VTA should counter sue VUSD to recover excess payment to VUSD for release time president compensation

Will the VTA file a counter suit against VUSD?

The cost of salary and benefits for VUSD is exactly the same whether the president is in her classroom or out of it, except for one thing, the cost of her substitute. The VTA has always paid more than that cost every time the president has been out of her classroom. Since January of this year VTA has paid far more than the cost of a substitute.

The intent of the language on this matter in the state Education Code is clear no side should profit, neither the district nor the association. In our case the district has profited for years.

The Education Code says that an association is only responsible for the additional costs of a substitute for the president which may also include a small administrative charge, no more. Read section 44987.3(d)
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=44001-45000&file=44930-44988

The VTA bargained in good faith and got stuck with paying more than the costs of a substitute plus administrative costs. Now the district via the lawsuit has reneged on the bargained agreement. VTA leadership owes no loyalty to the bargained agreement since the district school board has chosen not to honor it. Excess money above and beyond the cost of a substitute for the president should now be placed into an escrow account. Under no circumstances should this excess be given to the school district.

Here is the bargained contract language between the association and the district: “VTA Contract, Article 9.10, allows for up to a 100% release of the VTA President. The cost of this release time will be borne by the VTA based on Class C, Step 4 ($41,562) of the Teacher’s Salary Schedule.”
http://vistaschools.blogspot.com/2009/09/release-time-president-vusd-board.html

The cost of paying for a teacher at Class C, Step 4 is far more than the cost of a classroom substitute as required by law.

The governing body of the VTA, the Representative Assembly, needs to immediately file a counter suit against the district for the return of all of that excess payment plus interest. They sued us. Let's return the favor.

The Vista Teachers Association and its members are the victims in this whole release time president brouhaha. We need to be made whole. No teacher’s salary, in this already very low paying district, should be used to subsidize the running of this school district.