School Board meets with Attorney about Coaches Overtime Issue

Special School Board Meeting to Answer Labor Issue

 

By Marty Mayfield

KRTN- Multi-Media

It is very simple the Raton school system is in non-compliance, along with about 50% of the state’s school systems according to Dr. Neil Terhune, of the Fair Standards Labor Act. The matter came to the board’s attention about three weeks ago according to board member Jimmie Saccomano.

School Board members met with the school district’s attorney John Kennedy of Cuddy and McCarthy Law firm for about an hour Tuesday evening in executive session to discuss the matter. Once the board reconvened into open meeting Saccomano told the crowd of some 50+ people that the district was simply not in compliance with the labor laws as regard to hourly personnel who are also coaching. She noted that even if an employee volunteers to coach they are still an employee of the district and they work more than 40 hours in a week no matter what the job is they are subject to be compensated for the overtime.

The attorney even indicated that the employee could not contract with another agency and coach for the district, they are still an employee of the district. Also they could not volunteer and be paid a stipend because they are still an employee of the district. According to the attorney there simply wasn’t a way around being an hourly employee of the district and coaching without overtime.

Dr. Terhune was asked about the timing of the announcement about the matter. He admitted that it wasn’t the best but coach’s contracts are usually signed in the spring and he wanted to let those individuals know before that time that this was in the works. 

The school board listened to the impassioned pleas from not only parents but students as well. The school board all agreed that they would try to find a solution but as board member Beaver Segotta admitted it may not be the answer they, the crowd, wanted.

Student Rhiannon Barela asked the question why are you taking the word of only one attorney why not ask for another opinion? Justin Milano informed the board about a case in Fairfax Virginia where this very thing was overturned. He added why not look into that case to see how it might apply here. Jonathan Liebowitz a National Education Association union representative indicated that the school board was welcome to consult with their legal team as well.  Stevie Medina indicated that this issue came on rapidly and without warning. He added we haven’t been in compliance for several years why not hold off a year and try to work this out and find a real solution to the issue.

It was noted by not just one, but several of the comments that these coaches don’t do this for the money and it isn’t just a coach and student relationship but one of family. Many of these coaches have spent years with these students and built something that has shaped these kids into something that matters. The camaraderie has helped to shape their lives and make them what they are today.  

With no more comments or questions the board reconvened into executive session to discuss other personnel matters.