are pasted in below. I've done some highlighting. If you haven't been to the post called JON FERNANDEZ' EPIPHANY , you can start there. Scroll to the bottom here and you'd find the top secret document referred to in JON FERNANDEZ' EPIPHANY
Robert,
James Lujan gets it. Pursuant to the Organic Act as implemented by the Every Child Act your 31,000 kids come first.
Several documents make it clear that James is right. Those documents can be viewed at https://frombob.blogspot.com/2018/03/the-super-jon-every-child-file-cabinet.html
March 5, 2018
Subject: AN OPEN LETTER TO JON FERNANDEZ
Re: The Every Child Is Entitled To An Adequate Public Education Act[1] (PL 28-45)
Dear Superintendent Fernandez:
Yours is a legal, moral and ethical duty to see that every child gets that adequate education. Yours is not to shrink from your duty while mouthing empty rhetoric about “financial crisis.[2]” Here’s a quote from the PDN for March 1:
“Fernandez said the department has also looked at whether … the Legislature could temporarily suspend the requirements of theAdequate Education Act while the government of Guam is still dealing with a financial crisis brought by a federal tax reform law.[3]”
This is shocking! As the Superintendent of Education, it’s unfathomable that you would not vigorously oppose such a suspension much less advocate it!
Here’s § 20 of the Every Child Act:
“Section 20. Duties of the Superintendent. 17 GCA §3103(j) is hereby amended to read: "(j) to perform other duties as may be required by public law to provide an adequate public educational system; and[4]”
(Cf. 7 GCA § 20302 & 7 GCA § 11311 (d))[5]
What’s the policy of the law? § 2 of the Every Child Act:
“Section 2. Declaration of Policy. I LiheslaturanGuåhan declares that the education of our children is the top priority of our government. The resources of the government must first be directed toward providing an adequate public educational system.”
How about the Organic Act?
“…I Liheslatura (the Legislature) finds that the Organic Act requires the government of Guamto provide an adequate system of public education. The Organic Act Bill of Rights mandates compulsory education for children between six (6) and sixteen (16). The interplay of these provisions creates a right to an adequate public education for children that is analogous to a constitutional civil right…” § 3 of the Every Child Act
For the Legislature—
“Every Child Act Section 13. Department of Education Appropriation. I Liheslaturan Guåhan shall annually appropriate from the General Fund or any other funds determined to be appropriate by I Liheslaturan Guåhan to the Guam Public School System all amounts necessary to provide an adequate public educational system as required by Section 29(b) of the Organic Act, as amended, and to that end provide an adequate Public Education for all Public School students as those terms are defined in 1 GCA § 715.”
There's a lot more but you can find it in the THE SUPER. JON--EVERY CHILD FILE CABINET.
_________________________________________________________
Set out below are are current articles from PNC News and the PDN. A quote attributed to you is quite troubling. And it's especially troubling when considered in the light of the powers that you have per the Organic Act as implemented by the Every Child Act. Robert, you are quoted thusly:
Dysfunctional. One of the attachments is a letter to the Superintendent. Here's 5. from that letter: If 5. supra, is correct for the Superintendent, it's true in spades for a board member. A board member's charter doesn't extend to picking fights with another branch of government--likewise tax policy. The Every Child Act is clear on your duties which don't include formulation of tax policy.
And from the PDN:
Jon Fernandez knows better than this from my letter of March 5 and from reading his own Letter to Governor. And 4. from the attachment:
In the attachment I stated:
I now need to repeat what I've already had to say too many times:
But this time it's a little different: Bob | ||
Subject: AN OPEN LETTER TO JON FERNANDEZ
Re: The Every Child Is
Entitled To An Adequate Public Education Act[1]
(PL 28-45)
Dear Superintendent
Fernandez :
Yours
is a legal, moral and ethical duty to see that every child gets that adequate
education. Yours is not to shrink from your duty while mouthing empty rhetoric
about “financial crisis.[2]” Here’s a quote from the PDN for March 1:
“Fernandez
said the department has also looked at whether … the Legislature could
temporarily suspend the requirements
of the Adequate Education Act while
the government of Guam is still dealing with a
financial crisis brought by a federal tax reform law.[3]”
This
is shocking! As the Superintendent of Education, it’s unfathomable that you
would not vigorously oppose such a suspension much less advocate it!
Here’s
§ 20 of the Every Child Act:
“Section 20. Duties of the Superintendent. 17 GCA
§3103(j) is hereby amended to read: "(j) to perform other duties as may be
required by public law to provide an adequate public educational system; and[4]”
(Cf. 7 GCA § 20302 & 7 GCA § 11311
(d))[5]
What’s
the policy of the law? § 2 of the Every Child Act:
“Section 2. Declaration of Policy. I Liheslaturan Guåhan
How
about the Organic Act?
“…I Liheslatura (the Legislature) finds that the
Organic Act requires the government of Guam to
provide an adequate system of public education. The Organic Act Bill of Rights
mandates compulsory education for children between six (6) and sixteen (16).
The interplay of these provisions creates a right to an adequate public education for children that is
analogous to a constitutional civil right…” § 3 of the Every Child Act
For
the Legislature—
“Every Child Act Section 13. Department of Education
Appropriation. I Liheslaturan Guåhan shall annually appropriate from the
General Fund or any other funds determined to be appropriate by I Liheslaturan
Guåhan to the Guam Public School System all
amounts necessary to provide an adequate public educational system as
required by Section 29(b) of the Organic Act, as amended, and to that end provide an adequate Public Education
for all Public School students as those terms are defined in 1 GCA § 715.”
§ 3 of the Every Child Act indicates its
breadth:
***
“Since
the Organic Act assigns the responsibility of providing an adequate public
educational system to the entire government and all government officials, the
scope of the Act is government-wide.[6]”
***
Layoffs
and the “…financial crisis brought
by a federal tax reform law?” You MUST
fight for the rights 32,000 students who are your responsibility. The law is on
your, really the children’s, side:
Ҥ 3220. Construction with Other Laws. Insofar as the
provisions of the Every Child is Entitled to an Adequate Public Education Act
are inconsistent with the provisions
of any other law, the provisions of this Act shall be
controlling…[7]
Mr.
Superintendent, you have the trump card here.
It is extremely disappointing to see that you were so willing to discard
that trump card so quickly. You were quoted:
“Fernandez said
the department has also looked at whether … the Legislature could temporarily suspend the requirements of the Adequate Education Act …”
The
Act listed 14 points as the minimum
necessary for an adequate education.
Would
you have the legislature “temporarily suspend “(12) a healthful, safe, sanitary
learning environment?” Students could
handle an unhealthy, unsafe, unsanitary, environment for how long? “(13) at
least one hundred eighty (180) instructional days…” Can we get by with less? 90 days—what? Teachers
are the sine qua non of any school
system. Would you consider a “(1) a
certified teacher for every class” as just a frill?
Mr.
Superintendent, you must fight to maintain all 14 points. Why run up the white
flag without even entering the battle? The Every Child Act prescribes minimum standards of adequacy. If your for suspending the minimum, what’s
left? You have the legal tools to
comply with the Every Child Act. Public policy as announced in statute and the
Organic Act favors the Act. Ask: Is it ever moral to avoid defending the rights
of children when you have the means to do so?
Mr.
Superintendent, yours is a legal, moral and ethical duty to see that every child
gets an adequate education. Yours is not to shrink from your duty while
mouthing empty rhetoric about “financial crisis.” If you won’t stand up for the kids, how can
we expect others too?
Respectfully submitted,
Original
signed by Robert
Klitzkie
Robert Klitzkie
[1]
The purpose of the Act is to establish minimum,
tangible requirements for an adequate education
[2]
The very design of the Every Child Act is to give it maximum a utility in times
of financial emergency.
[3] Key
points in indented paragraphs are bolded
for easy reading.
[4]
Now at 17 GCA § 3103 (i) reading, “(i) to perform other duties as may be
required by public law to provide an adequate public educational system;”
[5] 7 GCA § 20302. When Injunction May … Be Granted
(d) to bring an action upon
a claim by a public school student for
denial of an adequate public education.
7 GCA § 11311 (d) provides:
“…The lack of funding or failure to
release allotments shall not constitute a defense to claims under this Section
unless the named respondent, before commencement of the
claim under this Section, files an
action to release such funding against the responsible party withholding such funds or allotment.”
[6]
Several sections of the Every Child Act reinforce this provision. § § 5. et seq. emphasize the responsibilities
of respectively the Bureau of Budget and Management Research, Accountable
Officers, the Director of Administration and the Legislature with respect to
providing an adequate education
[7] §
3220. Construction with Other Laws. Insofar as the provisions of the Every
Child is Entitled to an Adequate Public Education Act are inconsistent with the
provisions of any other law, the provisions of this Act shall be controlling;
and in particular but not by way of limitation, except as may be provided in
this Act, no provision of any law shall be applicable to the government of Guam
with respect to the provisions of the Every Child is Entitled to an Adequate
Public Education Act unless I Liheslatura (the Legislature) shall specifically
so state. SOURCE: Added by P.L. 28-045:22 (June 6, 2005) as new § 3210.
Codified by Compiler as § 3220 because a § 3210 already existed.”
_________________________________________________________________________________
Letter to Governor
_________________________________________________________________________________
Letter to Governor
_________________________________________________________________________________
March 18, 2018
Re: The Every Child Act PL
Dear
Superintendent Fernandez:
I note and
comment on several observations concerning the referenced subject:
1. Your public statements: “Fernandez said the
department has also looked at whether … the Legislature could temporarily
suspend the requirements of the Adequate
Education Act while the government
of Guam is still dealing with a financial
crisis brought by a federal tax reform law.”[1]
“I think it
is worth asking the Legislature to suspend the Adequate Education Act.”[2]
2. My Sunshine Law request of March 13: Item
5 reads: “Announcements, letters, news releases, memoranda or any other
communication describing how you will require compliance with the Every Child
Act.”
Your response was a single page
announcement dated May 22, 2015 entitled: REMINDER – HALF DAY SCHEDULED FOR MAY
27. The only reference to the Act reads in pertinent part: “…while meeting the
required 180 of instruction in Public Law 28-85.” One sentence during your
entire time as superintendent!
3. Chats with a couple members at the board
meeting of March 13: a lack of awareness.
4. Your letters to the Governor and Speaker
on March 14. Both letters contained language citing to § 15[3]
of the Act which reads:
“The lack of funding or failure to release allotments
shall not constitute a defense to claims under this Section unless the named
respondent, before commencement of the claim under this Section, files an
action to release such funding against the responsible party withholding such
funds or allotments.
In the event that a student brought suit because of the failure to
comply with points 1 through 13 of the Act, the “named respondent” would most likely
be you. In other words § 15 allows you to file suit. Your letters reflect on the operation of § 15 but in the absence of commitment on your part the average
reader sees little more than an academic parsing of a statute.
5. Your devotion to tax policy rather than
education policy: Your appearances at the Legislature and the public posture
that you struck left the impression that a tax increase was your priority
rather than the priority established by the Act.
Given the above, it’s possible to conclude that that until you
sent your letters to the Governor and the Speaker you were either unaware of,
or chose not to employ, the powers and remedies available to you pursuant to
the Act. The Board also appears to be
unaware.
On the 13th the Board adopted a five page resolution,
(which has not been made available to the public) delegating authority to you
to take several draconian measures, e.g.
32 hour weeks for employees, no school till October,[5] etc. these measures were
in addition your earlier announcements that no books[6] would be purchased for
next year and substitutes teachers[7] would no longer be
employed.
During deliberation on the resolution not a word was said about
the Act, its requirements or your remedies. The phrase, “we’re considering all
options” was frequently heard. But of course the Board couldn’t consider the
options it was unaware of.
As per my letter of March 5 there are powerful tools available to
you. It may not even been necessary for the Board to give you the go ahead to
use those powers. Because of those powers, I respectfully suggest that it’s
time to totally abandon the idea that you have expressed thusly, on two
occasions: “I think it is worth
asking the Legislature to suspend the Adequate Education Act.”[8]
It might be well if Board members were “up to speed” on the Act. A
good start would be to provide each a copy of my letter to you of March 5.
While familiarity with the Act is important for all Board members, I submit
that it’s crucial for Ernie Samelo, the student member. The benefactors
and enforcers of the Act are the students. The raison
d'ê·tre for
the Act was situations like the one the government is facing now. The Act
stands as a bulwark against those who would treat the education of our youth as
less important than the welfare of the rest of the government.
In
closing, I once again urge you to be the champion of your students. As per mine
of March 5:
“Mr.
Superintendent, if you won’t stand up for the kids, how can we expect others
too?”
Respectfully
submitted,
Original
signed by Robert Klitzkie
Robert
Klitzkie
P.S.
This letter is a Sunshine Law request for the resolution adopted by the Board
at its meeting on March 13.
[1] PDN of
March 1.
[2] Your
letters to the Governor and Speaker of March 14.
[3] § 15 is now codified at 7 GCA § 11311 (d) provides: “…The lack of funding or failure to release
allotments shall not constitute a defense to claims under this Section unless the named
respondent, before commencement of the claim under this Section,
files an action to release such funding
against the responsible party
withholding such funds or allotment.”
[4] The
final paragraph of § 15 was not part
of the bill as introduced.. It was added
on the floor by then-Senator Eddie Calvo.
[5] Every
Child 14 points #13
[6] Every
Child 14 points #10
[7] Every
Child 14 points #1
[8] See footnotes 1 &2.
DEPARTMENT OF EDUCATION PUBLIC INFORMATION OFFICER www.gdoe.net
500 Mariner Avenue Barrigada, Guam 96913 Telephone: (671) 300-1677Fax: (671)472-5001 Email: ijbbaza@gdoe.net
ISA J. B. BAZAPublic Information Officer March 14,
JON J. P. FERNANDEZ Superintendent of Education
2018
FOR IMMEDIATE RELEASE
SUPERINTENDENT URGES ELECTED LEADERS TO FOLLOW THE
ADEQUATE EDUCATION LAW
Without a revenue solution from elected leaders, the Guam Department of Education will have
difficulty complying with Public Law 28-45, also known as the “Every Child is Entitled to an
Adequate Public Education Act”.
On Wednesday, the Superintendent of Education wrote a letter to the Governor and Speaker of
the Guam Legislature seeking resolution to the budgetary situation impacting the GDOE.
He indicated that without a revenue solution, the next round of budget cuts at GDOE – including
a hiring freeze on all vacancies, significant reductions in the availability of on-call substitute
teachers, freezing of salary increments, shutdown of facilities after instructional hours and over
the summer, delay of the 2018-2019 school year until October 1, and a 32-hour work week -
could put the department in jeopardy of violating the law.
Public Law 28-45 sets forth 14 points that establish minimum requirements for the public education system on Guam, as well as requirements for the Bureau of Budget Management Research, Department of Administration, and Guam Legislature. The law also provides standing for a public school student to file a lawsuit against the government of Guam for injunctive relief to ensure the enforcement and fulfillment of the law’s mandates. “In review of these duties and in light of our annual requests to the Guam Legislature for a budget to meet the mandates of Public Law 28-45, I believe we have done our best to work within our annual appropriation to meet the law’s mandates and fulfill our department’s mission to educate our 31,000 students each year,”
GDOE Superintendent Jon Fernandez said. “However, given the budget reductions that we are being forced to take and the inaction to date on providing revenue relief to the department, our ability to meet the requirements of Public Law 28-45 is being threatened.” “I believe that this requires that, in my role, I apprise the Legislature and Governor – to include all relevant agencies – of the situation that the department faces in meeting the mandates set forth in law and request your assistance in providing immediate relief,”
Fernandez added. “I am requesting the Legislature and Governor provide immediate relief to the Guam Department of Education to alleviate further budget cuts to our public school system, avoid disruption of our school year and activities, support our efforts to improve our facilities and services for stakeholders, and avoid the furloughing of GDOE employees.”
Public Law 28-45 sets forth 14 points that establish minimum requirements for the public education system on Guam, as well as requirements for the Bureau of Budget Management Research, Department of Administration, and Guam Legislature. The law also provides standing for a public school student to file a lawsuit against the government of Guam for injunctive relief to ensure the enforcement and fulfillment of the law’s mandates. “In review of these duties and in light of our annual requests to the Guam Legislature for a budget to meet the mandates of Public Law 28-45, I believe we have done our best to work within our annual appropriation to meet the law’s mandates and fulfill our department’s mission to educate our 31,000 students each year,”
GDOE Superintendent Jon Fernandez said. “However, given the budget reductions that we are being forced to take and the inaction to date on providing revenue relief to the department, our ability to meet the requirements of Public Law 28-45 is being threatened.” “I believe that this requires that, in my role, I apprise the Legislature and Governor – to include all relevant agencies – of the situation that the department faces in meeting the mandates set forth in law and request your assistance in providing immediate relief,”
Fernandez added. “I am requesting the Legislature and Governor provide immediate relief to the Guam Department of Education to alleviate further budget cuts to our public school system, avoid disruption of our school year and activities, support our efforts to improve our facilities and services for stakeholders, and avoid the furloughing of GDOE employees.”
---END OF STATEMENT---______________________________________________________
Guam
law provides that a student or parent representing a public school student may
bring a lawsuit over the government's failure to provide an adequate education,
but not for money damages.
RESOLUTION TO AFFIRM THE GUAM
DEPARTMENT OF EDUCATION'S AUSTERITY MEASURES AND BUDGETARY CUTS IN RESPONSE TO
ANTICIPATED REVENUE LOSSES
UNDER THE TAX CUTS & JOBS ACT OF 2017 AND
TO AUTHORIZE THE SUPERINTENDENT TO INITIATE THE FURLOUGH
PROCESS FOR EMPLOYEES AND TO COMMENCE PLANNING
FOR A DELAYED 2018-2019 SCHOOL YEAR START ON OCTOBER 1, 2018, IN LIGHT
OF THE IMPACT OF THE CURRENT BUDGETARY CRISIS
DULY AND
REGULARLY ADOPTED THIS 131b DAY
OF MARCH, 2018.
Post 21 march O'Connor
Suit can ensure compliance with adequate
education law | Guam News | postguam.com
The
government of Guam may be opening itself to a
lawsuit if budget cuts hamper the Guam Department of Education's ability to
provide adequate education as required by law, an expert familiar with the
issue said.
Former
Sen. Bob Klitzkie, author of Guam 's Adequate
Education Act, stated the law bars using
the lack of funding or failure to release allotments as a defense against
claims under the law, unless the respondent – likely the superintendent – acts to seek the
release of funding against parties responsible for withholding funds.
This
means GovGuam and GDOE Superintendent Jon Fernandez may be at the receiving end
of a lawsuit of this type – and a lack of funding cannot be used as a
defense.
"That
gives (Fernandez) the ability to sue at least the director of the Bureau of Budget and Management Research or the
director of the Department of Administration and arguably, the governor and
maybe beyond that," Klitzkie told The Guam Daily Post.
This
provision, which directs the superintendent or another respondent to sue other
areas of government, was not part of the original Adequate Education Act,
Klitzkie stated.
It
was added as an amendment during the bill's discussion by then-Sen. Eddie
Calvo, the current governor, Klitzkie said.
Support
for the adequate education law, enacted as Public Law 28-45, was unanimous,
with the exclusion of then-Sen. Larry Kasperbauer, who was absent from voting.
Several
of today's gubernatorial candidates also gave the adequate education law the
green light, including Sen. Frank Aguon Jr. and then-Sens. Lourdes Leon
Guerrero and Ray Tenorio, the current lieutenant governor.
Klitzkie,
on March 13, asked to inspect GDOE documents related to salary increases
related to employees making $100,000 or more, as well as announcements or
letters describing Fernandez's responsibility pursuant to the adequate education
law.
Notice
to leaders
On
March 14, in response to potential additional austerity measures and with
knowledge of a student's standing to sue GovGuam for failure to adhere to the
adequate education law, Fernandez wrote
to Gov. Eddie Calvo and Speaker Benjamin Cruz.
"I
apprise the Legislature and the governor – including all relevant
agencies – of the situation that the department faces in meeting mandates
set forth in law," he added.
A
new bill was passed recently by the Legislature, promising additional
revenue in the form of a new tax. GDOE has announced it would suspend
additional austerity measures in light of the new legislation.
The
department had been asked to cut about $19.6 million from its budget.
But
GDOE consistently has been denied its total funding request, often receiving
about 80 percent of the nearly $300 million it has sought annually in recent
years. The funding shortfall has affected the department's ability to renovate
and repair schools, as well as timely purchase materials such as textbooks,
which are among mandates under the Adequate Education Act.
Klitzkie
sought to inspect the documents after hearing that Fernandez spoke about possibly asking the Legislature to suspend the
adequate education law during a budget-cuts meeting with stakeholders –
something that was stated facetiously,
according to the superintendent.
"I
did pull up the law and (Klitzkie's) right," Fernandez said. "It
informs ... our duties and responsibilities, and created standing for a public
school student to file a lawsuit against the government to enforce that
act."
'The
cash flow we need'
The
superintendent said he became concerned that Klitzkie might have been preparing
a lawsuit and sent notices to the governor and Legislature to remind them of
their obligations. This was not a legal action, according to Fernandez.
While
additional austerity measures were suspended with a new tax bill, GDOE has
maintained its initial cost-cutting measures.
"We're
going to go to the governor to ensure we have the cash flow we need to make
sure we don't have to dig deep and start hurting personnel, and cutting school
hours and delaying the school year and limiting the 180 days of instruction
we're supposed to be providing," Fernandez said.
He
said that, as of March 16, he had not received a response.
_____________________________________________________________________
Here's the top secret document. It's the resolution adopted by the Board of Ed. March 13. The Board has not as yet published this document. The format screwed up but it's here.
RESOLUTION TO AFFIRM THE GUAM
DEPARTMENT OF EDUCATION'S AUSTERITY MEASURES AND BUDGETARY CUTS IN RESPONSE TO
ANTICIPATED REVENUE LOSSES
UNDER THE TAX CUTS & JOBS ACT OF 2017 AND
TO AUTHORIZE THE SUPERINTENDENT TO INITIATE THE FURLOUGH
PROCESS FOR EMPLOYEES AND TO COMMENCE PLANNING
FOR A DELAYED 2018-2019 SCHOOL YEAR START ON OCTOBER 1, 2018, IN LIGHT
OF THE IMPACT OF THE CURRENT BUDGETARY CRISIS
1
WHEREAS,
on January 23, 2018,
the Bureau of Budget & Management Research
2
(BBMR), after conferring with the Governor and his fiscal
team, is
ued
Circular 18-04
regarding
3
pro-rata cash reductions in Fiscal Year (FY) 2018
appropriations for all agencies, beginning in
4
February, to offset projected General Fund (GF) revenue
losses ($47.9M in FY20l8 and $66.IM
5
in FY2019) due to the federal Tax Cuts and Jobs Act (TCJA)
of 2017; and
6
WHEREAS,
on January 24, 2018,
BBMR Memorandum FY2018 General Fund
7
Appropriation
Reductions - Tax Cuts and Jobs Act of
2017 identified the
Guam Department of
8
Education (GDOE)
pro-rata share of
reductions in GF revenue losses
in the amount of$ l 9.6M
9
for FY2018 and requested a written plan that outlines
how GDOE will meet its revised GF levels
10
(allotments) to include both cost cutting and revenue
enhancements; and
11
WHEREAS, on February
5, 2018, BBMR issued Circular 18-05 announcing
12
government-wide enforcement of cost cutting provisions as
contained in Executive Order 2012-
13
01
and the coordination of BBMR allotment controls with the Department of Administration
14
relative
to cash disbursements of FY20 J 8 appropriations; and
15
WHEREAS, on February 6, 2018, the Superintendent of
Education apprised all GDOE
16
employees and the Guam Education Board (GEB) of decisions
to effectuate a number of
17
immediate Cost Containment and Austerity Measures (in
compliance with Executive Order
18
2012-01) and further outlined a process for implementing
reductions to include input from
19
employees, students, educational stakeholders and
partners, and the general public and for
20
prioritization and mitigation of reductions, wherever
possible, to avoid impacting students and
21
classroom
instruction;
and
22
WHEREAS, four Community Outreach Sessions (Merizo Martyrs Memorial
23
Elementary, Agueda Johnston Middle, Liguan Elementary,
B.P. Carbullido Elementary) were
24
conducted by the GEB Finance Committee between February 21
to March 6, 2018, for the
25
purpose of informing
and engaging stakeholders and the public at large on the impacts of the
26
TCJA, collecting public input and discussing how best the
department may be able to further
27
reduce the costs of operations and prioritize GDOE's core
educational mission in a prolonged
28
and uncertain budgetary environment; and
29
WHEREAS, over this same period, a number of Bills have been introduced
at the
30
request of the Governor
and by members of the Guam
Legislature, to either increase
or create
31
taxes or to
implement other measures
in response to
the revenue shortfalls;
and the GEB
32
Chairman, other GEB members, and the GDOE Superintendent
have provided testimony and
33
otherwise
participated and advocated for the fiscal needs of the department in numerous
GUAM EDUCATION BOARD RESOLUTION NO.
2018-004
Page 2 of 3
1
Legislative Special Sessions and public hearings to
facilitate a timely and meaningful
2
government-wide response to address the financial crisis; and
3
WHEREAS,
the ability for the
Legislature and the Governor to offset the impact of the
4
TCJA on FYJ8 GF appropriations with expenditure reductions
or revenue enhancements is
5
reduced with each passing day; and
6
WHEREAS, the Superintendent has advised the GEB,
during the March 9, 2018, work
7
session, in order to meet the reductions mandated by BBMR,
additional cost cutting initiatives
8
that
will affect students and classroom instruction must be implemented as the re ult of current
9
GDOE
expenditure reductions and that revenue enhancement initiatives will not be sufficient;
10
and
11
WHEREAS, on February 28, 2018, the Governor of Guam
issued Executive Order No.
12
2018-03
mandating a 32-hour workweek be implemented effective March 6, 2018, in all
13
Executive Branch departments, agencies and offices funded
or partially funded by the General
14
Fund, with the exception of the Guam Memorial Hospital
Authority and certain federally funded
15
positions. However, pursuant to the Attorney General's
Office (AGO) of
Guam March I, 2018
16
opinion Ref. No. DOA. J8-0085, the Executive Order was
only enforceable in that the Governor
17
has the authority to implement a furlough program across
the government of Guam provided the
18
due process, proper
notice to employees, and
other procedural requirements
of agencies are
19
complied
with; and
20
WHEREAS, subsequently on March 2, 2018,
the Governor issued Executive
Order No.
21
2018-04, ordering the Department of Administration to
begin furlough and layoff procedures
to
22
be applied to all departments, bureaus or agencies,
including autonomous and
semi-autonomous
23
agencies or instrumentalities of the Executive Branch and
inclusive of fully and partially
24
federally
funded
positions. On March 7, 2018, the AGO of Guam provided an additional
25
Information & Guidance Ref No. 18-0090, supporting the
executive order and informing that
26
agencies, including GDOE, would apply their respective
furlough rules and regulations.
27
WHEREAS,
because the Department
of Public Works provides busing services for
28
30,000 students according to the established bell
schedule, the GEB is concerned a 32-hour work
29
week
and the revocation of night differential and overtime pay for DPW bus drivers will
30
negatively impact the scheduled drop off/pick-up times for students creating safety concerns for
31
students at all
levels (Head Start,
Elementary, Middle, and
High) and their
families; the
32
reductions ultimately, impinges and constrains GDOE's
ability to fulfill the mandated 180 days
33
of
instruction; and
34
WHEREAS,
pursuant to Executive
Order 2018-04 and GDOE Personnel Rules and
35
Regulations Appendix H Section 901.13.12, the
Superintendent has requested from the GEB,
36
after setting forth additional plans for reducing
operational expenses to include a
departmental
37
freeze on hiring, the closure of schools after
instructional hours and during the summer, and
the
38
delay of the 2018-19 School Year to October I, for the
authorization to conduct a furlough,
39
applicable
to all GDOE employees regardless of funding source, for a period not to exceed one
40
year
in order to reach the mandated reductions; and
41
NOW
THEREFORE BE IT RESOLVED the GEB
hereby affirms the Superintendent's
42
efforts involving Phase I expenditure reduction efforts and the Superintendent's
43
recommendations
to move forward on effectuating further budgetary reductions and adjustments
44
necessary to sustain and absorb GDOE's pro-rata share of
cuts and,
45
BE IT FURTHER RESOLVED, as the Superintendent has explored
all options to
46
reduce operating costs and those reductions will not total
the mandatory $ I9.6M cuts, the GEB
47
approves the request from the Superintendent to conduct a
furlough applicable to all GDOE
48
employees regardless
of funding source for a period not
to exceed one year. The
r
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GUAM EDUCATION
BOARD RESOLUTION NO. 2018-004
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1
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Page 3 of 3
Su perintendent ' s intention is to issue a notice as required by Executive
Order 2018-04 and
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2
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GDOE Personnel Rules and Regulations ; and
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3
BE IT FURTHER
RESOLVED, that the GEB requests
that the Superintendent work
4
with the Joint Board-Union Calendar Committee to plan for a
delayed start of the 2018-J
9 school
5
year on October
l and to provide a recommendation
to the GEB for its review and action within
6
30 days; and
7
BE IT FURTHER RESOLVED, that the GEB hereby registers its
severe concern with
8
the Governor of Guam and the Legislature regarding the
impact of the aforementioned austerity
9
measures, cost containment, budgetary cuts, and furlough
on GEB and GDOE's mission to the
10
Territory of Guam, and calls on the Governor of Guam and
the Legislature to work together to
11
prioritize education and our schoolchildren of Guam in
reaching
a resolution as soon as possible
12
that
will prevent the need for GDOE to implement
further austerity measures, including the
13
furlough
of GDOE employees; and
14
BE IT FURTHER RESOLVED, that a copy of this Resolution be
transmitted to the
15
Honorable Speaker Benjamin J.F. Cruz, / Mina·
Trentai
Kuattro Na Lihes/aturan Guahan
,
and
16
Chairman of the 34th Guam Legislative Committee on
Appropriations and Adjudication, the
17
Honorable Joe S. San Agustin, Chairman of the 341h Guam Legi lative Committee on Education,
18
Finance and Taxation, the Honorable Governor Edward Baza
Calvo, / Maga lahen Gualum , the
19
Director
of the Department of Public Works, and
all schools and divisions.
DULY AND
REGULARLY ADOPTED THIS 131b DAY
OF MARCH, 2018.
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MARK B. MENDIOLA
Chairman, Guam Education Board
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