Why it’s hard to legislate good corporate behavior
San Francisco, the country’s premier laboratory for new Internet services, is also used to innovating in municipal...
San Francisco, the country’s premier laboratory for new Internet services, is also used to innovating in municipal regulation.
But in its latest experiment, it’s starting to find that legislating good corporate behavior isn’t as easy as pressing a button on your smartphone.
In July, the city started implementing a first-in-the-nation law aimed at curtailing the trend towards “just-in-time” scheduling, where managers call in employees to work on short notice. The new measure requires large chain retailers— such as Safeway and Walgreen’s — to publish schedules at least two weeks in advance, and to compensate employees with “predictability pay” if they make changes less than a week ahead of time. It also mandates that additional hours be offered to existing employees first before new hires are made, and that part-time workers be paid at the same rate as people who work full-time.
So far, it’s been easier to publish schedules than live up to the spirit of the law.
"The two-week notice seemed to be instituted right away, but the other stuff is lagging,” says Gordon Mar, director of San Francisco Jobs With Justice, a labor-backed group that pushed for the “Retail Workers Bill of Rights” and has been monitoring its implementation.
The sluggish response may be because fines don’t kick in until Oct. 3; the city is still hashing out the rules. But the spotty compliance so far highlights the difficulty of attempts to mandate worker-friendly practices — especially the kind that touch the most fundamental aspects of business operations, rather than those that simply require higher pay and better benefits.
San Francisco employers fought the new ordinance, but couldn’t prevent its passage. Now, they complain it’s impacting service.
“We’re hearing from members in San Francisco that it really is not working well at all,” says Ronald Fong, president of the California Grocers Association. Stores can’t always predict surges in foot traffic, which might be brought on a sunny day, leaving managers without the option to bring in more staff. That was a problem during the heat wave that swept over San Francisco this summer.
"Supplies weren’t able to get out to the shelves,” Fong says. "It just kind of snowballed, and our customers have a bad experience, or the stores lose sales.”
Some businesses don’t mind the rules in principle, but object to the red tape. "Everybody pretty much operates on a predictive schedule,” says Bill Dombrowski, president of the California Retailers Association. “But the process of implementing this, with offering the employees hours in writing and waiting three days for a response, it’s a lot of government intrusion into very minute detail.”
Also, not all industries schedule their workers in the same way. Milton Moritz is president of the National Association of Theatre Owners’ California and Nevada chapter, and says the theater business is by nature unpredictable, making the new law particularly difficult to comply with.
“We might not know until the Monday before the Friday a film shows, and even then we’re hiring, firing, scheduling people based on the business that film’s going to do,” Moritz says. “This ordinance flies in the face of all that. It really complicates the issue tremendously.”
The San Francisco ordinance hasn’t just been irritating for big companies. Some workers grumble the law discourages employers from offering extra shifts on short notice, because they would have to pay the last-minute schedule change penalty — even if workers would be happy for the chance to pick up more hours.
Rachel Deutsch, a senior staff attorney with the Center for Popular Democracy who has been helping local jurisdictions across the country craft fair-scheduling legislation, says that’s something that might change in future iterations.
"I think that’s the thing with any policy where it’s the first attempt to solve a complicated economic problem,” Deutsch says. "It’s been a learning process.”
So far, fair scheduling laws aren’t spreading as quickly as minimum wage and paid sick leave laws. A statewide bill in California failed a couple weeks ago, and no other local ordinances have passed besides San Francisco’s, though there are active campaigns in several cities including Minneapolis and Washington D.C.
Meanwhile, several companies have acted on their own to curb some of the practices that workers have found most disruptive, like on-call shifts, where workers have to be available even if they aren’t ultimately asked to work. But in some cases — like that of Starbucks, which committed to eliminating many of those practices — those voluntary changes haven’t been any more effectivethan government mandates.
Erin Hurley worked at Bath & Body Works and campaigned for an end to on-call shifts. After she left the job, parent company L Brands said it would stop the practice at Bath & Body Works as well as another of its chains, Victoria’s Secret. But Hurley says she’s heard from current workers that managers are still doing effectively the same thing, by asking employees to stay a little longer.
“On-call shifts were replaced with shift extensions,” says Hurley. “Basically what L Brands did was change the name of the practice.” Keeping people on-call is very convenient for employers, and letting it go can be easier said than done. (L Brands did not respond to a request for comment.)
Still, advocates in San Francisco think the Retail Workers Bill of Rights has already done some good, and will be more effective when the city’s enforcement kicks into high gear — just like overtime rules did, when companies got used to obeying them.
Take Michelle Flores, 21, who has worked part time at Safeway for two years to support herself while in going to college. Unpredictable schedules made that difficult: She would only know her shifts a few days beforehand, which sometimes didn’t leave her enough time to hit the books.
"I would study from midnight until 5, 6 a.m., sleep for two or three hours, and then go to the exam,” says Flores, 21, who attends San Francisco State. This year, she expects that to change. "If I know that I have a shift scheduled, I’ll just study another day,” Flores says.
Also, the law came with some funding for community organizations to make employees aware of what workers are entitled to. That has ancillary effects — like getting people interested in joining a union, which can be better equipped to make sure companies are following the rules.
“It just creates an opportunity to talk to more workers about their rights under the law, and that leads to conversations about other issues in the workplace,” says Gordon Mar, of Jobs with Justice. “And that could lead to getting organized.”
Source: Washington Post
Zara stores in NYC accused of discriminating against black employees and customers
According to a new report published by the Center for Popular Democracy, ZARA’s New York City locations have a serious problem with discrimination.
Study author Chaya Crowder writes that Zara has a “documented history of racial insensitivity in its designs, discriminatory treatment of its employees, and prejudice agains its customers.” Zara, as you may remember, is the company that caught flack for items like a bag with a swastika on it, a striped shirt with a gold star that looks very much like what Jews were forced to wear in concentration camps during the Holocaust, and a T-shirt bearing the phrase “white is the new black.” Charming stuff!
So it’s hard to be completely shocked by the report’s conclusions—after surveying employees at six of Zara’s NYC stores (for context, eight of the Spanish retailer’s 53 U.S. locations are in the city), Crowder found that most employees feel workers with lighter skin are treated better. From the report:
Employees of color agreed most strongly that ‘managers show favoritism.’ Many of the employees interviewed felt that favoritism is based on race. One employee stated ‘Managers definitely show favoritism to the Europeans.’ Another employee asserted, ‘The favoritism goes to those that are not African American or Latino’… In general, employees with a longer tenure at Zara identified favoritism, especially race-based favoritism, as an issue.
And, employees say that customers are treated with bias, as well. According to Crowder, Zara workers say that that the code “special order” is used as a way to trail suspected shoplifters in the stores. The people trailed, say employees, are disproportionately black:
A preponderance of employees surveyed mentioned a practice of labeling customers as ‘special orders,’ a security code for suspected shoplifters. Employees overwhelmingly felt that the Zara practice led to Black customers being disproportionately labeled as special orders upon entry to Zara stores.
A Zara spokesperson told the Guardian that “Zara USA vehemently refutes the findings,” adding that Crowder did not try to reach the company.
Zara’s parent company, Inditex, reiterated to Fusion in an email that Zara USA refutes the accusations, adding that the report “was prepared with ulterior motives,” and that “it fails to follow an acceptable methodology for the conduct of a credible objective survey on workplace practices, and instead appears to have taken an approach to achieve a pre-determined result which was to discredit Zara.”
But Zara is currently being sued by a former employee who says he was harassed and later fired because he’s gay, Jewish, and American.
This, of course, is not the first time a major retailer has been accused of discrimination. Back in 2013, sources at Barneys said racism against black customers was part of the culture at the luxury department store.
Zara’s parent company, Inditex, reiterated to Fusion in an email that Zara USA “vehemently refutes the claims,” adding that the report “was prepared with ulterior motives,” and that “it fails to follow an acceptable methodology for the conduct of a credible objective survey on workplace practices, and instead appears to have taken an approach to achieve a pre-determined result which was to discredit Zara.”
Source: Fusion
111 Miles in Ten Days: Marchers Take Nonviolent Message From Charlottesville to D.C.
111 Miles in Ten Days: Marchers Take Nonviolent Message From Charlottesville to D.C.
About a hundred people are walking north from downtown Charlottesville, Virginia, the scene of a white supremacist...
About a hundred people are walking north from downtown Charlottesville, Virginia, the scene of a white supremacist rally and riot this month, to Washington, D.C., 111 miles away. The journey—a nonviolent response to the violence of the hate groups that descended on Charlottesville—is expected to take ten days.
They are led by the Reverend Cornell William Brooks, a civil rights lawyer and former president and CEO of the NAACP.
Read the full article here.
In Troubled Times, the Federal Reserve Must Work for Everyone
Global Shock It's true that many of the causes of the recent stock market turmoil are global, rather than...
Global Shock
It's true that many of the causes of the recent stock market turmoil are global, rather than domestic. But those distinctions are becoming less important in a world of unfettered capital flow. Regional markets, like regional ecosystems, are interconnected.
Europe is struggling because of a misguided attachment to growth-killing austerity policies. Like Republicans in this country, Europe's leaders are focused on unwise government cost-cutting measures that hurt the overall economy.
China's superheated markets have experienced a sharp downturn, and its devaluing of the yuan is likely to affect American monetary policy. Many of the so-called "emerging markets" are in grave trouble, their problems exacerbated by an anticipated interest rate hike from the U.S. Fed.
Plunging crude oil prices are a major factor in the events of the last few days. But questions remain about the underlying forces affecting those prices. Demand is somewhat weaker, and Saudi officials are refusing to cut production. But there is still some debate about whether these and other well-reported factors are enough to explain the fact that the price of a barrel of oil is roughly half what it was just over a year ago, in June 2014.
American Turmoil
Talk of recovery here in the U.S. has been significantly dampened by events of the last several days. The now-interrupted stock market boom had been Exhibit A in the case for recovery.
Exhibit B was the ongoing drop in the official unemployment rate. There, too, signs of underlying weakness can be found. The labor force participation rate remains very low for people in their peak working years, as economist Elise Gould notes, and has only come back about halfway from pre-2008 levels. Jared Bernstein notes that pressure to raise wages, which one would also expect in a recovering job market, also remains weak.
All this argues for a rational and coordinated policy, one in which the Federal Reserve and the U.S. government act together to restore a wounded economy. What would that look like?
It would not include raised interest rates -- something that nevertheless continues to be a topic of serious discussion. As Dean Baker points out, China's currency devaluation alone should have been enough to take that idea off the table. What's more, as Baker rightly notes, such a move would only make sense if the Fed "is worried that the U.S. economy was growing too quickly and creating too many jobs." That's a notion most Americans would probably reject as absurd. Most are not seeing their paychecks grow or their job opportunities multiply.
Anxiety about inflation, while all but omnipresent in some circles, is not a rational fear. A slow rise in prices (0.2 percent in the 12 months ending in July, as opposed to the Fed's recommended 2 percent per year) tells us that inflation is not exactly looming on the horizon.
Now what?
"Everything is going to be dictated by government policy," the chief investment officerof a well-known investment firm said this week. In that case, isn't it time for a national conversation about that policy?
Another investment strategist told the Wall Street Journal that today's challenges come at a time when "global central banks have exhausted almost all their tools ... It's difficult to see how central banks come in to support markets."
If they've exhausted all their commonly-used tools, it may be time to develop new ones -- not to support "markets," but to promote jobs and growth for everyone.
First, do no harm. The Fed needs to hold off on any move to raise interest rates. But inaction is not enough. It was given a dual mandate by Congress: to stabilize prices and keep employment at reasonable levels.
Activist groups like the "Fed Up" coalition, led by the Center for Popular Democracy (and including the Campaign for America's Future), are working to move the Fed toward that second objective. They've been pushing to change its governing boards, which are heavily dominated by big banks and other major financial interests, and have called for policies that focus on improving the economic lives of most Americans.
Those policies could take a number of forms. One idea comes from Jeremy Corbyn, the populist politician who's on track to become the next leader of Great Britain's Labour Party. Corbyn's economic plan includes "quantitative easing for people instead of banks." Corbyn proposes to grow the financial sector in a targeted way, by giving the Bank of England (the UK's version of the Fed) a mandate to "invest in new large scale housing, energy, transport and digital projects."
A headline on the website of the Financial Times says (with apparent surprise) that "Corbyn's "People's QE" could actually be a decent idea."
Corbyn also proposes to "strip out some of the huge tax reliefs and subsidies on offer to the corporate sector." The added revenue would go to "direct public investment," including the creation of a 'National Investment Bank' to "invest in the new infrastructure we need and in the hi-tech and innovative industries of the future."
Qualitative Easing
Call it "qualitative," rather than "quantitative," easing. It would increase the money supply, but for money that is to be invested in the real-world economy -- the one that creates jobs, lifts wages, and creates broad economic growth.
Could something like Corbyn's plan ever happen here? There's no reason why not. The Federal Reserve wasn't created by bankers, nor is it there to serve bankers -- although a lot of people inside and outside the Fed act as if it were. (The choice of a former Goldman Sachs executive for its latest major appointment won't help change that.)
The Federal Reserve was created by the American people through an act of Congress. Its governors and its policies are there to protect and serve the public. The Fed should use its oversight capabilities to ensure that banks don't behave in a reckless manner or help private funds and other unsupervised institutions to behave recklessly.
We are still paying the price for allowing big-money interests to dominate both lawmaking on Capitol Hill and monetary policy at the Federal Reserve. That must change. Congress and the Fed, acting together, should ensure that our nation's policies benefit the many who are in need of help, not the few who already have more than they need.
Richard Eskow is a writer and editor with the Bernie 2016 campaign, the host of The Zero Hour radio program, and a Senior Fellow with the Campaign for America's Future. The opinions expressed here are his own.
Source: Huffington Post
Think The Minimum Wage Will Be Safe Under Labor Secretary Puzder? Not So Fast.
Think The Minimum Wage Will Be Safe Under Labor Secretary Puzder? Not So Fast.
This year was supposed to be a good one for America’s workers. After all, nearly 12 million workers won higher wages in...
This year was supposed to be a good one for America’s workers. After all, nearly 12 million workers won higher wages in 2016, the result of sustained and coordinated efforts around the country. There’s a catch though: if these wages aren’t enforced, American workers will never even see them.
And despite widespread support, state and local lawmakers and business communities have already begun threatening to not comply with the wage hikes. In Maine, Governor Paul LePage ordered his administration to stop enforcing a minimum wage hike that 60 percent of his state’s residents voted for, telling employers who violate the law that they would be off the hook.
At the other end of the country in Flagstaff, Arizona, 54 percent of city residents backed a $15 minimum wage in elections last year, but business groups are fighting to move enforcement from a local authority to a state commission, which would likely delay the processing of claims. The state as a whole has backed higher wages, approving a proposition to raise the state’s minimum to $12 by 2020 last year.
In the face of such attacks at the city and state level, it’s imperative to have a federal Labor Department committed to ensuring that workers aren’t cheated out of their wages - wages not only earned through hard work but also guaranteed by law.
This won’t be the case if Andy Puzder becomes Labor Secretary. As chief executive officer of CKE Restaurants, the parent company of Carl’s Jr. and Hardee’s, Puzder consistently flouted basic labor standards.
Puzder, whose confirmation hearing has already been put off multiple times, could easily fail to enforce the wage increases that prevailed in referendums throughout the country, and he’s likely to put even the existing protections we have in jeopardy - including the minimum wage, which currently stands at a paltry $7.25.
It’s the proverbial fox guarding the hen house, a term that we seem to be asserting with every cabinet appointee, but that rings even more true with Puzder.
Just last week, CKE Restaurants was hit with nearly two dozen charges of stealing wages. Multiple workers said they had worked for weeks without seeing a paycheck. One was only paid after he stopped coming to work in protest.
CKE has also come under fire for paying employees with pre-paid debit cards that incur fees on certain ATMs, in effect shorting employees their full paycheck.
If Puzder runs the Labor Department like he runs his company, these kinds of abuses will be allowed to flourish nationwide – and workers will lose one of their most important outlets for addressing their concerns.
For working Americans, it could be a disaster of epic proportions
And CKE is far from the only chain that regularly skirts labor laws. In fact, wage theft runs rampant across the restaurant industry, as well as retail and other low-paying service jobs. A National Employment Law Project study found that more than two-thirds of low-wage workers in New York City, Chicago and Los Angeles had experienced wage theft in the previous workweek. The Economic Policy Institute in 2014 calculated that wage theft cost Americans as much as $50 billion every year
Some states, realizing the scope of the problem, have taken steps to improve oversight in recent years. In New York, 2010 workers won the strongest protections against wage theft in the country. After passage of a significantly higher minimum wage last year, Governor Cuomo followed up with a 200-person task force to ensure wages are being paid.
Yet state action can only do so much. The Department of Labor sets standards for wage enforcement around the country and is the front-line agency for filing many wage theft cases. A 2009 Government Accountability Office report found that weak oversight during the Bush years had left thousands of workers stranded with nowhere to turn.
We have made too much progress to turn back now. Taking the teeth out of oversight hurts workers and hurts the overall economy. Members of Congress need to make clear that Puzder’s persistent record of wage theft disqualifies him from the job of Labor Secretary – and, if Puzder is confirmed, states must show that they are willing to stand up for workers on their own.
By JoEllen Chernow
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Sex assault survivor who confronted Jeff Flake speaks out
Sex assault survivor who confronted Jeff Flake speaks out
A sex assault survivor who confronted Sen. Jeff Flake inside an elevator Friday — after announcing he would vote in...
A sex assault survivor who confronted Sen. Jeff Flake inside an elevator Friday — after announcing he would vote in favor of Supreme Court nominee Brett Kavanaugh — said that the likely pivotal moment “was all kind of a blur.”
Read the full article here.
Don't Raise Rates, Protesters Tell St. Louis Fed
St. Louis Post-Dispatch - March 5, 2015, by Jim Gallagher - About a dozen chilly protesters gathered outside the...
St. Louis Post-Dispatch - March 5, 2015, by Jim Gallagher - About a dozen chilly protesters gathered outside the Federal Reserve Bank of St. Louis on Thursday to complain that the Fed may soon make it harder to find work.
The Federal Reserve is widely expected to raise interest rates later this year, a move intended to prevent inflation in years hence. The protesters complained that higher interest rates can also cut off the jobs recovery.
The Fed represents “the 1 percenters,” said Derek Laney, an organizer with Missourians Organizing for Reform and Empowerment. “They are the big banks, the big corporations, and their mandate is to keep inflation low at all costs.”
People at the bottom of the economic ladder would trade some inflation for jobs, he said.
The protesters complained that the Fed has set a target for inflation at 2 percent — slightly above the current inflation rate — but has no target for reducing unemployment.
Rising rates tend to slow an economic rebound eventually, although there is usually a long lag.
The protest was timed for release of a report by three national advocacy groups, including the Economic Policy Institute, the Center for Popular Democracy and Fed Up: The National Campaign for a Stronger Economy.
The report complained that the boards of the Fed's 12 regional banks, which influence national decisions, are heavy on banking and business executives, but light on representatives of other citizens, such as labor and clergy.
The boards also don't fully reflect their community's racial mix, the report said. For instance, the St. Louis Fed's board is 10 percent black while its multi-state region is 17 percent black, according to the report.
The Federal Reserve Bank of St. Louis did not immediately provide a comment.
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Tax reform stumbling block
Tax reform stumbling block
Don’t look for a tax reform roll-out as soon as Congress comes back despite the aggressive timetable laid out by White...
Don’t look for a tax reform roll-out as soon as Congress comes back despite the aggressive timetable laid out by White House legislative director Marc Short. Part of the reason is that it probably won’t be ready yet. But it also has to wait until after the GOP congress passes a budget resolution, people close to the matter tell MM.
Because if Republicans lay out their tax reform plan beforehand, Democrats could use the budget vote-a-rama process in the Senate to try and attack individual pieces of the plan.
Read the full article here.
NYC and Seattle seek 'fair workweek' legislation for fast-food workers
NYC and Seattle seek 'fair workweek' legislation for fast-food workers
Municipal leaders and labor activists nationwide who fought for a $15 minimum wage now want to serve up a “fair...
Municipal leaders and labor activists nationwide who fought for a $15 minimum wage now want to serve up a “fair workweek” and steady hours for fast-food workers.
New York City Mayor Bill de Blasio set a plan in motion last week to give 65,000 hourly workers in the city's fast-food industry more stable work schedules by requiring a two-week notice for employee shift assignments. City Council members have vowed to introduce the legislation in the coming weeks.
In Seattle, the City Council on Monday gave its unanimous approval to a similar ordinance, which will affect well-known retail and food service establishments, as well as certain full-service restaurants. Mayor Ed Murray is scheduled to sign the ordinance into law by next week.
While supporters of such proposals – called “secure scheduling” in Seattle – say working families need protection against erratic work schedules, some retail organizations argue these concerns have been blown out of proportion. The Washington Retail Association said the Seattle ordinance would make work schedules less flexible.
“The effects of the law threaten to reduce available work hours for retail employees, reduce hiring opportunities and impose burdensome bookkeeping and fines on retailers deemed to be in violation of the law,” the retail association said in a news release.
Other business groups, however, don’t see the scheduling legislation as a major burden for employers. Mark Jaffe, chief executive officer of the Greater New York Chamber of Commerce, told AMI Newswire that the proposal is fair and that it wouldn’t cause fast-food eateries to go out of business.
“How hard is it to schedule people two weeks in advance?” he said.
A number of citywide initiatives, from affordable housing to reasonable transportation options, have helped New York City maintain a productive workforce, Jaffe said, and the Fair Workweek legislation would do the same. “We don’t believe it’s an unreasonable burden on the employer,” he said. “This is a no-brainer.”
The proposal was directed toward fast-food workers because that’s where most of the scheduling concerns originate, Jaffe said. Many of those employees need to map out their schedules in advance because they often work more than one job, he said.
The New York State Restaurant Association expressed concern about the proposed legislation but hopes it can work with city officials to reduce the burden to its members.
“It’s troubling that fast-food restaurants, which are really a local franchisee-run small business, have been singled out yet again when these restaurants are already being subjected to greater regulations than any other industry,” said the restaurant association’s chief executive officer, Melissa Fleischut, in a prepared statement. “Labor costs for quick-serve restaurants are skyrocketing, and under state law the hospitality industry is already subject to call-in pay and extra pay for a longer-than-10 spread of hours in a single day.”
In addition to providing employees a two-week notice on work schedules, the New York City proposal would force employers who make last-minute schedule changes to pay extra compensation to affected workers. The plan would also place restrictions on the practice of what’s called “clopening” – when an employee is required to work a closing shift followed by an opening shift.
“We will regulate that practice and require that there be at least 10 hours between a closing shift and an opening shift that a worker has to perform,” de Blasio said during a public announcement last week.
The mayor dismissed anticipated concerns about layoffs resulting from the proposal, saying that he heard the same rumblings when the city was moving to expand paid sick leave for workers. “Guess what happened?” de Blasio said. “This city has added 290,000 private-sector jobs.”
Jan Teague, chief executive officer of the Washington Retail Association, said in a prepared statement that the Seattle proposal could limit the ability of businesses to take part in the city’s Summer Youth Employment Program and make it more difficult for college students to find temporary jobs over the summer and during holidays.
Teague has also expressed concern that employers would end up paying higher “predictive pay” to workers in order to fill shifts resulting from a worker calling in sick or quitting abruptly.
“Any way you slice it, this ordinance will make the workplace less flexible to meet the needs of employees and employers,” Teague said during the debate over the Seattle measure. “Sadly, this ordinance will reduce the number of hours available for many retail and restaurant employees – and they cannot afford to see their incomes go down.”
In addition, she took issue with the idea of discouraging time allotments between shifts of less than 10 hours. Some workers want to have shifts close together during part of the week to free up time later for second jobs or helping to care for a family member, Teague said.
The National Retailers Association took a similar position. “Government intervention in the scheduling of employees through a one-size-fits-all approach intrudes on the employer-employee relationship and creates unnecessary mandates on how a business should operate,” the association said in a statement on its website.
Despite such concerns, the pro-worker advocacy group Center for Popular Democracy predicted that the victory for secure scheduling in Seattle would encourage other cities to follow suit.
“Those working in Seattle’s retail, restaurant and coffee chains will no longer have to turn their lives upside down just to earn enough hours to survive – and they will finally gain a greater voice in how much and when they work,” the center’s director of the Fair Workweek Initiative, Carrie Gleason, said in a prepared statement. “We can expect the vote in Seattle will inspire other cities to act.”
By Michael Carroll
Source
New Report Cites $100 Million-plus in Waste, Fraud in Charter School Industry
A new report by two groups that oppose reforms that are privatizing public education finds fraud and waste totaling...
A new report by two groups that oppose reforms that are privatizing public education finds fraud and waste totaling more than $100 million of taxpayer funds in 15 of the 42 states that operate charter schools.
The report, titled “Charter School Vulnerabilities to Waste, Fraud, & Abuse,” and released by the nonprofit organizationsIntegrity in Education and the Center for Popular Democracy, cites news reports and criminal complaints from around the country that detail how some charter school operators have illegally used public money. It also makes policy recommendations, including a call for stopping charter expansion until oversight of charter operators is improved. Released during National Charter School Week, it notes that despite rapid growth in the charter industry, there is no agency at the federal or state level that has the resources to provide sufficient oversight.
The Obama administration has supported the spread of charter schools but has also called for better oversight. Proponents of charter schools say they provide choices for parents and competition for traditional public schools, but critics note that most don’t perform any better — and some of them worse — than traditional public schools and take resources away from school districts. Some critics see the expansion of charter schools as part of an effort by some school reformers to privatize public education.
The report details cases from state after state, among them:
*In Washington D.C.:
In the fall of 2008, the U.S. attorney’s office issued a subpoena for school financial records related to L. Lawrence Riccio’s “alleged criminal activities” at the School for Arts in Learning (SAIL). Known internationally for his work in the education of youth with disabilities, Riccio founded the Washington, DC charter school in 1998, but by 2007, a memo by a financial consultant to SAIL’s former chief financial officer describes complete disarray of financial matters. Though grant money had been flowing in, staff members were not allowed to purchase supplies, rent went unpaid, and funds from one Riccio-led organization paid expenses for another. Financial statements showed that SAIL and sister organizations paid a $4,854 credit card bill to cover Mr. Riccio’s travel -related expenses in Scotland, as well as membership dues and dinner tabs at the University Club, a premier private club. SAIL covered expenses for travel to Boston, Denver, Houston and New Orleans; grocery stores, drugstores, wine and liquor stores and flower shops, cafes and restaurants, a salon and spa, Victoria’s Secret and at a glass, paint and wallpaper shop in France, where Mr. Riccio and his wife maintain a private residence.
and
Former leaders of Options Public Charter School are under Federal investigation for possible Medicaid fraud and other abuses. They are accused of exaggerating the needs of the disabled students, bilking the federal government for Medicaid funds to support their care, and creating a contracting scheme to divert more than $3 million from the schools for their own companies, including a transportation company that billed the Federal government for transporting students to the school, but apparently offered gift cards to students to increase ridership on the buses. Additionally, a senior official at the D.C. Public Charter School Board allegedly received $150,000 to help them evade oversight.
*In Ohio:
Ohio Auditor of State Dave Yost, speaking about nearly $3 million in unsubstantiated expenses amassed by the Weems Charter School, said: “This is a heck of a mess…Closed or not, the leadership of this school must be held responsible, and the money must be returned to the people of Ohio.”
* In Wisconsin:
In 2008, Rosella Tucker, founder and director of the now-closed New Hope Institute of Science and Technology charter school in Milwaukee, was convicted in federal court of embezzling $300,000 in public money and sentenced to two years in prison. Tucker acknowledged taking U.S. Department of Education money intended for the school, which she started through a charter agreement with Milwaukee Public Schools. She spent about $200,000 on personal expenses, including cars, funeral arrangements and home improvement, according to court documents. Tucker has argued that the remainder of the money she received was legitimate reimbursement for school-related expenses. Tucker embezzled the $300,000 from 2003 to 2005. The Milwaukee School Board voted to close New Hope Institute of Science and Technology in February 2006, amid problems that included unpaid bills and lack of appropriate teacher licensure.
* In California:
Steven A. Bolden pleaded guilty on January 2, 2014 to stealing more than $7.2 million worth of computers from a government program. Between 2007 and 2012, Bolden invented more than a dozen education non-profits, including fake charter schools, to benefit from a General Services Administration program that gives surplus computer equipment to public schools and non-profits. In July 2012, a GSA undercover investigator was contacted by Palmdale Educational Development Schools, one of Bolden’s organizations, and sent Bolden 9 laptop computers, which Bolden sold via Craigslist.
Here’s the report:
Charter School Vulnerabilities to Waste, Fraud, & Abuse
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