A Fox Enters Board of Ed’s House

by Allan Appel | April 7, 2009 11:40 AM | | Comments (15)

As it prepares a sweeping school reform plan, the city is bringing in outside legal help — and a longtime labor leader, Larry Fox — for advice on negotiating with the teachers union.

The Board of Education’s Administration and Finance Committee Monday night voted to approve the hiring of Lawrence S. Fox and Associates of West Hartford “for legal advice regarding collective bargaining negotiations and labor relations related to the Mayor’s Educational Initiative.”

Fox used to be a top official of SEIU/ District 1199 of the health care workers union in Connecticut, on whose behalf he interceded in the labor dispute at Yale-New Haven Hospital. (He was the regional union’s secretary-treasurer in the 1980s.) He also served as deputy state commissioner of labor. He has emerged as a leading labor mediator in the region. Most recently Fox was one of the lead players in negotiations related to the dissolution of textile and hotel employees’ unions, UNITE and HERE.

Fox has been active over the years in supporting the campaigns of union-friendly politicians — such as New Haven Mayor and former gubernatorial candidate John DeStefano. It was DeStefano’s office, not the Board of Ed, that arranged to hire Fox for advice on the upcoming school reform intiaitive. After years of opposing critics calling for systemwide reform, Mayor John DeStefano has now embraced the idea and is expected to unveil a plan in coming weeks.

The teachers union, whose contract expires next year, will play a crucial role in either helping the mayor enact a reform plan or putting up roadblocks. (Click here for an interview with union president David Cicarella on some of the key issues.)

“As we look at some of the reforms the mayor has talked about,” said Will Clark, the Board of Ed’s chief operating officer, “we want to develop a partnership approach to the teachers’ union, the state, all the players involved. We don’t want to be combatative.”

nhiorganboe%20010.JPGClark (pictured) described Fox as person who is not an attorney, but who is known primarily as a skilled mediator with the Service Employees International Union, and others. Most recently Fox was one of the lead players in negotiations related to the dissolution of textile and hotel employees’ unions, UNITE and HERE.

The mayor has said that the future for the public schools includes “thinking of our schools as if they are part of our portfolio.” That means readdressing potentially thorny issues such as more autonomy for school principals, teacher tenure, merit pay, a “tiering” of the schools based on performance, and possibly shutting down failing schools. And potentially also more charters.

“Larry Fox understands that there are a lot of moving parts to this next chapter. Larry understands the dynamics, how the pieces fit together, and he will advise us.’

Fox’s contract runs from April 7 through June 30, and his fee is not to exceed $20,000

The teachers union contract expires on June 30, 2010. Clark noted that the law mandates negotiations begin a year in advance so that the state, which pays the lion’s share of the municipal education tab, has time to budget.

“We expect to negotiate in August this summer, mediate in September, and arbitrate in October,” said Clark. “Larry Fox is going to be a valuable addition to our team.”

The mayor has said that the future for the public schools includes “thinking of our schools as if they are part of our portfolio.” That means readdressing potentially thorny issues such as more autonomy for school principals, teacher tenure, merit pay, a “tiering” of the schools based on performance, and possibly shutting down failing schools. And potentially more charters.

If Fox’s first three months prove worthwhile, Clark held open the possibility that he might come back to the committee for an extended contract.

Clark himself and the BOE did not hire Fox. He was retained at the suggestion of the mayor’s office, Clark said.

Mayoral spokesperson Jessica Mayorga said “Fox was hired as a consultant for the education reform initiative the Mayor has referenced in recent public discussions: the push from incremental to exponential achievement throughout the school system.”

No-Shows

nhiorganboe%20008.JPGThe board’s Administration and Finance Committee, which was chaired by Michael Nast (pictured), was the only BOE member present at Monday’s meeting. As the entire committee in attendance, Nast also approved spending another $29,000 on help from the politically connected Milford law firm of Berchem, Moses and Devlin, which handles much of the BOE’s legal business.

Clark said the increase was primarily for legal research pertaining to the negotiations on the teachers’ contract. “You don’t just walk into these negotiations without doing your homework,” he said.

The retention of Fox is not the first expenditure of funds focused on the new reforms. Last month the board took its first step in planning to apply for money from U.S. Secretary of Education Arne Duncan’s new “Race to The Top” plan. It approved the hiring of Franczek Radelet & Rose, a Chicago-based law firm, like Fox, on a three-month retainer. The Chicago laweyrs’ fee is not to exceed $35,000.

Nast pushed Clark on why the board is spending so much money on lawyers. He asked about the hourly rate (which could be as high as $225 an hour for a partner).

“They are going to help us with the larger picture,” said Clark: “What kinds of reform will be realistic; what do you need in place to make it happen; and how do we attack the problems.”

Clark used to work at Bercham, Moses. He once advised the city on negotiating with teachers.

Schools Superintendent Reggie Mayo and the mayor joined Duncan last month in Washington, D.C. in a Bill Gates-sponsored forum. Click here for that story.

Jessica Mayorga said that no date has yet been set for the unveiling of the mayor’s educational reform proposals.







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Comments

Posted by: East Rocker | April 7, 2009 11:59 AM

I find it disturbing that one person can constitute a committee to make spending decisions like this. Isn't this why organizations usually have quorum rules - so that one person is not making such decisions alone if others don't show up to meetings? Does the BoE have such qourum rules? (Apparently not!) If not, they should. This is not okay.

Posted by: East Rock 2 | April 7, 2009 1:16 PM

Will Clark gets to funnel money to his old firm and no one bats an eye?

Posted by: Paul Wessel | April 7, 2009 2:47 PM

Larry Fox is well suited for this.

The UNITE-HERE-SEIU saga, which continues, may not be the best of example of this.

Here's how Governing Magazine described Larry's work at the Connecticut Labor Department during a time when the state administration focused on service and efficiency:

"In Connecticut, the Department of Labor's reengineering effort grew
from the realization that the department's bureaucratic arteries were
so badly clogged that the agency wasn't fulfilling its mission of
"protecting the interests of working men and women," says Deputy
Commissioner Lawrence S. Fox.

When Connecticut's labor department completes its 18-month effort,
people will no longer be standing in unemployment lines, inching their
way up to a front counter to register for unemployment compensation,
then moving to another line for the job-matching service, and to
another one for job training. Instead, there will be scheduled, sit-
down interviews. The front counters are being demolished.

While this project involves new computer systems, technology is not
all there is to it. There is also a culture change--an effort, as Fox
says, "to change the mindset of people from one of `I administer a
program and you're either eligible or not' to one of `I'm here to try
to help you.' " Some 1,400 employees are having to unlearn old ways
and learn new ones."
from: http://www.governing.com/archive/1993/mar/reeng.txt


Posted by: Disturbed | April 7, 2009 3:56 PM

After a millenium as mayor and opposing change why is DeStefano now wanting it. Red flag #1. Why bring in a mediator before the negotiations. Red flag #2. Describing schools as part of a portfolio. This is banker speak. Red flag #3.

Anyone want to speculate whats going on.
Its not for the benefit of our kids.

Posted by: anonymous | April 7, 2009 4:36 PM

another example of a high paid consultant. Mr. clark hires consultants as he prepares to lay-off 127 BOE employees. Something is wrong

Posted by: anon | April 7, 2009 6:00 PM

Anonymous,

I believe it stated a number of times in the article that Clark nor the Board of Ed hired this man. I believe the EXACT words were:

"Clark himself and the BOE did not hire Fox. He was retained at the suggestion of the mayor's office, Clark said."

Posted by: Charlie O'Keefe | April 7, 2009 7:17 PM

Disturbed.

You missed the biggest red flag. Clark states he will negotiate in August, mediate in September and arbitrate in October. The BOE aka John Destefano obiously has an agenda and no intention of negotiating in good faith even before they start. If I was a teacher in NH I'd be sending out my resume now. Our mayor has completely lost it.

Posted by: Disgruntled Democrat | April 7, 2009 10:07 PM

This is being done because the mayor cannot alienate the union members personally, so he hires outside counsel and a mediator to try and make the unpalatable acceptable. Without their support, he runs the chance of not being re-elected and this way, he keeps things at arms length.

For too long the City has spent too much money on poor results. Major budget cuts or, more likely, a reorganization of the money alloted to the BOE will anger many in the teachers' union. With dwindling financing from the State, and increased overall costs (supplies, benefits and salaries), there is no other option but to make major changes, and this cannot be accomplished without eliminating waste. Unfortunately for some in the union, that will mean downsizing and consolidation, things not typically acceptable to any union.

Posted by: Boristt | April 8, 2009 8:06 AM

ANON Being that Will Clark is the chief operating officer he should step in and maybe tell the mayor its not a good time to be hiring when your claiming theres no money and your looking to lay people off. But again nobodys going to stand up against the king.

Posted by: robn | April 8, 2009 10:08 AM

"Most recently Fox was one of the lead players in negotiations related to the dissolution of textile and hotel employees' unions, UNITE and HERE." NHI

The mentioned unions didn't dissolve, their merger was dissolved.

Posted by: NHPS Teacher & NH Resident | April 8, 2009 11:13 AM

Charlie, that's exactly what I thought (except for the sending out my resume). I'm still committed to teaching in New Haven; however, I'm wary of what's coming down the pike.

This sure does shed some light on why the mayor wouldn't accept our union's concessions to avoid layoffs last month. I wonder if they would have accepted anything we put forward.

Posted by: Alphonse Credenza | April 8, 2009 12:54 PM

Committee?
Come with me...
Don't **it me!

Posted by: Union Man | April 8, 2009 1:32 PM

OK we keep hiring people to do the jobs we are already paying city employees to perform.The reason this is is because then there could be no accountability on the so called administration.Nice job by Will,Reggie and the rest of the overpaid staff of the BOE.Hire your old firm to handle grievances are there not sevral people already handling this? Redundent services yet again.These are the same people who sit there and watch employees get laid off I really hope the day comes when these administrators have to be held accountable for their actions.Wake up people the time has come to stand and fight.Mayo and will are over paid figure heads for the king.Have you two have any dignity or pride left.Now that they have a problem they want to blame the employees that did what they have been told to do.

Posted by: Charlie O'Keefe | April 8, 2009 9:19 PM

I didnt get it right yesterday. This is a big time set up.

August - Negotiate - Failure
September - Mediate - Failure
October - Arbitrate - Teachers Lose out Big Time and are so pissed everyone knows the kids will suffer for ever.
November - Johnny Boy comes up with brilliant compromise, probably what the teachers offered months back - He's the great hero of the day. Elected to his 8th term by the grateful citizens.

Posted by: Borist | April 9, 2009 10:56 AM

WHERES ILOVETHISCOUNTRY you dont have a comment, you dont wannt to upset the mayor.

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