I emailed the Collective Bargaining Agreement to the Commissioners last night and received this response from President Brumfield this morning.
Elaine,Thanks for clarifying that, Dave. I wish we could try. You never know until you do.
Under any CBA, like the teachers contract conditions of employment cannot be unilaterally changed by the employer without the negotiated consent of the union. The courts have held that such changes can constitute a grievance. I apologize for giving the misleading shorter answer, the fact is the SD labor counsel should vigorously warn against taking the steps you recommended.
Dave
Update 01 25 12 A resident/blog reader sent an audio clip of Bill Lewis' comment from the 01 23 12 Commission meeting. The reader wrote, "The exchange between Mr. Lewis and the Commissioners concerning off-site parking during the HS construction is one of the best clips I've heard for a while, because it illustrates the arbitrary nature of local government enforcing its own laws." The first voice is that of Bill Lewis, followed by President Dave Brumfield and Solicitor Phil Weis.
Bill Lewis' comment
Bill Lewis' comment