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Norwalk: BET On Thin Ice, Seeking BOE Salary Cap


by turfgrrl


December 17th, 2007 · 16 Comments

Last year the BET did an admirable job focusing the BOE on reigning in budget requests and demanding prudent fiscal accounting. This year, the BET has decided that it would know better what the aggregate salary total should be. They are seeking a legal opinion on whether they request is possible. First, from the Hour:

n past years, Board of Estimate members assumed that state law precludes them from exercising line-item control over school spending. The newly found provision within the city charter now gives Board of Estimate Chairman Fred Wilms and another board member pause to ask for a legal opinion.

“The (charter) language seems to state that the Board of Estimate may establish a ceiling for the Board of Education aggregate salaries,” Wilms said. “The question is what is the intent of this language and does it conform with state statute? There’s certainly some questions there for the Corporation Counsel to investigate.”

The Board of Estimate is scheduled to meet tonight. Among the items on its agenda: Submission from Board of Education concerning salaries per City Charter 1-518; and Request Corporation Counsel to render formal legal opinion on City Charter Section 1-518.

Mayor Richard A. Moccia said he has talked to Wilms and Corporation Counsel Robert F. Maslan Jr. about the matter and also wants a “a legal opinion as to exactly what the powers are, and if this BET, or any BET in the future, would be in conflict with state law, if they were try to set the aggregate amount.”
“That is the first step in the process,” Moccia said.

Board of Education spending typically consumes more than half of the city’s annual operating budget. For fiscal year 2007-08, which ends next June 30, the Board of Estimate approved $262.3 million in spending. Of that, $141.5 million is allocated to the Board of Education, according to the Department of Finance.

“We’ve been doing the overall budget for the Board of Education, but the charter section seems to say that we should be saying to the Board of Education, ‘Here’s the total amount you can spend on salaries. Here’s the total amount you can spend on everything,’” said Board of Estimate member Michael W. Lyons, who also wants a legal opinion from the city’s law department.

Lyons said setting the aggregate salaries for Board of Education would not amount to line-item control of the school budget. Rather, it would be limited control of a second line item within the school budget. By contrast, the board has control of hundreds of line items when developing budgets for city departments, he said.

“That charter section does not say we can set individual salaries. That would all be set by collective-bargaining agreements. You can’t call this real line-item control. It would probably tweaking the budget, because we can’t interfere with union contracts,” Lyons said. “It would be a wild overestimate to call this line-item control. It gives you a little bit more tweaking ability.”

Of all the things that the BET should be looking at! There is no business that survives in the world that has the “accountants” dictate a salary cap. Even in football, it’s the owners that collectively set a cap so you don’t have one owner wildly over spending another team resulting in an uncompetitive league.

There are some serious fiscal issues with the way in which Opdahl moves money around the BOE budget. Salaries are pretty straightforward to track. It’s the maintenance, supplies, operations slush funds that Opdahl raids for various nebulous activities. Corda seems unwilling to address this hug problem as of yet. Tomorrow night the BOE finance committee meets. On the agenda is hiring a financial director. The BET should be in support of having a finance director and and the very least demanding that the BOE deliver its monthly operations spending reports to the Mayor and that those reports and the budget meet some standard proforma accounting practices.

Collective bargaining is the point where the labor costs are negotiated and set. Having the BET attempt to revisit the issue, when ultimately nothing can be changed, is purely a political move, and one that will not solve for the complete lack of financial credibility that this BOE has earned. With energy and transportation costs about to hit both the city and the school system in a big way, let’s see some creative thinking on how both can be better managed now and in the next years.

From the Advocate:

s school officials begin another budget season, after one of the most contentious in recent memory, some new Board of Education members are looking to make the process more transparent.

A special board meeting will be held at 6:45 p.m. Tuesday to allow the public to comment on the 2008-09 budget.

The district only recently started compiling figures, but School Superintendent Salvatore Corda already has begun meeting with the board’s Finance Committee, which some candidates in the fall race for the school board said was too hands-off.

The committee’s meeting Monday resulted in an understanding that the budget document should provide more information on where the money goes.

Jack Chiaramonte, who was elected to the school board in November and sits on the Finance Committee, was critical of the process during the campaign. The committee intends to ensure the budget will be written “so any lay person can understand when they read it,” he said.

“The book will be a lot thicker,” Chiaramonte said.

The committee worked to clarify items in the budget that lack an explanation. For example, there were two listings for supplies, Corda said, but it was not clear that one was for custodial supplies and the other for maintenance supplies, such as light bulbs.

“The point I think that became clearer is maybe we need to be more specific,” Corda said. “I think that we’re going to be providing more information and hopefully we’ll get a response on whether or not the changes are useful.”

For the 2007-08 fiscal year, Corda initially proposed a $147.7 million budget, but cut $6.7 million after the Board of Estimate and Taxation limited the increase in the district’s budget to 3.8 percent.

The disparity led to tension, with some residents decrying cuts in education and athletics, and others calling the school budget excessive.

One dispute that likely won’t be settled is the desire of some Board of Education members for the panel to have a finance director. The school district’s chief operating officer now is principally responsible for crafting the budget.

Members have said that when the school board had a finance director, he would meet regularly with the Common Council’s Finance Committee.

source: The Hour, Can tax board set aggregate salary amount for school employees? Matter in hands of city law department, December 17, 2007

source: Officials want to simplify school budget process, By Lisa Chamoff, December 16 2007

Tags: Education

16 Responses so far “Norwalk: BET On Thin Ice, Seeking BOE Salary Cap”



  • 1 Who? Me?? // Dec 17, 2007 at 11:22 am

    The BOE Budget Committee meets tonight, Mon @ 7:30 as well.

  • 2 Fred Wilms // Dec 17, 2007 at 12:48 pm

    Section 1-518 of the City Charter requires the BET to hold a Special Meeting on the third Monday of each December. At that Special Meeting, the Board of Education is required to submit an estimate of the aggregate BoE salaries for the upcoming fiscal year. For that Special Meeting tonight, we have in our packets a letter from Dr. Corda dated December 14, 2007 which gives an estimate of roughly $97.6 million.

    City Charter Sections 1-518 and 1-519 contain additional language which, on their surface, seem to require the BET to take some sort of action on the above estimate.

    The City Charter Sections 1-518 and 1-519 are frankly confusing to read. That is perhaps why this issue was not brought forth in the past.

    So all we are asking is for the Corporation Counsel to take a look at this and straighten it out. If he determines that these sections no longer apply because of state statutes, then we can ignore them going forward.

    As for next year’s school budget,I look forward to attending the BoE budget presentation on January 2 and will listen with an open mind. Hopefully we can work together in a way that protects the taxpayers while also giving the schools the resources they fundamentally need.

  • 3 always watching // Dec 17, 2007 at 12:56 pm

    TURFGRRL I do not agree that the compensation area is not an area worth focusing on. Let’s remember that several years ago, our Common Council rejected a contract negotiated by the BOE and the teacher’s union. When it went to arbitration, the arbitrator ruled that state law prohibited the City from PARTICIPATING in the arbitration and since there was no disagreement between the BOE and the union, the contract stood as submitted.
    Legislation to correct this obvious inequity has been submitted by Representative Cafero for several years, but has gone nowhere because the House Democratic Party Committee Chairman refuses to even hold hearings. When I personally called the Senate Democratic Party Committee Chairwoman to ask her to consider the issue, she turned me over to the union lobbyist. So much for our legislative process.
    Since our Common Council is powerless under the current state law, maybe the BET can exercise some early control on total compensation and affect the BOE and it’s attitude toward the taxpayer’s concerns.

  • 4 Mike Lyons // Dec 17, 2007 at 1:21 pm

    Just to follow-up on Fred’s observations, it isn’t a “purely political move” to follow a requirement of the City Charter (I would say IGNORING it would be more “political”). If the Charter section is valid and requires us to establish the total amount of salaries, then that’s what we should do. As I said in the paper, however, that doesn’t give us the right to violate binding provisions of collective bargaining agreements or to set individual salaries. This is no different, by the way, from the control over TOTAL salaries (NOT individual salaries) that we already exercise over every other City department (without any complaints from any union that we’ve done so improperly). Whatever the law requires here, we will do.

  • 5 Anon // Dec 17, 2007 at 1:58 pm

    C’mon Mike, give us a little more credit for some brains. Everyone knows that the BOE is not subject to the BTE in the same way as other city agencies. We also know that the Corporation Council reports to the mayor, and is not exactly an objective person to consult on this matter. This is a dumb political move on your part. Not that the BOE have been very cooperative in recent years,but it does look like they’re trying to be more cooperative this season.

    Declaring that somehow the law has changed is just asking for a long round of litigation. They are not going to submit to your bluff.

  • 6 Mike Lyons // Dec 17, 2007 at 2:07 pm

    Anon, what would be the “smart” political move? Ignoring the City Charter?

  • 7 dem4life // Dec 17, 2007 at 2:25 pm

    Turfgrrl breaking away from her Republican masters?

  • 8 Anonymous // Dec 17, 2007 at 2:29 pm

    Mike and Fred, why didn’t you bring this up last year?

  • 9 Mike Lyons // Dec 17, 2007 at 4:02 pm

    I DID bring up the existence of the Charter section back then and the Board of Ed did begin filing the salary totals. Quite frankly, I didn’t follow up on the salary APPROVAL process in 1-518 then as we got enmeshed in the overall budget process. The topic came up again this year when Tom Hamilton (Finance Director) reminded the BET members last month about the Charter language, and Fred Wilms asked me what I thought about 1-518 and the other surrounding sections. I looked at them more carefully this year and we decided we really should get a formal opinion on them.

  • 10 Anon // Dec 17, 2007 at 4:43 pm

    MIke, why didn’t you bring it up when you were president of the Council- what was that, 20 years ago? Suddenly there’s a new interpretation of the Charter.

  • 11 Mike Lyons // Dec 17, 2007 at 5:54 pm

    Well, when I was on the Council in the 1980’s the Council had no authority at all over the operating budget (it wasn’t granted that authority until the charter amendment giving the Council cap-setting power was adopted in 1996, long after I had left office), so these charter sections had no relevance to anything I could do as a Councilman. As a Board of Estimate member now, they ARE relevant to my duties, so that’s why I’ve focused on them.

  • 12 turfgrrl // Dec 17, 2007 at 6:19 pm

    First, here’s the relevant language cited by Fred Wilms and Mike Lyons above.


    § 1-518. Submission of amount required for salaries; included in budget submitted; appropriation.
    Said Board of Education shall submit to a special meeting of the Board of Estimate and Taxation, which shall be held on the third Monday of December in each year, an estimate of the amount required for salaries of the Superintendent of Schools and the assistants, principals, teachers, nurses, clerks, janitors and secretary, and the Board of Estimate and Taxation shall consider such estimate, and, on or before the fifteenth day of March next following, shall determine the total amount it will appropriate for such salaries at its annual sessions in March and April. EN If the Board of Education, in any year, by a majority vote, shall consent, such determination of the amount to be appropriated for salary purposes for the next year may be deferred until a date not later than the first Monday of April in such year. If the amount to be appropriated for such salaries has been determined upon, it shall be included by the Board of Education in the budget required to be submitted to the Treasurer of the city annually, but, if such amount has not been determined when such budget shall be submitted, the amount of the estimate submitted to the Board of Estimate and Taxation shall be included in such budget. The amount determined upon by the Board of Estimate and Taxation shall be appropriated by it for school salary purposes at its regular meeting in April.EN (Sp. Laws 1931, No. 315, § 2; Sp. Laws 1933, No. 174; Sp. Laws 1967, No. 197, § 8; Sp. Laws 1969, No. 264, § 3; Charter Amendment 8-17-1976;EN Charter Amendment 8-29-1978.EN)

    § 1-519. Salaries.
    The salaries of all persons appointed by the Board of Education under the provisions of an act concerning the Board of Education of the City of Norwalk, approved April 18, 1929, shall be as fixed by said Board, but the aggregate amount of such salaries, together with the salaries of persons thereafter appointed, shall not exceed the amount determined by the Board of Estimate and Taxation under § 1-518, unless an additional amount shall be appropriated for that purpose. (Sp. Laws 1931, No. 315, § 3.)

  • 13 turfgrrl // Dec 17, 2007 at 6:49 pm

    OK, so my read of the above is simple. In 1-518, in language only a lawyer could love, a bunch of things regarding the submission of the budget by the BOE are set to a timeline and contingencies if real numbers aren’t available. In 1-519, it says that whatever gets approved in 1-518 by the BET shouldn’t be exceeded unless there’s a special appropriation.

    But all this gets superseded by the fact the BOE is a state creation and is subject to all those state rules of which:

    Sec. 10-222. Appropriations and budget. Financial information system. (a) Each local board of education shall prepare an itemized estimate of the cost of maintenance of public schools for the ensuing year and shall submit such estimate to the board of finance in each town or city having a board of finance, to the board of selectmen in each town having no board of finance or otherwise to the authority making appropriations for the school district, not later than two months preceding the annual meeting at which appropriations are to be made. The money appropriated by any municipality for the maintenance of public schools shall be expended by and in the discretion of the board of education. Except as provided in this subsection, any such board may transfer any unexpended or uncontracted-for portion of any appropriation for school purposes to any other item of such itemized estimate. Boards may, by adopting policies and procedures, authorize designated personnel to make limited transfers under emergency circumstances if the urgent need for the transfer prevents the board from meeting in a timely fashion to consider such transfer. All transfers made in such instances shall be announced at the next regularly scheduled meeting of the board. Expenditures by the board of education shall not exceed the appropriation made by the municipality, with such money as may be received from other sources for school purposes. If any occasion arises whereby additional funds are needed by such board, the chairman of such board shall notify the board of finance, board of selectmen or appropriating authority, as the case may be, and shall submit a request for additional funds in the same manner as is provided for departments, boards or agencies of the municipality and no additional funds shall be expended unless such supplemental appropriation shall be granted and no supplemental expenditures shall be made in excess of those granted through the appropriating authority. The annual report of the board of education shall, in accordance with section 10-224, include a summary showing (1) the total cost of the maintenance of schools, (2) the amount received from the state and other sources for the maintenance of schools, and (3) the net cost to the municipality of the maintenance of schools. For purposes of this subsection, “meeting” means a meeting, as defined in section 1-200.

    (b) The Commissioner of Education shall develop a financial information system to assist local and regional boards of education in providing to the State Board of Education budget and year-end expenditure data in conformance with the provisions of section 10-227. The financial information system shall be consistent with regulations concerning guidelines for municipal financial reports adopted by the Secretary of the Office of Policy and Management pursuant to the provisions of section 7-394a.

  • 14 turfgrrl // Dec 17, 2007 at 6:56 pm

    dem4life: Republican masters? How delightfully retro political speakesque. I guess the fax from the evil Republican empire didn’t come through this morning.
  • 15 Mike Lyons // Dec 17, 2007 at 9:47 pm

    Turfie, the 10-222 quote is correct — that’s the general state statute. But these charter sections are ALSO state statutes — they were adopted by the state legislature (re-adopted by the legislature as late as 1969), NOT by local charter amendment. The state legislature can grant a special power to a municipality that may be inconsistent with a general statute, which is what happened in these charter sections. See the State Supreme Court case of “Waterbury Teachers Association vs. Waterbury”, 162 Conn. 390 (1972). We couldn’t adopt a local charter amendment to give this power to the BET; but the state legislature can, and apparently did.

  • 16 Fred Wilms // Dec 18, 2007 at 10:22 am

    Mike’s comment in #15 is key. The Norwalk Charter sections 1-518 and 1-519 are themselves creations of the State. So the conflict is not State vs. City here. Rather the conflict is State vs. State. The Waterbury case seems to suggest that 1-518 and 1-519 might supersede the 10-222 statute that Turfie and everyone else is talking about. While I am not a lawyer, and have no idea what the Corporation Counsel will opine, I believe there is enough of a legal foundation here to take a look.

    At last night’s BET meeting, all 7 members voted Yes to refer this to Corporation Counsel.

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