be phased in at a rate of 20% per year for 5 years (i.e., vesting in the employer share of contributions to the defined contribution plan).
4. Health Insurance Subsidy (HIS):
a. No changes for current employees (vested or not) who are hired before July.
b. No changes for current retirees
c. Continues HIS for new employees hired on or after July 1, 2011 (who will be forced to enroll in the defined contribution plan).
5. Phases out COLA for employees hired on or before June 30, 2011. Changes the COLA formula for FRS pension plan retirements so that service credit for COLA earned on or after July 1, 2011 is excluded. No change for current retirees.
6. Eliminates DROP effective July 1, 2011. No changes for current participants who will be allowed to continue to agreed upon DROP completion (usually 5 years).
7. Changes average final compensation (AFC) for all employees hired on or after July 1, 2011 (and who will be forced into the defined contribution plan) to
a. Eliminate annual leave and sick leave from computation of AFC,
b. Eliminate overtime payments in excess of 300 hours from computation of AFC,
8. Retirement eligibility remains unchanged for current employees. For new employees hired on or after July 1, 2011, retirement eligibility becomes age 62, or 6 or more years of service.
FEA Frontline Report: April 1
“These are not textbook discussions—your decisions impact our lives… you are cutting the salaries of all public service workers by 3%...that’s less money to buy milk, groceries, gas, clothing…the ripple effects of this cut will impact the economic recovery of this state and not in a good way… We don’t make much money while we are working and now you want us to be poor until the day we die.” FEA President Andy Ford’s remarks to the Senate Budget Committee as they embarked on the 2011-12 Budget process.
Senate and House budgets
Yesterday, the Senate Budget Committee passed SB 7084 – the General Appropriations Act for 2011-12. The next stop will be the full Senate – which we believe will be around April 6. We will begin to see amendments filed within the next few days.
Budget conforming bills were heard and passed by the Budget committees this past Thursday and Friday (March 31 and April 1). The conforming bill which contains “reforms” to the Florida Retirement System is SB 7094. Remember: SB 1130 is no longer the bill to track for future changes to the FRS. The conforming bills will be amended once they are placed on the full Senate agenda next week. We’ll be working closely with legislators over the weekend and all next week to improve these bills.
The House retirement bill HB 1405 by Rep. Workman has been placed on the House Special Order calendar for Wednesday, April 6. That means the sponsor will introduce the bill to the full House, explain the bill, and then take questions from other members of the House.
All of these bills will go through significant changes during the next weeks. We’ll call this period the time of budget bill flux – it is too early in the process to predict the outcome. It is NOT too early to contact your legislators about your concerns!
Senate and House budgets
Yesterday, the Senate Budget Committee passed SB 7084 – the General Appropriations Act for 2011-12. The next stop will be the full Senate – which we believe will be around April 6. We will begin to see amendments filed within the next few days.
Budget conforming bills were heard and passed by the Budget committees this past Thursday and Friday (March 31 and April 1). The conforming bill which contains “reforms” to the Florida Retirement System is SB 7094. Remember: SB 1130 is no longer the bill to track for future changes to the FRS. The conforming bills will be amended once they are placed on the full Senate agenda next week. We’ll be working closely with legislators over the weekend and all next week to improve these bills.
The House retirement bill HB 1405 by Rep. Workman has been placed on the House Special Order calendar for Wednesday, April 6. That means the sponsor will introduce the bill to the full House, explain the bill, and then take questions from other members of the House.
All of these bills will go through significant changes during the next weeks. We’ll call this period the time of budget bill flux – it is too early in the process to predict the outcome. It is NOT too early to contact your legislators about your concerns!
We Are One Rally: April 4
On Apri 4, 1968, Dr. Martin Luther King Jr. was assassinated in Memphis, where he had gone to stand with sanitation workers demanding their dream: the right to bargain collectively for a voice at work and a better life.
Today, that same demand is electrifying people across America. It’s the demand of all people– black, white, Latino, and Asian-American: the right to join together for our common dreams.
JOIN US TO MAKE APRIL 4, 2011, AND THE DAYS SURROUNDING IT A TIME TO STAND IN SOLIDARITY with working people in Florida, Wisconsin, Ohio and dozens of other states where well-funded, right-wing corporate politicians are trying to take away the rights Dr. King gave his life for. It’s a time to show movement. A time to be creative, but clear: We are one.
WHERE: Martin Luther King Jr. Plaza Downtown Pensacola
WHEN: APRIL 4 from 4:00 P.M. to 5:30 P.M.
Today, that same demand is electrifying people across America. It’s the demand of all people– black, white, Latino, and Asian-American: the right to join together for our common dreams.
JOIN US TO MAKE APRIL 4, 2011, AND THE DAYS SURROUNDING IT A TIME TO STAND IN SOLIDARITY with working people in Florida, Wisconsin, Ohio and dozens of other states where well-funded, right-wing corporate politicians are trying to take away the rights Dr. King gave his life for. It’s a time to show movement. A time to be creative, but clear: We are one.
WHERE: Martin Luther King Jr. Plaza Downtown Pensacola
WHEN: APRIL 4 from 4:00 P.M. to 5:30 P.M.
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