(This article is the second of two parts. For Part 1, visit http://www.pelicanpress.org/content/1886_1.php)
As the Sarasota County Public Schools District prepares to hold a referendum on March 16 on the continuation of a 1-mil special tax, a number of issues have been debated in the community.
COPS A COP-OUT?
Certificates of participation are used for lease-purchase financing.
A certificate of participation, according to the State of Colorado’s official website, is a lease-financing mechanism through which a government body enters into an agreement to make regular lease payments for the use of an asset over some period, after which time the title for the asset transfers to the government body.
COPS have enabled the Sarasota district to undertake construction projects that the school board deemed necessary but for which it did not have full funds at the outset. Board members agreed in February 2008 to proceed with using COPS because of the savings they could realize with lower construction costs.
School tax opponents Rich Swier and Walt Augustinowicz say they believe this is not only unethical but illegal. They say that COPs are an attempt by the school district to avoid a public referendum on costly projects.
However, the Florida Supreme Court has ruled the financing method is legal. In ruling on the case of State of Florida vs. School Board of Sarasota County, the court said, "We conclude that because these obligations are not supported by the pledge of ad valorem taxation, they are not ‘payable from ad valorem taxation’ within the meaning of article VII, section 12 [of the state constitution], and referendum approval is not required."
That ruling has not changed Swier’s view. "They bypass the voters and indebted our children and grandchildren," he said. "It’s not me going to pay it. I’m going to be dead. ... They never asked me if I can indebt my children.
"The purpose is to hold government responsible," Swier continued. "We always do more for less. That’s the beauty of America. The farmer uses the same acre and grows more wheat. Intel creates a chip that provides more power with less money, but the government can’t do that"?
School board Chair Shirley Brown pointed to the high court’s decision. As far as she is concerned, Brown added, the issue is moot.
ILLEGAL ELECTION
If the referendum does not pass, the only cut that is certain is a 6.625-percent reduction in salaries for teachers. That is written into the collective bargaining agreement between the school board and the Sarasota Classified/Teachers Association.
Each teacher’s pay stub shows the amount that teacher would make without the extra revenue.
Brown said this is a motivational tool: "The public is paying additional taxes to help fund your salary, because the public wants an excellent education system here.
"It’s a reminder to the teachers that the public wants better. I just don’t see how that’s a negative," Brown added. "My daughter [who teaches in the district] looks at her check: ‘The taxpayers gave me extra money because they want extra work.’ It’s a sense of pride."
Augustinowicz sees this "reminder" as a means of buying votes.
"The teachers and district employees are being blackmailed," Augustinowicz said. "It was not necessary to include that in the contract. It was placed there to ensure that the union would become an army to promote the tax. … I don’t think succumbing to blackmail is an example we want to pass down to our children. Besides, I believe if an investigation is done, it would prove to be a third degree felony under section 104 of the Florida statutes."
Schools Superintendent Lori White said the notice on pay stubs is not a scare tactic. "The reality is, those dollars are potentially non-recurring. [The] collective bargaining group agreed that that makes sense," White added. "Since 2002, it has been on the paycheck ...."
The district first gained voter approval in 2002 for the 1-mil tax.
The tax opposition organization Better Schools for Less has notified Kathy Dent, Sarasota County supervisor of elections, about the pay stub notices. "We demand the school board put an end to the School’s disregard for the laws of this state," the organization’s website says.
The group also claims the district has "misleading robo-calls from school-owned systems," and flyers being sent home to parents from schools and the PALS Partners in Education organization. The group further maintains that volunteers are using school e-mail lists to send out political e-mails.
"I’d much prefer that somebody come forward and say, ‘I just don’t want to pay any taxes,’" Brown said, "not throw all these accusations out there ...."
THE FUTURE
The district warns of "catastrophic" changes that will have to be made if the referendum fails. Teacher salaries will be cut, jobs will be lost and the district’s current hiring freeze will continue.
"It’s hard for me to say exactly what’s going to happen if [the referendum fails]. Certainly there will be a pay cut," White said. "Highly likely that we will have to lose the [extra] 30 minutes [in the high school day], which means we have to go to a six-period day at the high school.
"That seven-period day gives students that flexibility," White pointed out. "If you fail one class, you have to try and take a virtual class or an adult high school class in the evening. ... Students want to get industry certifications or take more classes to get college credit and [losing the 30 minutes] really restricts their ability to do all that. "
White said that even with passage of the referendum, the she and the school board would be forced to make more difficult budget decisions.
Because of falling property values, the same 1-mil tax that brought in $47 million last year is expected to bring in only $38 million next year.
"Even with the extension I’ve got to cut," White said.
That situation is compounded by a projected fall in state education funding, which she said is expected to range from 2.5 percent to 5 percent.
Swier says the district would be fine if teachers were given raises based on performance and not longevity. Augustinowicz says cutting property taxes increases property values, which would only help the district.
"Voting against the referendum will send a very clear message that it’s no longer business as usual," Swier said: "‘I want you to focus on my kids. I want to make sure that my two grandchildren are educated; that they can read, write and do science at the 12th-grade level. Stop focusing on my money and start focusing on my kids.’
"By voting ‘No,’" he added, "I’m leaving money in the local economy and that may save my job and my neighbor’s job. ... I’m being expected do to more with less. Why would I not expect the school to do the same?"
"As responsible adults," Augustinowicz said, "we must teach our children to budget wisely and live within their means. We must set good examples for them. ... We should not teach them that if they want something they simply need to hold out their hand and expect it to drop into their palm."
White and Brown think a "No" vote would send a very different, harmful message.
"At a time when the competition for our graduates to get jobs is so high, now is not the time to back away from those efforts that we know are making a difference," White said.
"I think most of the business community gets it," White said. "They know having a high-quality school district creates economic viability [in] this community. You don’t have a declining school district and expect people to be attracted to move here.
"... This community has always been one that prides itself in having the highest quality," White continued, "whether it’s the schools or the arts. I think that’s why [voters] supported [the referendum] initially and why I think they will continue to do so."
Early voting for the referendum began on March 1.

March 10th 2010 - 8:13PM