WPCNR Ebersole Moves & Loops. By John F. Bailey. October 22, 2004: Commissioner of Recreation and Parks Arne Abramowitz has assured the White Plains CitizeNetReporter in an exclusive interview that the Ebersole Rink Ice Skating School Program is not in jeopardy, saying the “commission fee” to be paid by Ebersole Ice Skating School Instructors was instituted upon a recommendation of the City of White Plains Legal Department. Abramowitz explains that this policy is necessary  to establish an equal opportunity for instructors not currently instructing at the rink to use the rink facilities at public and recreation department skating sessions.

Commissioner of Recreation & Parks, Arne Abramowitz, speaking at Sculpture Garden September 14. Photo, WPCNR News Archive.

Teen Mentors, Volunteers for Community Service Do Not Have to Pay Commission.

Mr. Abramowitz clarified Thursday for the first time that the 16 and 17-year olds expecting to participate in the Mentoring Program this year would not be required to pay the $400 Commission Fee required of the Skating Instructors.

He went on record Thursday  saying the tradition of having members of the Ebersole Rink Advanced Figure Skating Club “volunteer-teach” in Tot, Alpha, Beta and Gamma classes would not be affected, as these volunteers would not have to pay the $400 Commission Fee either. This reverses the information given instructors for the first time October 6, one week before the rink opened.

Salaries Doubled.

Abramowitz gave detail on the rate increases Figure Skating Instructors would be paid to teach group classes. He reports that WPCNR was misinformed, that the Figure Skating Instructors were being given a raise to $30 for 45 Minute classes, up from $15. He said nobody makes $60 an hour. However, in a two group lesson, an instructor would make $60.

Skating School Director Participation in Policy Development Was Minimal at Best.

Asked if Skating School Director, Kristen Fierst was included on discussions of the new Commission Fee arrangement, by which the 15 Skating School Instructors will have to pay the Department of Recreation and Parks a $400 Commission Fee if they wish to teach private classes at the rink for their own profit,  Abramowitz said she was an hourly employee and therefore did not have to be included on discussions of how the rink set policy.

He indicated that Ms. Fierst should have been aware of the possibility of commission fees in advance, however was vague on this point and would not say when and if Ms. Fierst was told of the policy  and whether he had discussed his plans personally with her.

Legal Skating.

Asked how the Department decided to institute the Commission Fees, Mr. Abamowitz said it came about because of a ruling by the Legal Department which came down in late September.

Abramowitz said the legal department advised him that the rink could not employ the Figure Skating Instructors for the school exclusively, and allow only those instructors to give private lessons for profit in public sessions or at recreation Department Advanced Figure Skating Club times (Friday and Sunday evenings) to the exclusion of other possible skating instructors who might want to teach there.

White Plains Figure Skating Club Session Tuesdays Not Subject to Commission Fee.

In speaking with the President of the White Plains Figure Skating Club, Yvette Salonger,  WPCNR has determined that instructors giving lessons during White Plains Figure Skating Club time are not affected by the Commission Fee rule, because WPFSC has purchased the Tuesday night ice, and therefore anyone can give lessons during that time, as long as they have insurance.

Sessions affected are   Public Sessions and ISI Advanced Figure Skating Club sessions on Friday and Sunday evenings, the Club President said.

Legal: Old Policy Discriminatory.

The Commissioner said the previous Ebersole Rink arrangement the Skating School had with instructors  (in place for at least 10 years), was viewed as unfair and an unequal opportunity by the legal department. He said the Legal Department advised Abramowitz in late September to develop a policy that would allow instructors to give lessons at Ebersole on an equal footing with the fifteen instructors already employed by the Recreation and Parks department.

Double Dipping Brought Case to Attention

Abramowitz reported that the Legal Department became aware of the rink Skating School restrictions when the Department had looked into the case of the Skating Instructor who was employed by the city in another department and was also working for the rink, accepting two checks from the city. That Instructor can no longer do this, according to the legal department, and is out. The instructor affected by this, can however give private lessons during the White Plains Figure Skating Club time, 5 to 7 P.M. Tuesday evenings.

One Thing Leads to Another

While looking at the Skating Instructor with the two jobs, Abramowitz said the Legal Department also examined the Ebersole Ice Skating School employment and payment arrangements.  This, Abramowitz said, lead to the legal department conclusion that the policy was not fair to independent contractors wishing to give lessons at the rink.

Legal Takes a Look. Sees Inequity.

Abramowitz said the decision came from the law department September 27, which had been examining it since January. Abramowitz said Ms. Fierst, Skating School Director, was aware of the possibilities of change in the rink employment policy, but did not explicitly say what he thought she knew or when she knew it.

The new Commission Fee plan was developed by Mr. Abramowitz in response to the legal department opinion. In it, he chose to raise the salaries of the Skating School Instructors for their Group Classes, and that they could not “volunteer” any services.

He determined that a Commission or payment for the right to teach private classes at the rink was the fairest solution to assure equal opportunity for skating instructors. He set that fee at $500 as the policy that would level the field.

WPCNR asked why he set the fee so high, Abramowitz seemed surprised and said, “why, I’m not sure you’re aware of it, but they (the instructors) make thousands of dollars,” as a reason for setting the fee high.

Instructors Get One Week Short Notice Before  Rink Season Starts of Fee Requirement.

WPCNR asked when the instructors were informed of this. Abramowitz reported they were given a memorandum outlining the new policy at a meeting as far as WPCNR can determine at the rink Wedneday October 6, at which time there was a discussion among the Instructors about the fee being too steep.

“We then cut the Commission 20% to $400,” Abramowitz said.

Oh by the way, You Have to Pay Us $500.

That Wednesday, WPCNR was again told by an instructor last night, was the first time the instructors had any notion that they had to pay a $500 fee to begin teaching their private classes last week. The teens about to become mentors were also told they would have to pay the fee, too, according to the instructor.

“They made sure all the classes and group sessions were filled. Made sure we had all set up lesson times, and then they told us (about the Commission), so we had no other choice (of rink) we did not have time to make any other arrangement with another rink.” the instructor said bitterly. “What we were told by Matt (Hansen, Rink Manager) at that October 6 meeting was the rink was being audited, and that the legal department had ruled that it would be discrimination to turn away anyone who wanted to teach at a public facility. Everyone was pretty upset, and we’ve been upset ever since. All we want is a meeting (with Commissioner Abramowitz). Had this been done in a correct fashion, we could have worked something out.”

Mr. Abramowitz did not indicate whether the Commission Fee came from him or from the Legal Department.   WPCNR has learned from a source speaking on condition of anonymity, that the Commission Fee solution was the Department of Recreation & Parks idea for creating an equal playing field, and was wholly a creation of the Department of Recreation and Parks.

 Skating School Going On as Scheduled This Weekend. Must Pay Fee.

The Commissioner said only one Skating Instructor has left, however, when asked how many have paid the Commission Fee of $400, Abramowitz said some have, but did not know how many, that he would have to check with Matt Hansen Director of the Ebersole Rink.  

WPCNR asked if any instructor on staff being paid by the rink for group lessons was required to pay the Commission Fee to teach private lessons as of now, and Mr. Abramowitz said “Yes.”

We’re Giving them a Raise.

Abramowitz stressed that the wage increase for teaching the group classes was a benefit for the Skating Instructors, and that the $400 Commission Fee was not out of line considering the money they make in private lessons.

He said, if anything, the Skating School and instructors should benefit, because “We’re giving them (the instructors) a raise. The mentoring and volunteer community service programs remain as before. We pay the mentors, he said, that is not going to change. They do not have to pay the Commission Fee.”

No Contracts. No Clarification on Salary or Straight Fee Arrangements.

The instructor WPCNR interviewed Thursday evening raised other questions about the abrupt policy change. She pointed out that the instructors have not been given contracts spelling out what the instructors are entitled to when they pay their $400 Commission Fee, and whether or not their continued employment would be on a salaried or a 1099 (fee basis). Previously, she said deductions were withheld from her pay.

Being on Staff  a Standard Rink Practice in County.

The instructor added that what has been done at Ebersole Rink previously is standard around the rinks at Westchester County. She said that the Legal Department never interviewed instructors on the nature of their pay arrangements with the rinks. She said Ms. Fierst was never interviewed by the Legal Department on the nature of how the Skating School was staffed and how instructors were chosen.

WPCNR has not been able to check with the Legal Department to see if the Department had done an investigation of rinks around Westchester to see what standard industry practices are.

She noted that now the Commission Fee at Ebersole at present is at least four times the commission of any other rink in Westchester County that charges one.

Being on Staff a Security Issue with Young Ladies.

“Besides,” she noted, “every rink has a policy, to my knowledge anyway that to give lessons there, you have to be a member of the skating school staff. Otherwise anybody could give lessons there regardless of qualifications, background checks, reputation.”

“It seems as if they are trying to shut down the Skating School, she said, to chase us away. We’re sick over it. I have so many memories. We teach at Ebersole because it was like a family. We wish the Commissioner and legal Department would have talked to us so he would understand that without the Skating School, there are no skaters to monitor the public skating sessions or fill the free style times. There is no recreational skating program.  All we want is a meeting.”

Since October 6, calls by instructors to the Commissioner for such a meeting  have not been returned.