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Pupils in Rokycany became hostages, teachers did not receive salaries

Anglická verzia – english version.

Pupils in Rokycany became hostages, teachers did not receive salaries. School teachers in Rokycany are still without salaries. Also before Christmas.
This is english version of cause from newspaper Korzar.
Problémom na Základnej škole Rokycany som sa venoval na stránkach denníka Korzár (príslušné linky prikladám). Pozrite si anglickú verziu článku plus kontextového článku o tejto kauze.
Pupils in Rokycany (village in the eastern part of Slovakia, near the Prešov town) became hostages, teachers did not receive salaries. School teachers were still without their money (from public resources) also before Christmas. They teach children from Roma minirity. It is problem, that concerts topics poverty eradication, jobs and employment, Education and skills development.

Žiaci v Rokycanoch sa stali rukojemníkmi, učitelia nedostali výplaty

Obec s otvorením 5. ročníka súhlasila, starosta si ide svoje.

21. okt 2020 o 0:00 MICHAL FRANK

Zdroj: https://presov.korzar.sme.sk/c/22514752/situacia-v-skole-v-rokycanoch-je-vybicovana-ucitelky-nedostavaju-vyplaty.html

Pupils in Rokycany became hostages, teachers did not receive salaries

The municipality did not agree with opening of the 5th year, the mayor does at his discretion.

ROKYCANY. The situation at primary School in Rokycany in Prešov district is critical.
The teachers do not receive salaries and school does not pay insurance contributions. There is nobody to sign invoices, the children's health is also endangered, because hygienic aids are running out.
Today's situation is the result of the tension, which was created after the removal of the director of the primary school Iveta Markovičová by the mayor of the village Miloš Jaroš (Smer-SD).
The court will decide about the contested removal. He was criticized not only by municipal board, but also by the Ministry of Education.
Organizations like Teach for Slovakia or Združenie občanov miest a obcí Slovenska (Association of citizens of cities and villages of Slovakia) (ZOMOS), trade union, eurodeputy Miriam Lexmann, her husband, district governor Milan Majerský (both KDH), as well as a number of institutions joined.
On the other hand, is the mayor, to which the support was expressed by Združenie občanov miest a obcí Slovenska (ZMOS).

“This state is caused exclusively due to the action of the mayor”, claims Uhlár that he did not address either the school at the removal.
Only after the warning of Okresný úrad (the District authority) Prešov did so additionally when it was inoperative.
Also, the chairman of Prešovský samosprávny kraj (the Self-governing region) Milan Majerský appeals to the mayor: “I am asking you not to prevent operation of primary school in Rokycany and enable pupils to develop their ability and take continuous education.”
Mayor Miloš Jaš claims everything to be in line with the law. He states for Korzár about missing salaries: “When a primary school director with legal personality is, for example, for a long-term incapable of work, someone is authorized for managing school.”
He did not specify who is authorized by managing school. Acording to our information, nobody is authorized.
He also insists on the correctness of the Director's removal. “I think she was removed rightfully, ” says Jaš and states, that Markovičová did arbitrarily when establishing zero and fifth year.
Jaš answered to district governor´s open letter: “It is not my intention to harm neither our children or teaching staff. However, in the given case, I hinder the interests of children and oversee on quality of their education and my efforts is also to avoid the separation of Roma children.
By the way, Mayor Miloš Jaš, who held this post since 2010 to 2014, survived this year and attempt to appeal in a referendum, although it was tight.
The referendum was attended by 291 of 665 voters, representing 43.76 percent.
In order the referendum to be valid, it is necessary to exceed a 50-percent border.
Director removal affair detonator
Let's see closer to how the whole problem on primary school in Rokycany arose.
Whole affair detonator was mentioned removal of Iveta Markovičová at the beginning of the new school year - September 2, 2020
“He called me in the afternoon and put in my hand, to take over the letter, in which the removal was”, she describes a fate day.
As the reasons he stated, the failure to fulfill qualifying assumptions, a breach of budgetary rules and in particular the arbitrary opening of the 5th year.
This point was a key, mayor relied on the foundation charter (yet we get to it), and made a criminal announcement at the Markovičová.
He didn't succeed with him.
The police returned it to him: “By studying of it we have not detected any criminal proceedings that the police should address, or that should be in its competence”.
Mayor in announcement claimed that the director opened the fifth year arbitrarily.
“This decision cannot be regarded as defending compulsory school attendance, quite the opposite, explained to the mayor Jaš district police director František Havira.
He instructed him, that “the crime of damaging the psychological health of minor children”, from which the Mayor blamed Director, the law does not know.
“The Director did arbitrarily also for this reason, that I as a founder, when submitting the organizational structure, I answered on 9. 7. 2020, disagreed with the establishment of zero and fifth year, due to insufficient capacitive premises and the school district established in the Bajerov, ” defends himself the mayor.
As described, the request despite the disagreement, director addressed to deputies and those approved it on 20.7..
According to the mayor, the founder consent is also needed to expand the first classes.
It does not deny that the representation of such a consent was, but at the same time, he challenges it: “In the context of the adoption of a resolution, I consider that the submission of documents to the founder and deputies are governed by the competencies that are determined by Act no. 369/1990 Coll.”
Euro deputy: Children are hostages
Affair also reached the European Parliament's land.
The primary school in Rokycany last year visited and praised highly Eurodeputy Miriam Lexmann.
“All the more I´m sorry for today´s situation, as a result of which children are the victim of superior interest of an individual, over justice. Since the beginning of the school year, the school works in illegal condition - without director. Previous director was removed in special circumstances by mayor. Despite communication from the Ministry of Education, he was acting incorrectly, is the current teaching process held and the pupil's parents rose public and private imposing appeals, to make children of Rokycany moved to school in the neighboring village of Bajerov, although they do not want it. Since the statutory authority is missing, it is not allowed to take on the teacher, the school needs urgently, ” wrote in September status.
She pointed out, that the situation is tense and its hostages are children and their hope for normal life.
Error in the foundation charter
The primary school in Rokycany was set up by Jaš's predecessor, as a result of the abolition of the Bajerov's joint school district for the village of Rokycany.
And also, after problems with a private special primary school they closed.
By decision from 16.6.2018, The Ministry of Education of the Slovak Republic included the primary school Rokycany 46 to the network of schools with the date of commencement of action on 1.9.2018.
The goal was to build a high-quality inclusive school.
Directly in the foundation charter, withdrawn by the Education Resort, is still contradiction to this day.
Although the law does not know the concept of school with the years of first degree, in the foundation charter, it is directly stated that it is “a primary school with the first degree”. At the same time, it is directly written in it, that the school also provides “lower medium education” (second degree of primary school)”.
Just opening the 5th year on this school became an apple of the dispute.
According to the interpretation of the Ministry of Education, the contradiction in the foundation charter is not an obstacle and the opening of the fifth year should not be a problem.
Gröhling appeals on Jaš: Respect the ministry
Minister Branislav Gröhling (SaS) expressed in a letter, that we have available, that the Act shows that it is sufficient to primary school to become not fully organized, not to have although one year.
“Thus, the school that has five years is not fully organized, ” stated the minister.
He reffered to Jaš publicly: “Dear Mr Mayor, I ask you to respect our opinion and solve the problematic situation in your village. It is in the interest of all involved that the educational process took place seamlessly and fluently.”
His request wasn´t heard.
ZMOS expressed support to the mayor
The mayor relied on the formulation in the foundation charter when deciding.
He was also supported by ZMOS Education expert Zdenko Krajčír: “Elementary school in Rokycany is included in the network as primary school with first-degree years, i.e. with years 1 to 4.”
It is possible that Krajčír was based on the wrong premise when he claimed the following: “Mayor stressed that the village Rokycany has not been consent to the establishment of a 5th year in School of Rokycany, did not sign the proposal to organize the school year 2020/2021, did not interrupt an agreement on a joint school district in the Bajerov and neither disrupted VZN about a joint school district for pupils in the age of second degree of primary school. In addition to the unauthorized opening of the 5th year, a zero year at primary school was also opened without the consent of the founder in Rokycany.
In fact, the village approved it and mayor signed.
Municipal board change approved, nobody objected
As a document showing at the official municipal website, by five votes from five present, and by subsequent mayor signature was on 20.7.2020 approved resolution, according to which the municipal board (MB) “agrees with the change in the foundation charter of Rokycany 46 from not fully organized to fully organized school “.
This is also confirmed by the MB deputy Róbert Šoltis (Šanca).
The mayor still claims that the director did it arbitrarily. But it was not arbitrarily, because the municipal board on 20.7.2020 adopted a proposal to organize a new school year at Rokycany. It was approved and signed. We ordered the mayor to change the establishment list. He was idle, ” said about the decision to open a 5th year.
The main controller, the legal representative of the village, and the ZOMOS representative were also present at the meeting. No one objected.
Therefore, according to the deputy, in no case, it could be a serious violation of a generally binding regulation according to which the Director could be removed.
The ex-director says, that the contradiction in the charter alerted multiple times. The proposal for an organizational change, thus opening the 5th year, was also not new. The request was already raised by parents in May 2019.
The proposal submitted to Mayor and Members on 1.6.2020, on 9.7.2020 school council discussed it.
“There were also representatives of the municipality, no objection was raised neither then nor later, ” says Markovičová, and that she would not do such step arbitrarily.
The head of the municipality claims the opposite and refers to its rejecting opinion from the assessment of the approval by the municipal board.
Combating competence
“The establishment of the school is the exclusive competence of the board, ” highlights the boss of the ZOMOS Uhlár and that the municipality has fulfilled these steps.
“It is not true that the director did without the consent of the municipality. The mayor is not a school's founder, the municipality is the founder, ” confirms deputy Šoltis.
Mayor Jaš sees it differently. As follows not only from already mentioned statements, but also from the answer to the district governor, he is considered the founder and therefore had the right to remove the director.
According to Jaš, at the end of the 2019/2020 school year, an application for a change in the organizational structure, the establishment of zero and fifth year was received.
“On 29th June 2020, I gave her a rejecting opinion as the founder. Nevertheless, the application for an organizational change was reiterated on 20th July 2020 on a municipal board. The Legal Representative of the municipality gave the promise that a supplement to the foundation charter will be drawn up, if director provides the necessary documentation. Unfortunately, it didn't happen. The opening of zero and fifth year without the consent of the founder, I consider a gross violation of working discipline, “ Jaš explained the reason for the removal of the then school director.
Bajerov gives hands away
Zero and fifth year opened. Part of the children attends it there, another part in the neighboring village where they belonged in the sense of a common school district.
According to the critics of the mayor, just the neighbouring Bajerov can be interested in Rokycany Roma children.
Unofficial information also talks about attempts to rediagnose and give to special classes with higher directions on the pupil.
Supposedly parents have been persuaded to give children to Bajerov, otherwise they will have problems with the welfare.
Mayor of Bajerov Vladimír Mrúz (Smer-SD) is dissociating from it.
For Television Markíza he said: “I don't know about it, either my director, to come and persuade someone. No way.”
Jaš: Pupils were enrolled in Bajerov
Pupils were enrolled properly and in time to 5th year to school of Bajerov. According to the decision of the school, the primary school is responsible for these pupils. Since they do not visit the primary school according to the decision, their absence is reported in primary school Bajerov. For minor children in this regard, the primary school, where children were admitted on the basis of a decision is responsible”, states for Korzár mayor Jaš.
According to him, some pupils in Rokycany are placed in a zero year of primary school, even despite they know the fact, that at least one pupil could go to the first year in Rokycany, but went to Bajerov.
He emphasizes, that the first year in primary school of Rokycany is not open.
The Ministry of Education in the guidelines notes, that the director had the right to open the 5th year, but can do nothing about it.
The District Office recommended the mayor to proclaim the selection procedure, it can't do more about it.
Deadlock continues. Teachers remained without money, school do not fulfil other commitments.
School unions started to act. The court asked for the issue of urgent measure for authorization of director and responded, by their opinion, to the unlawful removal of director. They attacked him in court, after the previous challenge, they already submitted a legal action.
Since there still is nobody who can do statutory functions, to sign documents, when the mayor is idle until the court's decision, there´s a threat that salaries do not come and school will also get to other problems.
According to teachers, they are already feeling this on their own, and not only financially. Purchased stocks of hygiene needs are running out.
Although the ministry sent money to these hygienic needs, no one can withdraw them.
If the situation does not change, the health of children and school staff will also be endangered.

Context article:

School teachers in Rokycany are still without salaries. Also before Christmas

Odstránenie chudoby / Pracovné miesta a zamestnanie / Vzdelávanie a rozvoj zručností
Poverty eradication / Jobs and employment / Education and skills development

Učiteľky zo školy v Rokycanoch sú stále bez výplat. Aj pred Vianocami

Starosta situáciu nerieši, má voľno do 11. januára.

23. dec 2020 o 0:00 Michal Frank

Zdroj: https://presov.korzar.sme.sk/c/22560413/ucitelky-zo-skoly-v-rokycany-su-stale-bez-vyplat-aj-pred-vianocami.html

School teachers in Rokycany are still without salaries. Also before Christmas

Mayor does not solve the situation; he is off until 11th January.

ROKYCANY. Primary School (PS) in Rokycany in Prešov district was nominated for Roma Spirit 2020 for ensuring education of pupils who have been incorrectly enrolled at a special school in the past.
Furthermore, for the “toughness and extreme resoluteness of the whole team and finding new methods for quality teaching”.
More than they did not gain the main price, the teachers from the primary school Rokycany 46 face the other problem. Since the beginning of the school year, they did not see salaries.
Four Months without Statute authority
The problem occurred immediately on September 2, when on behalf of the founder, mayor of the village Miloš Jaš (Smer-SD), removed the director of primary school Iveta Markovičová.
The removal itself was questionable.
The reason was to be opening of a fifth year.
The mayor was against and insisted that Roma children from Rokycany took the second degree to neighboring Bajerov.
It was leaning on the foundation charter of the school that is disputed at this point.
Although the Ministry of Education, the municipal board, school trades, Teach for Slovakia, even county agreed with the director, mayor lasted on its.
About the eligibility of his step decides the court. Apart from the contentious removal, it was essential what happened, or rather what did not happen then.
Immediately after the director was removed, the Mayor was to commit a school leader one of the teaching substitutes. According to our findings, he didn´t do it until 17th December.
They did not give salaries, they did not pay invoices, disinfection ran out
Until then, the statutory authority was responsible for running school, who did not exist for several months.
In practice, it meant that there was nobody to sign salaries, pay taxes and contributions, neither sign orders, contracts, invoices.
For example, school ran out of disinfectants and did not purchase new. It also lost money. As a non-payer it is also threatened by fines and penalties.
In addition, it will also lose further money.
“If the funds for personal costs will not be drawn, must be according to law returned to the state budget by the end of the year, ” Darina Nagyová, chairwoman of the Prešov Region Council of Združenie základného školstva Odborového zväzu pracovníkov školstva a vedy na Slovensku (The Association of Basic Education of Education and Science Workers Trade union in Slovakia) stated.
The trade union chairwoman has pointed out to us that the condition we wrote about in October still lasts.
All school workers carried out their work without salaries. Nothing has changed after ministerial inspection either.
Teachers were provided a loan by trade unions to have a basic living.
Mayor does not deal with the situation, he takes leave
Mayor Jaš claimed us in October, everything was in line with the law.
He stated for Korzár about missing salaries: “When a primary school director with legal personality is, for example, for a long-term incapable of work, someone is authorized for managing school.”
According to our information, no one has been until now, until the 17th December.
Currently, Jaš is already a man of a few words.
“Until 11.1.2021 municipal authority takes leave. Please send your questions after this date.” was the only thing that he referred to us.
We asked him why he hasn´t commissioned a new person until 17.12. , when the director was removed on 2. 9.
This state has caused teachers to work for four months without payout.
Either contributions and taxes have not been paid.
That is why we asked, if he feels responsibility for this condition.
We have not received the answers either to further questions: whether he is not afraid that unpaid money for personal costs will fall into the state budget, or how he wants to address the situation further.
Inspection confirmed the infringement of the law
On the contrary, the press department of the Ministry of Education (ME) said a lot about it.
They confirmed that on 15th December, that is two days before the mayor finally entrusted new person by managing the school, were in Rokycany on inspection.
At the meeting with the mayor as the statutory authority of the municipality, which is the founder of the school, the employees of the Ministry of Education discussed protocol about inspection result.
The mayor was the inspected entity.
According to the ministry, there were three deficiencies. The first finding is a controversial foundation charter with confusable data.
The second was the Director's removal procedure. The founder did not deliver the school council a request for a statement of school director removal”, pointed out of the law violation the Ministry of Education.
The third finding was the procedure of the founder in the authorization of the School Education Employee by his management: “The founder is obliged after school director removal to commission the leadership the pedagogical employee of the school, which did not happen.”
Helpless Gröhling and its Resort
Inspection and discussion protocol Jaš signed. He confirmed to act unlawfully in case of not to authorize the new director. He changed the condition right after the meeting. But for teachers have not received four months salary, not even taxes and contributions haven´t been paid, is not responsible anybody.
Also, the Ministry of Education dissociates from it. “This was not the subject of inspection. The founder provides the financing of the primary school.”
The Ministry does not feel responsibility for the resulting state, as the appointment and removal of the director of the school is in the competence of the director of primary school. “The Ministry of Education does not interfere with the founder competence.”
Minister Branislav Gröhling (SaS) called the Mayor after the start of the new school year to respect the Ministry's opinion that the primary school can have the zero and fifth year and solved the problematic situation.
He did not succeed with his appeal.
Now the resort of education claims only, that the Mayor Jaš made a mistake.
According to the Ministry of Education of the Slovak Republic is not clear, whether the money earmarked on the basis of directions will fall back to the state budget.
How do they want to solve the situation? What will be next?
“An inspected entity (the founder, mayor of the village) is obliged to take measures to eliminate deficiencies. Following the results of the inspection he should take steps to set the foundation charter in order and at the same time the new school director should be appointed.” the Ministry of Education responded.
They give away hands from that
It confirmed its attitude, that after the legal assessment of the situation, it was clearly expressed in favor of opening the 5th year at school and teaching of the 5th year pupils from the school year 2020/2021.
“The mayor of Rokycany also called for this opinion to respect and in accordance with the planned learning organization at school in the school year 2020/2021 allowed its smooth and trouble-free course.”
But from further problems with unpaid money, the resort of education gives hands away:
“As regards the workplace or criminal proceedings concerning school, its workers or its founder (Rokycany municipal), this is out of reach of our Ministry and we must respect the rights and competences determined by the Act by the participants of these proceedings.”
Union leader Nagyová shakes her head about current state of school: “It's not a normal situation when people need to lend money to normally work and teach.”

Predklad/translantion: jaspravim.sk
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