Where were the School District's lawyers?

An Administrative Law Judge has determined that the Oakland Unified School District unlawfully disbanded its school police department and unlawfully laid off its school police officers when the District entered into an agreement with the City of Oakland to assume policing responsibilities for the district. When the Oakland Police Department assumed policing responsibilities, the District dissolved its own dedicated police department and laid off all of its police officers and their supervisors on December 31, 2001.

"The District, City Council and Mayors office refused to listen to the cries of district employees and community when it made the decision to eliminate its dedicated police department" said Keith Pace, Field Director for the California School Employees Association. "The law was squarely on our side from the outset. The District had no right to contract out the jobs of our members without first fully negotiating the decision with CSEA. Based on the facts and the District's behavior it really was not surprising the decision came down the way it did" said Pace.

CSEA, the largest classified employee union in the nation, filed an Unfair Labor Practice Charge with the Public Employment Relations Board contending that the District had illegally contracted out its members work in violation of the collective bargaining agreement and collective bargaining law. Fred D'Orazio, Administrative Law Judge, agreed with CSEA, concluding that the District had failed to meet and negotiate the decision to contract out work when it elected to replace its own police officers with officers from the Oakland Police Department. Judge D'Orazio's ruling orders the District to reinstate its own police department and to rehire all of the laid off officers making them whole for all lost pay at 7% interest and benefits.

Judge D'Orazio's ruling could cost the District over $2.25 million dollars in the form of retroactive pay including interest and benefits. This cost would be in addition to the cost to restore police equipment that was eliminated after the decision to contract with the District for police services. In addition, the District would still be obligated to fulfill its one (1) million dollar per year financial obligations under the terms of the two (2) year agreement with the City of Oakland. This decision has the potential of costing the district over $4.5 million dollars says Pace.

"CSEA will be making an official demand to the District to restore the department and reinstate our members to duty as expeditiously as possible." said Pace. The District has twenty (20) days from receipt of the decision to appeal Judge D'Orazio's ruling.