Article Preview: Appeals court rules against Central Point schools on bus outsourcing - MailTribune.com - Medford, OR

Mail Tribune (Medford, OR — Wayback)

2015-05-09

Document text

3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation  |  Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Emergency services, May 9 Jackson County deputies searching for wanted man after pursuit Medford schools still filling admin roles Amid the drought, Medford's water supplies still ample Nashville singer/songwriter with local ties dies of cancer Crime, Courts and Emergency Services Emergency services, May 9 Jackson County deputies searching for wanted man after pursuit Medford man sentenced in machete attack Suspect in OSP meth stop will face federal charges Emergency services Politics and Elections Ashland water bills could go up to fund watershed protection Pacific Connector Gas Pipeline opponents rally in Medford BREAKING: Baltimore prosecutor charges officers in Freddie Gray's death Earthquakes hit regularly in Medford (Oklahoma, that is) Medford School Board, Position 6: Curt Ankerberg vs. Janet Lightheart Education Medford schools still filling admin roles Appeals court rules against Central Point schools on bus outsourcing Hedrick principal to take helm at North Medford High School More kindergartners vaccinated in 2015 Elementary students honor local police officers Environment Ashland water bills could go up to fund watershed protection Crater Lake may soon have China connection State waives college placement tests for students who hit high marks Stopping fire in its tracks Pacific Connector Gas Pipeline opponents rally in Medford State News Obama makes pitch on trade deal at Nike: 'Just do it' Forecast for 2015 predicts busy wildfire season Cheers and protest signs greet President Obama in Oregon Oregon Senate OKs bill banning 'conversion therapy' Police: Welsh man traveled to Oregon to have sex with girl Nation - World There's a $10 million precious stone hidden in plain sight at Grand Central Obituaries Dorothy Evans Helen Nadine Sankey Dickie Miles Hayes Nita Day Layne Alan Battenfield Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable Sports Latest Stories Newman deals with penalties after appeal denied Kelly, Na share lead at Players Championship After sullied week in sports, let's all shower off In complete control Chris Singleton: No need for a rematch Varsity 541 College Sports Oregon clinches share of Pac-12 title Ex-Panthers Baldovino, Owirka earn honors In the zone Ducks' Keys chases fourth Pac-12 crown Ducks bring in transfer from Villanova Pro Sports Newman deals with penalties after appeal denied Kelly, Na share lead at Players Championship Four tied for lead at Players Many happy returns for Singler Rockets survive Clippers, even series Community Sports Bailey picks up modified win Wilson delivers in return of local boxing Palmer breezes to second straight men’s title Business Latest Stories People in Business Business briefs: Avista, Mcintosh, BOLI Blog: 1-800-Flowers.com SEC filing provides peek into Harry & David revenue and cost figures Blog: Mom is Our Hero! Ride & Drive: 2015 BMW 428i Gran Coupe Real Estate News Single-family home sales take off Never enough: New Starbucks proposed on Barnett Road in Medford Jackson County debt-ridden homeowners have an option New home in an old house Naumes plans custom-crush winery in former packing house People In Business People in Business Transportation Erickson finds room to work at Medford airport Lithia Motors nets $40.7 million in first quarter Lithia Motors reports second-best quarter ever Business briefs Medford airport's record run continues Agriculture 1-800Flowers.com reports $10.5 million loss in third quarter Naumes plans custom-crush winery in former packing house New bosses take charge at Harry & David Dancin Vineyards covers up Opinion Latest James Jackson: Who’s driving your fear? Landgren cartoon: What the frack? Arthur I. Cyr: Britain’s important election – in royal political context Granlund cartoon: Texas conspiracy Landgren cartoon: Deflategate intensifies Editorials Our View: Could self-serve ban be on the way out? Our View: Cheers and jeers Our View: Set firm deadlines on blighted houses Our View: Oregon's full of givers, and can use more Our View: Our picks for Medford School Board Letters to the Editor Letters to the Editor, May 8 Letters to the Editor, May 7 Letters to the Editor, May 6 Letters to the Editor, May 5 Letters to the Editor, May 4 Columns Arthur I. Cyr: Britain’s important election – in royal political context Guest Opinion: Child poverty and the Schneider Children’s Center George Will: A patrician blacksmith for president? Dana Milbank: Huckabee's ill-fated quest Kathleen Parker: Matters of perception Guest Opinions Guest Opinion: Child poverty and the Schneider Children’s Center Guest Opinion: Animal-killing program pulls wool over taxpayers' eyes Guest Opinion: Uniting to restore our sovereignty to we, the people Guest Opinion: This Earth Day, we celebrate the Northwest Forest Plan The Medford School Board was wrong: 'American Pageant' is a political agenda, not history Lifestyle Latest stories Community blog: No HOT DOGS this summer Bukair-Hinkle Wedding: Stephanie Anne Obad and Mark Douglass Schmor Community blog: Don't Fall for This Part 2 Community blog: Sorry, Mom, there's more than one beef stroganoff Food Community blog: Sorry, Mom, there's more than one beef stroganoff Community blog: Teatime is anytime when recipes brew new dishes Eat your greens (tea, that is) Season Stepp: Make some cheesecake mousse-filled strawberries Page H. Onorato: Baked potato soup is comfort in a bowl Home and Garden Breathe easier with whole-house air purification Dear Monty: Water rights of property owners Paul Rogers: ‘Living’ mulches a healthy alternative to bark Heirloom tomatoes bring ageless flavor Betty Montgomery: You can have a variety of ferns in your garden Health Community blog: Don't Fall for This Part 2 Health Watch: Easy tips to drink more water throughout the day New cardiac rehab center opens at Asante RRMC Community blog: You and Me at 83... Search on for new medical provider for Butte Falls, Prospect clinics Hiking Biking Faith Religion Briefs: Friday, May 8 Religion Briefs: Friday, May 1 Religion Briefs: Friday, April 24 Religion Briefs: Friday, April 17 Religion briefs: Friday, April 10 Milestones and Achievements Bukair-Hinkle Wedding: Stephanie Anne Obad and Mark Douglass Schmor Ashland water bills could go up to fund watershed protection Drones helping create unique wedding photos Pick your favorite wedding flowers Columnist for a Day Rogue Healthy Aging Tempo Latest stories Flowers, art and music highlight Art in Bloom 5 picks for live entertainment Live Music in Local Clubs Peter Rowan, Big Sandy & His Fly-Rite Boys at Rootsfest Dancing People Company presents 'Salon Series' Theater REVIEW: Randall Theatre's 'Little Shop of Horrors' a rollicking good time REVIEW: Carson, Patton shine in 'Arsenic and Old Lace' Some Oregon Shakespeare Festival crew members seek to unionize Randall Theatre stages 'Little Shop of Horrors' 'Much Ado' at SOU Music Live Music in Local Clubs Peter Rowan, Big Sandy & His Fly-Rite Boys at Rootsfest The Farr Side: Mumford & Sons’ latest is full-on rock Tina Malia at SOU Music Hall in Ashland Earthquake benefit for Nepal Community Events 5 things to see at Art in Bloom Flowers, art and music highlight Art in Bloom Hip-Hop Poetry Open Mic at OSF's Black Swan in Ashland Ashland's First Friday Art Walk showcases new exhiits by regional artists Master Gardener Spring Fair at The Expo Movies Movie review: ‘Hot Pursuit’ is a hot mess George Miller returns to his ‘Mad Max’ roots Tom Hardy adapts to life as Mad Max Victor D. Infante: ‘Avengers’ begs the questions, ‘Why superheroes, and why now?’ Movie review: ‘Avengers: Age of Ultron’ has a lot going on Dining Wood-fired pies at Peace of Pizza Trium is a classic example of a boutique winery Restaurant inspections, May 3, 2015 Taqueria Picaro offers casual Mexican cuisine Restaurant inspections: April 26, 2015 Tempo Videos Classifieds Jobs Autos Real Estate FEATURED   » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Special Sections Business Services NEWS NOW   Jackson County deputies searching for wanted man after pursuit       ...       Medford schools still filling admin roles       ...       Obama makes pitch on trade deal at Nike: 'Just do it'       ...       Jackson County deputies searching for wanted man after pursuit       ...       Medford schools still filling admin roles       ...       Obama makes pitch on trade deal at Nike: 'Just do it'       ...           EDUCATION Appeals court rules against Central Point schools on bus outsourcing Bus outsourcing process violated law, judges say By Teresa Thomas Mail Tribune MailTribune.com By Teresa Thomas Mail Tribune Posted May. 6, 2015 @ 5:50 pm Updated May 6, 2015 at 5:58 PM By Teresa Thomas Mail Tribune Posted May. 6, 2015 @ 5:50 pm Updated May 6, 2015 at 5:58 PM »  Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> The Oregon Court of Appeals has ruled that the Central Point School District violated the law by not conducting a thorough cost analysis before contracting out its student bus services in 2011. The appellate court overturned Jackson County Circuit Court Judge Ron Grensky’s 2012 decision to dismiss the lawsuit filed by former district bus driver Stephanie Hicks and sent the case back to the lower court for further review and a judgment consistent with its opinion that the district was at fault. Oregon Revised Statute 279B requires that public agencies — in this case, the school district — perform a detailed cost-benefit analysis before outsourcing government services of more than $250,000. This analysis must demonstrate that outsourcing services would be cheaper than providing them in-house. In 2011, district officials began considering outsourcing transportation services to a private company as an alternative to replacing its aging bus fleet. Former district Business Manager Vicki Robinson and, later, transportation consultant John Fairchild conducted separate cost analyses, and in June 2011, the School Board agreed to a contract with First Student Inc. Shortly after, the district laid off its 34 bus drivers after First Student agreed to hire all the “qualified drivers.” While the majority of the district’s former bus drivers were hired by First Student, a few retired, and at least one, Hicks, was not hired and was told she was not qualified. Less than a month later, Hicks, backed by the Oregon School Employees Association, sued the school district for failing to conduct a comprehensive analysis. “(The OSEA) represented the drivers when it was an in-house operation and were involved in the struggle to convince the School Board not to contract out,” said  Ed Edwards, director of government relations for OSEA . In 2012, Grensky dismissed the lawsuit and ruled that the district had conducted a satisfactory cost analysis. Nonetheless, on April 22, the appellate court ruled that the analyses did not comply with ORS 279B.033 and had been calculated on the assumption that First Student would pay the same wages and benefits as the district. According to one study conducted in 2013 by the University of Oregon’s Labor Education and Research Center, many of the bus drivers — 15 out of the 34 were interviewed — were earning what they had been while working for the district, but some suffered wage loss due to reduced working hours.  Further, at the time of the study, none of the former district drivers working for First Student were enrolled in the company’s health insurance or retirement plans. They also had fewer benefits — such as paid holidays, sick days and personal days — available to them. The appellate court’s ruling stated that the “district’s reliance on assumptions in preparing the cost analysis required by the statutes rendered that cost analysis ‘contrary to law.’ ” “One thing that (appellate court ruling) made clear is that the case belongs in the judicial court process, and the second thing we know is that the cost analysis required by law was not done properly,” Edwards said. Neither Edwards nor the district’s attorney, Brett Mersereau, could predict what will happen next in the case. The district, Mersereau said, is still evaluating the ruling and its options. “The timeline depends on whether either of the defendants (the district or First Student) files a petition for review with the Supreme Court and that is still being considered,” he said. Mersereau also said the appeals court ruling was unclear about how the case should proceed if it does return to circuit court. “There could be a wide range of outcomes in the trial court,” he said. Reach education reporter Teresa Thomas at 541-776-4497 or [email protected] . Follow her at www.twitter.com/teresathomas_mt . By Teresa Thomas Mail Tribune MailTribune.com By Teresa Thomas Mail Tribune Posted May. 6, 2015 @ 5:50 pm Updated May 6, 2015 at 5:58 PM » Comment or view comments   /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ »  STAY INFORMED   Email NewsLetter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed   Email newsletter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved.    Privacy Policy  |  Terms of Service  |  Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501