For Immediate Release Contact: Lantz Simpson

September 20, 2000 (310)434-4394

Santa Monica Faculty Association Appeals Ruling on 50% Law
Outcome Would Have Statewide Impact

 
On September 12, the Santa Monica College Faculty Association filed a lawsuit in Superior Court in response to the ruling by the State Chancellor of Community Colleges regarding Santa Monica College’s violations of the 50% law. The law, Education Code §84362, requires that community colleges spend no less that 50% of their general fund on instruction. The State Chancellor ruled that the College did violate some aspects of the law in the 1998-99 fiscal year but made no ruling on the Association’s allegations that the College District failed to meet this standard since the 1995-96 fiscal year. The Association is filing its lawsuit in order to force consideration of the previous years’ violations.

Lantz Simpson, President of the Faculty Association said, "The Chancellor’s ruling vindicated our position. At the same time, he ignored the history and pattern of violation. This lack of enforcement leaves us no choice but to appeal.

"We calculate the students and faculty were cheated out of at least $5 million that should have been spent on instruction, but instead went to grow the administrative bureaucracy. This case has statewide implications that could potentially impact many other districts."

The State Auditor is currently auditing 10 community college districts to determine whether violations of the 50% for instruction law are widespread throughout the state. The Auditor’s report will be released October 12.

The Faculty Association decided to proceed with the lawsuit after the College Board of Trustees refused to sign a "tolling agreement" which would have allowed time for the Association and the College to negotiate a mutually acceptable resolution.

Simpson added, "Their refusal to sign the agreement left us with no other option but to proceed with the lawsuit. Unfortunately we view the Trustee’s decision as escalating the growing tension between management and the faculty."

The lawsuit is just the latest chapter of the Association’s attempt to force compliance. In 1998, after repeated attempts to have the Chancellor’s office investigate the Association’s claim, the faculty union filed a lawsuit against the District. The court made a preliminary ruling that prior to the court taking jurisdiction of the matter, the State Chancellor’s office must act. This ruling required the Chancellor’s office to commence an investigation that resulted in the ruling.

Materials, including the Ed. Code Section, and Chancellor’s ruling are available from the Faculty Association (310) 434-4394.