May 18, 2012
CCPOA Weekly Update - May 18, 2012
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May 18, 2012
LAO says CA Budget in excess of $17 Billion
California's budget deficit is likely worse than Gov. Jerry Brown's estimate of $15.7 billion, the state's top fiscal analyst indicated Friday.
Brown proposed a $91.4 billion general fund budget Monday that slashes health and welfare programs, courts and state worker pay. His proposal also relies on voters temporarily raising taxes on sales and wealthy earners to help cover this year's budget gap and deficits in future years.
The nonpartisan Legislative Analyst's Office said Friday that Brown's revenue forecast is "reasonable," though the Analyst's own projection is still $550 million below the governor's through June 2013. On top of that, the LAO warned that Brown's estimate of money available from former redevelopment programs could be overstated by $900 million...
LINK - SacBee.com
and
View the May Revise Report from the Legislative Analyst's Office (LAO) HERE
May 14, 2012
NBC Nightly News: Gov. Jerry Brown Proposes $8.3 Billion in Cuts
Video follows 30-second NBC advertisement spot. NBC report play time - 2:44.
Visit msnbc.com for breaking news, world news, and news about the economy
March 26, 2012
MTA Chapter Meeting: June 30, 2012
March 9, 2012
CCPOA Member Alert: Airtime
February 27, 2012
Summary of LAO Findings and Recommendations on the 2012-13 Budget
Proposed Organizational and Budget Changes. As part of the 2011-12 budget package, the Legislature passed budget trailer legislation that made significant changes to the Office of the Inspector General's (OIG) statutory mission. Specifically, the legislation (1) removed the peace officer status for certain OIG employees, (2) eliminated the OIG’s ability to conduct certain audits and investigations at its discretion, (3) eliminated the requirement that OIG conduct quadrennial facility operation reviews and one-year warden follow-up audits, and (4) codified in statute the OIG’s medical inspection function...
LINK - LAO.ca.gov
February 24, 2012
2012 TB Testing
The annual TB testing is being conducted in February this year as opposed to January as had been done in the past. The testing is being conducted by a State contracted medical provider.
Just a reminder of some points regarding the testing:
February 22, 2012
California’s top labor official quits
Amid government layoffs, budget cuts and looming contract talks, the state's top labor relations official is stepping down.
Ronald Yank told Department of Personnel Administration staff on Tuesday that he's leaving. The Brown administration, which hadn't named a successor to the key post as of late Tuesday afternoon, declined to make Yank available for an interview.
Department spokeswoman Lynelle Jolley said Yank is leaving "around the end of this month..."
LINK - SacBee.com
February 17, 2012
MTA Chapter Statewide Meeting: March 3rd
MTA Chapter Statewide Meeting on March 3rd in Salinas, CA - view the flyer below for more details and RSVP information.
January 27, 2012
California Supreme Court denies challenge of Senate maps
The California Supreme Court ruled today that state Senate maps drawn by a citizens commission will be used in this year's elections, despite a pending referendum to overturn them.
The issue came before the High Court after a Republican-backed group, Fairness and Accountability in Redistricting, filed more than 711,000 signatures with county elections offices in a referendum to overturn Senate maps drawn by a 14-member citizens commission.
Californians will decide the fate of the newly drawn Senate districts in November if 504,760 of the signatures are from valid voters. Legislative candidates must file and run their campaigns before then, however, so justices needed to identify district maps to be in effect immediately...
LINK - SacBee.com
January 26, 2012
Update: Ruling in the McGowan Case
The Ninth Circuit Court of Appeal ruled at 8:20 this morning (view the decision below) in the case of Rob McGowan. While the decision is quite complicated, and doesn’t free Rob immediately, it is an incredible victory, and presents the opportunity to get Rob home in the near future.
In a nutshell, the Court denied Rob’s appeal on the conviction, saying the appeal should be brought as an ineffective assistance of counsel claim under 28 U.S.C. § 2255 before the trial court on remand...
January 26, 2012
Sentence overturned for Chino prison guard
A federal appeals court panel has overturned the sentence of a former guard convicted of abusing two shackled inmates at a Chino prison.
A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled Thursday that 42-year-old Robert McGowan was deprived of due process when a judge relied on an inmate's allegations as the basis for the four-year sentence imposed.
McGowan has served 19 months....
LINK - SFGate.com
January 26, 2012
Appeals Panel Tosses Prison Sentence Given To Chino Guard Convicted Of Abusing Inmates
A federal appellate panel Thursday threw out a four-year sentence given to a former Chino prison guard convicted of abusing inmates.
A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled that a district judge in Los Angeles should re-sentence Robert McGowan. He was convicted by a federal jury in 2007 after being accused of assault in a case in which shackled inmates were thrown to the ground.
In his appeal, McGowan, 42, of Apple Valley successfully argued that he was deprived of due process when the trial judge relied on a state prison inmate’s “unreliable allegations” as a basis for the 51-month sentence imposed in 2010...
LINK - LosAngeles.CBSLocal.com
January 22, 2012
More Lockouts as Companies Battle Unions
America’s unionized workers, buffeted by layoffs and stagnating wages, face another phenomenon that is increasingly throwing them on the defensive: lockouts.
From the Cooper Tire factory in Findlay, Ohio, to a country club in Southern California and sugar beet processing plants in North Dakota, employers are turning to lockouts to press their unionized workers to grant concessions after contract negotiations deadlock. Even the New York City Opera locked out its orchestra and singers for more than a week before settling the dispute last Wednesday.
Many Americans know about the highly publicized lockouts in professional sports — like last year’s 130-day lockout by the National Football League and the 161-day lockout by the National Basketball Association — but lockouts, once a rarity, have been used in less visible industries as well...
LINK - NYTimes.com
January 18, 2012
2012 State of the State Address
The full text from the 2012 State of the State Address given by Governor Jerry Brown in Sacramento, California on January 18, 2012...
January 11, 2012
The 2012-13 Budget: Overview of the Governor’s Budget
The Governor’s proposed tax initiative is the cornerstone of his 2012-13 budget plan, which includes proposals to restructure education finance, reduce social services and child care programs substantially, and implement trigger cuts--primarily affecting schools--if voters do not approve the tax measure.
The Governor’s plan would continue the difficult task of restoring the state budget to balance, but the difficulty in knowing how much taxable income will be attributable to high-income Californians makes the state’s revenue estimates an even bigger question mark than usual.
With regard to the Governor’s major proposals, we think the Governor’s education restructuring proposals would institute lasting improvements to the system, and we observe that, while his social services and child care proposals have merit, they involve considerable drawbacks as well, given potentially severe impacts on affected families...
January 4, 2012
CCPOA Member Alert: Parole Agent Shot
December 2, 2011
CCPOA supports Childhood Cancer Foundation of Southern California
The Loma Linda Drayson Center (25040 Stewart Street Loma Linda 92354) will be transformed into a Winter Wonderland for Childhood Cancer Foundation of Southern California’s (CCFSC) 30th Annual Christmas Celebration presented by San Manuel Band of Mission Indians and the California Correctional Peace Officers Association. The celebration is for children with cancer and their families who are registered with Childhood Cancer Foundation on Sunday, December 4, 2011 from 1:00-5:00pm. The annual celebration is provided by Childhood Cancer Foundation with the desire to provide families who are battling cancer the opportunity to enjoy the holidays in a safe environment.
More than 480 children and their parents have pre-registered to enjoy of the days holiday celebration. As the children arrive they are surrounded with 25 craft tables and activities to choose from. Christmas music will fill the gym with holiday cheer. Families will enjoy pizza that will be donated from Domino’s Pizza in Redlands and other goodies while listening to an interactive music program...
LINK - HighlandNews.net
November 3, 2011
Assembly budget aides expecting $5 billion to $8 billion state budget deficit next year
Assembly budget officials expect California to face a deficit of about $5 billion to $8 billion next fiscal year, higher than the $3.1 billion projected by Gov. Jerry Brown, according to a legislative memo obtained by The Bee.
The memo itself doesn't explain why Assembly officials believe the deficit will be larger than once projected, but one budget source said it was due to a variety of factors such as uncertainty over legal challenges, additional demand for public programs and a less optimistic view of the economy in the next fiscal year...
LINK - SacBee.com
October 26, 2011
Opening brief filed in CUSA case
September 19, 2011
In Memorium… Joe Vega
Joe M. Vega, 58 of Paso Robles, passed away on Saturday, September 10, 2011 at his home. Joe was born in March of 1953 in San Jose and had been a resident of Paso Robles for 40 years. He was a Correctional Youth Counselor at the Paso Robles Youth Authority for 29 years and was active in the Correctional Peace Officers Foundation and a long time member of the Union CCPOA. Joe was passionate about his community and was an active long time member of the Bearcat Boosters.
Joe is survived by his wife, Veronica Vega; daughters Sonya Vega, Joanna Vega and Renee Vega; grandchildren Anthony Vega, Gregg Vega, Samantha Vega-Chambers and Isaac Townsend; and sister Carmen M. Martinez...
LINK - PasoRoblesPress.com
September 15, 2011
Prison Gangs and Photos
Prison gangs are criminal organizations that originated within the penal system and they have continued to operate within correctional facilities throughout the United States. Prison gangs are also self-perpetuating criminal entities that can continue their operations outside the confines of the penal system.
Typically, a prison gang consists of a select group on inmates who have an organized hierarchy and who are governed by an established code of conduct. Prison gangs vary in both organization and composition, from highly structured gangs such as the Aryan Brotherhood and Nuestra Familia to gangs with a less formalized structure such as the Mexican Mafia (La Eme).
Prison gangs generally have fewer members than street gangs and Outlaw Motorcycle Gangs(OMGs) and are structured along racial or ethnic lines. Nationally, prison gangs pose a threat because of their role in the transportation and distribution of narcotics.
Prison gangs are also an important link between drug-trafficking organizations (DTOs), street gangs and OMGs, often brokering the transfer of drugs from DTOs to gangs in many regions. Prison gangs typically are more powerful within state correctional facilities rather than within the federal penal system.
September 1, 2011
Federal Correctional Officer Scott Williams Memorial Highway - update
SCR 28 (Strickland) – designating a portion of State Hwy 1 near Lompoc as the Federal Correctional Officer Scott Williams Memorial Highway.
Officer Williams was murdered by an inmate at the US Penitentiary, Lompoc in 1997.
Passed CA Assembly Transportation Committee today with the following vote:
Ayes: Bonnie Lowenthal, Jeffries, Achadjian, Blumenfield, Buchanan, Eng, Galgiani, Logue, Miller, Portantino, Solorio
Noes: Norby
No Vote Recorded: Bonilla, Furutani
The bill will be set for hearing in Assembly Appropriations and then the Assembly Floor before returning to the Senate Floor next week for a final concurrence vote.
No dates announced for the hearing or the floor votes yet.
We will send out the info as soon as we get it.
Thanks to everyone involved – especially our Legislative Department for guiding this bill through the process!
June 28, 2011
CCPOA Member Alert: Lancaster Assault
CCPOA has been made aware of an officer assault that has taken place this morning at California State Prison, Los Angeles County...
June 23, 2011
AMAZING: You won’t believe how one guard handles rioting inmates!
EDITOR'S NOTE: Watch this video with your speakers up - the sound makes a BIG difference in the message!
June 15, 2011
Legislature passes state budget
The California Legislature today passed the central piece of a budget plan pushed by Democrats to close a $9.6 billion deficit budget.
The Senate voted 23-15 to pass the plan and the Assembly approved it on a 51-26 party line vote.
Today is the constitutional deadline for the Legislature to pass a balanced budget, and it is rare for lawmakers to actually meet the deadline.
However, legislators faced permanently losing pay for each day the budget was late...
LINK - SFGate.com
June 7, 2011
CCPOA Member Alert - June 7, 2011
As a result of the May 23, 2011 U.S. Supreme Court ruling in Brown v. Plata, concerning the constitutionality of the medical and mental health care services in California prisons, CDCR has issued its plan to reduce California’s inmate population. The state has been ordered to reduce the number of inmates to 137.5% of design capacity, or approximately 33,500 inmates within two years...
April 26, 2011
Attention Military Members
With the promise of a new MOU in the works and the advent of the POFF II being discontinued, I have found several discrepancies in my own PERS and POFF II calculations. While I was in Iraq from NOV 03 through NOV 04, and the time I spent on medical hold afterward, my institution did not send the proper information to PERS or the administrators of the POFF II retirement system. Therefore, I was not credited with the proper time from the deployment...
March 3, 2011
Memorial Service Information
To: All CCPOA Members and Friends of Lance Corcoran
Lance Corcoran’s sons Ian, Michael, Dylan as well as his wife, Christine, cordially invite you to attend a reception, immediately following the funeral service, at CCPOA Headquarters to celebrate the life of our beloved brother. Please come show your support and share your memories of Lance with his family. This celebration will show how much Lance impacted all of our lives with his love, laughter and dedication to his profession. The address of CCPOA Headquarters is 755 Riverpoint Dr., West Sacramento, CA. 95605...
February 28, 2011
Lance Corcoran Passes
It is with profound sadness that we announce the passing of our brother and friend Lance Corcoran. On Sunday, February 27, 2011 Lance suffered heart failure that ultimately took his life. It is very difficult to find the proper words to console and comfort so many that are grieving the loss of a very special man. Once in a great while we have an opportunity to meet someone that is so special that they leave an enduring impression on our lives. Lance Corcoran was indeed that type of a person.
Lance was committed to the advancement of our profession and he cared deeply about the men and women that wear our badge. Anyone that had an opportunity to meet him knew that he had a great sense of humor and even through the toughest of times, he could make you smile. He was talented, determined, and compassionate. He was an uncommon man.
We are truly overcome by this loss and words cannot express the sadness that we all feel at this time. We hope that his family and all of his friends can find comfort in who Lance was as a person and the intensions of his heart. Our thoughts and prayers are sent to his mother and father, Barbara and Tim, his wife, Christine and three sons, Ian, Michael, and Dylan. As well as his two sisters, Tammy and Candice.
- Mike Jimenez and the entire CCPOA family
January 28, 2011
LAO Report: Governor’s Realignment Plan - Criminal Justice
The centerpiece of the Governor’s budget proposal is a major realignment of state and local program responsibilities that would be subject to voter approval.
Specifically, the Governor’s plan would raise $5.9 billion in taxes to fund the shift of a like amount to counties to implement increased program responsibilities. In the area of criminal justice, these programs include:
- Court security.
- Various public safety grant programs.
- Jurisdiction of lower-level adult offenders.
- Jurisdiction of parole violators.
- Adult parole.
- Jurisdiction of remaining juvenile offenders.
Click the link below to read the full report...
January 4, 2011
Ronald Yank will be Jerry Brown’s personnel director
The State Worker has learned that a labor attorney who has represented the state prison officers' union will be tapped by Gov. Jerry Brown to run the Department of Personnel Administration.
We'd heard buzz from Monday's inaugural festivities that Ronald Yank would be named to head the department, so we asked this morning. Lynelle Jolley, department spokeswoman, confirmed, but said she had no other details.
Yank's appointment, which could be announced today, sends a strong signal that Brown is eager to get a contract deal done with the California Correctional Peace Officers Association. Yank has represented CCPOA as an attorney with Carroll, Burdick & McDonough LLP...
LINK - SacBee.com
December 28, 2010
Inspector general abruptly cuts short term in office
Inspector General David Shaw, whose office has come under scrutiny for assigning sworn peace officer status to its lawyers and auditors, on Monday told the department's staff that he is retiring.
Acting Chief Deputy Inspector General Bruce Monfross will take over for the 54-year-old Shaw, whose last day on the job is Thursday, said Laura Hill, special adviser to the inspector general.
"He's retiring after many years of state service to move on to other opportunities," Hill told The State Worker...
LINK - SacBee.com
November 5, 2010
Calipatria prison employee to be honored for heroic deed
A Calipatria State Prison employee is slated to receive a commendation following his rescue of a family of four this week from a partially submerged vehicle that plunged into the Central Main Canal off Austin Road, an official said Thursday.
Jesus Coronado, who oversees health care access for inmates, is going to be recommended for a medal of valor for his heroic deed Wednesday by the California Department of Corrections and Rehabilitation, said Administrative Lt. Jorge Santana. The award ceremony would be in May in Sacramento, Santana said.
A press release of the incident that was reported at 4:59 p.m. had not been issued by the California Highway Patrol since no injuries were reported, said Highway Patrol Officer Pablo Torrez. Non-injury crashes are not covered in press releases by the Highway Patrol, Torres said...
LINK - IVPressOnline.com
November 4, 2010
AB 900 Construction Update
Governor Arnold Schwarzenegger signed a historic and comprehensive corrections overhaul bill on May 3, 2007. The bipartisan legislation, Assembly Bill 900 (Solorio; D-Anaheim), addresses health care space deficiencies and overcrowding in California’s prisons and provides resources to improve public safety by reducing the rates at which inmates re-victimize communities and return to prison. AB 900 authorized more than $7 billion in funding for state prison projects, reentry facilities and local jail beds to ease the overcrowding in California’s prisons and local jails. It provides resources to improve public safety by reducing recidivism rates. The California Department of Corrections and Rehabilitation (CDCR) has started construction on three projects. Several more are in the planning phase...
October 26, 2010
CUSA Trial Update from CCPOA
Dear Member,
As you may already know, a jury recently ruled that CCPOA and a group named Corrections USA must pay $12.5 million in damages to two former employees of Corrections USA.
This case was brought against our union in January 2007 for events that occurred in mid-2006.
Due to a protective order issued by the court, we were prevented from communicating in detail about this case during the trial. With the trial now concluded, and our decision to appeal the ruling, we will do our best to explain the case and answer your questions.
Our first priority is to clarify what happened:
Corrections USA is a national non-profit formed in 1998 to represent and advocate on behalf of the interests of publicly employed correctional officers across the nation and fight against the privatization of prisons.
With the approval of the State Board, CCPOA became the first organizational member of Corrections USA and continues to be the largest member of the group.
In mid-2006, following some questionable financial transactions involving Corrections USA President Richard Loud, and Executive Director and Treasurer Brian Dawe, Corrections USA’s Board of Directors began requesting that the two turn over all financial books and records from Corrections USA for inspection. The two paid employees resisted responding to these requests.
In August 2006, Corrections USA’s Board of Directors, including CCPOA President Mike Jimenez, voted to suspend, without pay, Loud and Dawe from their positions as President and Treasurer pending further investigation. The two were also again directed to deliver financial and associated Corrections USA records for an independent audit. Still, Loud and Dawe continued to resist providing the requested information to Corrections USA’s Board of Directors.
In late 2006, Corrections USA asked a court to compel Loud and Dawe to permit an independent inspection of the records that they repeatedly had refused to provide to Correction USA’s Board. In January 2007, Dawe responded by filing a lawsuit against Corrections USA, CCPOA, Joe Baumann and Jim Baiardi. (Baumann and Baiardi were named in their capacity as officers and board members of Corrections USA.)
CCPOA has been defending itself against the suit since 2007. On October 18th, 2010 a jury found the union liable for $2.3 in initial damages and later added $10.1 million in punitive damages.
Some important facts:
• CCPOA did not file this lawsuit. We were sued and responded with an aggressive defense.
• The case is not over. We will file an appeal and have every confidence the case will be overturned. If there are any damages, those will not need to be paid until the appeal is complete – probably years from now.
• The union is not bankrupt. Our most important priority is to continue representing our members and getting a contract. We have gotten very close to a contract agreement with the current administration, are hopeful we can finalize a deal with the next administration. While losing this suit would be damaging, it will not stop us from delivering that contract and continuing to represent members.
As this case continues to move forward, we will do our best to keep you apprised of new developments.
There are a lot of rumors out there and, when left without response, the worst and least truthful often rise to the top. We will do our best to keep delivering the facts and keep you informed.
October 23, 2010
Litigation Update: CUSA/CCPOA Case Appeal
Today, the jury in the Dawe v. Corrections USA case awarded damages to plaintiffs in the amount of $10.1 million. We disagree with the award of these damages and disagree with the original verdict rendered by the jury earlier this week. We are confident there are significant grounds for an appeal and will file that appeal shortly. We have every confidence that this ruling will be overturned.
October 18, 2010
Litigation Update: CUSA/CCPOA Case
This afternoon a verdict was reached in Dawe v. CUSA/CCPOA. Over the last four years CCPOA has had no choice but to defend itself against claims filed against CUSA/CCPOA by the Plaintiffs. We are extremely disappointed with this verdict. We continue to be very concerned as to how this case was presented to the jury. We are evaluating all our options.
October 14, 2010
CUSA Litigation Update
As some of you may recall, years ago former executive staff of Corrections USA (CUSA) brought a lawsuit against CUSA, CCPOA, Joe Baumann and Jim Baiardi. This lawsuit finally went to trial in July, and CCPOA has had to defend itself throughout the litigation. The court admonished the parties not to comment publicly on the case during the trial, but we are able to provide this update because the trial phase concluded on October 14th.
CUSA was formed as a non-profit in 1998 to represent and advocate on behalf of the interests of publicly employed correctional officers across the nation. The idea to form CUSA came out of conversations among correctional officers from around the country who met at Attica, New York, to remember the correctional officers killed in the prison riot there.
With the approval of the State Board, CCPOA became the first organizational member of CUSA.
Richard Loud and Brian Dawe were the original executive officers of CUSA. Loud served as President and Dawe served as Executive Director and Treasurer. Both were paid positions.
In mid-2006, as a result of some questionable financial transactions involving Loud and Dawe, CUSA’s Board of Directors began requesting that the two turn over all financial books and records from CUSA for inspection. The two resisted responding to these requests.
In August 2006, CUSA’s Board of Directors voted to suspend, without pay, Loud and Dawe from their positions as President and Treasurer pending further investigation. The two were also again directed to deliver financial and associated CUSA records for an independent audit. Still, Loud and Dawe continued to resist providing the requested information to CUSA’s Board of Directors.
In late 2006, CUSA asked a court to compel Loud and Dawe to permit an independent inspection of the records that they repeatedly had refused to provide to CUSA’s Board. In January 2007, Dawe responded by filing a lawsuit against CUSA, CCPOA, Baumann and Baiardi. (Baumann and Baiardi were named in their capacity as officers and board members of CUSA.)
CCPOA, along with CUSA, has defended against the claims in this lawsuit since 2007.
October 5, 2010
CCPOA Mourns the Passing of Lou Ohls
It is with deep sorrow and regret that we inform you of the passing of Lou Ohls.
Lou served CCPOA and its membership in many capacities throughout his life. He was the Chapter President of Preston from 1984 through 1986. In 1990 he was elected to the Executive Vice President position and served in that position in 1991 and 1992.
In 1993 he was appointed as the State Secretary, where he served until the beginning of 1997. Lou was on the Insurance Committee that developed the ERISA Trust, which is now the CCPOA Benefit Trust Fund and served as a Trustee from its conception....
September 21, 2010
Whitman willing to take pension cutbacks to the ballot box
Republican gubernatorial nominee Meg Whitman said Monday that she would place pension cutbacks on the ballot if negotiations with state workers fail and would consider using her personal fortune not only to win office but to advance her agenda if elected.
Taking the issue to voters is "not my first choice," she told The Bee's editorial board. "But if we have to … this is an issue we have got to take up."
The former eBay CEO and billionaire said she "possibly" would put her own money behind a ballot measure campaign...
September 15, 2010
MTA Statewide Meeting
MTA STATEWIDE MEETING - Will be held at the location above on October 16th, Saturday from 9:00 am to 5:00 pm. Lunch and coffee breaks will be provided. Mileage will be paid to the driver/owner if three or more members come in one car. Mileage claims will be reimbursed from Sacramento Headquarters...
September 10, 2010
CCPOA Mourns the Passing of Linda Dabb
It is with profound sorrow that on behalf of Mike Jimenez and the entire Executive Council that we inform you of the passing of our beloved friend and co-worker, Linda Dabb. Linda passed away after a courageous battle with cancer on Monday, September 6, 2010, surrounded by loved ones.
Linda joined CCPOA in 1983 as a Legal Secretary and worked her way up through the organization to become our Assistant to the Organizational Planning Coordinator. She has always shown dedication and caring in dealing with members and staff alike...
September 10, 2010
CCPOA Benefit Trust - Open Enrollment
Don't miss out! Open Enrollment starts September 13th. If you want to request changes to your Medical and Dental programs, take action now.
The latest health plan information and health fair schedules are on the Trust website: www.ccpoabtf.org.
To make changes, Active CCPOA members must complete paperwork through their personnel specialists; Retired members through CalPERS...
June 30, 2010
DJJ’s Right-Sizing Rollercoaster
Fasten your seatbelts, you're in for a bumpy ride!
By Don Benegas, Supervising Field Rep, CCPOA Southern Office
As any Bargaining Unit Six employee in CDCR's Division of Juvenile Justice (DJJ) will tell you, the experience of enduring DJJ's down-sizing -- an action that management insists on calling “right-sizing” to describe the structural, operational, and economic overhaul of the entire Department -- truly has been a test of patience for most of the past year, and especially in the face of other uncertainties. The following is provided as an update to CCPOA's negotiations with the state on the status of right-sizing in DJJ.
Although the ever-present rumor mill on this topic seemed to peak around the early months of 2009 regarding the fate of DJJ, it was not until last August that CCPOA finally received official notices describing several major policy decisions, most notably right-sizing and an institution closure that both the Department of Personnel Administration and DJJ management began to implement in the ensuing weeks and months, all with serious implications falling on CCPOA's membership.
In conjunction with the state's official notice last year regarding DJJ's decision to “re-purpose” (read: close) the Heman G. Stark Youth Correctional Facility, DJJ management had previously hinted that it would carry out new right-sizing initiatives at the five remaining facilities -- PRESTON, CHAD, O.H. CLOSE, VENTURA, and SYCRCC -- relating to BU6 reductions in security supervision and treatment team staffing patterns, as well as counselor workload increases.
In addition, two precursors had emerged to create the conditions that made right-sizing an increasingly attractive decision for DJJ's leadership. First, the mounting financial and political costs of prolonged litigation in the Farrell v. Cate lawsuit, coupled with growing public criticism over the annual budgetary costs associated with operating DJJ, became significant and inescapable realities within DJJ.
Second, the state Legislature's reaction to public demands for DJJ's accountability of its out-of-control annual spending on the ward population in DJJ resulted in an ultimatum: Either rein in costs quickly by reducing the current level of funding from $250,000 per ward per year to an acceptable amount, or risk virtual elimination of DJJ through public policy reforms. So, DJJ management chose the former option, which hastened the move to expedite implementation of the state's right-sizing initiative.
A separate note that added to the situation for DJJ last summer was the major inmate riot at CIM -- which is located next door to the Stark facility in Chino -- that caused havoc on CIM's Reception Center West facility with the near total destruction of several housing units, rendering it uninhabitable as a secure correctional housing environment.
Soon thereafter, and either willingly or unwillingly (depending on whom you ask), DJJ was called upon to consider relinquishing its operation of Stark, thereby facilitating CIM's immediate need to house hundreds of its temporarily displaced inmates at the facility. So, with DJJ's announcement to close Stark last August, the state's right-sizing plan gained momentum within DJJ.
The Stark closure and right-sizing decisions led to hundreds of BU6 staff receiving the designation “surplus employee,” which in turn made them subject to involuntary job transfers and the very real possibility of layoffs. However, the adoption of a stopgap measure, whereby the vast majority of surplus DJJ staff were offered and accepted “comparable” BU6 job vacancies in CDCR's Adult Division (upon completion of a transitional academy) proved to be helpful. In fact, the comparable jobs option had a collective effect on our members, as they were able to avoid layoffs that may have otherwise occurred. Since then, and with layoffs largely a resolved issue in DJJ for now, CCPOA has shifted its focus to the remaining matters of safety, security, staffing, and workload that remain unsettled between CCPOA and the state.
With the above events in mind, it might be somewhat of a surprise to those who remain working for DJJ that the impact negotiations between CCPOA and the state (both DPA and DJJ management) that began last October, are not yet concluded. Although numerous bargaining sessions have occurred, the parties have not yet reached anything close to an agreement on the issues and concerns that separate us. While there are several reasons why our bargaining table on this subject remains ongoing and unresolved, the most prevalent issue has been dilatory conduct on the part of DPA by refusing to respond timely to the union with their dates of availability to conduct negotiations. This recurring behavior on the state's part has led to many unnecessary delays and a protracted negotiations process, to say the least.
In fact, the process has been much like a bumpy roller coaster ride -- without the usual frivolity and excitement. For example, each of the five remaining DJJ facilities are currently in various stages of implementing lodge and living unit closures or consolidations. Reports from our local chapter representatives, as well as our field representatives, also indicate that local DJJ managers at the institution level are making other operational and/or staffing changes that do not appear related to right-sizing at all -- at least to the extent that justifications for such changes cannot be found in DJJ's right-sizing “business rules” document.
Seeing these conditions unfold without the benefit of local negotiations to discuss and resolve site-specific issues, CCPOA has objected and argued many times with the state over these unilateral moves -- meaning prior to the conclusions of negotiations -- that undermine the integrity of the impact-bargaining process.
As has been the union's experience many times in the past, statewide negotiations tables involving the implementation of new programs of this nature and scope are best handled and resolved through local negotiations, which are then codified as part of a master agreement. To that end, CCPOA has repeatedly advocated to permit local negotiations to proceed in the same manner as we have done in the past; however, our efforts to maximize union representation at the local chapter level have so far fallen on deaf ears with the state of California, and DPA in particular. As one would expect, the state has not provided any reasonable rationale for its refusal to delegate the right-sizing implementation to the locals.
This right-sizing roller coaster ride with the state isn't over -- and it promises to remain a bumpy one. Worse, if the state gets its way with the safety and security flaws we have identified in its business rules document -- and in spite of our serious concerns with unsafe staffing and unrealistic workload demands -- it is very possible the ride could prove to be a dangerous one for our members in DJJ. While we are hopeful we'll reach an amicable accord with the state, we will remain steadfast in refusing to compromise the safety and security of our members in the process.
For now, the fight continues.
June 24, 2010
Special State Board Meeting in Sacramento
Special State Board Meeting Saturday, June 26, 2010 Holiday Inn 300 J St. Sacramento, CA
May 18, 2010
Are You Registered to Vote?
May 14, 2010
The Governor’s May Budget Revision
As you know, the Governor released his May Revision to the budget this afternoon. As in January, the proposal needs to solve an approximately $20 billion deficit. As expected the Governor proposes to solve most of the problem through cuts.
The major action in the corrections budget is to transfer certain “non-serious, nonviolent and non-sex offenders” to local government. Under his proposal, approximately 15,000 inmates would be kept in the counties (forcing a line number of jail inmates to the streets). He would provide the counties with half of the state savings resulting from the transfers. This proposal is a new version of his January proposal to make certain crimes misdemeanors only. The major difference is that under the new plan he is providing locals with money—an element that was not included in the January proposal. Nevertheless, the impact on public safety will be similar—15,000 jail inmates will be forced to be released to make room in the jails for the state inmates.
The Governor is also proposing to eliminate parole for DJJ offenders and transfer that function to the counties along with $15,000 per parolee per year. He also backs off his January proposal to reduce the DJJ population by limiting the age of jurisdiction to 21.
In the area of employee compensation, the Governor is now proposing to add a one-day-per-month PLP program to the cuts he proposed in January. As you may recall, he then proposed to cut pay by 5%, have employees pay 5% more for retirement and cut the number of employees by 5%. The bottom line is that employees would be 5% worse off than under his January proposal.
In a proposal with no direct implications for the next budget, the Governor has requested that the Legislature lift the June 30, 2011 on the out-of-state contract beds to allegedly allow for the management of anticipated population declines to "achieve maximum savings and effency". He has indicated he will explore closing entire housing units and yards as a part of this process. As you know, both the CDCR and the Legislative Analyst has testified that the expansion of contract beds is more expensive than continuing to house such inmates in-state. In addition, the out-of-state beds use California taxpayer dollars to increase employment in other states, primarily Arizona.
Craig Brown - CCPOA Legislative Affairs
April 8, 2010
CDCR: New MRSA Policy & Training Procedures
CDCR HQ has issued a memo (see attached) directing all institutions to develop local MRSA procedures. Therefore, if they have not already begun, local institutional management will shortly begin to develop the local MRSA IIPPs which will include site specific issues. The statewide MRSA settlement agreement allows for local discussion regarding the content of the local MRSA OPs.
We suggest you contact your Warden as soon as possible to set up meetings for discussion regarding MRSA issues. Some areas of consideration when reviewing the local MRSA policy may include...
March 23, 2010
CCPOA Town Hall Meetings
February 4, 2010
CCPOA Blueprint for Success
State Board Memo from Chuck Alexander: "Attached is a copy of the "New Directions" document that we have begun distributing to members of the Legislature and media. Also, beginning Sunday January 10, we begin airing a TV and radio spot, specifically in the Sacramento region, regarding CCPOA's willingness to assist in reforming the CDCR. The spot will be available on our web page within the next few days..."
View the full New Directions document in the Issues section.
January 22, 2010
CCPOA First Watch Update 1/22/10
The 6th episode of CCPOA's First Watch Frontline News video reports is now available. These online video reports are being produced on a regular basis so we can get first hand information on important events out to our members faster. Archived reports and other video/audio are also available at the recently revamped CCPOA.TV...
Watch on CCPOA.TV
January 12, 2010
CCPOA.TV Updates
Two new items have been added to the CCPOA.tv site today including a radio/audio commercial and a television/video commercial. After you check out these new ads you can listen to archived 5150 recordings and view past commercials and the NEW CCPOA First Watch Update...
January 1, 2010
Information for Parole Services Associates
If you are a Parole Services Associate and you hired on or after August 11, 2004 you were automatically enrolled in the Alternative Retirement Program (ARP).
What this means is that for the first two years 5% of their pay was deducted and placed in an ARP account. In their 25th month, the deduction stop going into the ARP and start going to CalPERS. During months 47 and 49, they have to choice what to do with the money in their ARP account. They have three options:
- They can transfer the money to CalPERS.
- They can take a distribution of the money as a direct payment or roll it into an IRA, etc.
- They can transfer the money into a 401K.
There will be a fee accessed for picking options 2 or 3. If they do not make a choice, option 3 is the default and in option 3 there is also a monthly administrative fee charged against the funds. Here's the real problem, if they take options 2 or 3 they lose the service credits for their first two years. There are no fees for taking option 1 and they will keep the service credits for their first two years, but they have to affirmatively choose to take option 1 during their 47th through 49th months.
The State begins mailing all this information to the affected employees in the their 45th month, but a little reminder doesn't hurt.
For more ARP details and up-to-date information, go to the Savings Plus Web site (click on the alternate retirement program (arp) Quick Link).
November 1, 2009
California Pens November 2009 Update
October 1, 2009
Tax Acceleration Law Information
CCPOA is not in a position to give tax advice, and is providing this notice strictly for your information. As part of the budget "fix" California has enacted a tax acceleration law. Beginning November 1, 2009 the State will be withholding State taxes at a rate 10% higher than the current amount witheld. This is an increase of 10% to your tax withholding amount, but does not increase your annual tax liability, in effect, a loan to the State...
