School Administrators v. Waterbury Financial Planning & Assistance Board

885 A.2d 1219, 276 Conn. 355, 2005 Conn. LEXIS 534, 178 L.R.R.M. (BNA) 2883
CourtSupreme Court of Connecticut
DecidedDecember 6, 2005
DocketSC 17304
StatusPublished
Cited by8 cases

This text of 885 A.2d 1219 (School Administrators v. Waterbury Financial Planning & Assistance Board) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
School Administrators v. Waterbury Financial Planning & Assistance Board, 885 A.2d 1219, 276 Conn. 355, 2005 Conn. LEXIS 534, 178 L.R.R.M. (BNA) 2883 (Colo. 2005).

Opinion

Opinion

BORDEN, J.

This appeal involves the intersection of No. 01-1 of the 2001 Special Acts (S.A. 01-1), which was enacted in order to address the fiscal crisis of the city of Waterbury (city), and the Teacher Negotiation Act (teacher act), General Statutes §§ 10-153a through 10-153o, which governs collective bargaining between local or regional boards of education and teachers and school administrators. The plaintiff, School Administrators of Waterbury, appeals from the judgment of the trial court dismissing, for lack of subject matter jurisdiction,1 the plaintiffs action seeking to enjoin the implementation of a binding interest arbitration decision and award (award) issued by the named defendant, the Waterbury financial planning and assistance board (oversight board).2 The trial court dismissed this action because the plaintiff had not timely filed a motion to vacate the award as is required under General Statutes § 10-153f (c) (8) of the teacher act. The plaintiff claims that the court improperly dismissed its action because the award of the oversight board that is at issue was not final and, therefore, the plaintiff could not file a motion to vacate it. Specifically, the plaintiff contends that the [358]*358award was not final because it never had been presented to the board of alderman of the city of Waterbury (board of alderman) for its review and possible rejection, and the award was not sufficiently specific to satisfy the finality requirement of § 10-153Í (c) (8). We disagree and, accordingly, we affirm the judgment of the trial court.

The oversight board issued the award regarding a wage reopener in a collective bargaining agreement between the plaintiff and the defendant board of education of the city of Waterbury (board of education). The plaintiff brought this action for injunctive relief against the defendants. The defendants moved to dismiss the action for lack of subject matter jurisdiction. The trial court granted the motion and rendered judgment dismissing the action. This appeal followed.

The facts and procedural history are not disputed. The plaintiff is an employee organization designated pursuant to S.A. 01-1 as the exclusive representative of school administrators, principals and supervisors employed by the board of education. The oversight board is a state agency specially created pursuant to § 10 of S.A. 01-1.

As a result of a prior award of the oversight board dated November 27, 2002, the plaintiff and the board of education are parties to a collective bargaining agreement for the period from July 1,2003 through June 30, 2006.3 In that award, the oversight board set a salary [359]*359schedule and the terms of step advancement for the 2003-2004 school year, but left the terms of salaries and step advancements for the school years 2004-2005 and 2005-2006 to “a contract reopener for which negotiations shall commence in the Fall of 2003 pursuant to the [teacher act] and [S.A.] 01-1.” Thus, appendices A-2 and A-3 of the award, indicating the salary schedules for the 2004-2005 and 2005-2006 school years, left the salaries blank for the various positions, divided them into seven steps, namely, a start step, and steps 1, 2, 3, 4, 4a and 5, and noted that the salary schedules and step movements for those years “will be the subject of a contract reopener for which negotiations shall commence in the fall of 2003 pursuant to the [teacher act] and [S.A.] 01-1.”

On December 10, 2003, the parties appeared before the oversight board, acting in its continuing capacity as the binding arbitration panel for purposes of the teacher act, in order to resolve the wage reopener for the current collective bargaining agreement between the plaintiff and the board of education “concerning administrator salaries in school years 2004-2005 and 2005-2006.” On December 31, 2003, after a full hearing, the oversight board rejected the last best offers of the parties and issued its award. The oversight board first discussed in great detail the statutory factors that it was required to consider pursuant to both S.A. 01-1 and the teacher act, namely, the public interest and the city’s ability to pay.4 It also noted that, pursuant to its [360]*360powers under S.A. 01-1, it rejected the last best offers of both the plaintiff and the board of education.

The oversight board then addressed the first of the issues that had been left for the reopener, namely, the salary schedule and terms of step advancement for the 2004-2005 school year. With respect to this issue, the oversight board set the salary schedule for the various positions, but eliminated the start step. Thus, the oversight board made its award as follows: “In 2004-2005, the Start Step of the salary schedule shall be eliminated and administrators on former Start Step shall be compensated and placed on Step 1. All other administrators shall remain at their current step. There shall be no step advancement during the 2004-2005 school year.”5

The oversight board next addressed the second issue of the reopener, namely, the salary schedule and step advancement for the 2005-2006 school year. The oversight board issued its award as follows. It first decided that “[t]o create the salary schedule for the 2005-2006 school year, each step of the salary schedule for the 2004- 2005 school year shall be increased by 1.5 [percent]. There shall be no step advancement during the 2005- 2006 school year.”6

The oversight board also issued the part of its award that has become the subject of this litigation. Specifically, it provided as follows: “In the 2005-2006 school year, administrators will be eligible for a performance [361]*361bonus of $4,000 per administrator. The Board of Education shall establish criteria by which administrators shall be evaluated for purposes of determining eligibility for the bonus. The Board of Education shall consult with the [School Administrators of Waterbury] bargaining committee in determining the evaluation criteria. The final criteria established by the Board of Education shall be presented to the [oversight board] for final approval no later than May 1, 2004.7 It is the intention of the [oversight board] that this bonus be a true incentive, payable only to deserving administrators as determined by the Board of Education in accordance with the established criteria. The determination of administrators who will receive said bonus shall not be subject to challenge pursuant to the grievance arbitration procedure. Such bonus shall be paid in a lump sum, but shall not become part of the salary schedule. However, the lump sum shall be regarded as compensation for pension puiposes. Such bonus shall be payable between June 1 and June 30, 2006.”

Furthermore, consistent with its obligation under § 10-153f (c) (4) to “[state] in detail the nature of the decision,” the oversight board fully discussed its reasoning and the facts underlying its decision on the entire salary schedule issue. It explained that it had rejected the parties’ last best offers, namely, for the “purpose of imposing financial management controls on the City and the City [board of education].” It also explained that it was instituting the bonus plan to lay the “groundwork for an incentive-based compensation system that would reward administrators whose performance meets established goals with a significant monetary bonus. Such bonus shall not become part of the salary

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Bluebook (online)
885 A.2d 1219, 276 Conn. 355, 2005 Conn. LEXIS 534, 178 L.R.R.M. (BNA) 2883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-administrators-v-waterbury-financial-planning-assistance-board-conn-2005.