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ACE Update 01.26.2021: Brighter Days; Return to Campus; Classification & Compensation Study Update; Representation & Participatory Governance

President’s Message

Brighter Days Ahead

Rolling into my 21st year with FHDA and for the first time in a long while, I am cautiously optimistic for a few reasons.  First, there’s a vaccine for COVID19, which means we may be able to get this pandemic under control by the end of the calendar year. It’s been hard for employees and students. Second, the state budget is better than anticipated.  While the increases to ongoing funds aren’t huge, it’s better than reductions.  Third, we will finish this classification/compensation study before the end of this fiscal year.

Budget
The anticipated doom and gloom from the governor’s 2021-2022 budget didn’t materialize in the draft released last week.  Sales, property, and income tax grew more than anticipated. Critical to FHDA, hold harmless funding for 2021-2022 was included. Many of the spending increases are one-time funding to address emergency financial assistance to students; food and housing basic needs for students; money for enrollment and retention strategies; expanding work-based learning; faculty professional development; and paying down deferrals.

On-going funding includes a 1.5 percent cost of living adjustment (COLA), growth of 0.5 percent, funding for online technology needs and mental health services, and expanding the apprenticeship initiative.  This is a draft and a lot can change between now and the final budget delivered in May.  Bottom line? Those cuts anticipated for July 1 will most likely get pushed back another year.  While FHDA is holding flat in enrollment – most other community colleges in the state have seen significant losses in enrollment since the start of the pandemic – at some point, we will have to address the loss of 3200 FTES when the hold harmless runs out.  This year just bought us a little more time to figure out what we need to do.

Classification and Compensation Study
We are down to the last few details in negotiations.  While we wait for the District’s response I took a moment to breakdown the process into a few different articles below – a general timeline, a classification study FAQ, and how the compensation portion of the study was determined – to remind us all of our objectives for the study and how decisions were made.  It’s worth your time to read it all.

Gratefully,

Chris White, ACE President
(650) 949-7789, office

“The fight is never about lettuce or grapes.  It is always about people”. – César Chávez


Return To Campus

A return to campus is inevitable but when and how to remain looming issues.  To address these, Chancellor Miner has established a District task force, led by consultant Pat James, with the charge to support programs the colleges have identified they would like to come back to the campus. Membership will rotate as we move through the process but it will include people who are experts in their area.  When specifically asked if this included classified professionals, Chancellor Miner responded affirmatively.  They hope to start this process in February.  ACE will be sending out a short survey in the next week to help articulate what returning safely to campus looks like to you. This is separate from the District task force, so if you’re asked to participate on the task force, I encourage you to do so.

Can the District require a worker to return to campus?

Yes.  We are classified as essential workers.  Work expectations and your options with the District are identified here. Depending on the expectation, we may need to take these on a case-by-case basis, but ultimately, if you cannot work remotely and you are uncomfortable returning to campus you can use your paid leave (vacation or comp time) or unpaid leave to cover the time off.  As I have said on more than one occasion, the District has been very considerate in finding ways to get the work done and keep employees safe.  There is no indication that they are in any rush to alter the course.

What responsibility does the District have to ensure our workspace is safe?

Effective December 1, 2020, the California Occupational Safety & Health Standards Board (CalOSHA) approved emergency regulations requiring employers to protect workers from hazards related to COVID-19.

It requires that employers create a written program that includes the following elements:

  • Communication to employees about the employer’s COVID-19 prevention procedures;
  • Identification, evaluation, and correction of COVID-19 hazards;
  • The physical distancing of at least six feet unless it is not possible;
  • Use of face coverings;
  • Use of engineering controls, administrative controls, and personal protective equipment (PPE) as required to reduce transmission risk;
  • Procedures to investigate and respond to COVID-19 cases in the workplace;
  • COVID-19 training for employees;
  • Testing for employees who are exposed to a COVID-19 case, and in the case of multiple infections or a major outbreak, implementation of regular workplace testing for employees in the exposed work areas;
  • Exclusion of COVID-19 cases and exposed employees from the workplace until they are no longer an infection risk; and
  • Records maintenance of COVID-19 cases and reporting of serious illnesses and multiple cases to Cal/OSHA and the local public health department.

A full FAQ regarding the CalOSHA regulations can be found here.  The District’s COVID training and Posting Documents can be found here.

Can you be required to take the COVID 19 vaccine as a condition of work?

The short answer: Yes. An employer can make a vaccination a requirement if you want to continue working there. But there are significant exceptions for potential concerns related to any disability you may have and for religious beliefs that prohibit vaccinations. So far the District has been quiet on this issue. On Dec. 16, the Equal Employment Opportunity Commission (EEOC) confirmed that a COVID-19 vaccination requirement by itself would not violate the Americans with Disabilities Act (ADA). That law prohibits employers from conducting some types of medical examinations.

If our work can be done remotely, how can we ensure that option is available when we return to campus?

For at least ten years, the ACE Agreement has allowed for the option to work remotely (article 13.2.6). “At the request of the worker, and if the needs of the department can be met, the worker may be permitted to work out of his or her home via a computer terminal. The request and subsequent permission, if granted, shall be in writing”. Simply put it’s an agreement between you and your supervisor.  What the shelter in place (SIP) has taught us is that most work can be done remotely and refusal has nothing to do with liability, security, or any other reason that has been given when classified have asked to exercise this option. It’s a matter of managing.


Classification Study – A Long Delay

Classifications are bargained.  In 2016, ACE negotiated with the District to conduct a classification/compensation study for all work done within our unit.  The last time a comprehensive classification study was completed in our District was 1998.  Over 25 years since the last study, internal inequities developed and made it difficult to accurately create new positions or address reclassification.  The goal for this study was to:

  • Align job description with current roles.
  • Develop career ladders.
  • Determine the appropriateness of internal alignments.
  • Conduct a market analysis of compensation in similar or like jobs in other districts.

A review of current duties and the development of classifications was the first part of the process.  A compensation study was conducted after the classifications were developed.  A Joint Labor Management Classification Committee (JLMCC) was established to negotiate this process. ACE and the District mutually agreed to the selection of Koff & Associates after independent research and reference checks. It is important to note, the District agreed to do the study, they never agreed to implement the results.  That would have to be negotiated. 

The formal classification study kicked off in January of 2017. The process started out smoothly with a review of job duties and follow-up interviews with employees and supervisors taking several months to complete. Koff was slated to deliver preliminary draft descriptions in September but gathering information from supervisor/administrators was a little slower than anticipated.  We were still waiting for those draft classifications in April of 2018.  During this time, we learned Koff was assigning some classifications – mostly in ETS – to exempt status, meaning they wouldn’t be eligible for overtime. Both ACE and the District quickly agreed that all classifications in our unit would be non-exempt.  Draft classifications were distributed in late May and a couple more months were needed for feedback and review.  Final classification descriptions were completed in late October 2018. A year and a half after the start of the study.  Next step, a compensation study.  And this is where the study really stalled.

In January of 2018, the JMLCC agreed to which college districts and positions would serve as comparison benchmarks for the compensation portion of the study. The committee specifically agreed not to use the Bay Area 10, which includes FHDA, San Mateo CCD, West Valley CCD, San Jose-Evergreen CCD, and Ohlone College, and selected college districts based on Koff’s data analysis criteria, which would include comparable Southern California districts and City College of San Francisco. Koff delivered an initial compensation analysis to the ACE and the District in November of 2018.  By April of 2019, we were still waiting to review Koff’s analysis with the District.

On Wednesday, April 10, the JLMCC met to review the classification consultants finding for the compensation study to determine the steps we would need to negotiate to move forward.  At the beginning of this study, the JLMCC greed through a Memorandum of Understanding (MOU) signed in January of 2017, that the salary study “would be used to determine the appropriateness of the internal alignment of the FHDA classifications”, “to compare FHDA salaries to comparable Community College Districts as determined by the committee” and that the “salary benchmarks will remain in the top three of the salary schedule for any external comparisons”.  At this meeting, we were told that management has taken over the internal alignment portion of the study and would change all the salaries basing it on the Bay Area 10. ACE was never provided with the data from Koff regarding their proposed internal alignment. This was in direct violation of our agreement and it appeared that the salary portion of the study was being unilaterally circumvented by the District.

On May 23 ACE filed an unfair labor practice (ULP) with the Public Employment Relations Board (PERB), charging the District with failing to act in good faith and violating their duty to bargain fairly. ACE argued the District is in violation of the National Labor Relations Act (NLRA) because they were seeking to take unilateral action and impose conditions on their willingness to bargain. During this time the District refused to meet to negotiate other items, such as the 2019-2020 cost of living adjustment (COLA).  In September of 2019, ACE agreed to drop the ULP to move negotiations forward.  Remember, originally, the District never agreed to implement the study.  By withdrawing our ULP, the District agreed to implement the study, retroactive to July 1, 2019, and negotiate the compensation. It didn’t dismiss our assertion that we are operating from the terms agreed upon with the District in a memorandum of understanding (MOU) regarding the salary portion of the study signed in January of 2017.

We’ve been bargaining ever since. With over 125 classifications to review, an internal alignment structure to negotiate, developing a process for implementation and appeal, it takes a minute to get through it all but starting in October 2019 we were slowly getting through them.  Then the pandemic hit early March 2020.  By September, with no response from the District, ACE resent a substantive proposal. Negotiations have been moving forward, slowly. To be fair, the District does have its hands full with regulations, processes, and procedures around the pandemic and working from home.  I’m willing to extend them little grace. The devil is in the detail and we are knee-deep in the details. Clearly defined intention and wording are critical particularly around implementation and process. Ambiguity could mean the difference between no increase or a substantial increase in pay.

In this last round, the District sent a response on January 21.  ACE will be sending what is hopefully a final proposal this week.


Classification Study – FAQ

What is a classification plan?
A classification plan is a systematic framework for grouping jobs into common classifications based on similarities in duties, responsibilities, and requirements.
The purpose of a classification plan is to provide an appropriate basis for making a variety of human resources decisions such as the:

  • Development of job-related recruitment and selection procedures;
  • A clear and objective appraisal of employee performance;
  • Development of career paths, training plans, and succession planning;
  • Design of an equitable and competitive salary structure;
  • Organizational development and change management; and
  • Provision of an equitable basis for discipline and other employee actions.

In addition to providing this basis for various human resources management and process decisions, a classification plan can also effectively support systems of administrative and fiscal control.  Grouping of positions into an orderly classification system supports planning, budget analysis and preparation, and various other administrative functions.

Why are studies conducted?
Classification studies are conducted in order to assess changes in job functions over time, create new jobs, and accurately represent the full scope of duties during recruitment and performance evaluation. They are also useful in creating a solid foundation by which to compare positions within an organization to other, similar positions within a market.

What is the difference between a classification specification and position (or job) description?
“Position” and “Classification” are two terms that are often used interchangeably but have very different meanings.

  • A position is an assigned group of duties and responsibilities performed by one person. A position can be full-time, part-time, regular, temporary, filled, or vacant. Often the word “job” is used in place of the word “position.”
  • A classification or class may contain only one position or may consist of a number of positions. When you have several positions assigned to one class, it means that the same classification title is appropriate for each position; that the scope, level, duties, and responsibilities of each position assigned to the class are sufficiently similar (but not identical), and that the same core knowledge, skills, and other requirements are appropriate for all positions in the class.

A position or job description, often known as a “desk manual”, generally lists each duty an employee performs and may also have information about how to perform that duty.  A classification specification normally reflects several positions and is a summary document that does not list each duty performed by every employee.  The classification description, which is intended to be broader, more general, and informational, indicates the general scope and level of responsibilities, plus the knowledge, skills, abilities, and other requirements for successful performance, not detail-specific position responsibilities.

What is the relationship between classification and compensation?
Classification is the description of and the requirements to perform the work.  Compensation is the monetary value of the work, often influenced by two factors:

  • The external labor market; and
  • Internal relationships within the organization.

Why were some classifications recommended for a series (such as an I, II, etc.) and other classifications not recommended for a series?
Classifications may consist of multiple levels called a classification series (such as Administrative Assistant I and Administrative Assistant II) or consist of a single level (such as Program Coordinator).  The recommendation of multiple levels or a single level classification series depends on the allocation factors described previously, as well as the availability of work, the training requirements to become fully competent in the work, and the District’s needs and priorities.

What are the general definitions of levels?

Level of Work Description
Entry-level Work assignments are generally going to fit a routine and established pattern with supervisors overseeing and checking work on a consistent basis until the employee has attained a level of competency to independently perform the range of duties and where the level of supervision would be eased.
For both one-of-a-kind and repetitive tasks, the supervisor makes specific assignments that are accompanied by clear, detailed, and specific instructions.
The employee works as instructed and consults with the supervisor, as needed, on all matters not specifically covered in the original instructions or guidelines.
For professional positions, based on the level of education required to perform the work, there is an expectation that the employee would have the necessary framework to make judgments in applying guidelines, processes, and policies, and procedures and take action based on the standards the profession adheres to.  Supervisory oversight would be more limited to monitoring unusual assignments which would require an interpretation and application of standards.
Journey-level Work assignments involve performing the full range of duties assigned to the classification; at this level, supervisory controls are eased to the extent that the employees are expected to use judgment in applying guidelines, processes, and policies and procedures when performing tasks and making decisions.  Supervisory oversight would be more limited to monitoring unusual assignments that fall outside normal operating procedures.
The employee uses initiative in independently carrying out recurring assignments without specific instructions, but refers deviations, problems, and unfamiliar situations not covered by instructions to the supervisor for decision or help.
The supervisor assures that finished work and methods used are technically accurate and in compliance with instructions or established procedures.  Review of the work increases with more difficult assignments if the employee has not previously performed similar assignments.
Professional positions work on tasks that are varied and complex, requiring the use of considerable discretion and independent judgment in performing assigned work or ensuring the efficient and effective functioning of an assigned program or operational area.  Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to deliver work products or services.  Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
Advanced journey-level Work assignments involve working on tasks that are varied and complex, requiring the use of considerable discretion and independent judgment in performing assigned work or ensuring the efficient and effective functioning of an assigned program or operational area.  Assignments are given with general guidelines and incumbents are responsible for establishing objectives, timelines, and methods to deliver work products or services.  Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements.
The supervisor makes assignments by defining objectives, priorities, and deadlines and assists the employee with unusual situations that do not have clear precedents.
The employee plans and carries out the successive steps and handles problems and deviations in the work assignments in accordance with instructions, policies, previous training, or accepted practices in the occupation.
For professional positions, the supervisor sets the overall objectives and resources available.  The employee and supervisor, in consultation, develop deadlines, projects, and work to be done.
The employee, having developed expertise in the line of work, is responsible for planning and carrying out the assignment, resolving most of the conflicts that arise, coordinating the work with others as necessary, and interpreting policy on their own initiative in terms of established objectives.  In some assignments, the employee also determines the approach to be taken and the methodology to be used.  The employee keeps the supervisor informed of progress and potentially controversial matters.  Completed work is reviewed only from an overall standpoint in terms of feasibility, compatibility with other work, or effectiveness in meeting requirements or expected results.

Establishing Minimum Qualifications

While we recognize the institutional culture and value placed on education, the education and/or experience listed in the classification specification are minimum requirements; placing higher levels of education or experience which are not required for the work performed places barriers for applicants who would otherwise qualify for the job.  The minimum qualifications in the classification specification provide a “typical way to obtain the required qualifications,” in recognition of the fact that there are other ways of qualifying for the work.
The minimum qualifications:

  • Should not be so restrictive that they exclude candidates who might reasonably have the ability to do the work.
  • Should not present artificial barriers to employment;
  • Need to be practical in the sense that they are obtainable in the general labor market;
  • Should address Knowledge, Skills, and Abilities (KSAs), however, KSAs that can be obtained on the job should not be factored into the requirements; and
  • Need to be tied directly to the job duties.
  • A classification or class may contain only one position or may consist of a number of positions. When you have several positions assigned to one class, it means that the same classification title is appropriate for each position; that the scope, level, duties, and responsibilities of each position assigned to the class are sufficiently similar (but not identical), and that the same core knowledge, skills, and other requirements are appropriate for all positions in the class.

Food for thought:  As we talk about dismantling systemic racism within our institution and we can recognize that institutions of education have historically excluded or disadvantaged black and brown communities, what it would do for applicants who would otherwise qualify for the job if we didn’t place higher levels of education or experience which are not required for the work performed?


Compensation Study – Comparator Agencies

A classification study takes a snapshot in time of the work being performed by workers.  But that only tells part of the story.  Compensation is another key component in this process.  A study of the current labor market will provide new information to determine whether the organization’s pay structure is appropriate or may need adjustment based on the work identified in the classification portion of the study. Paying people fairly is good for recruitment and retention.

In developing the list of potential agencies for the compensation study, Koff & Associates (K&A) evaluated a number of comparative indicators related to Foothill-DeAnza Community College District’s (District’s) demographics, financials, and scope of services provided.  The following details the methodology and the specific criteria included in the analysis.

  1. Organizational type and structure: K&A generally recommends that agencies of a similar size and structure providing similar services to that of the District be used as comparators.
  2. The similarity of population, staff, and operational budgets: These elements provide guidelines in relation to resources required (staff and funding) and available for the provision of services.
  3. Scope of services provided and geographic location: Organizations providing the same services are ideal for comparators, and most comparator agencies included in the analysis provide similar services to the District.
  4. Labor market: In the reality that is today’s labor market, many agencies are in competition for the same pool of qualified employees, and individuals often don’t live in the communities they serve. The geographic labor market area, where the District may be recruiting from or losing employees to, is taken into consideration when selecting comparator organizations.

The comparator agency analysis includes specific data for each proposed agency:

  1. Geographic Proximity
  2. Educational Administrator, Tenured, and Academic Temporary (Full-Time Equivalent [FTE])
  3. Student Enrollment
  4. Classified Staff (FTE)
  5. All Funds – Revenue
  6. Revenue per Student (per $1,000)
  7. Median Household Income
  8. Median Home Price
  9. Cost of Living

The overall ranking is based on the absolute value difference between the agency on each factor and the District regardless of whether the agency is higher or lower for that factor.  The analysis includes data for informational purposes only, such as the Median Home Price and Median Household Income comparison data.  These criteria are not part of the overall comparison score, as these two factors are components of the % Above/Below U.S. Cost of Living Average.  The analysis utilizes the Cost of Living in the overall rank, as an indicator of the local economy for each agency.

The recommended agencies are those agencies that were identified as being the most similar to the District based on the eight factors analyzed above except for the recommendation to include Chabot-Las Positas Community College District and West Valley-Mission Community College District.  Koff recommended including Chabot-Las Positas Community College District and West Valley-Mission Community College District, as opposed to the other districts, because Chabot-Las Positas and West Valley-Mission are within the local geographic labor market (and is more comparable in terms of cost of living and cost of labor factors).

The list of comparator agencies for our study include:

  1. San Mateo Community College District
  2. Coast Community College District
  3. Peralta Community College District
  4. Ventura Community College District
  5. Mt. San Antonio Community College District
  6. San Francisco City College District
  7. Riverside Community College District
  8. Santa Monica Community College District
  9. North Orange Community College District
  10. Contra Costa Community College District
  11. Chabot-Las Positas Community College District
  12. West Valley-Mission Community College District

With issues of classifications and compensation, using this data-driven approach to determine comparator agencies is a change for the District and one of the key reasons we selected Koff to conduct this study.  Traditionally, the District has used the Bay 10 – West Valley, Mission, San Mateo, Skyline, Cañada, Ohlone, San Jose City, Evergreen, Foothill and De Anza –  for comparison with mixed results.  Our cost of living may be similar to Ohlone (Fremont) or Evergreen (East San Jose), but the size of our institutions in terms of student enrollment and staffing are vastly different.  Using a defined set of criteria, like the eight identified above by Koff, allows us to see real differences between FHDA and the comparator agencies, both in terms of the comparator agency itself and the factors that affect the economy in which the agency is located.

Based on preliminary independent research, in most instances, FHDA pays more than other community colleges.  We have been reviewing the information and negotiating with the District based on what makes sense given the fiscal climate.

We’re conducting a compensation study when there is no money?
Yes.  Separate from the District’s budget challenges it is important to know if people are being compensated appropriately for the work they do.  Using a strong, industry-focused compensation survey as the foundation for pay decisions allows us to make fairer decisions and manage resources more wisely.

We’re getting a raise?
Some may, some may not. If you’ve fortunate enough to work in a classification that is already at a market rate based on our comparator agencies, good for you.  Not everyone has been.

It is worth noting, this analysis is not based on the quantity or quality of work. Those are both management issues. 


Representation and Participatory Governance

There has been a little confusion on the appointment of classified professionals to participatory governance committees.

Per ed code, the authority to appoint representatives to serve on any college or district committees lies with the exclusive bargaining unit, not the Senate.  For ACE, if a committee makes decisions that will have a fiscal or employment impact on members in our unit, ACE retains its authority to serve as the official representative. For committees where this isn’t the case, ACE has deferred its authority to the Senate to appoint a representative.

CA Ed Code 70901.2. (a) Notwithstanding any other provision of law, when a classified staff representative is to serve on a college or district task force, committee, or other governance group, the exclusive representative of classified employees of that college or district shall appoint the representative for the respective bargaining unit members. The exclusive representative of the classified employees and the local governing board may mutually agree to an alternative appointment process through a memorandum of understanding. A local governing board may consult with other organizations of classified employees on shared governance issues that are outside the scope of bargaining. These organizations shall not receive release time, rights, or representation on shared governance task forces, committees, or other governance groups exceeding that offered to the exclusive representative of classified employees.

It is also important to note that the Senate and bargaining units have very different charges which are not interchangeable. It would be prudent for any committee making decisions that impact classified professionals to have both organizations represented.


PGA Changes: Replacement Hours for Old Awards; New Guidelines for New Awards

Changes to our Professional Growth Award (PGA) program in order to do two things:

  1. Help those with old PGA awards have more hours count towards pensionable income after CalPERS adjusted what they would accept; and
  2. Update the PGA application and guidelines to move many items currently allocated under section five to section one.

Background:
In June of 2019, with a large retiree exodus and a new account administrator at CalPERS, some of the activities allowed under PGA were called into question regarding their eligibility as pensionable income.  In fact, CalPERS made the determination that only hours earned in section one (college, adult education or trade school courses) met the definition for special compensation as defined by the California Code of Regulations, section 571:

Under topic #2, Educational Pay, where PGA is categorized:

“Educational Incentive is defined as compensation to employees for completing educational courses, certificates, and degrees which enhance their ability to do their job. A program or system must be in place to evaluate and approve acceptable courses. The cost of education that is required for the employee’s current job classification is not included in this item of special compensation”.

Your awards are still worth $90 each but for pensionable reporting purposes, CalPERS will prorate the percentage of an award to those hours attributed to section one.

To have more hours count as pensionable, we have agreed to the following changes to the PGA application and guidelines:

  1. Section one will be retitled as Certificate, Course, or Degree.
    1. Section 1a will cover accredited courses and continuing education units (CEU).  We have removed the minimum hours required to use this section.
    2. Section 1b is new and will cover many job-related certificated skills training previously listed under section five.
    3. There is no maximum for either of these activities and you are allowed to carry these hours forward to future awards.
  2. Section five will be retitled as Job-Related Conference, Seminar, or Lecture. Participation in job-related special activities, such as seminars, conferences, conventions, institutes, and lectures offered by colleges, adult schools, professional associations, and community organizations.

For previously earned awards only:

We had already negotiated additional funding  ($20,000 per year for two years) for affected employees to take courses at no cost to them to replace hours on already earned PGAs which are not pensionable.  In addition, to help have more hours count we negotiated the following:

  1. Suspended the limit of 200 hours while on Staff Development Leave.  You may submit hours for courses taken during past staff development leaves that were not counted due to the 200 hours limit. Official transcripts are required.
  2. Allow courses omitted from any previous PGA application.  Submit hours for any course not submitted in previous professional growth award applications. Reminder, you must have been a district employee at the time the course was taken. Official transcripts are required.
  3. Allow courses not counted due to receiving educational reimbursement from the District.  You may submit hours for classes taken that were not counted due to receiving educational reimbursement from the district. Official transcripts are required.
  4. Job-Related certificated training.  You may submit hours for previously completed job-related activities/training where certification was provided. This refers to items previously reported in section five “Job Related Special Activities” in prior awards. Please provide copies of previous PGA applications with section five applicable items highlighted. The committee will review all items to make sure they are job-related/job skill-building sessions.
  5. New Job-Related Certificated training.  You may submit hours for new job-related activities/training where certification was provided. The committee will review all items to make sure they are job-related/job skill-building sessions. Certificates/transcripts are required.
  6. Apply any carryover hours from section one.  If you have carryover hours in section one, you may apply them to any previous award where replacement hours are needed.

For these previously earned awards, the review and application process is effective immediately and will continue through June 30, 2022. Current employees must submit the completed application, hours audit, and applicable documentation by the deadline in order to request a review of hours for the PGA substitution process. Applications submitted after June 30, 2022, will be deemed late and will not be processed.

To review your previous award(s) information:

  1. Please send an email to whitechris@fhda.edu.  Be sure to include your CWID.
  2. This request is for a copy of your completed application(s) and the tally sheet(s) used by the PGA committee. No backup material will be provided.  This should help you determine how many hours you have under section one and applicable hours under section five to estimate how many of your completed PGA’s are eligible as pensionable income per CalPERS. 200 hours of credit equals one award. For example, if you’ve completed eight awards but only have 1,000 hours in section one, CalPERS will credit five awards as pensionable (5 x 200 = 1,000 hours).
  3. Turn around time to receive the request for information is approximately three weeks.  To not overburden an already short-staffed human resources department.  Your patience is appreciated.

For new PGA awards:
The application and guidelines have been updated to reflect the following changes:

  1. Job-Related certificated training. These hours will now be listed under section 1b.
  2. All rules under PGA guidelines apply to new awards. The suspension of rules for previously earned PGAs does not apply to new awards.

Reminder:

  1. PGA is publicly funded.  As public pensions and CalPERS continue to be scrutinized by the public it is imperative that the activities we submit as special compensation follow the rules set by CalPERS.  The burden of verifying the eligibility is on the District before the income will be reported as pensionable. We do not want to provide cause for a CalPERS audit by reporting income as pensionable which does not meet their definition for educational pay.
  2. The authority to accept or deny an activity, along with which section of the PGA application it is attributed, is at the discretion of the PGA Review Panel. These are your colleagues who are donating their time to administer this program and who have consistently demonstrated they will do all they can to have hours count towards an award.  You may not always like their answer. Be kind.
  3. PGA Review Panel:  Kris Lestini, Mary Medrano, Kit Perales, Denise Perez, Shawna Santiago

ACE Update 04.06.2020: Resources; Negotiations Update; PGA Applications; March COLA codes explained; CalPERS Lawsuit

President’s Message

Week four of this shelter in place (SIP). For some this transition has been seamless. They love it.  For many others, it’s a little tougher. Some are missing students, colleagues, access to good internet or critical files you can’t get too, or simple everyday human interaction. Be kind to yourself and take time when you need it.

“Some days, doing ‘the best we can’ may still fall short of what we would like to be able to do, but life isn’t perfect on any front-and doing what we can with what we have is the most we should expect of ourselves or anyone else.” Mr. Rogers

The District has been very good about working with the bargaining units on developing policies and providing resources around remote work, adjusting agreed-upon negotiation deadlines so our members aren’t negatively affected, and overall giving everyone a little grace during this difficult time.

During this time ACE continues to work on negotiations, the classification study, and represent members as needed. If you need anything or have suggestions, please drop me a line.

Gratefully,

Chris White, ACE President
(650) 949-7789, office”The fight is never about lettuce or grapes.  It is always about people”. – César Chávez

Negotiations Update

Chair of Negotiations, Cathleen Monsell

Due to the Coronavirus (COVID-19), negotiations have been suspended while the District attends to operational issues so all employees can work remotely with the shelter in place (SIP) mandated by state and county health departments.  As such, classifications agreed to by the original deadline of March 20 for retroactive payment to July 1, 2019 have been extended to two weeks after the date negotiations resume. We haven’t set a date to meet.

Prior to the SIP, negotiations had been moving forward in a positive manner and we don’t expect anything different once we are able to meet again at the negotiations table.


Resources

ACE has worked collaboratively with the District and other bargaining units to develop guidelines to help you navigate this new work reality. Some of the most common questions I receive revolve around financial support for using personal cell phones/internet charges or internet is too slow/bad connection, what can I do? Additional resources are available to address these and other concerns.

Phone
If you don’t want to use your personal cell phone, you can have ETS install the Jabber application on your desktop and send/receive calls from your computer. To find out how to go here:  http://ets.fhda.edu/getting-help/phones/index.html#Jabber

Technology Assistance
Financial assistance to establish or upgrade your home internet equipment:  https://app.smartsheet.com/b/form/00e5d83ca855407e99178dbc5a54c79f

Access to Campus
Per email from Vice-Chancellor of Business Services, Susan Cheu, effective 04/02/2020 employees will not be allowed to come on campus unless they have been designated as part of a critical group. Understanding that many employees were not prepared for the shelter-in-place to extend past April 7th, employees with critical needs will be allowed access to their offices and/or classrooms on Wednesday, April 8th, between 8 AM to 12 PM, provided they obtain prior approval. Employees should contact their dean/manager who will then receive approval from their respective Foothill College – Vice President, Finance and Administrative Services (VP), at De Anza College – Vice President, Administrative Services or a Vice-Chancellor if you are a Central Services staff member to come on the campus. The VP/VC will notify the Police Department of the approved visit including the employee’s name, visit location, arrival time and anticipated length on campus. After this date, non-critical employees will not be allowed on campus for any reason

Human Resources
As part of your negotiated benefits, the Employee Assistance Program (EAP) program is offered at no charge and provides a valuable resource for support and information during difficult times, as well as consultation on day-to-day concerns. EAP is an assessment, short-term counseling, and referral service designed to provide you and your family with assistance in managing everyday concerns.

Professional Development
April 6-10: Foothill College https://foothillcollege.instructure.com/courses/13146; and
De Anza College http://www.deanza.edu/online-spring/training

Ongoing: Foothill https://foothill.edu/staff-development/

Other:
Work project ideas:   http://hr.fhda.edu/_downloads/FHDA_Assignment%20Ideas_COVID19.pdf

Our classified senates are also working hard to make sure we have the support we need. The Central Services Classified Senate has collected resources for training and supporting you here: Ideas for Supporting for Classified Employees during Shelter in Place.xlsx. Please feel free to add your own best practices and tips for staying connected and productive in your new work environment. Share it with your colleagues.


Welcome New Members

Please take a moment to welcome our newest members.  Invite them to a site meeting, answer their questions or point them to their steward if they need additional guidance.  Our association only works with active participation from all our members.

De Anza
Dan Pitchford, bookstore courseware coordinator, Bookstore

Foothill
Martin Solorio, library technician senior, Library
Saul Torres, assessment specialist, Assessment


March Paycheck Codes – COLA

The recent six percent cost of living adjustment (COLA) with retroactive pay to July 1, 2019 which finally hit our paycheck (yay!) bu the codes have left a few questions. Namely, what do they mean?

  • COLA w/R = COLA with retirement (the 3.5% that is pensionable income);
  • OSSP- np = off-salary schedule-pay, not pensionable (this is the 2.5% that isn’t considered ongoing by CalPERS)There are two, one for the current month and one for the retroactive payment; and
  • Retro NR – Retroactive no retirement (for overtime pay which is not pensionable income).

As a reminder, with pension reform in 2013 CalPERS will only accept ongoing salary increases as pensionable.  Of our six percent COLA, currently, only 3.5 percent is ongoing, the additional 2.5 percent is allocated as one-time for this year and next year, 2020-21.  With the successful passing of the bond, we are able to reopen negotiations on compensation and potentially turn that 2.% percent into ongoing.  There are no guarantees and until we do, CalPERS only recognizes 3.5 percent as pensionable. Obviously with the shelter-in-place, getting to the negotiating table is stalled.


Current PGA Application Deadline

Progressional Growth Award (PGA) applications are due to committee members on the 10th of each month. If you were going to turn in an application this month, or any time while we are working remotely, please continue to turn in your application by the 10th.

The PGA committee recognizes, in the rush to get everyone off-campus, you may not have all of your supporting documents for your PGA application. And you may not be able to get it until we return to campus.  While the committee will not be able to verify your application meets PGA criteria during this shelter in place (SIP), they also do not want to penalize members who get their applications on in time.  As such, the implementation and anniversary date of the award will be the month the application was submitted but the actual money for the award, including any retroactive pay for months during the SIP, would not show up in your paycheck until we are able to return to campus, verify the application and then submit it for Board of Trustee approval. If upon return, the committee is unable to verify the activities to meet PGA guidelines, the implementation and anniversary date would not be retroactive.

If you have questions about your application, please review it with a PGA committee member before you submit it.

PGA Members
Denise Perez, FH
Shawna Santiago, FH
Mary Medrano, DA
KIt Perales, DA
Kris Lestini, CS


Census 2020

Did you know each year, Census data informs federal funding for more than 100 programs, including school lunches, highway construction, and education? It will determine congressional representation and provide data that will impact communities for the next decade.

It takes 10 minutes to fill out online:  https://my2020census.gov/

 


CalPERS Lawsuit – Update

In March 2019, ACE filed a lawsuit against CalPERS regarding the temporary five-percent salary adjustment for the 2019-20 fiscal year and their denial that it would qualify as pensionable income for all members.  A court date for February 2020 was set to determine if we should be in front of a hearing officer at CalPERS or if we are properly before the court. In January, we were assigned a trial date but our attorney exercised our right to ask for a different judge. This is one of the nuances which could impact the outcome and we are lucky to have a labor attorney with 30 plus years experience.  All information was submitted to the court in early March but non-essential trials have been put on hold until the shelter-in-place is lifted.  Our case is not deemed non-essential.

When the courts reconvene and they make a ruling on our standing, we can then have a hearing on the merits, either before an administrative law judge at CalPERS or in court in front of a judge. As a reminder, the decision, will impact employees from all bargaining units including administrators.


Dues Forgiveness April, May, and June 2020

email sent to all members 04/02/2020

Good morning ACE Members

I hope this finds you well and navigating these crazy times as best you can.  A tweet came through my feed yesterday that was so on target, I thought I’d share it with you:

“You are not working from home; you are at your home during a crisis trying to work. I’ve heard this twice today. I think it’s an important distinction worth emphasizing”

It is undeniable that the Coronavirus (COVID-19) has impacted the way we work and do business.  As such, the ACE Executive Board recognizes it has the potential to negatively affect our members financially. FHDA permanent workers are still being paid in full. Full stop.  However, many private businesses have closed and/or laid-off workers. From our 2019 member negotiations survey, we know 42 percent of respondents indicated they had, or have had, a second job to keep up with the high cost of living in our area. For those members or members who share financial responsibilities with a partner who works outside of FHDA, that supplemental income most likely has been affected negatively by COVID-19.

To help alleviate any financial stress COVID-19 may have brought to you, ACE will be forgiving dues for April, May, and June 2020.

How can we do this?  Through prudent financial action from this, and previous boards, we have a savings account to address crises like this.  The Board unanimously voted that this is the appropriate time to use some of it.  Even as we take this action, we still have a $500,000 strike fund, five percent of operating reserves and additional funds to cover our pending lawsuit against CalPERS.  In other words, we’re going to be ok.

On behalf of the ACE Executive Board,

In solidarity

Chris


PGA and CalPERS – Request for Previous Application Materials

READ THOROUGHLY

For members affected by CalPERS’ decision to only include section one of the Professional Growth Award (PGA) application towards pensionable income.

  1. If you would like to review your previous award(s) information, please send an email to whitechris@fhda.edu.  Be sure to include your CWID.
  2. This request is for a copy of your completed application(s) and the tally sheet(s) used by the PGA committee. No backup material will be provided.  This should help you determine how many hours you have under section one, whether they were used for an award or carried forward, to estimate how many of your completed PGA’s are eligible as pensionable income per CalPERS. 200 hours of credit equals one award. For example, if you’ve completed eight awards but only have 1,000 hours in section one, CalPERS will credit five awards as pensionable (5 x 200 = 1,000 hours).
  3. Turn around time to receive the request for information is approximately two weeks.  To not overburden an already short-staffed human resources department.  Your patience is appreciated.

If you would like all of your PGA’s to qualify as special compensation under CalPERS’ rules, we have already negotiated additional funding ($20,000 per year for two years) for affected employees to take courses at no cost to replace hours on already earned PGAs which are not pensionable.  In addition, we are still working with the District on an MOU to hopefully include courses which were taken but not included on an application, waiving the requirement for a 100 new hours per award, and/or allowing courses taken on Staff Development Leave (SDL) which were paid with educational assistance.  ACE and the District are committed to helping staff have as many previously earned PGAs count towards pensionable income as possible.

As a reminder, awards are still worth $90 each.  It is only the activities under CalPERS rules for educational incentive special compensation which has changed.

ACE Update 11.14.19: Member Representation; Dues Forgiveness; PGAs and CalPERS; Bond vs. Parcel Tax; Negotiations Update

President’s Message

As I close out my second term as president of ACE, I wanted to thank all of you for your support and inspiration. It is always wonderful to talk with new and veteran colleagues to get a better understanding of the issues important to you. Over the past year, your ACE representatives have worked hard to address your concerns. The results aren’t always perfect, the work is often slow going (hello classification study), and sometimes disheartening (hi negotiations) but it is always done with the goal to make your working conditions at FHDA the best they can be.

A few of our accomplishments this past year include navigating the largest budget reduction in the district’s history ($17.6 million). We were able to minimize the elimination of filled positions – 1.5  out of 17 identified filled positions were cut – with 45 vacant ones also eliminated. No one went down in pay and out of 400 positions – 99 percent of which are full time – only one was reduced by 50 percent. In addition, your costs for benefits did not go up. We were also able to negotiate six percent cost of living adjustment for this year, increase funding for travel and conference, and develop a timeline for completion of the classification study with a financial implementation date back to July 1, 2019. Not to mention the countless members we have represented to make certain they were treated fairly by management on issues around compensation or discipline. Imagine how different all of this would look without a collective bargaining agreement.

There is still more work to be done. We still have our lawsuit against CalPERS regarding 2019-20’s five percent salary adjustment with a slated court date of February 2020. We  dropped our unfair labor practice (ULP) against the District to get them to the bargaining table where we still have additional items to iron out (see below). A successful bond or parcel tax could open further negotiations around compensation and additional one-time funding from the state in 2019-20 leaves open the possibility for more professional development opportunities.

Member representation remains a priority for ACE.  Recent changes to our constitution, approved by you, more clearly define our fiscal obligation to members vs. nonmembers. We continue to operate the business side of ACE as efficiently as possible, forgiving dues when we can, keeping 96 percent of our operating costs directly tied to member representation, and investing our money more strategically to make it work for us. Out of all the work ACE board members, stewards and negotiators do, I hope it is clear that we all do this work from a desire to help and because we believe in the concept that we are stronger together.

In Solidarity,

Chris White, ACE President
(650) 949-7789, office”The fight is never about lettuce or grapes.  It is always about people”. – César Chávez

Dues Forgiveness November 2019

ACE will forgive dues in your November paycheck (Nov. 30).  For Classified Hourly employees, this will be reflected in your December 15 paycheck.

Why does ACE forgive dues? ACE works really hard to be as fiscally prudent with dues collected from members. When we spend less than we’ve budgeted for the year, we forgive dues. This year, because the classification study has taken longer than anticipated and re-classifications are on hold until it is completed, funds budgeted to cover costs associated with classification issues  – ACE pays half the cost for appeals – we’re on track to spend less than budgeted.

What does ACE spend dues money on? Access to representation was the main reason we chose to be an independent union and it is the largest expense in our annual budget.  Several months a year, our legal representation itemizes their bill, and the work they do on our behalf often exceeds the flat monthly fee we pay them.  Other expenses include potential legal costs such as: arbitration (ACE pays half), court filing fees and expert testimonies; accountants, insurance, financial audits and taxes; office supplies, web hosting and routine state fees for running a small business; and training for officers and stewards, food for site meetings and elective stipends for ACE officers.  We also have monies set aside for a strike fund and a 5% budget reserve.

Does ACE spend money collected from dues on political activities?  No.


Professional Growth Awards and CalPERS

Professional growth awards (PGA) are an incentive for workers to participate in activities designed to enhance and update performance through continuing education and involvement in professional organizations and associations, and to improve the capabilities of the worker during the period of employment with the District. Two hundred hours are needed for an award and those hours can be earned across six different categories.   This extra compensation is not part of an employee’s base pay and is attributed as special compensation when reported to CalPERS.

With a large retiree exodus in June and a new account administrator at CalPERS, some of the activities allowed under PGA were called into question regarding their eligibility as pensionable income.  In fact, CalPERS has made the determination that only hours earned in section one (college, adult education or trade school courses) meets the definition for special compensation as defined by the California Code of Regulations, section 571:

Under topic #2, Educational Pay, where PGA is categorized:

“Educational Incentive is defined as compensation to employees for completing educational courses, certificates and degrees which enhance their ability to do their job. A program or system must be in place to evaluate and approve acceptable courses. The cost of education that is required for the employee’s current job classification is not included in this item of special compensation”.

Under topic #5, Statutory items, subsection d:

“If an items of special compensation is not listed in subsection (a), or is out of compliance with any of the standards in subsection (b) as reported for an individual, then it shall not be used to calculate final compensation for that individual”.

From my research, these rules were instituted as early as 1994

What does this mean?

Your awards are still worth $90 each but for pensionable reporting purposes, CalPERS will prorate the percentage of an award to those hours attributed to section one.

What can ACE do?

The response received from Anthony Booth of our legal team:

“There have been some questions received by ACE regarding what, if anything, ACE can do to challenge PERS’ unwillingness to accept certain PGA award credits, which were previously accepted as valid.
Unfortunately, this is a regulatory issue administered by PERS, pursuant to the California Code of Regulations. As they have evaluated their process, they have determined that they were not properly following their own regulation when admitting certain credits.
Unfortunately for us, courts will ALWAYS defer to the administrative agency responsible for promulgating and applying their own regulations. Thus, we cannot challenge this change because PERS has determined that certain credits do not meet the standard of “educational courses, certificates and degrees”, which is well within their rights”

ACE is working with the District to have any rolled forward educational hours substituted for already earned PGAs, including classes which were not part of a PGA application.  Some people would have this if they used educational assistance to pay for the classes. We are waiting to hear from CalPERS whether this substitution would be acceptable or not as the District is not comfortable agreeing to anything until they’ve heard from them.  We have already negotiated additional funding  ($20,000 per year for two years) for affected employees to take courses at no cost to them to replace hours on already earned PGAs which are not pensionable.  ACE also has an email into a representative with CalPERS to find out what happens to the contributions employees made, and those made by the district on behalf of employees, on those awards; what specifically do they mean by “completing educational courses, certificates and degrees which enhance their ability to do their job”; moving forward will it be CalPERS or the District’s responsibility to review appropriateness of courses; and a whole host of other questions.

I can understand your frustration and disappointment and we are all working as diligently as we can to find solutions for affected employees.


Bond vs. Parcel Tax – A Primer

The district is considering placing a general obligation bond or parcel tax or both on the March 3, 2020 ballot.  Over the past few months the District has been surveying the community on what type of programs and/or measures they would support with a bond or parcel tax; holding town halls and other community outreach efforts regarding the Flint Center; and preparing a list of capital projects and equipment needs should the board decide to move forward with a bond and/or parcel tax initiative. The FHDA Board of Trustees will be reviewing a resolution brought by the District to act on a bond and/or parcel tax or both for the March 3, 2020 eledtion at a special meeting on Monday, November 25 at 6 p.m. at Foothill.  You should attend.

What is the difference between a parcel tax and a bond?

Parcel tax General obligation bond
Definition A levy on parcels of property typically set at a fixed amount per parcel. Cannot be based on a property’s value. A levy on property based on assessed value and used for voter-approved debt.
Voter approval requirement Two-thirds or 66.67 percent of voters 55 percent of voters
Restrictions and requirements
  • Use of funds restricted to the public programs, services, or projects described in the tax measure. May include salaries.
  • Chief Business Officer (CBO) required to give public update to school board each year on the amount of funds generated and how funds are being spent.
  • Duration of tax must be specified in measure, typically three to seven years.
  • Funds may only be used for school facilities. May not be used for teacher or administrator salaries.
  • Independent annual audit and citizens’ oversight committee review required.
  • Measure must include a specific list of projects.
  • Two-thirds of governing board must approve the bond.
  • Measure must be on a statewide or regularly scheduled local election.
  • Property tax may not exceed $25 per $100,000 of taxable property value.
Pros and cons
  • Considered a regressive tax. Property owners pay a fixed amount per parcel, regardless of property value.
  • Possible to exempt certain groups of property owners, such as senior citizens.
  • Stable, short-term funding for three to seven years.
  • Flexibility in use of funds for programs and salaries.
  • Provides less revenue overall than a general obligation bond.
  • Can be problematic upon expiration of parcel tax authorization if revenue has been used for ongoing expenses, such as employee compensation.
  • Considered a progressive tax. Property owners pay more or less based on assessed value of property.
  • Opportunity to reduce projected costs to taxpayers through refinancing of bonds.
  • Long-term funding of 10 to 30 years.
  • Restricted to funding facilities but can offset general fund dollars that would otherwise cover facilities debt, scheduled maintenance, technology and instructional equipment replacement/upgrades, and salaries directly related to administrative oversight work on construction projects authorized by voters in a bond measure.

What bonds or parcel taxes has Foothill-De Anza passed?

Foothill – De Anza successfully passed two bond measures: Measure E in 1999 for $248 million and Measure C in 2006 for $490.8 million.  A full list of projects for both of those measure can be found under the bond measure web page.  In 2010, FHDA was unsuccessful in passing a parcel tax, estimated to provide an additional $7 million annually, garnering 57 of the 66.67 percent of votes needed to pass.


Negotiations Update

by Cathleen Monsell, chair of negotiations

We continue to negotiate with the District on the implementation of the classification study.  Our legal representative had to make clear our dismissal of the unfair labor practice (ULP) didn’t not dismiss our assertion that we are operating from the terms agreed upon with the the District in a memorandum of understanding (MOU) regarding the salary portion of the study signed in January of 2017. We agreed to drop the ULP and bargain the issue.  We’re waiting for the District to bring a proposal to the table. We met on Nov. 7 and meet again on Nov. 20.  We also still need to define a process for travel and conference fund applications and are addressing the issues with PGA and CalPERS.


Ratification Vote

Thank you to everyone who voted.

ACE 2019-2020 Negotiated Agreement
Number of Eligible Voters: 353
Number Who Voted: 206
Response Rate 58%

1)   Yes I approve

Number of Votes: 205

2)   No I do not approve

Number of Votes: 1


Officer Election Results

Thank you to everyone who voted.   Officers elected for January 1, 2020 through December 31, 2021. Terms are staggered so not all officer positions were up for election this year.

ACE                                                  De Anza
Chris White, president                     Vins Chacko, vice president
Keri Kirkpatric, board member seat 1

Central Services                                    Foothill
Scott Olsen, vice president             Christine Mangiameli, board member
Andre Meggerson, chief steward


Thank You Josh Pelletier

Josh has been chief steward for Foothill since March of 2018. He has served with gravitas, professionalism and compassion and his advocacy for workers leaves a lasting impact on the ACE organization. On a personal note, I want to thank Josh for his counsel and friendship.  On more than one occasion, he has listened to me lament and provided sound advice, and a laugh, so I could continue to do this work.

We wish him well in his new role as supervisor for community outreach at Foothill.


Wanted:  Interim Board Member, Central Services

ACE is seeking an interim board member for Central Services.  The position would start January 1, 2020 and run through December 31, 2020.  ACE board members serve in addition to their full-time FHDA job. The position is voluntary with ACE providing an optional $125 monthly stipend.

As part of the executive board, board members are directly responsible for:

  1. The operation of ACE.
  2. Assuring the appropriate expenditure of funds.
  3. Proper and legal administration and implementation of the Constitution.
  4. Any representation of ACE that has been authorized by the Board in order to bind ACE or agree to any issues subject to collective bargaining and EERA.

Duties of the Board Members:
There are four (4) Board Members nominated from and elected by the General Membership. The Board Members shall:

  1. Ensure that the interests and directives of the General Membership are represented at Board Meetings.
  2. Serve on two (2) College or District Committees pertinent to ACE business and report back to the Board.
  3. Attend the Classified Senate meeting at each location. At least one Board Member from each site should attend, but two (2) members should not serve on the same Senate.

Serving as a Board Member requires subordination of personal interests to those that represent the highest good of the members. Board Members shall have no greater rights than any other member of ACE.

Attendance at Meetings
Executive board members are required to attend all general membership and site meetings in their respective jurisdictions and meetings of the executive board unless the absence is excused by the president of a majority of the Board.

Current meetings of the Central Services ACE Board Member 2019 – 2020:

  • District Human Resources Advisory Committee (HRAC), which rarely meets.
  • ACE Board Meetings: the second Wednesday of every month, alternating between campuses.
  • Central Services Classified Senate meetings.
  • Any special projects or committees.

Next Step
If you’re interesting in serving as the board member for central services, please send an email to whitechris@fhda.edu no later than Friday, Dec. 6.