Schools pursue court ruling

By John Howell
Posted 7/19/16

School Superintendent Philip Thornton expects the department will be in court this summer to argue it should have the ability to lay off more than 20 teachers because of declining enrollment and school consolidation. But that's not the way

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Schools pursue court ruling

Posted

School Superintendent Philip Thornton expects the department will be in court this summer to argue it should have the ability to lay off more than 20 teachers because of declining enrollment and school consolidation.

But that’s not the way Warwick Teachers Union President Darlene Netcoh sees it following a state Labor Relations Board finding that the teacher contract that expired last August remains in effect until a new agreement is reached. The terms of that contract limits teacher layoffs to 20 a year.

When the school budget was drafted this spring, Thornton projected 64 teacher layoffs. Notices were issued. But as of Monday, as a result of retirements and departures, the number of layoffs has declined to 29, and there is an outside chance the actual number will come in close to 20.

Even so, the department is looking for a court ruling to affirm its contention that without a contract, and because of consolidation it should have the authority to take action. Netcoh questions what Thornton is thinking since the department has withdrawn its motion.

“As the court record states,” reads a union a press release, “this matter came before the Honorable Justice [Bennett] Gallo on June 23, 2016. After chambers conference, the Plaintiff, Warwick School Committee, hereby withdraws its Motion for a Preliminary Injunction without prejudice.”

Thornton responded Friday. He said the department’s request for the motion was withdrawn, but not the complaint.

“This is the same complaint. We will be back in court,” he said. Thornton didn’t have a court date. He expects a hearing where the sides present their arguments to the judge would be held this summer.

“The school committee filed its ‘Complaint for Declaratory and Injunctive Relief’ on May 12, 2016 and withdrew it only a little over a month later. As to either the superintendent’s comment or the Beacon’s misreporting that a hearing will be held later this summer, there are actually no more court dates pending in this matter,” reads the union release.

The union also questions what the department is spending on legal fees and notes that, at recent arbitration sessions, a third lawyer from the law firm Brennan, Recupero, Cascione, Scungio & McAllister LLP was present. Thornton confirmed a third lawyer attended the session, but she is an assistant to one of the two attorneys representing schools and will not result in additional costs.

“Settling a successor agreement to the Collective Bargaining Agreement that expired on August 31, 2015 has been a very expensive process for the Warwick taxpayer. Counting ongoing mediation, ongoing arbitration, various litigations, and other matters, the school committee has spent hundreds of thousands of dollars at the law firm,” reads the union release.

Thornton said Monday that the department spent $187,800 on legal fees other than for special education issues last year. He said he made a comparison of Warwick legal costs with other departments and found it to be in line.

“This is a very small percentage of the $161 million budget,” he said.

Netcoh takes issue with the lawyers.

“The citizens of Warwick elected the members of the Warwick School Committee, not lawyers, to negotiate a contract. The school committee needs to stop shortchanging our students by wastefully spending its resources on legal fees. The only solution is for the members of the school committee to perform their duly-elected duty and conclude an agreement with the Warwick Teachers’ Union,” reads Netcoh’s statement.

Netcoh couldn’t be reached Monday for reaction to Thornton’s comments.

Comments

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  • Imhere

    Imagine how much Warwick would save if the leader of "the cover up crew" resigned. He is to busy to get the teachers a contract but last year the principals get a raise. Some principals do a great job then you have the incompetent John Gannon who was in charge at Norwood Elementary and let four 4th grade girls be inappropriately touched by a child who doesn't even live in Norwood. He said his hands were tied so his boss another waste of tax money Lynn Dambruch was involved and she sat on her hands because the puppeteer Phil Thorton has his puppets under tight wraps. Phil Thorton is an over paid liar and is being exposed for the waste tax money he is, but as soon as this rides over he will go infiltrate another school district. All of "the cover up crew" should turn in resignation papers, Phil Thorton, Lynn Dambruch, and John Gannon sign the dotted line.

    Tuesday, July 19, 2016 Report this

  • richardcorrente

    Dear Dr. Philip Thornton, Superintendent of Warwick Schools,

    I have a great respect for you and I have said so publicly on many occasions verbally and in several writings in the Beacon.

    However, you're focused on the court system and Judge Gallo solving your teacher contract problem and I fear you are missing the bigger picture; the Court of Public Opinion. Even if you win in Superior Court, and I honestly don't think you will, the parents of those children will be against you for many years.

    Please reconsider. The Warwick Teachers Union and Darlene Netcoh have shown the "public" that they are reasonable. The teachers are willing to sit with you and negotiate. You and the other members of the School Committee are stubbornly refusing. In the Court of Public Opinion you lose, and you lose BIG. Parents of our students have long-term memories. Make the magnanimous gesture to sit with Darlene and the Teachers Union and try to work things out and even if you fail you will effectively have created some damage control. Continue down this path and I truly believe it will not turn out well for you and the SC, and I am sure it will cause harm for the most important of us, our students. They have the longest-term memories of us all.

    You still have the ability to fix this Phil. After you walk out of court it will be too late. I'm saying this because I do respect you and I have faith that you will care enough about the students to rethink this.

    Thanks for reading this Phil. I knew you would. Now please pick up the phone and call Darlene.

    Sincerely,

    Richard Corrente

    Endorsed Democrat for Mayor

    Tuesday, July 19, 2016 Report this

  • Thecaptain

    Once again Rick you have missed the boat and the point. In what private sector employment does your contract remain in effect after it has expired? END OF STORY!. Warwick needs to loose all of the 64 teachers immediately. You talk about saving money. How much money would we have saved if the school consolidation went through 2 years ago when it was recommended by the volunteer 25 member committee? But due to the likes of Wilkinson, Travis, and Bachus, it was hijacked, no vote taken by the school committee and then we spent $300K to get the same results that we had for free.

    In addition, the schools are crumbling, the educations is substandard comparatively to the rest of Rhode Island which is also near the bottom of the list in the country. The RI Board of education in Oct. 2014 rated all 40 RI public High schools. Warwick's came in 26, 28 and 32 out of 40, with an average math efficiency of 17% and average science proficiency of 11%. Fire them all. Those facts were cause to me having to spend $120,000 for high school. But its ok, I understand that the acceptance of mediocrity is much easier than providing a solution based on quality and tough decisions. I have no sympathy for the teachers and the substandard education that they provide.

    Tuesday, July 19, 2016 Report this

  • wwkvoter

    If the Captain says that Rick has missed the boat, it must be true. After all the is The Captain!

    Tuesday, July 19, 2016 Report this

  • Stella

    Captain, Public education is not a Business but Testing and College are. Take a look at the profits and tell me this is the way you want to run you local school department. The cost are out of control. Look at student debt, I guess they can pay that right back with the money they will earn working here in RI. Did you ever read the report from SMMA? You could fire all the teachers and it would take more than ten years to fix the many problems. No we did not get the same results that we got for free, the committee just did what they wanted to do in the first place. It seems most of the best colleges are private and very costly. It is easy to get better test scores in the private schools just as in private colleges. Just think you get to pick the All Star team, In general one that has students that come from homes with someone in their corner. Most often with a higher education and better resources. This is just the reality. The best schools make the best community and that means funding at the highest level. Not kicking the can for 30 plus years. It takes an entire community to educate students, and that takes a buy-in from every one including households without children. If the schools fail then the community fails. The money is well spent and the end result are rising property values and stable taxes. The residents should get out to the schools and take a look for yourself and read the entire SMMA report. Then take the time to learn about the testing companies. Our schools are in shambles. Imagine if your local business did not get properly maintained for 50 years. What message are we sending to our students?

    Wednesday, July 20, 2016 Report this