Note: the provided job description and pay grade information is included below. Pay code information for additional types of compensation were not provided; e.g., if there was a car, computer, or cellphone reimbursement.
From: ‘J.H. Snider’
Sent: Tuesday, September 18, 2018 1:16 PM
To: ‘Mosier, Bob’ <RMOSIER@AACPS.org>
Subject: RE: Public Information Act Request
Dear Mr. Mosier:
Impressive job description. Thank you for deciding to fulfill that part of my Public Information Act request.
I believe a reasonable person would take your non-response to my various queries concerning your various pay codes as a claim that the only disclosable pay code (compensation) for you in the AACPS payroll system for FY2018 and FY2019 is regular pay.
Sincerely,
J.H. Snider, Editor
eLighthouse
From: Mosier, Bob <RMOSIER@AACPS.org>
Sent: Monday, September 17, 2018 4:04 PM
To: ‘J.H. Snider’
Subject: RE: Public Information Act Request
Mr. Snider,
My apologies. I thought I had attached the job description to my previous correspondence. It is attached to this correspondence.
Sincerely,
Bob Mosier
Chief Communications Officer
Anne Arundel County Public Schools
Phone: 410-222-5312
Web: www.aacps.org
Facebook: www.facebook.com/aacps
Twitter: @AACountySchools
Instagram: AACountySchools
From: ‘J.H. Snider’
Sent: Monday, September 17, 2018 3:42 PM
To: Mosier, Bob <RMOSIER@AACPS.org>
Subject: RE: Public Information Act Request
Dear Mr. Mosier:
Thank you for sending me your base salary information for FY2018 and FY2019. If I understand you correctly, you are asserting that you have no other compensation or written compensation understandings, other than that specified in the Unit VI employee contract. You are also asserting that you have no written job description other than the generic terms of employment contained in the Unit VI employee contract.
The salary provided here for FY2018 is consistent with the salary under “regular pay” that you provided me as part of the database of FY2018 AACPS compensation. You may recall that in addition to the regular pay code category there are approximately 71 other pay code categories, some of which you excluded without public disclosure in that database, despite my numerous written requests to you for that information. Is it reasonable for me to conclude from the various documents you have provided me during the last 12 months that you only received compensation for FY2018 under the regular pay code and none of the other pay codes included in the AACPS payroll system?
I am surprised to learn that arguably the second most important staff position in AACPS lacks a written job description. But from the information you have provided me, that appears to be what you are claiming. If I am wrong in making this inference from what you have provided me, please let me know.
Sincerely,
J.H. Snider, Editor
eLighthouse
From: Mosier, Bob <RMOSIER@AACPS.org>
Sent: Monday, September 17, 2018 12:50 PM
To: ‘J.H. Snider’
Subject: RE: Public Information Act Request
Dear Mr. Snider:
This communication is a follow-up to your request under the Public Information Act, Annotated Code of Maryland, General Provisions Article (GP) § 4-101, et seq., seeking information related to my compensation from Anne Arundel County Public Schools.
Documents responsive to your request are attached to this email. Terms of Employment for Unit VI employees for 2018 can be found online here.
Information related to the specific benefits selected by an Anne Arundel County Public Schools employee is part of that employee’s personnel record and therefore not disclosable under § 4-311. As such, Anne Arundel County Public Schools is not providing you with that information.
Likewise, employee identification numbers are part of a personnel record and not disclosable under § 4-311. As such, that information has been redacted from documents being provided to you.
I do wish to point out that the vast majority of the information provided to you here has either been provided to you in one of your many previous Maryland Public Information Act requests or is publicly available online.
In the event you disagree with any determination regarding this Maryland Public Information Act request, you have the right to seek review or remedy, in accordance with GP §4-1B-01 through §4-1B-04, with Maryland Public Access Ombudsman Lisa Kershner at lkershner@oag.state.md.us, (410) 576-7037, or by mail at the Office of the Attorney General, 200 St. Paul Place, Baltimore, MD 21202. Under GP §4-362, you also have the right to file a complaint in Circuit Court requesting a review of this decision.
If you have further questions, please feel free to contact me at 410-222-5312 or by email at rmosier@aacps.org.
Sincerely,
Bob Mosier
Chief Communications Officer
Anne Arundel County Public Schools
Phone: 410-222-5312
Web: www.aacps.org
Facebook: www.facebook.com/aacps
Twitter: @AACountySchools
Instagram: AACountySchools
From: ‘J.H. Snider’
Sent: Thursday, September 6, 2018 4:57 PM
To: Mosier, Bob <RMOSIER@AACPS.org>
Subject: Public Information Act Request
Dear Mr. Mosier:
Under the Maryland Public Information Act, State Government Article (SG) §§ 10-611, et seq., I request all written correspondence and documents addressed to you concerning your compensation and job description for 1) FY2018 and 2) FY2019.
Compensation is defined as including all the categories of remuneration, including salary, performance bonus, retirement contributions, annual leave, sick leave, various types of insurance, free vehicle usage, and eligible expense reimbursements, covered in the Superintendent’s contract.
After the Superintendent, you are arguably the second most powerful employee within the Anne Arundel County Public Schools, a district with a budget of over $1 billion and more than 10,000 employees and 80,000 students. The public has as much a right to know your terms of employment as it does that of the Superintendent’s.
If you claim that a contract with a given AACPS bargaining unit completely covers your compensation package, then explicitly say so and include a link to that contract. However, I don’t believe any bargaining unit contract is likely to completely cover your compensation package. And even if such a complete bargaining unit contract existed, it wouldn’t cover your job description.
I am submitting this request because my PIA request dated August 15, 2018 was rejected by you, and my follow-up dated August 29, 2018 ignored. My purpose here is to be sufficiently precise in my request to make it more difficult for you to split hairs in denying or selectively fulfilling it. Please note that there is no “appropriate staff” to forward this request, as you are the staff person with the requested documents.
Please email me the requested information as an email attachment.
If you deny any part of this request, please cite each specific Public Information Act exemption that justifies your denial of the information. As you know, Maryland law specifies that public employee contracts are public information.
Your fulfillment, in good faith and within the thirty calendar days required by the Public Information Act, would be appreciated.
Sincerely,
J.H. Snider, Editor
eLighthouse
From: ‘J.H. Snider’
Sent: Wednesday, August 29, 2018 1:43 PM
To: ‘Mosier, Bob’ <RMOSIER@AACPS.org>
Subject: RE: Public Information Act Request
Dear Mr. Mosier:
My definition of “employment contract” includes 1) any letter of employment specifying, for example, your current annual salary of $165,000 and other forms of compensation, including expense reimbursements, not specifically covered in the administrators’ or any other general contract, and 2) your current job description. Note that some legally accepted definitions of contract are much broader than my definition, as they include implicit as well as explicit contracts. I am here limiting my request to explicit contracts. Note that at-will employees have employment contracts. Just because an employee can be dismissed doesn’t mean he doesn’t have a legally binding contract with his employer during the term of his employment. For example, you could sue AACPS for non-payment of services that you performed.
I look forward to your fulfillment of my Public Information Act request, in good faith, within the thirty calendar days required by the Public Information Act.
Sincerely,
J.H. Snider, Editor
eLighthouse
From: Mosier, Bob <RMOSIER@AACPS.org>
Sent: Wednesday, August 29, 2018 1:03 PM
To: ‘J.H. Snider’
Subject: RE: Public Information Act Request
Dear Mr. Snider:
This communication is in response to your request under the Public Information Act, Annotated Code of Maryland, General Provisions Article (GP) § 4-101, et seq., seeking “the current employment contract between Bob Mosier (you) and AACPS, including all side contracts regarding both compensation and duties performed.”
I have informed you before and reiterate to you now that I am not a contracted employee of Anne Arundel County Public Schools. I am an at-will employee and, as such, have no employment contract or side contracts.
In the event you disagree with any determination regarding this Maryland Public Information Act request, you have the right to seek review or remedy, in accordance with GP §4-1B-01 through §4-1B-04, with Maryland Public Access Ombudsman Lisa Kershner at lkershner@oag.state.md.us, (410) 576-7037, or by mail at the Office of the Attorney General, 200 St. Paul Place, Baltimore, MD 21202. Under GP §4-362, you also have the right to file a complaint in Circuit Court requesting a review of this decision.
If you have further questions, please feel free to contact me at 410-222-5312 or by email at rmosier@aacps.org.
Sincerely,
Bob Mosier
Chief Communications Officer
Anne Arundel County Public Schools
Phone: 410-222-5312
Web: www.aacps.org
Facebook: www.facebook.com/aacps
Twitter: @AACountySchools
Instagram: AACountySchools
From: Mosier, Bob <RMOSIER@AACPS.org>
Sent: Sunday, August 19, 2018 8:49 PM
To: ‘J.H. Snider’
Subject: RE: Public Information Act Request
Dear Mr. Snider:
This communication is a follow-up to your request under the Public Information Act, Annotated Code of Maryland, General Provisions Article (GP) § 4-101, et seq., seeking “the current employment contract between Bob Mosier … and AACPS, including all side contracts regarding both compensation and duties performed.”
This request has been forwarded to the appropriate staff, and pursuant to the Maryland Public Information Act, we will provide that information which is public within 30 days of your request, and certainly sooner if it is readily available. Please note that the Act does not require an agency to create new documents to satisfy a request.
As you may be aware, §4-206 (b) allows a custodian to “charge a reasonable fee for search for, preparation of, and reproduction of a public record.” Under the provisions of the Act, the first two hours of labor would be provided free of charge. You would be responsible for reimbursing Anne Arundel County Public Schools for the labor required to complete all other research and compilation of documents.
If we determine that there will be a charge to you, we will notify you before proceeding with your request.
If you have further questions, please feel free to contact me at 410-222-5312 or by email at rmosier@aacps.org.
Sincerely,
Bob Mosier
Chief Communications Officer
Anne Arundel County Public Schools
Phone: 410-222-5312
Web: www.aacps.org
Facebook: www.facebook.com/aacps
Twitter: @AACountySchools
Instagram: AACountySchools
From: ‘J.H. Snider’
Sent: Wednesday, August 15, 2018 4:48 PM
To: Mosier, Bob <RMOSIER@AACPS.org>
Subject: Public Information Act Request
Dear Mr. Mosier:
Under the Maryland Public Information Act, State Government Article (SG) §§ 10-611, et seq., I request the current employment contract between Bob Mosier (you) and AACPS, including all side contracts regarding both compensation and duties performed.
Please email me the requested contractual information as an email attachment.
If you deny any part of this request, please cite each specific Public Information Act exemption that justifies your denial of the information. As you know, Maryland law specifies that public employee contracts are public information.
Your fulfillment, in good faith and within the thirty calendar days required by the Public Information Act, would be appreciated.
Sincerely,
J.H. Snider, Editor
eLighthouse
Documents Provided
Chief Communications Officer Job Desciption
Chief Communications Officer FY 2019 Salary
Chief Communications Officer FY 2018 Salary
Chief Communications Officer FY 2019 Salary Notification
Chief Communications Officer FY 2018 Salary Notification
Note: The estimates below are based on accrual accounting, where the present value of deferred earned income is included.
Estimated value of pension benefit for FY2019: $81,995 + $1,212 + $9,171 – $26,658= $65,720
- Add pension based on FY2019 salary basis: $182,212 X 1.8% multiplier X 25 years payout = $81,995
- Add pension based on increase from FY2018’s salary basis: $182,212 (FY2019) – $179,519 (FY2018) = $2,693 increase in salary basis from FY2018 to FY2019 ==> $2,693 X 1.8% multiplier X 25 years payout = $1,212
- Additional pension multiplier (.2%) based on anticipated FY2019 increase in creditable sick leave: ($182,212 + $1,212) X .2% multiplier X 25 years payout = $9,171
- Deduct $12,755 * 2.09 = $26,658 (Value of employee’s pension contribution). Employee contribution to pension is the present value of the current year’s payment: $182,212 X 7% = $12,755 * 2.09 multiplier (3% annual real return after inflation over 25 years). 3% risk free annual increase in real terms (5% nominal return less 2% annual inflation) X 25 years compounded annually = 2.09 multiplier.
$182,212 (base salary)+ $65,720 (present value of deferred pension compensation) = $247,932 present value of total compensation for FY2019.
Excluded Compensation
Excluded compensation includes:
- current health, dental, vision, and disability insurance
- retirement health insurance (like deferred pension income, a difficult number to estimate for a given employee, but for FY2019 $0 for the Chief Communications Officer because he had already qualified to receive this benefit)
- social security payroll tax (6.2% for the first $132,290 of wages paid)
- medicare payroll tax (1.45% for the first $200,000 of wages + 0.9% for wages above $200,000) payroll taxes
- cash value of new unused leave (only available to administrators; payable upon retirement)
- non-taxable benefits such as a laptop computer
- tax benefit of a lower tax rate by spreading income over retirement years (the more than $2 million income may be completely untaxed if the taxpayer moves to a no-income tax state)
- tax benefit of not having to pay payroll tax on deferred income worth more than $2 million