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SPECIAL MAGISTRATE ROBERT B. HOFFMAN - RECOMMENDED DECISION PERC CASE NO. SM 2016-027
FEBRUARY 22, 2017
On the Resolution of the Issues at Impasse
“Any recommendation made from the Special Magistrate process comes from a consideration of the factors deemed relevant by the Florida legislature. Section 447.405, Florida Statutes sets the standard for rendering the recommended decision as a "just settlement." In School District of Manatee County and Manatee Education Association, SM-2011-091, this Special Magistrate stated: “The overall SM scheme provides latitude within this statutory framework for the Special Magistrate to weigh the significance of statutory factors and then reach a conclusion that reflects a fair and reasonable recommendation of the impasse issues. It is not a gathering of points for winning each factor. Rather it is a consideration of which factor or factors should be decisive when examining the overall issue for these parties.”
Recommendation on the Issue of Salary Schedule Adjustments
“The District makes a good case for not paying any more than it allocated in the TA. But a “just” settlement more so favors MEA’s proposal and is so recommended, including retroactivity, as being favorable for the interest and welfare of the County’s citizens… ”
Recommendation on the Issue of Health Insurance Premiums
“Critical to this impasse is finding a solution that would end the impasse and yet still be a just settlement for both parties, one that fulfills the District’s obligation to make sure its generated resources are not over spent and at the same time is one that remains “adequate” and fair for the teachers. This one issue appears to be the stumbling block to ratification and thus needs to be looked at closely.”
“…the Special Magistrate recommends the Board adopt the MEA proposal as the fair and just settlement for this critical impasse issue, including retroactivity, as being favorable for the interest and welfare of the County’s citizens…”
“In all, sufficient evidence exists in this record to recommend that the District has the means to fund this justifiable increase of $$897,660 in its otherwise total projected cost of $52 million, a number that does not change with this MEA proposal.”
Recommendation on the Issue of the Cost of Living Adjustment (COLA)
“The COLA proposal is not recommended. The preference for funding the MEA proposals must go to the salary adjustments and the employee insurance contributions. Finding the means to pay for those two significant impasse issues should not be exacerbated by adding another $1M.”
Recommendation on the Issue of Longevity
“The primary concern, apart from the withdrawal issue, is with finding room for the much larger impact items for salary adjustment and health insurance premiums, which are foremost.”
