Thursday, April 30, 2009

Teachers are Citizens and can CRITICIZE their employer

Thanks for all the input...from one brick to another.

http://www.cfac.org/handbook/cases/Pickering_v_BoardofEducation.pdf

In Pickering v. Board of Education, 391 U.S. 563, 88 S. Ct. 1731, 20 L. Ed.
2d 811 (1968), the Court dealt with the First Amendment right of public employees to
speak on matters of public concern relating to their employment and with the right of the state, as an employer, to regulate the exercise of such right. The Court there was faced with critical statements made by a teacher concerning the way the school board had handled proposals for increased school revenue. Some of the statements involved were true, while others were false although not knowingly or recklessly so.

The Court concluded that no general standard could be fashioned in such situations and found that "the problem in any case is to arrive at a balance between the interests of the teacher, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees." 391 U.S. at 568, 88 S. Ct. at 1734. The Court expressly held that the state could not entirely deny the right of its employees to criticize their employer. 391
U.S. at 568, 570, 88 S. Ct. 1731.
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Wednesday, April 29, 2009

Legal Advice on Free Speech

Hmm...does this mean they should not have pulled the rally announcements?

"Government regulation of employee speech does implicate First Amendment issues and is sometimes unconstitutional.  The question usually boils down to the "'balance between the interests of the [employee], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.'"  Connick v. Myers, 461 U.S. 138, 140 (1983), quoting Pickering v. Board of Educ., 391 U.S. 563, 568 (1968) (opinion available athttp://www.law.cornell.edu/supct/html/historics/USSC_CR_0461_0138_ZS.html).
  
Courts considering government employee speech issues first ask whether the speech at issue "addressed a matter of public concern."  Kirchmann v. Lake Elsinore Unified School Dist., 57 Cal. App. 4th 595, 601 (1997) (opinion available at http://online.ceb.com/CalCases/CA4/57CA4t595.htm).  If the speech concerns a matter of public concern, "we must balance [the employee's] interest in making her statement against the interest of the [employer] in '"promoting the efficiency of the public services it performs through its employees."'"  Id., quoting Rankin v. McPherson, 483 U.S. 378, 384-85 (1987) (opinion available athttp://www.law.cornell.edu/supct/html/historics/USSC_CR_0483_0378_ZS.html). 

In other words, employers have some latitude to regulate employee speech, but the degree of latitude depends on the facts of the particular case, with particular focus on the connection between the speech and matters of public interest and the extent to which the regulation might be necessary for the functioning of the government officeinvolved. 

Where the government opens up a limited forum for communication, it must regulate speech made in that forum in a content-neutral way.  Speech should not be restricted by a state actor based on the speaker's viewpoint.  Moreover, restricting speech before it has been made is typically a prior restraint, which is very often inconsistent with theFirst Amendment.  See, e.g., Pines v. Tomson, 160 Cal. App. 3d 370 , 395 (1984) ("Any restraint on expression prior to publication bears 'a heavy presumption against its constitutional validity' under the First Amendment.")." 

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Check "Consolidated Comments"posting. We have some more.

Please scroll down to the Sunday time stamp (4/26).  At least one person has added their two minute talk given at the board meeting to the SD Union Tribune comments.
Remember: email to brickwall@yahoo.com if you would like to add your board speech or commentary and put your name on it.
Did you notice? The press is looking at this blog.  Keep it alive with your contributions.
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Rally Makes the Channel 8 News 4/27

Visit the Channel 8 site to watch the clip.
2 minutes and 47 seconds of coverage.
The web site also has commentary copied and pasted here for posterity.

http://www.cbs8.com/Global/story.asp?S=10259877

Sweetwater Teachers Fight For Their Salaries

Apr 27, 2009 6:01 PMApr 27, 2009 6:45 PM

In the past two weeks the Sweetwater Union High School District has rescinded about two-thirds of the layoff notices it issued in March. But now, employee unions are butting heads with the district again, this time to keep salaries and benefits stable. For the full story, view the video.


commentary as of 4/29:

luz II
April 29, 2009
Have all of you notice that Dr. Gandara has gained weight since he arrived to Sweetwater District at taxpayers expense with his gourmet restaurant row............
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Whaaaaaaaaa
April 29, 2009
Union =Bunion
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luz
April 28, 2009
If you were at the rally, you received handouts of his expense accounts.  
Why are taxpayers subsdizing Gandara's gourmet restaurant grazing.?  
Perhaps his next job could be food critic. He certainly has the experience. Surprised Surprised
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NEWSFLASH
April 28, 2009
Thats a great idea !!! let them fight each other for a salary.
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EMPLOYEE
April 28, 2009
How can Dr. Gandara say we have a budget problem!!! When he raise salaries to his friends $20,000 to $30,000 a year!!!! we all know who they are................ Yell Cry
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maria
April 28, 2009
The 2% pay cut contains the wording "permanent."  
Dr. G offered to accept his own salary cut of 2% a month or so ago. Haven't heard much about that lately and never heard the word PERMANENT.  
Meanwhile the no confidence petitions is historical in that all 4 unions agreed to circulate and support it. His predecessors did not experience that sort of "popularity." Otherwise I think you got the story, here in South Bay. Our students deserve quality teachers who will receive health benefits upon retirement and are treated with dignity and respect. Thanks
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bob
April 27, 2009
So how long do we need to pay more taxes to make the school unions happy? People lets give less to the administrators and more to the teachers and classrooms The more money the unions get it is never going to be enough Yell
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Guest
April 27, 2009
FYI that would be exactly what the "school unions" want. Do you not realize that administrators are not part of the teachers unions? The teachers unions are fighting to keep the money in the classroom helping students and not in the superintendent's pocket for his expense account with multiple meals out a week and flights all over the country every month.
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bob
April 27, 2009
How most does the teachers pay for union dues every month Lets give the unions everything they want and it wont ever be enough This state is going to go broke because of all the unions Here is the big question How most do the leaders of the unions get paid?????? Yell
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Roberto
April 27, 2009
It's funny you would say that "the more money unions get it's never going to be enough." Sweetwater Educators aren't asking for anything more. In fact the negotiating stance of this particular union has been a request for a "status quo" contract. In other words, keep things as they have been for the last 3 years under the current contract. Sweetwater teachers aren't asking for more, but simply that jobs and salaries not be cut. Perhaps to some that's unreasonable, but given the work that the vast majority of teachers perform and the difference they make in children's lives, I hardly think that's so.
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mvhskatergirl
April 28, 2009
Hey Bob--It's much--not most--and after a complete sentence--try a period!!  
I am wondering if you were taught by a non-union home school teacher?
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Tuesday, April 28, 2009

Board Meeting Ends at 10PM APRIL 27

Brief synopsis:
Many articulate and moving speakers and great supportive, chanting outside in the early evening.

787 signatures on the petition (correct me if I am wrong).
Can we still keep collecting them?
Gandara kept sinking down in his chair. What was that about?
What was your experience?
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Sunday, April 26, 2009

Consolidated Comments on 4/23 article

23 comments on sd union tribune article 

It appears that the Wednesday article is sparking conversation on SD Union Tribune web site. 

Showing 23 of 23 Comments.

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  • gandaramustgo04/27/2009 01:00 PM
    IA number of people know that Gandara and the Board made a terrible mistake in terminating Karen Janney’s contract. When they take credit for the implementation of the Common Calendar – remember that Karen did that. When they take credit for the implementation of key components of the Strategic Plan – remember that Karen did that. When they take credit for certain underperforming schools increasing student achievement, remember that Karen led that effort. I am not optimistic that Karen will get her job back in the district because I don’t think that any of the Board members have the courage to stand up to this superintendent and admit that they made a mistake. Voters on the other hand are not afraid to admit their mistake and are already looking forward to the next school board election. 
    The Board should not be worrying about who started a Blog, who started a petition, or who may have disagreed with the decisions of the superintendent and the board. They should worry about the fact that people have lost confidence in their ability to make decisions based on truth and integrity and to be independent thinkers. They should worry about the fact that they are being manipulated and following blindly regardless of the truth of the information they are given. They should worry about why staff members are in fear of retaliation. They should worry about having created an atmosphere where input is feared, employees are intimidated, and creativity is stifled. They should worry about the fact that politics has become more important than relationships, respect, and student achievement.
  • The district has proposed a 2% pay cut to all employees, because of the budget crissis. The district is not out of money, Keep an eye on the spending specially on EDTECH and IT those two departments are looking to spend more than 2 million dollars on software and hardware that can wait.
  • GandaragotoTexas04/26/2009 10:18 PM
    I have been a teacher with the Sweetwater School District for forty years and will be retiring in June. I have worked with Karen Janney during her tenure at Montgomery High School. I have worked for approximately 15 principals during my teaching career. Karen Janney has been the most outstanding professional administrator that I have ever met. She is hard working, intelligent, decisive, and an outstanding leader. She has been a loyal and dedicated employee for the SUHSD. She attended Bonita Vista High School and has spent her career in our district working for the betterment of education in the South Bay. Her heart is here in the South Bay.

    Our present school board is only listening to the superintendent from Texas. He hides the decision to transfer, demote and terminate eleven women from the district office under the guise of budget cuts. He then has increased payroll costs by some of his transfers of men to some of these positions. 

    The decision to demote and then to terminate Karen Janney is one of the worst decisions that this board has made. How do you think the morale of the district is going to be, if this kind of treatment of employees is tolerated. I know eventually the courts can make the district pay for this kind of action, but why continue with this treatment? The damage that has occurred and continues to occur under the present superintendent will take a long time to rectify. Employees are afraid to speak up in fear of the superintendent's retaliation. 

    This board can do something now. You know Dr. Gandara wants to go back to Texas. His heart is in Texas. Send him packing now before he damages the district any more.
  • Gandara is a CANCER spreading throughout our GREAT district. He has created a culture of FEAR and ANXIETY at the cost of VALUABLE dedicated Sweetwater Educators. When he took out Karen Janney, he sent a message to EVERYONE that no one is safe. Karen Janney WAS the one person in our district who everyone RESPECTED and ADMIRED. She was the BEST leader not only in our district but in our ENTIRE STATE!!!!! How can He lose "Confidence" in Karen? Is that really possible? OR did she threaten him with her intelligence, leadership, and honestly??? She was and is the BEST person for our kids. Aren't we in this business for the kids? Then how does this help??? I hope you (Gandara) can sleep at night knowing you have taken apart our great district spreading your CANCER at the cost of our KIDS!!!
  • "The courts that have addressed the issue—primarily federal courts in California— have held that the amount of money paid to the attorneys is NOT protected by the attorney-client privilege. As the Ninth Circuit Court of Appeals held, 'Not all communications between attorney and client are privileged. Our decisions have recognized that the identity of the client, the amount of the fee, the identification of payment by case file name, and the general purpose of the work performed are usually not protected from disclosure by the attorney-client privilege.' Clarke v. American Commerce National Bank, 974 F.2d 127 (9th Cir. 1992). "

    Ask how much the district is paying. Also, ask how much was spent at the Hotel Del (and the administrators' meeting at the Coronado Community Center...which was catered).

    See http://www.cfac.org/content/index.php
  • Havetospeakup04/25/2009 11:10 PM
    By the way, guess where our recent WASC (accreditation) team was treated to dinner by our District in Deficit??? The Hotel Del Coronado !!! Give me a break! How can they get away with this??? As a teacher, I'm angry; as a taxpayer, I'm LIVID!!
  • Can you verify this please? This is outrageous if its true. How can we confirm this?
  • Havetospeakup04/25/2009 11:06 PM
    Gandara has it all figured out. First he sends his puppet to absolutely ruin Montgomery High so he could then blame its lack of success on that pesky 4x4 schedule and get rid of it. Then he sends Karen Janney, whom we value and trust, to get us to agree. She of course fails to do that because she is an honorable person and won't force us to do something we are convinced is wrong. So Gandara punishes her and when she won't accept his demeaning alternative to her rightful position, he fires her. The person who said it's our fault because we elected this board was right. Bertha Lopez is an embarrassment. Now Gandara has to tell us everytime he rescinds a RIF notice. We are supposed to be impressed by that when they never should have been handed out in the first place???? The whole shortfall thing was a hoax; we know that now, too. I feel like we are living in the Bush years all over again. The board members are Bush (obviously too stupid to think for themselves with the possible exception of Quinonez and maybe Sandoval), Gandara is Dick Cheney... I never would have agreed to pay that devil $375,000 to get him to leave, but with all the money he has squandered on "inventing" a "job" at the district for Montgomery's ex-principal, paying through the nose to get rid of Karen Janney, paying his crooked lawyer while he provokes as many lawsuits as possible (sounds like there might be some kickbacks going on there), hiring consultant after consultant, etc. in these "lean" times, that now $375,000 seems like chump change for the benefit we would get by getting rid of his horrible, negative influence. 

    There is a board meeting on Monday, April 27th at 5:00 p.m. at (for now) the Sweetwater District Office. Parents, come and speak to this board. Your child's future is at stake.

    Gandara, go home!!!!!!! Board, wake up or get out!!!!!!!!!!
  • This article was great until the last two paragraphs. The County's recommendations were to the district because it is a program improvement district; they were not directed at specific sites. To imply that this is a result of Janney's leadership is misleading at best. The schools under her supervision were improving in their performance. In fact, 2 recently exited from program improvement status: a direct result of her leadership and involvement at the sites. 

    All of the major initiatives that have been successful in recent years(the Strategic Planning Process and the Common Calendar are two) were led by Karen Janney, not Dr. Gandara. The truth is that Gandara is probably threatened by Ms. Janney's competence and the respect she receives from colleagues everywhere.

    Karen Janney is probably one of the most competent, respected educators in the state. To lose her leadership in this district is a tremendous loss. What is the board doing? Remaining silent and allowing Dr. Gandara to dismantle the things that have worked for the district. Change is good; destruction is evil. It is also interesting that all the demotions have involved women. Hmmm?
  • LeadershipHero04/25/2009 01:11 PM
    HEY, UNION TRIB....What happened to investigative reporting? 

    Isn't it curious that 75% of the positions affected by the Sweetwater district re-organization eliminated females over 50; and 80% of the men affected by the re-organization received a promotion? Of the men promoted, 100% have contributed money and company time to promoting school board members. TAKE A LOOK AT THE EVIDENCE! What did some of the board members gain by these moves???????? 

    Has the UT been bought out, too? Where was the story about recent trouble at one of the board member's South Bay businesses? It's been kind of quiet lately....hmmm

    Come on! I know that when new CEOs come on board, they bring with them new senior leaders. That's business. But they don't try to hide this reality by using the previous senior leaders to raise the hopes of the employees about the new administration and then fire the people who have done the work.

    It seems that the character of the Sweetwater district is now built on test scores, not on building contributing citizens. 

    If you are a business owner or home owner in the South Bay....good luck.
  • Not only did Gandara force Karen Janney out, he also forced out another 25 year plus SUHSD veteran and pioneer, Dr. Sally Hawes. Dr. Hawes has been on the cutting edge of educational research for years, and is highly esteemed by her peers. She also is no patsy and would never bow down to Gandara. Shame on Gandara, shame on the Board, and shame on Chula Vista for not re-electing Jaime Mercado.
  • supportexcellence04/25/2009 10:42 AM
    The San Diego County Office of Education supported the firing of Karen Janney???? What the hell business is it of theirs?? I guess it is just as much their business as it was Gandara's business to tell Southwestern College who to fire. I didn't know sdcoe was so caught up in SUHSD politics - what benefit will they get from this?

    Or - did Chris not verify the information? Seems to me a little research would have led him to discover that under Janney's leadership of the Program Improvement schools: 
    1. Sweetwater High was one of only 2 Year 5 PI high schools in the state to exit Program Improvement
    2. Two other high schools met all the PI criteria and are poised to exit this year.

    There is a real story here Chris - too bad you missed it.

    Karen Janney is an excellent administrator, who will now be using her talents to bring about improvement somewhere else. A HUGE LOSS for Sweetwater, and all for political reasons.
  • Chris didn't say that the SDCOE supported her firing he just made a bad choice in where he combined two sentences. He said they suggested a change in the instructional process. However, I do agree that there needs to be more investigation. Usually Chris is extremely good and calling the district out on things they are doing that hurt our students but he has been much more quiet lately. Is it a change at the UT or is the district holding some influence over him. Either way we need to get the media - and more than just the UT more involved in all that is going on. My understanding is that Janney/Carberry have filed a lawsuit. . . if this is so it's public knowledge so why hasn't it been publicized anywhere? More research needs to be done but with all the fear in the air it's not surprising that it hasn't been. . .
  • makeitagreatday04/24/2009 07:36 PM
    Karen Janney has dedicated her career to the staff, students and community of the Sweetwater Union High School District. She graduated from one of the district's high schools. Her record speaks for itself. She is innovative, positive and always thinking of what is best for students. Ask anyone who has worked with her and they will extol her professionalism and leadership. Dr. Gandara, an outsider, comes in and brings the district morale to an all-time low. People are scared. inspiredaily says he is not a man to be feared. I disagree. He has created a climate of apprehension and anxiety in the district office and ever single school in the district! These are tough times. Adversity tries even the best of us. Karen has weathered bad times and has come through shining. Dr. Gandara needs help in this stormy time. Instead of holding on to an invaluable resource, he let Ms. Janney go. SOS!!!
  • GoAwayGandara04/23/2009 10:45 PM
    Let's be fair, maybe Dr.Gandara didn't know how great the former state principal of the year, Karen Janney was, which is why he couldn't really appreciate her. Either he didn't know this, or his wallet was feeling light. Or maybe he felt intimidated by a woman? As for me, I'll be happy when Karen takes this to court and gandara runs back to Texas with his tail between his legs. Please just do us a favor Dr.Evil, GO AWAY!!! ...and leave every penny you stole from us, unless being a snake and a coward is in your job description. And boardmembers, shame on you for allowing this to happen, you're just as guilty. Where is the accountability? Kids First!!!
  • standforsomething04/23/2009 09:55 PM
    You are not JustaTeacher – you are a very insightful one. We do need the Jaime Mercados, who care about our community and students, back on the Board to rein in Gandara’s reckless abuse of power. His reprehensible actions will more than likely cost the district and the tax payers a hefty amount in litigation. The community does need to wake up to the reality of the mess Gandara and his Board has gotten the school district in. If Gandara has his way, in a buyout of his contract, he will have the last laugh as he meanders his way back to Texas with his pockets full of cash.
  • AnotherTeacher04/23/2009 07:53 PM
    Dr. Gandara has not been to my site in several months and has never been in my classroom. He appears to be completely unaware of the problems at my site where Ms. Janney worked effectively to improve our school . Dr. Gandara's willingness to put district office politics ahead of school improvement has become legendary as teachers from other sites share their experiences that suggest an absence of confidence and a growing sense of misdirection from Sweetwater Union High School District's district office.
  • Gandara is completely out of control but the public takes some responsibility for this as the only one who would stand up to him was Jaime Mercado and he was voted out of his position. Gandara has made sure his board is full of yes "men" and those who bow to the men in order to get by. SUHSD has for years been promoting latino males (and the token female) regardless of skill or results. When one questions this they are accused of being racist and reprimanded - by the Latino males in charge. The district is more diverse than most realize and having principals east of 805 who can barely speak English is an embarrassment. A petition will soon be completed showing no-confidence in Gandara but it needs to go beyond that and board members need to be recalled. This is every voters right, but voters then must think before they vote and put people like Mercado back on the board if our schools are going to prosper and our students are going to be successful. If we don't want to spend the money to buy out Gandara (which is obviously what he wants) then recall the board members and get an anti-Gandara board and with no cost to the district we can retake control. Remember Gandara has no ties to our community - his family doesn't live here, his car isn't registered here, he is making over a quarter million a year and yet renting a condo for 1500 a month, he has no longer term commitments to our community or long term plans to stay. It's time for the board to regain control. He is only as strong as his board lets him be.
  • Well, the district has done it again. One of Dr. Brand's first actions as superintendent was to demote a significant number of female administrators. Our most recent victims, Ms. Janney, Ms. Lawlor, and Dr. Carberry are at the very least in very good company. Dr. Brand then began a hiring spree of predominantly hispanic men--many of whom made weighty contributions to the campaign funds of Dr. Brand's favored board members. The practice became so common place that aspiring administrators who wanted an AP slot were advised to attend campaign parties and to contribute freely. Doing some research into this matter revealed that one such individual contributed over $3000 to the campaign of one of our current board members. This practice of dazzling board members with campaign monies continues today with contributions from the Seville Group who is now, not surprisingly, our new manager for the bond-funded building projects. So, wonderful! We now have the best board and administrators that money can buy. Never mind that there are dozens if not hundreds of eligible professionals in SUHSD and elsewhere who can't stomach the politics, are tired of being told that they are of the incorrect gender or ethnicity, and that they speak the incorrect language. Those with skill and knowledge and a proven track record need not apply at Sweetwater.
  • As a person that has worked with Karen Janney, I think they really made the wrong call here. Actually when I say "they", I really mean Dr. Gandara. I do not believe that County Office of Education made that call. She has never had a bad evaluation and was not given any reason to believe she wasn't fulfilling 100% of her job. Something very political is going on in Sweetwater and once again the students will pay the price for these poor decisions. Why is the Board of Education allowing this to happen? I thought they were a checks and balances system.
  • Karen Janney is a woman that has been clearly ascending to the heights of the educational profession until she was derailed by Gandara and the Sweetwater Union High School District Board members. She is a tremendous motivator and charismatic leader that, even in her absence, continues to inspire countless teaching professionals in the district to do more than what is expected to prepare students for the challenges that lie ahead in life. The events that have transpired in the district over the course of the past several months are an absolute travesty. Many educators and staff members in the district are upset and disillusioned with the promises of better days ahead that Gandara made when he accepted the position as superintendent 3 years ago. 

    Gandara is not a man to be feared, rather a man to be pitied because of his obvious inability to work with other professionals that dare to have an intelligent opposing viewpoint, wear a skirt, and be Caucasian (White, not of Hispanic decent). News flash: Sweetwater Union High School District has work to do in terms of racial and gender equity given the stark under-representation of minorities in its Hispanic majority district. 

    His fear monger tactics have finally reached a crescendo of epic proportions. Gandara has come to realize the unbridled power the Sweetwater Union High School District Board has bestowed upon him. The school district needs Karen Janney and Dr. Dianna Carberry’s curriculum leadership as it continues the struggle to escape California Program Improvement status. Parents need to pay attention because ultimately these decisions are going to affect their children’s lives.
  • Pure politics is at play here. The district administration is more concerned with the advancement of paid cronies over the education of our children. How can you demote/fire a California principal of the year? This is all retribution for the support of the 4x4 system that she worked to create and that the district wants to remove from Montgomery high school. Those of you at the UT need to do some real investigative reporting, instead of advancing administrative comments and positions.
  • You failed to mention what really happen. Dr. Gandara blindsided Karen Janney and Dr. Dianna Carberry. He called them in his office two hours before the board meeting to tell them they would be demoted to principals that night. There was no reason just his reason. This was clearly an act of retaliation from the superintendent to these ladies. You need to investigate why he did this. I would bet it has to do with them not agreeing with him on the laying off of teachers or classified employees. Or could it be the fact that they are both white women? The union needs to find out why so many management employees at the district in the years that Dr. Gandara has been there have either resigned or retired because of him and usually with the minimum of notice. He uses intimation on his management it is either his way or the high way. Most of Sweetwater’s management team walks in fear of him. He doesn’t even follow district policies. Find out why the union keeps calling him on the carpet with his tactics. Sweetwater employee morale is at an all time low. Why can Dr. Gandara break his contract by seeking employment and interviewing for it in Texas and not be accountable for it. Why did he call all the employees at home asking them to take a 2% pay cut which is against the law? Why does he hire consultants to audit the books when they have in house auditors? Why does he hire consultants then allow them to write up their job description and then turn around and hire them? This superintendent is destroying the district one employee at a time. And the sad part is the board that we voted in is allowing it.
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