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Think tank wants teacher-school board talks open to all

Teacher-contract talks could not be closed to public

DENVER - Colorado voters this November will vote on a ballot initiative that would require open meetings for school boards during collective bargaining or employment contract negotiations.

The ballot question was approved by the secretary of state's office Aug. 13 after proponents submitted 129,850 signatures.

Proposition 104 pits a free-market think tank against teachers' unions and school executives, who worry about eroding local control.

Proponents, including Jon Caldara, president of the libertarian-leaning Independence Institute, said the goal of Proposition 104 is simply to shine a light on teachers' contract negotiations.

“The people in the smoky backrooms don't want those doors open, and really, this is just about getting some sunshine into the most important process that any school board does,” Caldara said.

Tensions between school boards and teachers' unions escalated after a slant to the right on school boards in Douglas and Jefferson counties. Douglas County used executive sessions to conduct closed meetings.

Some of those tensions spilled into the General Assembly this year where lawmakers attempted to address the issue.

House Bill 1110 would have required boards to record all executive sessions, or meetings conducted with attorneys present. But lawmakers instead opted for a second watered-down measure, Senate Bill 182, that was signed by the governor and requires logs of subjects discussed during executive sessions, but imposes no recording mandates.

“Politicians don't like transparency, and that's why we have the initiative process,” said Caldara.

He pointed out that teachers' union contracts make up the bulk of school budgets.

“Not having those negotiations open to the public would be akin to the Joint Budget Committee fighting over the state budget in a smoky back room. Nobody would have it ...” Caldara said.

Operating as Sunshine on Government, proponents are just beginning to raise money after the signature-gathering process.

But teachers' unions and school board executives worry about interfering with the collective-bargaining process, while also diminishing local control.

One fear is that too much public information could result in negotiating through the media and the public, which might complicate the process. Another concern is taking away a local district's ability to determine best practices.

Colorado Education Association, which represents teachers across the state, announced June 7 that it would oppose the initiative.

The opposition campaign, Local Schools, Local Choices, started with a $10,000 contribution from CEA.

“This initiative goes beyond simple bargaining sessions,” read part of a communication that went out to CEA leaders and staff announcing the opposition. “CEA is opposed ... because locals and their own school board should determine the best way to handle bargaining in their school district.”

The Colorado Association of School Boards has yet to vote on the proposed initiative. The earliest they would take a position is September.

The Colorado Association of School Executives, or CASE, also has not taken a vote on the proposal. They plan to take a position in September. But Bruce Caughey, executive director of CASE, said his members are already expressing concerns.

“This measure is a one-size-fits-all state measure, and it doesn't take into account community priorities or any characteristics of school districts,” Caughey said.

School executives worry about unfunded mandates as well. Caughey said the initiative could result in costly lawsuits and compliance mandates that drain budgets at a time when schools continue to recover from $1 billion in cuts.

“If you start talking about taking money away from already-strained school budgets, taking money away from classrooms, that's a bad thing,” Caughey said.

Durango School District 9-R did not immediately return a request by The Durango Herald for comment on the ballot question.

For his part, Caldara said the only people who could possibly be against the measure are people who have something to hide.

“The people who now are in the smoky backroom, I would be very surprised if they don't oppose this,” Caldara said. “Why would anyone in that room want the doors to be unlocked?”

pmarcus@durangoherald.com



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