May 9, 2012
Jerry Brown tells unions to brace for California state worker pay cuts
Brown administration officials met with the state employee union leaders last week, according to sources familiar with the meetings, to warn them that the next version of the governor's budget will include an unspecified cut in employee costs up to 10 percent.
The administration in January estimated that California is confronting a $9.2 billion deficit through 2012-13, but a recent state analysis concluded the actual gap is considerably more.
The sources, who declined to talk on the record because the administration asked all involved to keep the discussions secret, said Brown told the unions he was seeking $750 million in state employee cost savings for fiscal 2012-13..
LINK - SacBee.com
April 23, 2012
CCPOA Member Alert: CDCR Facility Closure & Staffing cuts
This afternoon, CDCR announced their plan to reduce 6,400 staff positions and the proposed closure of the California Rehabilitation Center (CRC) in Norco. No specific date for the closure has been given. CDCR cites court ordered mandates and the state’s attempt to address overcrowding as the primary reason for the cuts. Matt Cate, CDCR secretary, also stated that the plan is a result of the decline in the inmate population as a result of CDCR’s realignment plan...
March 30, 2012
Letter from the California State Legislature Joint Republican Caucus
...The state budget is a reflection of priorities and there is no reason to hold our schools hostage to the uncertainties of the proposed tax increase initiative that may not benefit our students. With political will, we can work together in a bipartisan manner to ensure that our schools are protected from trigger cuts, whether the Governor's tax initiative is ultimately accepted or rejected by the voters...
March 30, 2012
Republicans proposed cutting state worker pay (again) to balance budget
Legislative Republicans rolled out a budget plan Thursday that relies on cutting state worker pay, eliminating affordable housing funds and using pots of money dedicated for mental health and childhood development.
Republicans believe their plan eliminates the state's $9.2 billion deficit without new taxes and preserves the same amount of funding for education that existed last year. They say it undercuts Gov. Jerry Brown's argument that voters must pass higher taxes in November to spare schools from deep reductions.
"The state budget is a reflection of priorities and there is no reason to hold our schools hostage to the uncertainties of the proposed tax increase initiative that may not benefit our students," GOP legislative and budget leaders wrote in a joint letter. "With political will, we can work together in a bipartisan manner to ensure that our schools are protected from trigger cuts, whether the Governor's tax initiative is ultimately accepted or rejected by the voters..."
LINK - SacBee.com
March 19, 2012
TB (N 95 Masks) and Chemical Agent (OC Spray) Respirator Medical Evaluation Questionnaires
The state is in the process of fit testing staff for the TB Respirators and the Chemical Agent Respirators. There has been some confusion and concern as to the appropriateness of the questionnaire, which must be filled out prior to the test.
To briefly summarize a few facts:
- For the TB Respirator, questions 1-9 are mandated by Cal OSHA and can be found in Appendix C to Section 5144.
- For the Chemical Agent Respirator, quesetions 1-15 are mandated by Cal OSHA and can also be found in Appendix C to Section 5144.
- The questionnaires are retained by the physician doing the testing, CDCR does not get a copy of the completed questionnaire.
- The State is required by law (Title 8. CCR Section 5144) to fit test its employees.
See the link below to view the full memo and corresponding documentation...
January 31, 2012
California cuts prison staffing
With about 14,000 fewer inmates in its prisons because most of them have been transferred to county jails, the California Department of Corrections and Rehabilitation is sending notices to 548 workers that they will lose their jobs.
The first wave of firings is set for Feb. 29. A second round is expected in the fall.
Those losing their jobs include about 140 guards...
LINK - CentralValleyBusinessTimes.com
January 31, 2012
CMC facing limited layoffs
Of the 545 layoff warning notices the California Department of Corrections and Rehabilitation sent out last week, only seven went to employees of the California Men’s Colony in San Luis Obispo.
As part of a state prison realignment that is slated to reduce the prison population by 33,000 within two years by moving some offenders to county jails, staff numbers are also slated to decline. Throughout the state prison system, there are now 14,000 fewer inmates than there were six months ago...
LINK - CalCoastNews.com
January 27, 2012
Meet & Confer Notice: Chuckwalla Valley State Prison
Access to Care Unit Operational Assessment - Corrective Action Plan - Chuckwalla Valley State Prison (Supervisory)...
January 27, 2012
Statewide Agreement: COMPSTAT
Statewide Agreement Between CCPOA and the State of California, CDCR Regarding the COMPSTAT Administrative Segregation Unit (ASU) Tracking Log...
January 27, 2012
Statewide Agreement: AB 109 Conversion CSP-LAC
Statewide Agreement Between CCPOA and the State of California, CDCR Regarding the AB 109 Conversion for Facility "B" and "D" from Receiption Center to General Population (GP)...
January 26, 2012
WHAT TO DO IF YOU RECEIVE A LAYOFF NOTICE
Bargaining Unit 6 employees subject to layoff should anticipate receiving a layoff notice soon, perhaps as early as Friday, January 27, 2012. If you receive a layoff notice and you believe you have reasons to contest your layoff due to errors in your seniority score, the form of the notice, or the layoff procedure itself, contact our CCPOA field representative, Corey Davis, immediately so that your case can be evaluated in a timely manner. Corey Davis can be reached by calling our Sacramento Office at (800) 821-6443 or (916) 372-6060...
January 20, 2012
Meet & Confer Notices: Week of January 20, 2012
Meet and Confer notices for the week of January 20th including: Emergency Revision of January 2012 Institution Activation Schedule and Issuance of February 2012 Institution Activation Schedule; Implementation of EO B-11-11 and Senate Bill 26 Supervisory; Access to Care Unit Post Redirections at Chuckwalla Valley State Prison; and AB 109 Position Elimination at CCC...
January 13, 2012
Meet and Confer Notices: January 13, 2012
Meet and Confer Notices for the week of January 13, 2012 including Ad-Seg Overflow at VSPW and Operational Procedure Number 418 - Medication Management at CIW...
December 30, 2011
Meet and Confer Notices: December 30, 2011
Meet and Confer Notices for the Week of December 30, 2011 including:
- AB 109 Institution Conversion - CIW Supervisory
- AB 109 Institution Conversion - CCI
- AB 109 Institution Conversion - CCI Supervisory
December 22, 2011
CA State Supreme Court Declines to Hear Case on Corrections Furloughs
The state Supreme Court yesterday denied review of a First District Court of Appeal decision allowing the state to furlough unionized correctional officers.
The court voted 6-0 to allow the ruling in Brown v. Superior Court (California Correctional Peace Officers’ Association), A127292, to stand. The First District’s Div. Two ruled in October that the three-day-per-month furlough program initiated during Gov. Arnold Schwarzenegger’s administration is lawful as applied to facilities manned by employees represented by the California Correctional Peace Officers Association....
LINK - MetNews.com
December 20, 2011
2012 State Contribution Rates for Health Care
As noted earlier, the State Contribution rates are increasing. This is occurring because of our bargaining efforts and the members’ passage of the current MOU. Please distribute this information to your membership and remind them that this is one of the benefits they received due to their willingness to agree to the terms of the contract we now live under. In times of cuts and sacrifices, due to extreme financial woes statewide and nationwide, having an increase in our member’s net pay should be a welcome relief...
December 20, 2011
Meet and Confer Notices: December 20, 2011
Revisions to the DOM Regarding Seniority For Designated Supervisors and Managers
Public Safety Realignment Act Institution Conversion Valley State Prison for Women – log #11-171
Public Safety Realignment Act Institution Conversion Valley State Prison for Women – log #11-172
Implementation of Pilot Program for Alternative Treatment Option Models
CCI: Implementation of Operational Procedure 209
AB 109 Institution Conversion – CSP Corcoran
DJJ Ventura Behavior Treatment Program Closure Dispute
AB 109 Institution Conversion – CSP LAC
- Document - CCI: Implementation of Operational Procedure 209
- Document - AB 109 Institution Conversion - CSP Corcoran
- Document - AB 109 Institution Conversion - CSP-LAC
- Document - Revisions to the DOM Regarding Seniority For Designated Supervisors and Managers
- Document - DJJ Ventura Behavior Treatment Program Closure Dispute
- Document - Public Safety Realignment Act Institution Conversion Valley State Prison for Women (log #11-172)
- Document - Public Safety Realignment Act Institution Conversion Valley State Prison for Women (log #11-171)
- Document - Implementation of Pilot Program for Alternative Treatment Option Models
December 13, 2011
Statewide Agreement: VYCF DIGITAL CAMERA POLICY
December 1, 2011
Initiative Attorney General File #: 2011-052 Repeal Dills Act (Amendment #1S)
This measure repeals the Dills Act and related provisions regarding excluded employees. The measure prohibits state employees from engaging in strikes against a state employer.
November 30, 2011
Illinois Pension Reform Heads To Governor Quinn
Double-dipping into government pension systems is about to end in Illinois. Both Democrats and Republicans took a stand to close a loophole that allows union leaders to draw pensions from both labor and government pension systems. House Minority Leader Tom Cross says it was time to end the abusive practice. "We're talking in cases where there are individuals that are getting more than one pension, and it's hard to be sympathetic to a fellow who substitute teaches for a day and retires with a city pension and a union pension", said Cross...
LINK - WJBDRadio.com
November 30, 2011
Pension reform hearing and agenda
Jerry Brown's pension plan to get California lawmakers' scrutiny
California lawmakers will delve into Gov. Jerry Brown's 12-point pension plan on Thursday, the second legislative hearing by a two-house committee looking at the state's pension systems.
Brown's plan would generally propose less generous benefits for new hires and raise the retirement age.
The committee, which held its initial hearing Oct. 26 in Carson, is chaired by Assemblyman Warren Furutani, D-Gardena, and Sen. Gloria Negrete McLeod, D-Chino.
LINK - SacBee.com
November 29, 2011
Utah senator to present pension reform ideas to NH lawmakers
A special New Hampshire House committee looking into ways to overhaul the state's public pension system will hear from a Utah lawmaker about that state's efforts.
Utah Sen. Daniel Liljenquist will make a presentation Tuesday to the House Special Committee on Public Employee Pension Reform. He will discuss Utah's effort to transform its public pension system from a defined benefit model to a defined contribution plan...
LINK - TheRepublic.com
November 29, 2011
New Hampshire Senator: Pension reform to work
Too many people have taken advantage of the state retirement system, boosting their pensions to exceed their salaries, state Sen. Jeb Bradley said.
Prime sponsor of a bill that led to recent pension reform legislation, Bradley said "all the reforms taken together" will eliminate future cases of "high profile" pensioners and so-called double-dippers.
"It's not rampant and widespread," he said. "The double-dipping, which gets people rightfully so upset — someone who retires from a high-profile job and goes on to another high-profile job — I think it will curb the examples like that..."
LINK - SeacoastOnline.com
November 29, 2011
ASSEMBLYMEMBER KRISTIN OLSEN on Pension Reform
Recently, Governor Jerry Brown unveiled his state worker pension reform proposal to the public. He presented a plan that, at least on paper, is a good start, ending the worst abuses in the system and requiring future employees to more equitably share in the cost of retirement benefits.
It is a good sign that many of the ideas the Governor put forward are ideas that Republicans have pushed for years. Pension costs are consuming a larger chunk of the state budget each year, threatening classroom funding.
According to the bipartisan Little Hoover Commission, the 10 largest public pension funds in California – including CalPERS – faced a combined shortfall of more than $240 billion in 2010. Researchers at Stanford University have come up with an even more shocking number – they estimate unfunded pension obligations to be as high as $500 billion...
LINK - TurlockJournal.com
November 28, 2011
South Carolina moves on pension reforms for public workers
South Carolina is joining a group of states grappling with how to handle shortfalls in their state retirement systems. The state currently faces a $17 billion gap between investments and long-term pension promises. In addition to the gap, a proposed new rule would require local municipalities to disclose this shortfall on their balance sheets which may endanger some municipal credit ratings.
Two weeks ago, the House committee tasked with finding recommendations on how to bridge the investment gap canceled its plans to discuss the issue. Republican Rep. Jim Merrill of Daniel Island, the committee chairman said that officials were weeks away from having any kind of plan in place. In the interim the state has started looking for an investment professional to act as a consultant for the $26.2 billion pension fund. The state is expected to post RFP’s online for both this position and a global custodian for the fund within the next few weeks...
LINK - CIVSourceOnline.com
November 27, 2011
Cash-strapped cities want workers to contribute more to pensions
As Gov. Jerry Brown calls for sweeping reforms in public-employee pensions, cities such as Santa Ana demand concessions from their employee unions.
It's business as usual at Santa Ana City Hall as residents trickle up to the counter to pay business fees, pick up a dog license or, in a newer wing next door, apply for a free solar permit.
But on the top floor of the eight-story concrete fortress, city officials in Orange County's most labor-friendly city are doing the once unthinkable: demanding big benefit concessions from their employee unions...
LINK - LATimes.com
November 23, 2011
Supervisory Update: November 23, 2011
Dear Member,
Attached you will find the SO6/MO6 statewide bid document regarding the procedure set to begin on November 28, 2011. You will note the document is in draft form, and we do hesitate to send out a draft instead of the final version. However due to the time frame of the bid and the fact that this document is already circulating we are sending it out in this form. We continue to seek a final version from the state. As soon as we receive the final version we will forward that as well.
One of the issues that we have requested to be included in the memo deals with members displaced from SYRCC and their ability to take part in this bid. The email clarification we received from Labor Relation states that those members will be allowed to participate, but ONLY those that bid to DAI, attended the transitional academy AND bid to an overage institution.
Have a safe Thanksgiving Holiday,
Kevin Raymond,
Supervisory Vice President CCPOA
November 17, 2011
Statewide Agreement: PAII Conversion
Statewide Agreement between CCPOA and DPA:
This Agreement represents the full and complete understanding reached by and between the parties at the conclusion of Meet and Confer negotations on November 10, 2011 regarding the conversion of Field PAII Specialist positions to PAII Supervisors...
November 17, 2011
Meet & Confer Requests and Updates: Week of November 17, 2011
Meet and Confer Requests for November 10, 2011:
- DJJ Activation of Low Core Male Unit at Ventura Youth Correctional Facility (VYCF)
View Document (.pdf format)
- Ventura Youth Correctional Facility Female Treatment Program
View Document (.pdf format)
Agreements for November 10 and 11, 2011:
- High Desert State Prison Gym Facility B Agreement
View Document (.pdf format)
- Statewide Agreement PAII Conversion
View Document (.pdf format)
November 16, 2011
Labor coalition responds to California Pension Reform changes
Steve Maviglio, spokesman for Californians for Retirement Security, read this morning's report about tweaks to two pension reform ballot proposals and emailed a comment on behalf of the labor coalition:
"They can shop this measure to lawyers on the East Coast and try to get their funding from an Enron billionaire from Texas," Maviglio said in the email to The State Worker, "but at the end of the day, as the LAO has said, trying to slash the retirement benefits of California's public workers is unconstitutional, period."
What the Legislative Analyst's Office said was this...
LINK - SacBee.com
November 9, 2011
Pension reform measures watched across California
Resounding voter support this week for pension reform measures in San Francisco and Modesto offered some reassurance to leaders of other California cities also struggling to deal with ever-tightening budgets partly due to the costs of generous retirement plans for their employees.
More than two-thirds of San Francisco voters in Tuesday's election supported Proposition C, which would increase contributions by some city workers and raise the minimum retirement age for some others to save $1.3 billion over the next decade. San Francisco faces a $4 billion obligation over the next decade for tens of thousands of current and former employees under its system, which was created in better economic times...
LINK - MercuryNews.com
November 8, 2011
LAO report on Governor’s pension proposal
The Legislative Analyst's Office has just issued the following report:
Public Pension and Retiree Health Benefits: An Initial Response to the Governor's Proposal
The Governor’s 12-point pension and retiree health plan would result in bold changes for California’s public employee retirement programs. His proposals would shift more of the financial risk for pensions—now borne largely by public employers—to employees and retirees and would, in so doing, substantially ameliorate a key area of long-term financial risk for California governments.
As this report discusses, despite the proposal’s strengths, it leaves many questions unanswered, such as how his hybrid plan and retirement age proposals would work and how the state should cope with large unfunded liabilities already affecting the California State Teachers’ Retirement System, the University of California Retirement Plan, and the health benefit program for state and California State University retirees. The Governor’s proposal to increase many current public employees’ pension contributions also raises significant legal and practical issues.
This report (36 pp.) and a companion webcast (7:42) areavailable on the LAO’s website using the following link: http://lao.ca.gov/laoapp/PubDetails.aspx?id=2537
NOTE: You can also view the LAO Report below in .pdf document format via the CCPOA.org website for those who cannot access outside links.
November 3, 2011
Ballot proposals seek change in California’s pension system
State and local workers would pay more for their pensions under two ballot initiative proposals made public Wednesday.
The effort by a group calling itself California Pension Reform comes less than a week after Gov. Jerry Brown offered his own 12-point plan to dial back pension costs. Brown hopes to secure passage for his plan in the Legislature.
One of the two plans filed with the attorney general's office mirrors Brown's call for pensions to blend a smaller guaranteed pension with other retirement income sources...
LINK - SacBee.com
October 19, 2011
More October Meet & Confer Notices
Please see the attached Notices that we received from Labor Relations regarding:
AB 109 Institution Conversion – Wasco State Prison
AB 109 Institution Conversion – SQ Reception to Level II General Population
AB 109 Institution Conversion – High Desert State Prison
Activation of 64 New Single Cell High Custody Intermediate Treatment Center Beds at
Vacaville Psychiatric Program – Supervisory
Activation of One Mental Health Residential Unit at Chaderjian Youth Correctional Facility
October 18, 2011
Alternative Custody Statewide Agreement
This Agreement represents the full and complete understanding reached by and between the parties at the conclusion of Meet and Confer negotiations on October 12,2011, regarding the Implementation of the Alternative Custody Program (ACP). This Agreement becomes an addendum to the current State Bargaining Unit Six Memorandum of Understanding...
October 18, 2011
CDCR Notices, Meet & Confer Requests for Week of October 17, 2011
October 13, 2011
Realignment Agreement
Late last week, CCPOA and DPA concluded discussions about the impact on facility staffing that is anticipated due to AB109 and the corresponding reductions in inmate population. These discussions were "informal" in that if we could not reach an agreement, the State would/could make its staffing reductions via the layoff process. However, upon reaching a conceptual agreement, we formalized said discussions via the attached...
October 7, 2011
Meet & Confer - CIM ISU #2 (Supervisory)
Meet and Confer correspondence regarding the reclassification of CIM Investigative Services (ISU) #2 Lieutenant to ISU #2 Sergeant - Supervisory...
October 5, 2011
Statewide Agreement – DJPO / DAPO Merger
October 5, 2011
Meet & Confer Requests - Week of October 3, 2011
October 3, 2011
CCPOA Furlough Case Update
Memo updating CCPOA members regarding the Furlough Case...
September 30, 2011
CDCR FMLA BU6 Method Change
This is to advise you of a change in the method of calculating FMLA/CFRA leave for Bargaining Unit 6 employees. Under the current method, FMLA/CFRA leave is calculated by using the 12-month rolling year method for Bargaining Unit 6 employees...
September 30, 2011
Local Agreements – High Desert
Please see the attached documents regarding local agreements reached at High Desert State Prison which address Additional Activities Facility B Gym and Medical Realignment in Ad-Seg...
September 30, 2011
Statewide Agreement – California Identification Card Pilot
Please see attached agreement which represent the full and complete understanding reached by and between the parties at the conclusion of Meet and Confer negotiations on September 15, 2011 regarding the California Identification Card Pilot...
September 23, 2011
Meet & Confer Requests: Week Ending September 23, 2011
From the CCPOA Labor Department: 5 Meet & Confer Notices for the week ending September 23, 2011.
September 22, 2011
Court may rule on CCPOA furlough case any time
Several State Worker blog users have asked about the status of two furlough cases in San Francisco's 1st District Court of Appeal. The short answer: The court could issue rulings in either case any day now.
CCPOA v. Brown (formerly CCPOA v. Schwarzenegger) is the government's appeal of a lower court's ruling that "self-directed" furloughs are an illegal pay cut, since employees lost their pay but were often forced to put off taking the commensurate time off.
Attorneys argued the case on Aug. 18. Legal types we've spoken with believe that this is the strongest of the union furlough cases, since it's about whether the policy violated labor law...
LINK - SacBee.com
September 21, 2011
Memo Re: California Automated Travel Expense Reimbursement System
Bargaining Unit 6 members have been utilizing CalATERS in some form or another for the past two years for the purpose of reimbursement for travel or overtime meal allowance claims. The major problem has been that the process for utilizing CalATERS has been very diverse from institution to institution, often times making reimbursement for legitimate compensation unduly difficult and time-consuming...
September 20, 2011
Statewide Agreement – Realignment & Post Release Community Supervision for Corr. Counselors
Please see attached agreement on Realignment & Post Release Community Supervision for Correctional Counselors. This negotiated agreement regarding “Implementation and Training on PC 3450 Post Release Community Release Supervision” now becomes an addendum to the Bargaining Unit 6 Memorandum Of Understanding...
September 20, 2011
FMLA/CRFA Change Agreement
Beginning with the calendar year 2012 the method for calculating Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) leave for represented employees in State Bargaining Unit 6 has been changed from the 12-month rolling year method to the 12-month calendar year method...
August 9, 2011
Labor Issues Update - August 9, 2011
July 27, 2011
Member Letter from CCPOA: July 27, 2011
June 9, 2011
Update on the Issues: June 9, 2011
MOU
The final edits and corrections on the newly ratified MOU are taking place this week, and hopefully the MOU will be in the hands of the printer shortly. One quick note - there is some confusion regarding the Personal Development Days (PDD). Four PDDs will be posted on January 1, 2012 (no PDDs in 2011). PDDs must be used in the calendar year issued (use it, or lose it), therefore, PDD leave will be used prior to all other leave credits.
1% REDUCTIONS
CCPOA has received an Official Notice to negotiate the impact to BU6, of the 1% statewide staff reduction. We are set to meet with management on Monday, June 12 regarding the rank and file issues and on Tuesday, June 13, on the impact to the Supervisory ranks. Among the issues to be discussed is the fact that this reduction should eliminate the previously negotiated 3%-5% Re-directions now in place at the institutions.
HEADQUARTERS LAYOFF
CCPOA has received Official Notice to negotiate the reduction of positions at CDCR Headquarters. Approximately 1300 SROA notices have been sent to possibly impacted employees. As a general rule three time as many notices are sent than the number of reduced positions. We understand a large number of the positions to be eliminated are currently vacant, which will lessen the impact considerably. We are in the process of setting dates to begin negotiations.
POFF
We have had initial meetings with management regarding the options available to BU6 staff regarding the individual POFF account monies. The immediate response was that the members cannot access the account until separation from state service. However, the state is looking at the options should the current POFF administration be completely abolished. All possible options will be explored prior to a final decision. Basically we are still researching options which will best benefit the members. We will keep you updated.
BCOA
The Basic Correctional Officer Academy (BCOA) scheduled for June 27, 2011, has been postponed indefinitely.
May 25, 2011
Neillo says he won’t pursue pension-reduction initiative
Former Assemblyman Roger Niello's initiative to rollback public pension benefits "will end up in the scrapheap of politically-motivated failures," said Dave Lowe, chairman of Californians for Retirement Security, in a statement released by the union coalition Tuesday evening.
As reported by Bee colleague Paresh Dave on Tuesday, Niello has decided he won't pursue collecting signatures to put his public pension rollback initiative on the ballot, although the secretary of state has said that he can begin working to place it before voters.
Niello, a Fair Oaks Republican who has said he's considering a run at statewide office, said with a special election on taxes later this year looking more and more remote, there's no urgency to make sure "pension reform" goes up for a vote...
LINK - SacBee.com - The State Worker
May 24, 2011
Pension reduction initiative authorized to collect signatures
Former Republican Assemblyman Roger Niello of Sacramento is clear for signature take-off on his controversial public employee pension reform initiative.
The Secretary of State officially announced today that he may begin collecting the required 807,615 signatures of California voters in order to qualify the measure for the statewide ballot.
The constitutional amendment strips public employee unions of their right to negotiate their pensions in collective bargaining, sets the retirement age at 62 and caps benefits at 60 percent of an employee’s highest average base wage over three years. It also requires that workers match the public contribution to their premiums...
LINK - IBABuzz.com
May 17, 2011
CCPOA’s MOU bill signed by Governor Brown
Last night, after our MOU was approved by the California State Assembly, it was sent to Governor Brownʼs desk for approval. Governor Brown signed the bill into law...
May 16, 2011
CCPOA Member Alert - 5/16/2011
At approximately 1:00 pm this afternoon, the California State Assembly granted final approval to Senate Bill 151 (Correa) on its first floor vote attempt. Our MOU was able to garner the requisite 2/3 vote necessary for its passage. The bill now heads to the desk of Governor Brown for his signature.
All 52 Assembly Democrats voted “AYE” for the bill...
May 16, 2011
Labor contracts headed to Gov. Jerry Brown
Labor contracts for about 60,000 California state workers, including correctional officers, cleared their final legislative hurdle today and are headed to Democratic Gov. Jerry Brown.
Senate Bill 151 contains the negotiated pacts for prison guards, engineers, scientists, administrative law judges and other law enforcement officials. The Assembly approved the pacts on a 54-17 vote.
The deals are similar to those reached by Republican Gov. Arnold Schwarzenegger last year with 15 other bargaining units...
LINK - SacBee.com
May 16, 2011
Correctional officers union OKs tentative pact
The California Correctional Peace Officers Association said Saturday that its members have approved the union's tentative agreement with Gov. Jerry Brown by a wide margin.
CCPOA spokesman JeVaughn Baker said 11,651 of the ballots cast, 85.6 percent, favored the contract. He said 1,960, or 14.4 percent, opposed the deal.
The union represents roughly 32,000 correctional and parole officers who have been working without a contract since 2006. In 2007, then-Gov. Arnold Schwarzenegger imposed terms on the union after mediated talks broke down...
LINK - SacBee.com
May 14, 2011
CCPOA Contract Vote Results
Final Membership Vote Totals on the CCPOA Contract
11,651 voted yes 85.6%
1,960 voted no 14.4%
13,611 Total Ballots Counted
May 9, 2011
Assembly Committee Approves CCOPA MOU Bill
The Assembly Committee on Public Employees, Retirement and Social Security approved SB 151 (Correa) earlier today.
Democrat Assembly members Warren Furutani, Michael Allen, Bob Wieckowski, & Fiona Ma all voted AYE.
Republican Assembly member Allan Mansoor was the lone “NO” vote.
Republican Assembly member Diane Harkey was not present for the vote, although the committee chair stated that she would be allowed to “add-on” before the committee adjourned for the day.
The bill now heads to the Assembly Appropriations Committee where it is scheduled to be heard this Wednesday, May 11.
May 2, 2011
Senate approves six state worker labor contracts
Legislation to adopt contract agreements reached with six state employee bargaining units including a controversial labor pact for state prison guards union, squeaked through the Senate today.
Senate Bill 151, by Democratic Sen. Lou Correa, initially came up one vote short of passage, 26-14, but cleared the upper house when Sen. Anthony Cannella, R-Ceres, changed his vote after a roughly two-hour recess. Sen. Sam Blakeslee, of San Luis Obispo, was the only other Republican who voted for the bill.
The bill ratifies the agreements Gov. Jerry Brown reached with bargaining units representing correctional officers, engineers, scientists, administrative law judges and other law enforcement officials. The measure now moves to the Assembly...
LINK - SacBee.com
April 8, 2011
MOU Fiscal Analysis Bargaining Units 6 and 13
Fiscal Analysis Required by State Law. Section 19829.5 of the Government Code - approved by the Legislature in 2005 - requires the Legislative Analyst’s Office (LAO) to issue a fiscal analysis of proposed MOUs...
March 15, 2011
Contract Agreement Reached
After the roughly 3 month contract negotiation process with Governor Brown’s administration, we have reached a tentative agreement on a successor MOU at 5 a.m. The tentative agreement expires July 2, 2013 and contains enhancements as well as concessions...
March 3, 2011
Unions ask Alameda Superior Court judge to stop furloughs
Five of six state employee unions without contracts whose members are furloughed three days per month have asked an Alameda Superior Court judge to stop the policy.
Professional Engineers in California Government, California Association of Professional Scientists, California Correctional Peace Officers' Association and California Attorneys, Administrative Law Judges, and Hearing Officers in State Employment are the union plaintiffs in the lawsuit now before Judge Steven Brick.
The Association of California State Supervisors, which speaks on behalf of management-level exempt workers, is also a party to the lawsuit...
LINK - SacBee.com (The State Worker)
February 25, 2011
Little Hoover Commission: Cut retirement benefits for current employees, including C/Os
The Little Hoover Commission issued a report today recommending the reduction of pension benefits for all current public employees in the state.
Here are a few excerpts from the report:
- “The Legislature should give state and local governments the authority to alter the future, unaccrued retirement benefits for current public employees.”
- “Freezing earned pension benefits and re-setting pension formulas at a more realistic level going forward for current employees would allow governments to reduce their overall liabilities – particularly in public safety budgets. “
- “Police officers, firefighters and corrections officers have to be involved in the discussion because they, as a group, are younger, retire earlier and often comprise a larger share of personnel costs at both the state and local level.”
- “Public safety pensions cannot be exempted from the discussion because of political inconvenience.”
February 2, 2011
Overtime Class Action Lawsuit
Lawsuit Seeking Unpaid Overtime Wages for Uncompensated Pre-and Post-Work Activities “Certified” As a Class Action for Approximately 30,000 Unit 6 Employees and Supervisors
January 25, 2011
Another View: Public employees are negotiating pension changes
Dan Pellissier attempts to use our hope for honest civic discussion to conceal his long commitment to cutting retirement security no matter the consequences.
An honest assessment of our budget situation starts with the worst economic crash in 70 years and how Wall Street speculation hurt every aspect of the economy.
Those market conditions are also the cause of retirement funding shortfalls. "The main driver of the current level of pension funding pressure is market losses in late 2008 and early 2009," according to a study by the Fitch independent global rating agency...
LINK - SacBee.com (Opinion)
January 21, 2011
California Correctional Peace Officers’ Association 2011 SUPERVISORS Contract Survey
This survey is designed to get Supervisory Members’ input on matters that are of the most concern of those who work the toughest beat in the state. In offering their comments, members should bear in mind the difficult fiscal condition of the State budget. The information gathered through this survey will be used to formulate proposals to submit to the new administration.
The survey will conclude Sunday night, January 23rd, so please complete this survey TODAY so we can get to work on implementing the results.
January 21, 2011
Update: Newton v. Schwarzenegger
Re: Newton v. Schwarzenegger, No C 09-5887
Dear Plaintiffs and Consenters:
The purpose of this letter is to inform you of the District Court's decision in the Newton v. Schwarzenegger, Fair Labor Standards Act (FSLA) case.
On January 13, 2011, Judget Vaughn R. Walker heard the parties' arguments in U.S. District Court for the Northern District of California, San Francisco. On January 14, 2011, the Court issued its decision (see attached)...
Please continue reading the full memo from CCPOA as well as the official court decision documents below.
January 20, 2011
California Correctional Peace Officers’ Association 2011 Contract Survey
This survey is designed to get Members’ input on matters that are of the most concern of those who work the toughest beat in the state. In offering their comments, members should bear in mind the difficult fiscal condition of the State budget. The information gathered through this survey will be used to formulate proposals to submit to the new administration.
The survey will conclude Sunday night, January 23rd, so please complete this survey TODAY so we can get to work on implementing the results.
January 14, 2011
CCPOA furlough lawsuit rejected by federal court
A judge in San Francisco has struck down a class action lawsuit over correctional officer furloughs that alleged the policy violates federal labor laws. The case is the first furlough litigation orally argued by state attorneys since Gov. Jerry Brown took office on Jan. 3.
"We are disappointed in the court's ruling today and will be reviewing the decision to determine what steps to take next." said Ryan Sherman, spokesman for the California Correctional Peace Officers Association, which backed the lawsuit.
The ruling by U.S. District Court Judge Vaughn Walker comes just one day after arguments in Newton v. Schwarzenegger. The case argued that "self-directed" furloughs of correctional officers violated the Fair Labors Standards Act. The case applied only to members of Bargaining Unit 6...
LINK - SacBee.com
January 11, 2011
Memo from Chuck Alexander re: Proposed 2011-2012 Budget
The Governor's proposed 2011-2012 state budget has been released and the highlights are attached for your information. As anticipated, there are some dramatic proposals relative to the CDCR. Again, this is the proposed budget and as such will now begin the dialog between all impacted and or interested parties prior to it becoming a final product.
We have had several meetings with various Administrative representatives including the Governor's Office and the Department of Finance and have more scheduled over the next few weeks. CCPOA has, and will continue to offer viable alternatives to the CDCR proposals that are contained in today's budget proposal. Based on discussions thus far, we are cautiously optimistic that compromises we propose may supplant many of these initial proposals...
October 22, 2010
Memo from Chuck Alexander re: PML 2010-027 Furlough Program
Yesterday, the Department of Personnel Administration issued a new PMLto all Personnel Officers, which was forwarded to you by Perry Speth.
This PML states:
"Effective November 2, 2010 furloughs will be self directed. All State agencies and departments must ensure that employees take their three furlough days off within the pay period their total compensation is adjusted."
It is our belief that this is an attempt by DPAto convince the Appellate Court that all Unit 6 members are furloughed the same as those employees covered by the recent Supreme Court decision regarding furloughs. We are in the process of developing and submitting an information request seeking the CDCR plan that complies with this "new" furlough program...
October 21, 2010
Preston Youth Correctional Facility to close
Officials have confirmed that the Preston Youth Correctional Facility in Ione, the oldest operating facility for juvenile offenders in the state, will close.
A statement issued today by the California Department of Corrections and Rehabilitation said the move is in response to a declining ward population at youth correctional facilities statewide. CDCR Secretary Matthew Cate said that the 224 youths currently housed at Preston would be moved to one of the five remaining Division of Juvenile Justice facilities in the state by June 2011.
CDCR spokesman Bill Sessa said the 445 employees who will be affected by the closure will be offered positions at other facilities...
LINK - Ledger-Dispatch.com
October 12, 2010
CCPOA Memo re: DPA, Furloughs and Pension Contribution Issues
To: State Board of Directors
From: Chuck Alexander, CCPOA Executive Vice President
Date: October 11, 2010
Re: DPA, Furloughs and Pension Contribution Issues
The latest information regarding the just-passed state budget for Unit 6 members is as follows.
The budget bill authorizes the governor to impose furloughs or institute other cost-saving measures on employees in five bargaining units including CCPOA. This authorization was approved in order to attain the $600 million in employee compensation reductions as required by the budget...
October 11, 2010
EXECUTIVE ORDER S-01-10
WHEREAS immediate and comprehensive action to reduce current spending must be taken to ensure, to the maximum extent possible, that the essential services of the State are not jeopardized and the public health and safety is preserved; and
WHEREAS the State’s employee attrition rate is approximately 12 percent per year due to employee retirements and separations from service; and
LINK - Read the FULL Executive Order @ gov.CA.gov
October 8, 2010
EC Budget Update
The California Legislature passed the State Budget early this morning. Members of the CCPOA Executive Council and the CCPOA Legislative Division held an all night vigil in the State Capitol during this process. We were successful in keeping the “pension reform” as written from achieving the required two-thirds votes for passage. However, in the early morning hours the Legislature gutted another bill, loaded the pension reform into that bill and passed it with a simple majority vote.
Considering the fiscal state of the state we made it quite clear, as we have all along, that we were more than willing to agree to pension reform and possible concessions in return for our work place rights (an MOU). The legislative leadership either would not or could not stand up to the Governor on behalf of the men and women in this profession...
October 6, 2010
Memo from Chuck Alexander to Legislators re: Pension Reform
The following is a copy of the letter sent from CCPOA Executive Vice President Chuck Alexander to the entire state Senate today concerning the tentative state budget proposals.
Please take a moment to read the letter. An identical letter was also sent to all members of the state Assembly.
Also, if you are interested, please contact the office of your state Assembly member and state senator to voice your opinion on this proposed budget plan.
You can find out who your legislators are by going to the CCPOA website and clicking on the link on the left-side of the page.
October 4, 2010
Memo: Today’s California Supreme Court ruling upholding the furloughs
At my request, our legal team prepared the following short summary of today's 84-page decision by the California Supreme Court:
The Supreme Court issued a decision today in three cases relating to the Governor and Department of Personnel Administration's ("DPA") February 2009 furloughs program on State workers. CCPOA was not a party to those cases, but the Court's decision may have some impact on cases we have filed on behalf of the members.
The Court ruled against the Governor and DPA on every ground they relied on for implementing the furloughs. The Court stated that there was no legal authority to take such action. Nonetheless, the Court ruled that the Legislature legitimized the furloughs through its February 20, 2009 passage of a revised budget...
October 1, 2010
A Guide to Furloughs Litigation
By Gregg Adam and Jonathan Yank
Despite rumors of a pending state budget deal—which may or may not end the present round of furloughs—Unit 6 members remains subject to the onerous terms of the Governor’s furlough orders and CDCR/DPA efforts to implement them. Employee salaries are reduced by 15% and—to add insult to injury—many (if not most) of our members actually work on their “supposed” furlough days.
There are more than thirty cases file by labor unions representing state employees slowly working their way through the California courts. Two of those are being pursued by our office on behalf of CCPOA-represented employees. This short summary is intended to update members regarding the status of those cases and to speculate on when final decisions may be forthcoming. The good news is that relevant decisions should issue in fairly short order; the bad news is that those decisions may themselves trigger further litigation.
Before turning to the CCPOA-cases, we offer a brief summary of the September 8, 2010 oral argument in the California Supreme Court on other furlough-related cases. CCPOA was not directly involved in those consolidated cases, but a decision by the Supreme Court in those matters certainly has potential implications for CCPOA’s cases. The arguments there concerned whether the Governor generally has the authority to implement furloughs in response to a declared state of financial emergency (putting aside any illegalities in how they are implemented).
The Governor’s attorney argued that during any state of emergency (including a fiscal crisis), the Governor has sweeping, inherent executive powers, including the power to furlough state employees. The labor unions countered that the Governor had exceeded his powers because a number of statutes and provisions of the California Constitution clearly provide that only the Legislature, and not the Governor or others in the executive branch, can change state employees’ salaries.
Most commentators and practitioners (many noting that six of the seven justices were appointed by Republican Governors Deukmejian and Wilson) believe that the Supreme Court will rule for the Governor. Our hope is that, if that happens, it will be a narrow ruling, and not one that suggests that the Governor does indeed have unlimited power under the circumstances.
Now to CCPOA’s cases:
CCPOA v. Schwarzenegger I
CCPOA filed this case in March of 2009 in the Alameda County Superior Court. The furloughs had been implemented at the beginning of February, 2009, and by the beginning of March, the February paycheck had confirmed—what CCPOA suspected—that the paychecks received by our members made no distinction between those who had actually been able to take their furlough days off and those who had worked (i.e., our members’ paychecks were reduced whether or not they were able to take days off). Our lawsuit raised two sets of claims: (1) that the reduction of salaries effectuated by the furlough orders violated the separation of powers doctrine and clear language in the Government Code stating that only the Legislature has the power to change state employees’ salaries ; and (2) by paying no salary and only a “furlough credit” for certain work performed (i.e., furlough days when employees were required to work), the State was violating California’s wage-and-hour laws. These claims were filed for Unit 6 members and for supervisory employees represented by CCPOA.
Despite our best efforts to have the claims heard as soon as possible, Judge Frank Roesch, who was assigned the case, decided that he wanted to hear all furloughs cases on his calendar at once. (A number of other unions also filed in Alameda after CCPOA.) Accordingly, it was not until mid-November that the parties argued their claims to the judge in front of a packed courtroom.
On December 17, 2009, Judge Roesch issued an 11-page ruling in CCPOA’s favor on both sets of claims. He found that, based on undisputed evidence, the State had violated the separation of powers doctrine and California wage-and-hour laws. Consequently, he issued a Writ of Mandate (a type of court order) directing the State to immediately begin paying employees who worked on furlough days.
Now it begins to get complicated: On the day after Judge Roesch issued his Writ of Mandate, the State filed a Notice of Appeal to the First District Court of Appeal in San Francisco. CCPOA objected, pointing out that remedial claims for up to 30,000 employees still needed to litigated and, therefore, that the Notice of Appeal was premature and defective. The State Controller agreed with CCPOA and indicated that he would execute full paychecks. The State then asked the Court of Appeal to issue a stay of Judge Roesch’s Writ to prevent the order from taking effect, which it did. CCPOA then challenged the State’s Notice of Appeal as defective for the reasons stated above, but suggested that if the Court of Appeal believed the issues to be of sufficient importance (as we certainly agreed they were), then it should take the case “outside its normal rules” as an expedited appellate Writ of Mandate proceeding (yes, the terminology is often duplicative). We also asked the Court of Appeal to lift its stay, which we contended would simply cost the State additional money through monetary remedies and legal fees.
The Court of Appeal agreed with us that the notice of appeal was defective, and it also agreed with our suggestion that it should accept the case for an expedited Writ of Mandate proceeding. It would not, however, agree to lift the stay despite our request (and others we have made since).
Expeditious briefing took place, with the party submitting all of their briefs by mid-May (believe it or not, this was “expedited” for an appellate court). However, we still await a ruling from the Court of Appeal.
To be fair to the Court of Appeal, with a Supreme Court decision on this subject pending, it is likely that it has decided to await that decision to ensure there is no conflict with any decision it will issue in our case.
It is possible that once the Supreme Court rules, the parties may be asked in our case to analyze and submit further briefing as to whether the ruling affects our case. We tend to think that the Supreme Court’s decision will not affect our case because the issues are different—the Governor’s authority to order actual furloughs (meaning employees actually getting time off without pay) versus the State’s obligation to pay employees for all time for which they are actually required to work.
CCPOA v. Schwarzenegger II
We filed a second lawsuit in early August 2010 seeking to challenge the Governor’s emergency order to implement a second wave of furloughs (on account of the new state budget impasse). Again we filed in the Alameda County Superior Court.
Our lawsuit was one of a number of challenges by state employee unions to the Governor’s authority to order the second round of furloughs. Most of the challenges focused (again) on the lack of authority for the Governor to implement the furloughs.
Before our case was heard, several other unions successfully persuaded Alameda Superior Court Judge Stephen Brick to issue a temporary restraining order (“TRO”) prohibiting the Governor from implementing the second round of furloughs. The Governor made an emergency appeal to the Court of Appeal, but that was denied.
Our application for a TRO was heard shortly afterwards, and Judge Brick tentatively indicated he would also be inclined to issue the TRO in our case. Before he could, however, the California Supreme Court intervened and issued a stay, proclaiming that the cases were too similar to the matters then (and now) under consideration by the Court (i.e., the cases discussed above that were argued on September 8).
Accordingly, our second challenge to the furloughs remains stayed pending a ruling by the Supreme Court.
What comes next …
As stated, we expect a ruling by the Supreme Court in the near future on whether the Governor has the authority to unilaterally implement furloughs. Once that decision is issued, it should clarify whether we are likely to prevail on our challenge in CCPOA v. Schwarzenegger II.
In addition, once the Supreme Court weighs in, the Court of Appeal is likely to issue its decision in CCPOA v. Schwarzenegger I. If, as we hope, the Court of Appeal affirms Judge Roesch’s ruling, then the Writ of Mandate would be reinstated, and we would return to Judge Roesch’s courtroom to litigate the amount of back pay and other monetary remedies due to our members for the violations of California’s wage-and-hour laws.
September 9, 2010
Supreme Court Hears Oral Argument in Challenge to Furloughs
Attorneys for Gov. Arnold Schwarzenegger argued to the California Supreme Court yesterday that the governor did not exceed his authority when he furloughed state employees and used his veto power to further cut budget appropriations already reduced by the Legislature.
The governor’s lawyers rejected arguments challenging Schwarzenegger’s Dec. 19, 2008 executive order which unilaterally imposed mandatory two-day-a-month unpaid furlough. They also said that the governor’s line-item veto power applied to provisions in a mid-year emergency bill that reduced appropriation amounts of a previously enacted budget bill.
The high court heard the arguments in proceedings in San Francisco broadcast live on television and on the Internet by public affairs cable television network The California Channel...
LINK - MetNews.com
September 2, 2010
State prison officials considering layoffs
California prison officials are reviewing recommended staff eliminations sent to them last week by prison wardens.
State Department of Corrections and Rehabilitation officials in August asked for a 3 percent employee reduction - about 1,100 positions - to save between $80 million and $100 million.
An analysis of the potential cuts is expected to be completed in about 30 days, state prison officials said...
LINK - DailyBulletin.com
September 2, 2010
Schwarzenegger, union argue furlough case next week
If the bitter furlough battle between Gov. Arnold Schwarzenegger and state employee unions happened to be a heavyweight fight, Wednesday would be the final round.
After nearly two years, 40 lawsuits and more than $1.2 million in state legal bills, the California Supreme Court will hear debate next week over whether the governor has illegally forced state workers to take unpaid days off from work. Here's a brief guide to the 9 a.m. hearing and beyond:
The stakes.Enormous, starting with the bank accounts of more than 200,000 state workers who have lost nearly 50 workdays and close to a combined $3 billion or so in pay since February 2009...
LINK - SacBee.com
August 20, 2010
CDCR Calls for Additional 3% Reduction
Due to the State of California's dire fiscal crisis, the California Department of Corrections and Rehabilitation (CDCR), Division of Adult Institutions (DAI), is asking for your assistance in evaluating the impact of a three percent position reduction for the 2010-11 fiscal year. I understand this process represents a potentially significant undertaking; however, all viable options must be identified and explored as we work together indetermining alternative methods to safely reduce DAI statewide expenditures...
August 18, 2010
Court Orders “Stay” of the Furlough TRO
Today, CCPOA was back in Alameda Superior Court regarding the new round of furloughs. The presiding Judge has taken the matter under consideration pending a possible ruling by the California Supreme Court.
As this was being written, the California Supreme Court issued a "stay" of the TRO issued last week, and granted the Governor's request for review. The case is set for oral argument on September 8, 2010...
August 12, 2010
Furlough Case Update 8/12/2010
Today at 11:00 CCPOA was in Alameda Superior Court for our TRO hearing regarding the newround of furloughs. As we were assigned to be heard in Judge Roesch's Court, the State exercised an objection and our case was assigned to another judge...
August 10, 2010
Furlough Case Information
Late yesterday, the Alameda Superior Court issued an injunction against the State relative to the imposition of the latest furlough order. This injunction DOES NOTapply to Unit 6, however we also plan to be in court this week or early next week, seeking the same injunctive relief...
August 9, 2010
BREAKING NEWS: Judge says Schwarzenegger can’t impose new furloughs
An Alameda County Superior Court judge Monday temporarily barred Gov. Arnold Schwarzenegger from imposing new furloughs on state workers beginning Friday.
Judge Steven A. Brick ruled after hearing more than two hours of arguments over the governor's demand that about 144,000 state employees take unpaid time off.
The judge granted a temporary restraining order, saying that it appears that the governor's executive order is inconsistent with various provisions of state law...
LINK - SacBee.com
August 5, 2010
DPA Memo re: 2010 Furlough Program Effective August 2010
Per Executive Order S-12-10, DPA has adopted a Furlough Program effective August 1, 2010 for all State employees, except those in State agencies and departments identified below. Employees will have three furlough days on the 2nd, 3rd, and 4th Fridays of each pay period. The first furlough Friday is August 13, 2010. Salaries will be reduced to reflect the furlough days, but benefits will remain the same...
July 29, 2010
The State Worker: Schwarzenegger’s latest furloughs pick winners and losers
Gov. Arnold Schwarzenegger's Wednesday furlough order did something different: It picked winners and losers.True, his earlier furloughs and this one exempt the Department of Forestry and Fire Protection and the California Highway Patrol. Schwarzenegger considers them key public safety organizations and didn't want to dilute their resources.But his new order exempts six other departments. That's significant because the governor has always said that, to be fair, furloughs should be applied across the board...
LINK - SacBee.com
July 28, 2010
Furlough Alert - July 28, 2010
WEST SACRAMENTO — Along with the other bargaining units in the state, CCPOA was notified a short while ago that Governor Schwarzenegger will render an Executive Order imposing 3 furlough days per month beginning with the August pay period that will impact employees’ September 1 pay check. This Executive Order is in effect until a new budget is in place.
DPA made note of all groups that will be exempt from the furloughs, including special funded agencies and public safety employees. However, CDCR employees were NOT INCLUDED in this exemption as public safety employees. DPA stated the furlough impositions are a direct result of a worsening budget situation and a state that is running out of cash.
We will post the declaration on the CCPOA website as soon as we receive it. Please stay tuned to CCPOA website for updates.
For more information please contact JeVaughn Baker at (916) 372-6060 or jevaughn.baker@ccpoa.org
OFFICIAL EXECUTIVE ORDER: S-12-10 @ www.gov.ca.gov
OFFICIAL PROCLAMATION: #15693 @ www.gov.ca.gov
Note: Proclamation title says "State of Emergency - Kern County Wildfires" but the subject is the budget/furloughs.
July 27, 2010
CONTRACT NEGOTIATIONS BREAKDOWN BETWEEN CCPOA/ ADMINISTRATION
WEST SACRAMENTO - Renewed contract negotiations, which began July 13, 2010, between the California Correctional Peace Officers Association and Governor Schwarzenegger’s administration ended abruptly when the state virtually closed the door on more than $150 million in savings for taxpayers.
CCPOA negotiators were informed by DPA officials that their proposal was “dead on arrival” and the Governor has declined to entertain any further discussions with CCPOA.
Yesterday, the discussion began with what are considered to be the “common ground” issues between the two parties. Next, as a show of good faith and willingness to compromise, CCPOA placed its concessions on the table that included pension reform and ultimately more than $150 million dollars in concessions in the first year. Still, the state walked away from the deal.
“We don’t believe that they were ever interested in negotiating with us from the beginning and the rejection of this deal clearly indicates that.” said Mike Jimenez, State President of the California Correctional Peace Officers Association. “Our proposal included long-term meaningful reform solutions and would have benefited California taxpayers significantly. This is the second time under the Schwarzenegger administration that we offered savings in excess of $150 million only to be rejected.”
The Association says that all that its members asked for in return was non-monetary language offering job protections.
“This was an honest and sincere attempt to do our part in helping the state save money,” said Chuck Alexander, Executive Vice President of CCPOA. “We are dumbfounded as to how the administration could walk away from a deal that saves the state in excess of $150 million.” Alexander went on to say, “These are real dollars. How many school textbooks, teachers, or afterschool programs could this administration fund with those savings.”
CCPOA says that it remains ready to implement real reform with real savings for taxpayers.
For more information please contact JeVaughn Baker at (916) 372-6060 or jevaughn.baker@ccpoa.org.
July 26, 2010
Court adds more time to minimum wage clock
A Sacramento Superior Court hearing today wound up pushing back the date for when attorneys will again debate whether Controller John Chiang must issue minimum wage paychecks to state workers. The upshot: No minimum wage for state workers now at least through September, and quite possibly well beyond that.
Instead, "other issues" will be discussed and "the infeasibility argument will take place some time in the future," said Ryan Endean, spokesman for PECG and CAPS, two of the unions that have supported Chiang's position...
LINK - SacBee.com (The State Worker)
July 16, 2010
RULING ON TRO - Endsley v. Chiang
July 16, 2010
Ruling on Intervention - Endsley v. Chiang
DEBBIE L. ENDSLEY, et al., v. JOHN CHIANG, et al., Case No. 2010-80000591:
The following shall constitute the Court's ruling on the ex parte applications for leave to intervene in this action filed by four state employee organizations, which was heard in Department 19 on Friday, July 16, 2010.
Plaintiffs Debbie L. Endsley, the Director of the California Department of Personnel Administration, and the Department, have filed a petition for writ of mandate or prohibition, and a complaint for declaratory relief, against defendants Office of the State Controller and the Controller, John Chiang...
July 16, 2010
PRESS RELEASE: CCPOA Responds to minimum-wage ruling
WEST SACRAMENTO - Today in Sacramento County Superior Court, Judge Patrick Marlette rejected Gov. Schwarzenegger’s demand for a temporary restraining order seeking to force State Controller John Chiang to immediately pay state employees minimum wage until a state budget is adopted. As a result, state workers – including the 33,000 members of the California Correctional Peace Officers Association (CCPOA) - will continue to receive their regular pay for their hours worked...
July 16, 2010
BREAKING NEWS: Judge denies Schwarzenegger’s minimum wage order
Sacramento County Superior Court Judge Patrick Marlette today denied Gov. Arnold Schwarzenegger's request to immediately compel State Controller John Chiang to pay state employees minimum wage.
The denial means there will be a full hearing on the issues on July 26, but Marlette's ruling is a boost for about 200,000 state workers, who were facing paychecks for $7.25 an hour for the July pay period. Chiang has said he would issue full pay unless the legal process went against him before July 22, the cutoff to send payroll to the check printer...
LINK - SacBee.com
July 14, 2010
CCPOA Case Update Memo to State Board
I have been asked to provide a brief status report regarding the major cases we have pending in various legal venues. This update covers only those issues being handled by CB&M. I will prepare an update for in-house cases and PERB's within the next few days.
Furloughs - As you are aware, we prevailed in Superior Court and are presently awaiting a decision from the Appellate Court. There is no time frame the Court is required to meet relative to issuing a decision...
July 13, 2010
Minimum Wage Case Update
CCPOA's Ex Parte Application for Leave to Intervene in Endsley v. Chiang, Sacramento County Superior Court, No. 34-2010-80000591
In plain English, here are the PDF’s of our request to the court to intervene in the case in which DPA is suing the Controller to enforce the latest pay letter:
- Ex Parte Application By California Correctional Peace Officers’ Association For Leave To Intervene Pursuant To Code Of Civil Procedure Section 387(B); Memorandum Of Points And Authorities In Support Of Ex Parte Application;
- Declaration Of Charles L. Alexander, Jr. In Support Of Ex Parte Application For Leave To Intervene Pursuant To CCP § 387;
- Declaration Of James P. Harrison In Support Of Ex Parte Application For Leave To Intervene Pursuant To Code Of Civil Procedure Section 387(B);
- Declaration Of Richard Warg In Support Of Ex Parte Application For Leave To Intervene Pursuant To Code Of Civil Procedure Section 387(B);
- Declaration Of Jonathan Yank In Support Of Ex Parte Application For Leave To Intervene Pursuant To CCP § 387
- [Proposed] Order Granting CCPOA’s Ex Parte Application For Leave To Intervene; and
- Proof of Service
July 13, 2010
FLSA Collective Action: Newton v. Schwarzenegger
The CCPOA Legal Department represents three Correctional Officers who brought a lawsuit in Federal District Court for the Northern District of California claiming that California’s furloughing of correctional employees, while still requiring them to report to work, violates federal labor law. The Federal Judge has now allowed these three Officers to be class representatives of all BU6 members who want to become members to the lawsuit. The suit is different than a normal class action lawsuit because Correctional Officers who want to take part in it must opt-in and become a “consenter” to the lawsuit by filling out an opt-in/consent form.
On July 8, 2010, a letter was sent to all CCPOA members noticing them of the suit and their right to join and opt-in to the collective action. Included with the letter were the following documents:
(1) Notice of the federal Fair Labor Standards Act (“FLSA”) lawsuit regarding furloughs filed against Governor Arnold Schwarzenegger, the California Department of Corrections and Rehabilitation (“CDCR”), the Department of Mental Health (“DMH”), and the State Controller;
(2) Opt-In Form you must use to become a “Consenter” to the action if you choose to participate in this lawsuit;
(3) Representation Agreement signed by three Correctional Officers who brought a lawsuit;
(4) Consent to Representation Agreement you must use for CCPOA to act on your behalf in this matter, should you chose to do so.
In order to be represented by CCPOA in this matter, you must first fill out and return to CCPOA at 755 Riverpoint Drive, West Sacramento, CA 95605, the attached Opt-In Form and Consent to Representation Agreement no later than September 22, 2010.
The pleadings to the lawsuit are accessible BELOW. Should you have any questions regarding the lawsuit, please contact CCPOA by telephone at (916) 340-5033.
Newton v. Schwarzenegger: Case No. 3:09-cv-05887-VRW
United States District Court – Northern District California
(1) Complaint
(2) Answer by Defendant Administration
(3) Answer by Defendant Controller
(4) Plaintiffs’ Petition for Conditional Certification
(5) Opposition to Conditional Certification by Defendant Administration
(6) Plaintiffs’ Reply to Defendant’s Opposition to Conditional Certification
(7) Court Order granting Plaintiffs’ Petition for Conditional Certification
