Hello All! Just to bring you all up to date on this fast-moving situation:
The LCSD MEMO dated Tues Oct 29th sent from Patricia Bonura by email from Rich Kollar was not in compliance with the Election Law which provides employees the right to take time off from work to vote on election day. I forwarded that memo immediately to Tammy our NYSUT Labor Relations Specialist, and NYSUT Legal. It was a problem for a few reasons.
1) It was a blanket denial -- I'm paraphrasing: "Don't even ask because we are going to deny all requests." This is not in compliance with the law which states that employees must NOTIFY (not request) the district individually about their need for time to go vote.
2) It cites advice from counsel, but when NYSUT attorney contacted the district's legal counsel, they had not seen it nor given that advice. (according to what their attorneys told our NYSUT attorney.)
SO The district was directed by their own attorneys to rescind and or retract it, which they have now done, followed up with a bulletin earlier today.
This bulletin still seems to be treating this as a by request matter, but has at least provided direction for how/who to notify in writing via email to Dr Lonergan directly. When he says that, he generally means a signed letter attached to an email. Not just an email.
So tomorrow is 2 school days in advance. Anyone wishing to take time should follow his guidelines and notify him by tomorrow in writing attached to an email of their intent. I am attaching here for you 2 sheets. Election law 3-110 AND a sheet that explains the employees' rights.
NYSUT has been very clear with me that this is a notification to the district, not a request.
The irony is that prior to their initial memo, they had received exactly 3 requests for time. Now that they have created this whole issue about it, they are likely to receive a lot more.
The new bulletin has also been sent to our NYSUT counsel and they are looking at it to see if more action is required. If YOU notify and are denied, please forward the denial to me so that I can share it with our NYSUT attorney. Thank you all.
Another example of something that did not need to go this way at all. If you have further questions please call the MITA office 631 698 9100 or just email me.