| Members of TALB file suit alleging CTA takeover violates state code from the Press Telegram Long Beach, California By Kevin Butler, Staff Writer 03/07/2008 "Teachers Association of Long Beach trustee Barbara Kerr Friday denounced a lawsuit filed by members of the teachers union over a takeover by the union's parent organization." [Note: Kerr is good at denouncing. I'll bet her eyes were spitting fire when she did this.] "Twenty-two members of the Long Beach teachers union are asking a state court to invalidate the takeover of the local chapter by its state parent union last October. "The California Teachers Association took over the Teachers Association of Long Beach, then embroiled in an internal leadership struggle, with the aim of restoring "the democratic process" and investigating allegations of financial mismanagement, CTA officials said at the time..." "TALB is a chapter of CTA, and CTA has the right to impose a trusteeship," she said. [Note: So why didn't Kerr take over Chula Vista Educators in 2001-2002? She was informed of criminal actions taken by local union leaders. Instead, she and CTA's head counsel committed felonies to cover up the original misdemeanors.] "The 22 TALB union members on Feb. 25 filed a lawsuit in California Superior Court alleging that the takeover violated California corporations code... "The union members in the lawsuit also argue that they were denied a fair hearing before the CTA Board of Directors on Oct. 18 placed TALB in "trusteeship" under the leadership of former CTA president Kerr..." [Note: Of course they were denied a fair hearing. The board of directors, including Barbara Kerr when she was President, simply does what head legal counsel Beverly Tucker and executive director Carolyn Doggett tells it to do.] "The lawsuit also asks the court to require to move forward an internal election to recall one TALB board member. Kerr halted the recall process when she took over the union. "Two of the plaintiffs - Carrie Jones-Brown and Treva Kelly - were vying to replace TALB board member Patria Daliva, who was the target of the recall effort." [Note: Ah, yes. Protecting people who are in power is a guiding principle for Beverly Tucker and Barbara Kerr (also known as "Barbarly Kerrtuck").] "Also at issue in the lawsuit is the upcoming April 8 school board election in which TALB has endorsed two candidates - Paul Crost and Rosa Diaz - who each are challenging an incumbent. "The members in the lawsuit claim that Kerr has refused to implement the union's "political action program" supporting the two candidates..." [Note: My guess is that these candidates were too independent; Kerr and Tucker and Doggett suspected them of having divided loyalties. In other words, they might put the good of students ahead of the power of the union.] |
| SAN DIEGO EDUCATION REPORT |
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| Former CTA President Barbara Kerr takes over Long Beach affiliate TALB |
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| Executive Director McVarish Resigns By Carla M. Collado After reports earlier this month stated that he had been placed on administrative leave, Scott McVarish resigned last Thursday from his position as executive director of the Teachers Association of Long Beach. McVarish's resignation comes eight months after several members of TALB's board of trustees voted to fire him, accusing him of mishandling union funds and making authoritative decisions without consulting the rest of the board. (Several days after the vote in June 2007, the union's Representative Council voted to reinstate McVarish.) ... Last week, McVarish provided a copy of a letter that Kerr and TALB Deputy Trustee Michael Embree sent him on Wednesday informing McVarish that the financial audit conducted by the firm Hemming Morse "did not make a finding of intentional misconduct or criminal acts on your part." ... "There has been no greater honor than working for the teachers of Long Beach," McVarish said in a release. "I have gotten to know hundreds of teachers as friends and colleagues, not just members of a union. Now that my name is cleared and my critics have been proven wrong, I can move on." McVarish added that he left TALB, after three and a half years at the union, to pursue other interests and to spend more time with his 2-year-old daughter. ... "He did a lot of good things for the Teachers Association of Long Beach," Kerr said of McVarish, "and we value those things and we wish him well. ... McVarish also pointed out in the release that he is the third TALB staff person to leave the union since the CTA takeover. www.gazettes.com/mcvarish22120 - Published on: 2/21/2008 |
2/7/2008
Teachers Association of Long
Beach officials are refusing to
confirm or deny recent reports in
the Long Beach Press-Telegram
saying that TALB Executive
Director Scott McVarish has
been placed on administrative
leave.
...
Some of these allegations
surfaced in June 2007 when
several TALB board members
voted to fire McVarish, accusing
him of misusing union funds and
making authoritative
decisions without consulting
the rest of the board. Several
days after the vote, the union's
Representative Council met and
voted to reinstate McVarish.
[Note: Ah! Now it's clear what
the problem is. The Long
Beach directors take their
job seriously. This is quite
different from Chula Vista
Educators directors, one of
whom told me that she didn't
know the facts about the
lawsuit that she and the rest
of the board refused to
settle.
This director told me she
hadn't even seen the
lawsuit. And she made it
clear that she wanted CVE
presidents Gina Boyd and Jim
Groth to make authoritative
decisions without consulting
the rest of the board.]
That decision fueled ensuing
controversy, arguments and
lawsuits between now-TALB
President Mike Day, McVarish
and their supporters against
nine TALB board members.
www.gazettes.com/mcvarish20720
Teachers Association of Long
Beach officials are refusing to
confirm or deny recent reports in
the Long Beach Press-Telegram
saying that TALB Executive
Director Scott McVarish has
been placed on administrative
leave.
...
Some of these allegations
surfaced in June 2007 when
several TALB board members
voted to fire McVarish, accusing
him of misusing union funds and
making authoritative
decisions without consulting
the rest of the board. Several
days after the vote, the union's
Representative Council met and
voted to reinstate McVarish.
[Note: Ah! Now it's clear what
the problem is. The Long
Beach directors take their
job seriously. This is quite
different from Chula Vista
Educators directors, one of
whom told me that she didn't
know the facts about the
lawsuit that she and the rest
of the board refused to
settle.
This director told me she
hadn't even seen the
lawsuit. And she made it
clear that she wanted CVE
presidents Gina Boyd and Jim
Groth to make authoritative
decisions without consulting
the rest of the board.]
That decision fueled ensuing
controversy, arguments and
lawsuits between now-TALB
President Mike Day, McVarish
and their supporters against
nine TALB board members.
www.gazettes.com/mcvarish20720
| www.presstelegram.com 8/17/2007 The past ties were discussed in a letter sent this week to hundreds of teachers by union board members who want to see Executive Director Scott McVarish fired. The letter cites allegations that while working at a prior position in the South Bay, McVarish impeded a Centinela Valley Union High School District investigation into potential teacher misconduct in 2003. ... That letter alleges that McVarish impeded the district's probe of allegations that faculty chaperones on a Model UN field trip in 2003 consumed alcohol in the presence of students and while on duty. ... McVarish was executive director of the South Bay United Teachers, a coalition of four South Bay teachers unions, including the Centinela Valley district. ... The TALB board members also state that McVarish had denied "any knowledge about Ellis' past episodes of drinking when Ellis was arrested for driving under the influence" in February in Orange County. ... In their letter, board members said they were "dismayed" to learn about the allegation in Centinela Valley in light of McVarish's support for Ellis' candidacy in the 2006 school board election. McVarish and TALB President Michael Day "are now spending thousands of TALB dollars in mailers and hall rentals in an attempt to rehabilitate McVarish's image and provide him with a showplace," the board members wrote. ... "TALB's funds were precariously depleted by McVarish" in the campaigns for Ellis and Gerrie Schipske, the union's general counsel who successfully ran for Long Beach City Council in 2006. ... "While TALB money and time are being spent by McVarish on his image, the substantive TALB work remains undone," the letters states. In an interview, board member Dale McVey said that the Centinela Valley district's letter "exemplifies our deep concerns about McVarish (being) present at TALB and more or less running TALB." ... "TALB cannot afford Mr. McVarish, financially and ethically," said McVey, who signed the message to teachers. ... McVarish on Thursday hung up the phone a few seconds after answering a call from the Press-Telegram seeking comment. ... Shadur wrote that McVarish had "purposely disrupted" district interviews with student witnesses who were on the field trip "by convincing students not to cooperate with the district." ... Shadur asked that the recipients ensure that McVarish behave more appropriately. ... Ellis at the time was bargaining unit president of the Centinela Valley Secondary Teachers Association, one of four unions that McVarish served as executive director. ... In response, McVarish became "surly and argumentative," she wrote. Because he "refused to bend," the district "had no choice but to suspend the interview," the letter states... www.presstelegram.com/news/ci_ |
| TALB cannot afford BARBARA KERR, financially or ethically. |
| 4362 Atlantic Ave. Long Beach, CA 90807 USA Website: www.talb.org Phone: (562) 424-9352 The Teachers Association of Long Beach represents 5,000 members in the city's school districts... South Bay United Teachers |
Intercepts A listening post monitoring education and teachers' unions. "We've Called the Police" ...Teachers picket and take their noisy protest inside the building. Office doors are locked against them. The police are called. Just another labor action? Though the tactics are familiar, the target was unusual. This protest was at the headquarters of the Teachers Association of Long Beach in California. Watch the highly entertaining QuickTime video on the web site of the Long Beach Press Telegram. Posted by Mike Antonucci on Thursday, June 07, 2007 at 07:53 |
| Just curious..How much is Barbara Kerr being paid? Problems found with TALB books By Kevin Butler, Staff writer 03/11/2008 LONG BEACH - A financial audit of the Teachers Association of Long Beach found "egregious" deficiencies, including unauthorized political campaign spending, check-signing and changes to employee compensation at the teachers union, according to an executive summary obtained by the Press-Telegram Tuesday. The California Teachers Association, which took over its Long Beach chapter last October amid allegations of financial mismanagement, hired auditing firm Hemming Morse, Inc., to look at the books and conduct employee interviews regarding fiscal years ending in 2006 and 2007. The audit's March 10 executive summary stated that "due to the lack of control and oversight of the TALB liabilities, the budgeting process was not effective, cash flow was not well managed and certain accounts payable became excessively delinquent." Barbara Kerr, whom the CTA placed in charge of TALB as trustee, said that there have been significant changes in financial procedures at the union to correct the problems. "We've done everything that was recommended and more to make sure that the procedures are above reproach," she added. Certain TALB board of directors members, prior to the CTA takeover, cited allegations of financial mismanagement as justification for their voting June 5 to fire controversial TALB Executive Director Scott McVarish. McVarish, who was reinstated shortly after his firing and resigned his TALB position last month, has denied any wrongdoing. He could not be reached for comment. In a signed note to McVarish, Kerr and deputy trustee Michael Embree wrote that the audit "did not make a finding of intentional misconduct or criminal acts on your part." The executive summary, which did not mention any names, was particularly critical of the union's handling of cash deposits, stating that there was a lack of supporting documentation and oversight. Bank reconciliations were not consistently performed and "did not always reconcile to the general ledger," the summary stated. Kerr said that the audit did not find that money was missing from union accounts. Checks were signed by "an unauthorized TALB executive," and members of management sometimes approved and signed their own checks, the summary said. "It also is suspected that certain checks were forged by a former clerical staff person," the summary stated. The union's compensation practices also were scrutinized by Hemming Morse, which noted that there were unauthorized changes made to employee compensation. Personnel files often lacked proper documentation relating to salary changes, auditors wrote. In addition, executive compensation "was not in accordance with employee agreements which, on the occasions when there was more than one agreement, were subject to competing interpretations," the summary read. Exceptions were made to allow payroll advances and payment of excess vacation in violation of union policy and without first seeking TALB board approval, according to the document. The expense approval process also came under fire in the executive summary, which stated that in many cases no formal expense report was used. Many expenses did not go through a proper approval process, and many reimbursed expenses lacked supporting documentation, according to the document. There was "little control over the use and access to the TALB credit cards," the summary stated. The summary also discussed the financial management of the union's campaign expenditures in the 2006 elections. TALB spent money on three endorsed school board candidates, two of whom - David Barton and Michael Shane Ellis - won seats on the Long Beach Board of Education. The campaign expenses exceeded the budgeted amounts without approval by the TALB board or the Representative Council, another union governing body, the firm found. There "was poor record management of the campaign funds and expenditures made," the summary said. In order to fund the school board campaign expenses, the union took out three loans from banks, according to the document. The loans were repaid in part with funds from a special assessment on teachers' paychecks earmarked to fund campaign expenses for the upcoming April 8 school board elections, the audit stated. Those loans will be "paid off very soon," Kerr said. http://www.presstelegram.com/search/ci_8538847?IADID=Search-www.presstelegram.com-www.presstelegram.com |
| CTA still leading teachers union Statewide union's board of directors votes for continued TALB oversight as dispute over finances continues. By Kevin Butler 11/15/2007 LONG BEACH - The California Teachers Association, which nearly a month ago took over the conflict-ridden Long Beach teachers' union, has decided to continue its supervision of the chapter but pledged to restore local control as soon as possible. The board of directors of the statewide organization late Wednesday voted to continue the "trusteeship" of the Teachers Association of Long Beach, which since June has seen a heated, public split in its leadership. The statewide union on Oct. 18 took control of TALB and placed former CTA President Barbara Kerr in charge as "trustee." The CTA board on Wednesday did not attach a specific timeline to the trusteeship but pledged to restore local control as soon as possible, Kerr told the Press-Telegram on Thursday. The CTA board determined that the trusteeship was needed to protect the integrity of TALB, ensure fiscal solvency and guarantee "democratic processes for all its members," Kerr said... McVarish and TALB president Michael Day, a McVarish supporter, before the CTA takeover exchanged public criticisms with the group of board members who supported McVarish's ouster. Part of those exchanges focused on the state of TALB finances. A group of TALB board members in September sent a message to members stating that the union was insolvent, an allegation Day denied. The board members' criticism centered partly on a nearly $394,000 sum that TALB owes the Long Beach Unified School District to reimburse salary and benefits expenses for teachers who were granted release time to work for TALB. Under a long-standing arrangement, teachers who are released by the district to work directly for TALB have their salaries and benefits paid by the district so that they don't lose any years-of-service credits in the state's teacher retirement system. TALB is responsible for reimbursing the district for those salary and benefit expenses. TALB board members before the CTA takeover expressed concern about whether the union could pay the sum given the union's fiscal condition. Day in an Aug. 28 letter to union representatives wrote that TALB ended the last fiscal year with an approximately $125,000 deficit. District officials have said that due to an oversight, the district failed to send TALB a bill for the 2005-06 release-time expenses during that school year. During an interview with the Press-Telegram in early October, McVarish said the bill would be paid by Oct. 15. A month after that date, the bill remains unpaid, according to LBUSD officials. Kerr said that she and the union's finance committee are examining TALB finances and that she is in discussions with LBUSD Superintendent Chris Steinhauser regarding the bill. "All TALB bills will be paid," she said. The union is undergoing a "forensic audit" as part of an investigation into the allegations of financial mismanagement. Separate from that audit, the union's finance committee, with the help of a CTA staff member, is reviewing the union budget, she said. Recently, five CTA board members held a series of hearings in Long Beach to listen to teachers' concerns about the state of the union. Kerr said that at the hearings - which were closed to the media - many teachers said they desire a strong union and want the district to treat them with respect... kevin.butler@presstelegram.com, 562-499-1308 http://www.presstelegram.com/search/ci_7476632?IADID=Search-www.presstelegram.com-www.presstelegram.com |
| CTA attorney Michael D. Four Lawyer said McVarish firing legal Union attorney said leader's June firing was for `just cause.' By Kevin Butler, Staff writer 2/12/2008 LONG BEACH - A lawyer affiliated with the California Teachers Association in June advised that the firing that month of Long Beach teachers union leader Scott McVarish was done legally and for "just cause," according to a declaration by the then-president of the Teachers Association of Long Beach in a lawsuit. Tony Diaz was union president on June 5 when the TALB board of directors voted to fire executive director Scott McVarish, causing a rift in the union that eventually led the CTA - the state union - to take over its Long Beach chapter in an effort to restore order. The legality of McVarish's firing - and his subsequent reinstatement - has been a central issue in the controversy, which has pitted McVarish and current union president Michael Day against nine board members seeking the executive director's ouster. When the board met behind closed doors June 11, "a lawyer assigned to TALB by the California Teachers Association told the TALB board of directors that our termination of Scott McVarish's employment was legal and for just cause," according to Diaz's sworn declaration filed in October in Los Angeles Superior Court. "TALB received no legal opinion to the contrary," added Diaz, whose term as president ended when Day took over the post July 1... Diaz and the CTA-affiliated attorney, Michael D. Four, declined to comment. According to Day's testimony in a Nov. 29 deposition, CTA had contracted with Four's firm - Schwartz, Steinsapir, Dohrmann and Sommers... Barbara Kerr, whom the CTA has placed in charge of the 4,800-member union, said she was "not ready to talk about" the series of events leading to McVarish's firing or the legality of his termination... Day, who at the time was TALB president-elect, wrote in a June 17 e-mail to union members that McVarish's firing was illegal. Day and other McVarish supporters have claimed that the firing - upheld by another board vote at the June 11 meeting - violated McVarish's employment contract, which provides for progressive discipline and termination only for "just cause." Day attended the June 11 board meeting at which that the legal advice of the CTA's attorney was shared, Diaz wrote. Libel lawsuit filed Diaz's declaration came in a lawsuit brought by TALB board member Dale McVey against Day in August. The suit alleges that Day libeled and slandered McVey in e-mails and other communications criticizing his tenure as a board member. Although Diaz is not a party to the lawsuit, he entered a declaration in support of McVey's effort to strike a legal motion by Day's attorney... The executive sessions, which also are occasionally attended by professional union staff and specified guests, are generally not open to all rank-and-file TALB members... Day in his Nov. 29 deposition said that at the June 5 meeting some board members criticized McVarish's decision the previous month to allow TALB general counsel Gerrie Schipske to cash out five days of vacation. Some board members felt that McVarish should have sought board approval before authorizing such payments. They believed that by granting the vacation payout, McVarish was inappropriately setting union policy without first consulting the board... Day in his deposition also acknowledges that some board members were upset about a statement McVarish allegedly made at an April board meeting that he didn't trust board members... |
TALB libel and slander suit moving
forward
Superior Court judge refuses to throw
out case against union president.
By Kevin Butler, Staff writer
12/18/2007
A Los Angeles Superior Court judge on
Tuesday allowed to move forward a libel
and slander lawsuit filed by a member of the
Long Beach teachers' union board of
directors against the union's president.
Dale McVey, a board member of the
Teachers Association of Long Beach, in
August filed a lawsuit alleging that
union president Michael Day libeled
and slandered him in e-mails and other
communications criticizing McVey's
tenure as a board member.
Day had asked Judge Tracy Grant of the
San Pedro Courthouse to toss out the
lawsuit, arguing that it infringes on Day's
free-speech rights.
Day argued that he had reasonable
grounds to believe that his comments were
true. He also claimed that McVey could not
meet a legal burden of showing a
reasonable probability of prevailing in the
lawsuit.
At a hearing Tuesday, Grant rejected Day's
motion and allowed the lawsuit to proceed.
Many of Day's alleged statements
concern the board's controversial
decision June 5 to fire TALB executive
director Scott McVarish - an action Day
opposed and McVey supported.
McVarish shortly afterward was reinstated
to his position by a vote of the TALB
Representative Council, a
decision-making body of teachers
elected at school sites. He remains on
the job.
The controversy, which has pitted Day
and McVarish against nine board
members, led the state union - the
California Teachers Association - to
take over its Long Beach chapter in
October in an effort to restore order.
Day's attorney, Glenn Rothner, said he
would appeal the decision, adding that
he has "excellent grounds for a
reversal."
Barbara Kerr, whom CTA has placed in
charge of TALB, declined to comment on
the litigation.
McVey said he was pleased with Tuesday's
outcome.
"I think it was a fair and just decision," he
said.
McVey said that Kerr told him last
month that CTA is paying for Day's legal
expenses - a move that McVey
opposes.
"I have been a dues-paying member of
TALB and CTA for nearly 20 years," McVey
said. "I find it offensive that CTA is using
teachers' money, including my own, in
funding Day's litigation for his wrongdoings.
I only hope that they will come to their
senses and direct Day to take responsibility
for what he did," McVey added.
Rothner declined to comment on the
allegation that CTA is paying for his
services. Day referred all questions to
his attorney.
forward
Superior Court judge refuses to throw
out case against union president.
By Kevin Butler, Staff writer
12/18/2007
A Los Angeles Superior Court judge on
Tuesday allowed to move forward a libel
and slander lawsuit filed by a member of the
Long Beach teachers' union board of
directors against the union's president.
Dale McVey, a board member of the
Teachers Association of Long Beach, in
August filed a lawsuit alleging that
union president Michael Day libeled
and slandered him in e-mails and other
communications criticizing McVey's
tenure as a board member.
Day had asked Judge Tracy Grant of the
San Pedro Courthouse to toss out the
lawsuit, arguing that it infringes on Day's
free-speech rights.
Day argued that he had reasonable
grounds to believe that his comments were
true. He also claimed that McVey could not
meet a legal burden of showing a
reasonable probability of prevailing in the
lawsuit.
At a hearing Tuesday, Grant rejected Day's
motion and allowed the lawsuit to proceed.
Many of Day's alleged statements
concern the board's controversial
decision June 5 to fire TALB executive
director Scott McVarish - an action Day
opposed and McVey supported.
McVarish shortly afterward was reinstated
to his position by a vote of the TALB
Representative Council, a
decision-making body of teachers
elected at school sites. He remains on
the job.
The controversy, which has pitted Day
and McVarish against nine board
members, led the state union - the
California Teachers Association - to
take over its Long Beach chapter in
October in an effort to restore order.
Day's attorney, Glenn Rothner, said he
would appeal the decision, adding that
he has "excellent grounds for a
reversal."
Barbara Kerr, whom CTA has placed in
charge of TALB, declined to comment on
the litigation.
McVey said he was pleased with Tuesday's
outcome.
"I think it was a fair and just decision," he
said.
McVey said that Kerr told him last
month that CTA is paying for Day's legal
expenses - a move that McVey
opposes.
"I have been a dues-paying member of
TALB and CTA for nearly 20 years," McVey
said. "I find it offensive that CTA is using
teachers' money, including my own, in
funding Day's litigation for his wrongdoings.
I only hope that they will come to their
senses and direct Day to take responsibility
for what he did," McVey added.
Rothner declined to comment on the
allegation that CTA is paying for his
services. Day referred all questions to
his attorney.
| Compare and contrast: TALB and CVE In Chula Vista Educators (CVE) a board member also accused the affiliate president of besmirching her reputation. But Joyce Abrams quickly fell into line behind Jim Groth (who is now on CTA's Board of Directors) and Barbara Kerr, and helped them both cover up crimes against a fellow teacher whose reputation was seriously besmirched. (Teacher Robin Donlan convinced two teachers that they should call up the district office and claim that teacher Maura Larkins might kill them.) This sort of besmirching didn't bother Joyce Abrams one bit, because she refused to think about it, and rubber-stamped anything that presidents Gina Boyd, Jim Groth and CTA lawyers wanted to do. Yes, there is hypocrisy among union leaders. |
Michael D. Hersh
Firm: California
Teachers Association
Address: 11745 E
Telegraph Rd
Santa Fe Springs, CA
90670-3676
Phone: (562) 942
7979
Fax: (562) 949-6518
Firm: California
Teachers Association
Address: 11745 E
Telegraph Rd
Santa Fe Springs, CA
90670-3676
Phone: (562) 942
7979
Fax: (562) 949-6518
TALB's McVarish resigns as leader
By Kevin Butler
02/14/2008
LONG BEACH - Scott McVarish, whose tenure as executive
director of the Long Beach teachers union was marked by a
heated leadership split, resigned from his position Thursday,
officials with the California Teachers Association announced.
McVarish, who had served as executive director of the Teachers
Association of Long Beach since 2004, said he was leaving to
pursue other interests, such as spending more time with his
30-month-old daughter...
TALB appreciates McVarish's work on behalf of the union's nearly
5,000 members and wishes him well, said Barbara Kerr, whom the
CTA placed in charge of TALB as trustee in October. The union is
seeking an interim replacement for McVarish, she added.
"Scott has resigned, and we are moving on, and we thank him for
all he's done," Kerr said.
A leadership split during McVarish's tenure grew so heated that
the statewide union - the CTA - took over the Long Beach chapter
in October in an effort to restore stability...
He recently was placed on administrative leave, with pay, while
union leaders reviewed the results of an audit of union finances.
The CTA ordered the audit as part of an effort to investigate
allegations of financial mismanagement at the Long Beach
chapter.
McVarish on Thursday released a note Kerr and deputy
trustee Michael Embree addressed to him stating that the
audit "did not make a finding of intentional misconduct or
criminal acts on your part."
In his news release, McVarish stated that he resigned a
day after he received that news from CTA.
"Now that my name is cleared and my critics have been
proven wrong, I can move on," he added.
Kerr told the Press-Telegram that the audit did not find that
McVarish had committed any intentional misconduct or criminal
acts.
But she said that the audit, based on a review of the union's
books and procedures in the last two years, found that "egregious
mismanagement" had occurred.
When asked what role, if any, McVarish had in the alleged
mismanagement, Kerr said: "The executive director is responsible
for overseeing the finances and the staff...
...During his tenure, the union became more assertive in its
dealings with the school district. In 2006, they backed and elected
two Long Beach school board candidates - Michael Shane Ellis
and David Barton.
Bob Joplin, first vice president of TALB, said that he was
"disappointed" to hear McVarish was leaving...
TALB board member Marc Hyatt, who had supported McVarish's
ouster, said he welcomed the news. "I am thrilled that Mr.
McVarish has resigned, and I believe that his comments are a
deliberate distortion of the facts," he said...
Long Beach school board member Jon Meyer, who has been
openly critical of McVarish, said that "it's time to move
forward."...School board member David Barton said he was
unaware of the resignation when contacted early Thursday.
...TALB general counsel Gerrie Schipske, who also serves
on the Long Beach City Council, declined to comment.
Legal advice disputed
Kerr's letter to McVarish also said that contrary to a legal
declaration filed by then-TALB president Tony Diaz, a
CTA-affiliated attorney at the time "did not state that your
termination in June 2007 was for `just cause."'
Diaz filed the declaration in a libel lawsuit that a TALB board
member, Dale McVey, brought against the current union
president Michael Day.
Diaz's declaration centered on the alleged statements of a
CTA-hired attorney at a June 11 meeting in which board members
voted to reaffirm their decision to fire McVarish.
Diaz wrote that when the board met behind closed doors
that day, "a lawyer assigned to TALB by the California
Teachers Association told the TALB board of directors that
our termination of Scott McVarish's employment was legal
and for just cause."
McVey said that he recalls that the CTA-hired attorney,
Michael Four, said the firing was legal and for "just cause."
"I have no idea why somebody not present at that meeting
would state something to the contrary," McVey said of
Kerr...
Kerr said that those in attendance may have different
recollections of the discussion on June 11. She said that
CTA officials made a "strong recommendation" that McVarish be
placed on leave at that time.
Kerr, who did not attend the June 11 meeting, said that she
based her statements in the letter concerning Four on
conversations with CTA officials...
http://www.presstelegram.com/ci_8266728
By Kevin Butler
02/14/2008
LONG BEACH - Scott McVarish, whose tenure as executive
director of the Long Beach teachers union was marked by a
heated leadership split, resigned from his position Thursday,
officials with the California Teachers Association announced.
McVarish, who had served as executive director of the Teachers
Association of Long Beach since 2004, said he was leaving to
pursue other interests, such as spending more time with his
30-month-old daughter...
TALB appreciates McVarish's work on behalf of the union's nearly
5,000 members and wishes him well, said Barbara Kerr, whom the
CTA placed in charge of TALB as trustee in October. The union is
seeking an interim replacement for McVarish, she added.
"Scott has resigned, and we are moving on, and we thank him for
all he's done," Kerr said.
A leadership split during McVarish's tenure grew so heated that
the statewide union - the CTA - took over the Long Beach chapter
in October in an effort to restore stability...
He recently was placed on administrative leave, with pay, while
union leaders reviewed the results of an audit of union finances.
The CTA ordered the audit as part of an effort to investigate
allegations of financial mismanagement at the Long Beach
chapter.
McVarish on Thursday released a note Kerr and deputy
trustee Michael Embree addressed to him stating that the
audit "did not make a finding of intentional misconduct or
criminal acts on your part."
In his news release, McVarish stated that he resigned a
day after he received that news from CTA.
"Now that my name is cleared and my critics have been
proven wrong, I can move on," he added.
Kerr told the Press-Telegram that the audit did not find that
McVarish had committed any intentional misconduct or criminal
acts.
But she said that the audit, based on a review of the union's
books and procedures in the last two years, found that "egregious
mismanagement" had occurred.
When asked what role, if any, McVarish had in the alleged
mismanagement, Kerr said: "The executive director is responsible
for overseeing the finances and the staff...
...During his tenure, the union became more assertive in its
dealings with the school district. In 2006, they backed and elected
two Long Beach school board candidates - Michael Shane Ellis
and David Barton.
Bob Joplin, first vice president of TALB, said that he was
"disappointed" to hear McVarish was leaving...
TALB board member Marc Hyatt, who had supported McVarish's
ouster, said he welcomed the news. "I am thrilled that Mr.
McVarish has resigned, and I believe that his comments are a
deliberate distortion of the facts," he said...
Long Beach school board member Jon Meyer, who has been
openly critical of McVarish, said that "it's time to move
forward."...School board member David Barton said he was
unaware of the resignation when contacted early Thursday.
...TALB general counsel Gerrie Schipske, who also serves
on the Long Beach City Council, declined to comment.
Legal advice disputed
Kerr's letter to McVarish also said that contrary to a legal
declaration filed by then-TALB president Tony Diaz, a
CTA-affiliated attorney at the time "did not state that your
termination in June 2007 was for `just cause."'
Diaz filed the declaration in a libel lawsuit that a TALB board
member, Dale McVey, brought against the current union
president Michael Day.
Diaz's declaration centered on the alleged statements of a
CTA-hired attorney at a June 11 meeting in which board members
voted to reaffirm their decision to fire McVarish.
Diaz wrote that when the board met behind closed doors
that day, "a lawyer assigned to TALB by the California
Teachers Association told the TALB board of directors that
our termination of Scott McVarish's employment was legal
and for just cause."
McVey said that he recalls that the CTA-hired attorney,
Michael Four, said the firing was legal and for "just cause."
"I have no idea why somebody not present at that meeting
would state something to the contrary," McVey said of
Kerr...
Kerr said that those in attendance may have different
recollections of the discussion on June 11. She said that
CTA officials made a "strong recommendation" that McVarish be
placed on leave at that time.
Kerr, who did not attend the June 11 meeting, said that she
based her statements in the letter concerning Four on
conversations with CTA officials...
http://www.presstelegram.com/ci_8266728
| CTA Attorneys |
Michael David Four
Bar Number 100711
Address Schwartz
Steinsapir et al LLP
6300 Wilshire Blvd
#2000
Los Angeles, CA,
90048-5202
(323) 655-4700
Fax Number (323)
655-4488
District 7
Undergraduate
School Univ of
California Berkeley;
Berkeley CA
Law School Loyola
Law School; Los
Angeles CA
Sections Labor &
Employment
12/1/1981 Admitted
to The State Bar of
California
Bar Number 100711
Address Schwartz
Steinsapir et al LLP
6300 Wilshire Blvd
#2000
Los Angeles, CA,
90048-5202
(323) 655-4700
Fax Number (323)
655-4488
District 7
Undergraduate
School Univ of
California Berkeley;
Berkeley CA
Law School Loyola
Law School; Los
Angeles CA
Sections Labor &
Employment
12/1/1981 Admitted
to The State Bar of
California
| Gazettes.com June 21, 2007 Teachers Vote TALB’s Chief Back To Office By Carla M. Collado In response to a controversial June 5 vote by the board of the Teachers Association of Long Beach to fire executive director Scott McVarish, the union’s Representative Council held a special meeting on Friday and voted to reinstate him. “It’s a great day for TALB,” McVarish said on Monday, his first day back in his office since the firing. About 75 members of the Representative Council — which consists of more than 200 teachers — and 25 other TALB members came out to the meeting to show support for the ousted director. The vote was 68-1 in favor of reinstating McVarish, according to TALB President-elect Michael Day. Day led the meeting in the absence of TALB President Tony Diaz, who was away on vacation. Since the TALB board of directors met on June 5 and decided to fire McVarish, union members have protested the decision, claiming it was done in violation of McVarish’s contract and his right to due process. McVarish at the time told the Press-Telegram he had not been notified of his termination. Day sent an e-mail to fellow union members that said the vote was carried out illegally by a few board members. He added that there was no prior notice, no evidence presented and no just cause or due process. Diaz has declined to comment on the board’s vote, since it had to do with personnel matters. He could not be reached for comment on this story. Despite published reports quoting Diaz as saying Friday’s meeting was illegitimate, the issue seemed to be cleared up by Monday morning. McVarish said Diaz welcomed him back to work, handing him the keys to his office — McVarish had been locked out of his office after the June 5 vote — and reaffirming his position as executive director. McVarish said it was gratifying to get more than 200 e-mails from teachers supporting him, and to see close to 300 different people come out to protest his firing. “I didn’t know they would come out like that,” McVarish said. “It makes me want to redouble my efforts to help out these teachers.” Since the firing, published reports have suggested that one of the main reasons leading to his termination was because of his tendency to carry out TALB actions without notifying or consulting the rest of the board. McVarish has said he never was approached by fellow board members regarding any problems. “I enjoyed the ride,” McVarish said. “I love how it was done, by grassroots organizing by members and reps who overturned a bad decision by the powers-that-be.” He added that it’s common in unions for the outgoing board members to “mess with” the incoming president. (A new TALB board takes over July 1.) Both he and Day have named TALB second vice president Marc Hyatt — who recently lost to Day in the presidential election — as the person responsible for bringing forward the vote to fire McVarish. But rather than dividing the union, McVarish said Hyatt’s move has had the reverse effect, unifying and strengthening union members. “This is the best thing that could’ve happened,” he said. Day said the fact that 75 Representative Council members came out on a Friday afternoon for the special meeting speaks volumes. He hesitated to make predictions about what the future of the TALB board will bring. “I hope that whatever decision individual board members make, it’s with our members in mind É (for) good salaries and benefits and a better contract.” Hyatt could not be reached for comments on this story. http://www.talb.org/Gazettes.com%20-%20talb%2006212007.htm |
"...TALB general
counsel Gerrie
Schipske, who also
serves on the
Long Beach City
Council, declined
to comment."
counsel Gerrie
Schipske, who also
serves on the
Long Beach City
Council, declined
to comment."
| "McVey said that he recalls that the CTA-hired attorney, Michael Four, said the firing was legal and for "just cause." "I have no idea why somebody not present at that meeting would state something to the contrary," McVey said of Kerr... "Kerr said that those in attendance may have different recollections of the discussion on June 11." "...Kerr, who did not attend the June 11 meeting, said that she based her statements in the letter concerning Four on conversations with CTA officials..." |
"[Glenn] Rothner
declined to comment
on the allegation that
CTA is paying for his
services. Day
referred all
questions to his
attorney."
declined to comment
on the allegation that
CTA is paying for his
services. Day
referred all
questions to his
attorney."