Teachers union challenges NY's property tax cap

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non-starter

Burnsville, MN

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#1
Feb 20, 2013
 
..

Teachers union challenges constitutionality of NY's property tax cap in lawsuit against state
By Carolyn Thompson, Associated Press | Associated Press – 2 hrs 36 mins ago...

Associated Press -

Richard Iannuzzi, president of New York United Teachers union, talks to reporters at the Capitol on Wednesday, Feb. 20, 2013, in Albany, N.Y. New York's …more

BUFFALO, N.Y.(AP)-- New York's largest teachers union and several parents sued Wednesday to overturn the state's property tax cap as unconstitutional, contending it widens the gap between rich and poor districts and interferes with local control of schools.

The state Supreme Court lawsuit challenging the 2011 tax cap legislation names Gov. Andrew Cuomo, Education Commissioner John King Jr. and Comptroller Thomas DiNapoli.

"While on its face the tax cap gives the appearance of equality, in effect the tax cap locks in existing inequalities and has a disproportionate, negative impact on the ability of the lower wealth districts and their voters to provide educational opportunity to school children," according to the lawsuit filed in Albany by New York State United Teachers, along with parents of students in a half-dozen school districts.

The cap, enacted as a step toward controlling property tax rates that are among the highest in the nation, generally restricts districts and local governments from increasing their tax levy by more than 2 percent or the rate of inflation, whichever is less. Budget proposals that exceed the capped rate need a 60 percent supermajority of votes to pass.

The lawsuit, which challenges only the cap for school districts, argues it takes away districts' ability to make up for reductions and disparities in state aid at the local level and endangers programming and staffing, even when a majority of a districts' voters are willing to pay more to save them.

"The state's undemocratic tax cap is exacerbating glaring inequities in funding while pushing many school districts to the brink of educational and financial insolvency," NYSUT President Richard Iannuzzi said.

The parents who joined the suit have children in districts where a majority, but not a supermajority, of voters favored exceeding the cap to lessen cuts.

"Those districts clearly demonstrated they had a need for greater resources and the voters, by a majority, supported greater resources," Iannuzzi said. "The outcome was significant reductions in programs and services."

The Cuomo administration said the vast majority of local governments and school districts have stayed within the cap when drafting their budgets.

"Governor Cuomo led the fight to pass the tax cap in order to stop skyrocketing property tax increases on homeowners and businesses, and that's exactly what it's done," spokesman Richard Azzopardi said. He called the lawsuit a fiscally irresponsible attempt to undermine progress.

Senate Republican Leader Dean Skelos also defended the legislation, saying it had "finally put the brakes on rising property taxes in New York."

"While it's clear that this lawsuit has no merit," Skelos said, "Senate Republicans are determined to protect the property tax cap for New Yorkers and their families."

Also lining up against the lawsuit were the business groups Unshackle Upstate and the National Federation of Independent Business.

Citizen Action of New York, the Alliance for Quality Education and Campaign for Fiscal Equity were among backers of the legal challenge.

The lawsuit asks the court to declare the tax cap, as it applies to public schools, null and void because it violates the New York state and U.S. constitutions and to permanently block it from being applied.
non-starter

Burnsville, MN

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#2
Feb 20, 2013
 

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Poor teacher's union can't extort more money from the public with a tax cap in place.
Bushwhacker

Seattle, WA

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#3
Feb 20, 2013
 

Judged:

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Negotiating a contract is extortion ??? Walk a lot, huh ??? "Man", every post you write sounds so bitter, HOW BIG A LOSER, are you ???#500 ?

Since: Sep 11

Rogers, MN

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#4
Feb 20, 2013
 

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non-starter wrote:
Poor teacher's union can't extort more money from the public with a tax cap in place.
So not only is this union trying to create a hardship on the middle class by raising taxes,(presumably for their own gain) they are also unconcerned what this lawsuit will cost the taxpayers in legal fees and/or fines. Nice group.
Bushwhacker

Seattle, WA

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#5
Feb 20, 2013
 

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Presumably, right ??? LMAOROTFu !
non-starter

Burnsville, MN

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#6
Feb 20, 2013
 
Bushwhacker wrote:
Negotiating a contract is extortion ??? Walk a lot, huh ??? "Man", every post you write sounds so bitter, HOW BIG A LOSER, are you ???#500 ?
The Cuomo administration said the vast majority of local governments and school districts have stayed within the cap when drafting their budgets.

"Governor Cuomo led the fight to pass the tax cap in order to stop skyrocketing property tax increases on homeowners and businesses, and that's exactly what it's done," spokesman Richard Azzopardi said. He called the lawsuit a fiscally irresponsible attempt to undermine progress.
non-starter

Burnsville, MN

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#7
Feb 20, 2013
 
It seems the public unions can't get along with either party any more, Rahm, Mario........end of the line for the gravy train.
Bushwhacker

Seattle, WA

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#8
Feb 20, 2013
 
Feel free to replace them..... Oops ! Looks like supply & demand to me. As for your 2 examples and conclusion, negotiating a contract isn't a night out with you gals... If you're too weak to face reality, whining works ???
Bushwhacker

Seattle, WA

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#9
Feb 20, 2013
 
Gotta love teabaggers, having babies is great... killing them, denying an education, and keeping them POOR... IS THE BEST, right ???

Since: Sep 11

Rogers, MN

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#10
Feb 20, 2013
 
non-starter wrote:
Poor teacher's union can't extort more money from the public with a tax cap in place.
And it is extortion when they threaten to close schools by striking, increased class sizes because of all the teachers they will have to cut if they don't get their way. Notice they never "negotiate" in the summer when they can't stop the school year and add in the threat of kids not completing a grade level. The teachers may care about the kids, but their union does not.
non-starter

Burnsville, MN

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#11
Feb 20, 2013
 
The cap, enacted as a step toward controlling property tax rates that are among the highest in the nation, generally restricts districts and local governments from increasing their tax levy by more than 2 percent or the rate of inflation, whichever is less. Budget proposals that exceed the capped rate need a 60 percent supermajority of votes to pass.

The Cuomo administration said the vast majority of local governments and school districts have stayed within the cap when drafting their budgets.

"Governor Cuomo led the fight to pass the tax cap in order to stop skyrocketing property tax increases on homeowners and businesses, and that's exactly what it's done," spokesman Richard Azzopardi said. He called the lawsuit a fiscally irresponsible attempt to undermine progress.
Bushwhacker

Seattle, WA

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#12
Feb 20, 2013
 
Replace them !!!! It's NOT SLAVERY !!!

Feel free to replace them..... Oops ! Looks like supply & demand to me. Negotiating a contract isn't a night out with you gals... If you're too weak to face reality, whining works ???
non-starter

Burnsville, MN

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#13
Feb 20, 2013
 
The cap, enacted as a step toward controlling property tax rates that are among the highest in the nation, generally restricts districts and local governments from increasing their tax levy by more than 2 percent or the rate of inflation, whichever is less. Budget proposals that exceed the capped rate need a 60 percent supermajority of votes to pass.

The Cuomo administration said the vast majority of local governments and school districts have stayed within the cap when drafting their budgets.

"Governor Cuomo led the fight to pass the tax cap in order to stop skyrocketing property tax increases on homeowners and businesses, and that's exactly what it's done," spokesman Richard Azzopardi said. He called the lawsuit a fiscally irresponsible attempt to undermine progress.

I agree, replace the teachers' union.
Bushwhacked

Seattle, WA

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#14
Feb 20, 2013
 
The union can exist by law.... LMAOROTFU~! Who do you "think" you're agreeing with, childish liar ???

Unions Making a Difference for Everyone

Unions benefit all of America’s workers and strengthen our communities. Unions today:

Reinforce the middle class and lift up America’s communities. States with higher rates of unionization have lower rates of poverty, crime, and failing schools.1

Benefit local economic development. In partnerships with employers, community organizations, and local governments, unions have helped revitalize local economies by saving and expanding family-supporting jobs.

Raise wages for all workers. Studies show that a large union presence in an industry or region can raise wages even for non-union workers.2

Fight for all workers’ health and safety. In 2008 the AFL-CIO and the United Food and Commercial Workers sued to get employers to provide personal protective equipment. Now, workers in hazardous jobs which require safety gear—like hard hats or protective glasses—must be provided this equipment, instead of being asked to buy it themselves.

Advocate for increases in the minimum wage and push for living wage ordinances. Unions have been instrumental in efforts to increase the federal minimum wage, state minimum wages and in the successful living wage movement which has already resulted in over 150 local living wage laws nationwide.

Reduce wage inequality. Unions raise wages the most for low- and middle-wage workers and workers without college degrees.3

Invest worker pension funds to rebuild communities In June 2006, the AFL-CIO launched the Gulf Coast Revitalization Program, a $1 billion housing and economic development program to create low- and moderate-income housing, a low-cost mortgage program, health facilities, job training services, and thousands of high-wage union jobs throughout the region. The Gulf Coast program builds on the success of similar AFL-CIO investment strategies to develop affordable housing in Chicago and to help New York City recover from the devastating terrorist attacks of September 11th. Union pension funds invested $750 million in post-9/11 New York.4

Are crucial in passing legislation benefiting all workers, including:

Fair Minimum Wage Act of 2007, providing an increase in the federal minimum wage.
The Occupational Safety and Health Act of 1970, a comprehensive federal law ensuring safety in the workplace.
Workers' compensation laws, giving workers injured on the job medical coverage and compensation for lost time.
Mine safety laws strengthening mine safety standards and protecting the rights of mine workers.
The Fair Labor Standards Act of 1938, creating the 40-hour work week and the first minimum wage.
The Social Security Act of 1935, providing benefits to unemployed and retired workers.

Union members:

Earn higher wages. Union members earn 30% more than non-union workers.

Have more training. Union workers are more likely to have access to formal, on-the-job training, making employees more skilled and adding to productivity.5

Have safer workplaces. Union workers are often better trained on health and safety rules and union workplaces are more likely to enforce Occupational Safety and Health Administration (OSHA) standards.6

Are more likely to receive workers’ compensation. Union members also get their benefits faster, and return to work more quickly.7 When workers are injured, unions help workers through the often complicated process of filing for workers’ compensation and protect workers from employer retaliation.

Have health insurance. Nearly 80% of unionized workers receive employer-provided health insurance, compared with 49% of non-union workers. Union members are also more likely to have short-term disability and life insurance coverage.
Bushwhacked

Seattle, WA

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#16
Feb 20, 2013
 
Labor unions secured the legal right to represent employees in their relationships with their employers when the National Labor Relations Act (NLRA), passed in 1935. That federal act also created the National Labor Relations Board (NLRB) to police the relationships among employees, their unions, and their employers.

Under the NLRA, an employer may not:

interfere with or restrain employees who are exercising their rights to organize, bargain collectively, and engage in other concerted activities for their own protection
interfere with the formation of any labor organization—or contribute financial or other support to it
encourage or discourage membership in a labor organization by discriminating in hiring, tenure, or employment conditions
discharge or discriminate against employees who have filed charges or testified under the NLRA, or
refuse to bargain collectively with the employees’ majority representative.

The NLRA requires most employers and unions to negotiate fairly with each other in good faith to try to agree to a contract that spells out the terms and conditions of employment for the workers who are members of the union. The agency enforces this requirement by using mediators, negotiators, administrative law judges, investigators, and others.
non-starter

Burnsville, MN

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#17
Feb 20, 2013
 

Judged:

1

1.Unions lead to higher prices for consumers since companies must pay more for wages & benefits, which are then passed on to customers.
2.Unions make the country less competitive since non-unionized companies in India, China, Taiwan, etc. can pay workers far less and therefore charge less and/or assign more workers per unit of product.
3.Unions often prevent more qualified workers from getting the jobs. Less proficient workers are often protected from layoffs or firing; thus, new positions open less frequently.
4.Society and companies are often held hostage to the essential services of certain unions (e.g. teachers, police, construction workers, air traffic controllers, etc.); thus, negotiation becomes less about fairness to workers than about companies meeting the demands of union extortion.
5.The State and Federal labor/discrimination laws, the threats of lawsuits, and the avoidance of poor publicity all make unions largely unnecessary nowadays.
6.Unions lead to job losses to India, China, and other overseas companies. Non-union shops have a major cost advantage in hiring. Plus, in unionized companies, owners & managers may simply choose not to hire at all since the cost of maintaining or laying off a new employee is too great.
7.Unions have become a source of political power and corruption. Since unions can offer a large block of voters, politicians will often curry favor from unions and screw over the taxpayers. Consequently, union representatives concentrate on helping their favorite politicians and political party rather than doing what's best for the members.
8.It prevents the firing of clearly incompetent workers. Several poorly-performing teachers on tenure as well as most government workers are clear examples.
9.Unions lead to less productivity and job motivation since pay levels are usually determined by seniority rather than performance. The lack of incentives such as increased pay or promotion, as well as the lesser threat of losing their jobs, leads to workers putting out less effort than they otherwise would.
10.It creates an "us" vs. "them" hostility between ownership and workers.
11.Unions focus on the needs of the members at the expense of non-union members & society, as evidenced by labor unrest all over the world as governments try to rein in unsustainable spending.
12.For many types of jobs, union membership is required for the position, along with substantial cash dues on a regular basis. This is inherently anti-freedom.
13.It decreases the flexibility of both employee and employer in negotiating wages, benefits, and other items. Especially with the technological advances of today and multi-working families, employees often want to customize work hours & location, fringe benefits (e.g. more vacation time, no health insurance), and pay (e.g. per hour or per project vs. salaried). Unions tie the hands of both employee and employer in such situations.
14.Unions have in the past had ties with organized crime or communist organizations, which are fundamentally trying to harm the nation's free market system.
15.Unions reduce the investment dollars that are put into a company since investors are less willing to take on the risks of work stoppages, higher costs, decreased management flexibility, etc.
16.All employees have one bargaining chip that never requires a union--they can quit and go work somewhere else.
Bushwhacked

Seattle, WA

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#18
Feb 20, 2013
 
What a bunch of hypocritical blather ! LMAORORFU~!

Guess, you want to race to the bottom. You go first, lying troll...
Bushwhacked

Seattle, WA

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#19
Feb 20, 2013
 
Unions keep wages above 3rd world countries, but you want 3rd world wages ?? Good for you, you know what you're worth... Sure explains your anger, broken troll...
Bushwhacked

Seattle, WA

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#20
Feb 20, 2013
 
I sure wish American business was loyal to the American worker like they where before Reagan came along. The right wingers scream about people being anti American and American exceptional-ism yet they support un-American outsourcing and low wadges when the cost of living has gone thru the roof. Show real patriotism my right wing friends.
non-starter

Burnsville, MN

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#21
Feb 20, 2013
 
Bushwhacked wrote:
Unions keep wages above 3rd world countries, but you want 3rd world wages ?? Good for you, you know what you're worth... Sure explains your anger, broken troll...
Unions make sure private sector jobs move to 3rd world countries.

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