Category: ACE News

ACE Members,

Property Tax Revenue Update
The May Board of Trustees meeting began with a presentation by Nesa Fligor, Santa Clara County Assessor, who reported that property value growth is similar to last year. FHDA CCD is the largest recipient of revenue due to cities in our jurisdiction. Final roll is on June 30^th.

Why does this matter? The largest source of our district’s funding has shifted from the state to local. While we still keep an eye on the State COLA in the Governor’s May revise as a guide for salary negotiations, local property taxes are our new data source to pay attention to. Reminder: Neither the COLA nor this property tax revenue is automatically passed to employees – everything is negotiated. Our team is set to begin negotiations soon. @Chris Chavez will provide updates.

Negotiations, Sunshine, Reopeners
For those that would like to review our sunshine letter which opens negotiations, it is available on the recent Board of Trustees agenda (LINK). We’re opening Article 8 – Pay, 18 – Benefits, 10 – Leaves, and 15 – Classification. The District has chosen to open Article 17 – Retirement.

Traditionally Articles 8 and 18 are always open. ACE opens two additional article and the District opens two additional articles.

Union Position Transition

• VP for De Anza, @Lisa Ly, is currently working out of class as an administrator and will return in June.
• VP for Foothill, @Phuong Tran, will be going on Staff Development Leave in Aug/Sep and we will need to seek a replacement to serve out until the end of her current term.
• Chief Steward for De Anza, @Andre Meggerson, will be going on Staff Development Leave in Aug/Sep and we will need to seek a replacement to serve out until the end of his current term.
• Chief Steward for Central Services, @Thomas Marks, is currently working out of class as a supervisor. We will need to seek a replacement to serve out until the end of his current term.
• Bookkeeper, Nancy Reynolds, is ending her practice and the ACE Executive Board has approved to offer the same job at the same rate of pay to a union member.

Are you interested in serving as a DA/CS Chief Steward or FH VP? Do you have the training and experience to be a bookkeeper? Reach out to existing board members in those roles or @Scott Olsen and @Jesse Perez to apply for the bookkeeper position (by next Thursday, May 21^st.)

Artificial “Intelligence” Anxiety
While ACE has not established new language related to AI implementation existing union protections continue to serve members:

• Bargaining Unilateral Change in Working Conditions (LINK)
• Contracting Out Bargaining Unit Work (Article 7.17) & Use of Temporary Employees (Article 4)
• Layoff (Article 11)

To date no one has been laid off due to AI implementation and there has been no proposal to eliminate a job because of an AI chabot/tool/contract. Our stance is that AI cannot replace any employee’s function at the District. Contact us if any changes occur in your work area.

Interested in more AI skepticism, doom, and gloom? Watch Last Week Tonight with John Oliver’s episode on AI Chatbots (LINK) [30 minutes]

District 12-question Climate Pulse Survey
Please respond by Friday, May 22^nd  (LINK)

In Service,

Scott Olsen (he/him) | ACE President
https://acefhda.org | scott.olsen@acefhda.org 
650-949-7789 | M-F 8:30am-5:00pm

This email was handcrafted by a human being for fellow human beings.

ACE Members,

We have had a handful of members who are rely on AI for contract and legal interpretation – do not use a chatbot for this purpose. Even with our Agreement loaded, MS Copilot initially offered guidance (see first image) that does not align with ACE’s interpretation. AI is also unaware of District-specific MOUs, past practice, Ed Code, Labor Law, State Law, etc. – things that could cost your money if you solely accept the answer without reaching out to multiple sources for validation:

When the AI was challenged with what we already knew from manually reading our Agreement and consulting with our Attorney, MS Copilot changed its tune (second image) and agreed that the calculation should be “travel time (to & from home) + work time = total overtime reported”:

There is a big difference between being told to report 2 hours of overtime instead of a minimum of 4 hours, and perhaps more(!) if your travel time to+from work exceeds 4 hours. Additionally, AI does not have the final say regarding what’s correct in our workplace.

Members can always consult with a union steward at any campus or our attorney for handcrafted artisan responses to questions:

• @Andre Meggerson – De Anza, Chief Steward
• @Jeff Dickard – De Anza, Steward
• @Janie Garcia – Foothill, Chief Steward
• @Cynthia Huang – Foothill, Steward
• @Scott Olsen – President
• @Anthony Booth – Attorney

In Service,

Scott Olsen (he/him) | ACE President
https://acefhda.org | scott.olsen@acefhda.org  
650-949-7789 | M-F 8:30am-5:00pm

From: Scott Olsen <olsenscott@fhda.edu>
Sent: Thursday, May 14, 2026 9:52 AM
To: ace <ace@fhda.edu>
Cc: Foothill-De Anza Association of Classified Employees <ace2@fhda.edu>
Subject: (ACE) 2026.05.14 Quick Update – Overtime (Time * 1.5), Call Back Time (4 Hours Min)

ACE Members,

We recently received a couple great questions about overtime and call back time. Here’s a quick reference:

• If it’s a weekend and you have to work, scheduled or not, it’s call back (minimum 4 hours OT)
• If it’s the end of your workday and it’s extended, it’s overtime (hours worked * 1.5)
• If you go home at the end of your workday and come back, it’s call back (minimum 4 hours OT)

See Article 13 – Hours and Overtime (also copied below)

• Overtime triggers when you work beyond your regular workday, or 40 hour workweek, or the sixth and seventh consecutive days of employment.
  • Double-Overtime triggers when you work beyond 12 hours in a workday.
• Overtime requires pre-approval/authorization from a supervisor/manager. Faculty members cannot authorize overtime.
• Workers have the choice between pay or accruing comp time – managers do not decide.

13.2 Overtime
The District is subject to the following provisions concerning overtime which provide for overtime payments to all eligible workers who work over eight hours in one day in a five- day work week, over ten hours in one day in a four-day work week, over nine hours in a 9/80 or 4/36 workweek, or over 40 hours in any work week, or on the sixth and seventh consecutive days of employment.

13.2.1 Approval for a worker to work overtime will come only from department supervisors, division administrators, or supervisors at a higher level. Approval will be based upon legitimate scheduling or load problems which cannot be solved through reassignment or adjustment of workload and will be governed by the availability of budgeted funds.

13.2.2 A worker authorized to work more than 40 hours per week will receive compensation or compensatory time at a rate equivalent to one and one-half times the normal hourly rate as determined by current contract pay, except when a worker works on a holiday, in which case the worker will be paid both regular pay and pay at the overtime rate for the hours worked.

Workers whose work schedule requires them to work beyond 12 hours per day shall be paid at a rate equivalent to double the normal hourly rate as determined by current contract pay for the hours worked beyond 12 hours.

…

13.2.4 Call Back Time
Occasionally a worker may be called back for work in the evening or on a weekend to accommodate a special need. In such cases, travel time to and from home will be counted as time worked. In order to make the disturbance of normal time off worthwhile, the pay for combined work and travel time shall be for a minimum of four hours.

In Service,

Scott Olsen (he/him) | ACE President
https://acefhda.org | scott.olsen@acefhda.org  
650-949-7789 | M-F 8:30am-5:00pm

ACE Members,

Joining ACE

If you have a new colleague or a seasoned colleague who has yet to join, the process is described at the top of our website: Become a member today by returning a completed Membership Application Form (LINK) to olsenscott@fhda.edu .

• When can a new employee join? On the very first day of employment (probationary employees are immediately eligible).
• Can TEAs/Temporary Employees join? No. Per Ed Code they are unrepresented and not eligible for provisions under our Agreement.
• Why do you need existing members to know this information? There are a lot of places union reps can’t access, many employees work remotely or do not attend the orientation meeting with Human Resources where we provide an introduction to ACE. Sometimes it takes a co-worker in the space to speak to the value the union provides: a collective voice that advances, protects, and advocates for wages, working conditions, and benefits.

April is also a dues forgiveness month – no union dues will be collected from April end-of-month and May mid-month paychecks. When we have enough to pay our bills and provide for representation, we don’t charge members. Typically this has occurred at least twice per year since ACE’s inception and we didn’t charge dues for an entire year during the pandemic. Our member-driven independent labor organizations does great things due to active participation and a collective effort.

Pre-Retirement Contract Reduction – Article 17B
Written requests are due no later than May 1^st to reduce your contact from full-time to part-time while maintaining retirement benefits pursuant to Ed Code Section 88038 and Government Code Section 209005 for up to 5 years prior to retirement.

Who’s eligible? You must:

1. Be age 55 prior to the reduction in contact;
2. Have been employed full-time for at least 10 years in a classified position; and
3. Have served full-time without a break in service during the preceding 5 years.

What does the request look like? Here’s an example:

To: (Manager/Supervisor)

Cc: @Tony Brown; @Christine Hsu

Subject: (ACE) Article 17B Pre-Retirement Contract Reduction

Body: Pursuant to ACE CBA Article 17B I am requesting to reduce my contract from 100% to 80% for the next 5 years effective July 1^st 2026. My proposed schedule is 8:30am-5pm, M-TH (4 days per week).

Contributions to CalPERS and medical benefit contribution rates remain the same as if you had continued full-time.

Questions? Reach out to a steward:

@Andre Meggerson (De Anza), @Jeff Dickard (De Anza), @Janie Garcia (Foothill), @Cynthia Huang (Foothill)

CalPERS Service Credit Purchase Instructions
We’ve had a number of former temporary employees join us as full-time employees. You may be eligible to purchase service credit if you worked for a CalPERS-covered employer before you became a CalPERS member. CalPERS has a number of resources on the topic, but the process begins with them:

1. From “A Guide to Your CalPERS Service Credit Purchase Options” (LINK):
   To request your service credit electronically, log in to your myCalPERS account at https://my.calpers.ca.gov/
   On the home page under Service Credit, select Make a Service Credit Purchase
2. Depending on the type of service credit you are requesting, certification may be required
   If certification is needed from an employer or reciprocal agency, you and the agency will be notified electronically The agency will have 30 days to provide the required certification to CalPERS

Per Payroll:

• Once the request is received in CalPERS, HR validates the employment & position data in the request (if there are errors, it will be rejected) and Payroll completes the pay history by month and HR finishes off with certification within 30 days upon the member’s request.

More Information:
CalPERS Quick Tip | Service Credit Purchase (YouTube LINK)
CalPERS Service Credit (YouTube LINK)
CalPERS Service Credit Cost Estimator (LINK)

For those that have taken a leave of absence, you may also be eligible to purchase service credit. Use cost estimator link above to see if the leave type (maternity/parental, education, service, sabbatical, serious illness.) you’ve taken qualifies.

April Board of Trustees Meeting
Bond-funded building projects at De Anza were on the agenda. Plans for the newer (smaller) $44mil Creative Arts building were presented. Plans for a $55mil Services for Students building are still pending. An update was also provided regarding the County Mobile Medical Facility with tentatively will be located in Lot B.

In 2023 a feasibility study was conducted to determine the market demand for a revenue generating event space: Presentation (LINK) | Meeting Item (LINK). It concluded with what we already knew from the Flint Center usage, the market does not exist for a large event space. There was some trustee discussion of the lack of a flashy new gathering/event space aside from VPAC and Conference Room A+B at De Anza.

Chancellor Lambert mentioned planning an upcoming event for the large retiree class. Details to come.

President’s Message (Again)
Next week (Monday through Wednesday) I will be out of the office and unavailable to respond to emails/texts. Reach out to a steward or our labor attorney with any questions.

There’s an EEO Training Today (April 10) at 11am, Friday (April 17) at 9:30am, and Friday (April 24) at 10am. See the full schedule here (LINK). This training is required to serve on hiring committees and also great information to be aware of for applicants.

Important reminder to union reps on committees – advocate for internal candidates who meet minimum qualifications. Per CBA 7.5:

b. District workers shall receive “first consideration” for promotional positions. All internal applicants who meet the minimum criteria for a position will be granted an interview; this is “first consideration.” The parties also agree to explore practical methods of encouraging internal recruitment that foster promotional opportunities and staff advancement and that are consistent with the District’s commitment to high quality, equal opportunity and diversity.

In Service,

Scott Olsen (he/him) | ACE President
https://acefhda.org | scott.olsen@acefhda.org 
650-949-7789 | M-F 8:30am-5:00pm