July 2010 News
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...
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 23, 2010
Murder Suspect Arrested after Wild Pursuit Crash
A murder suspect is behind bars after leading police on a pursuit that came to a crashing conclusion in South Pasadena early Friday.
The Los Angeles Police Department initiated the pursuit around 12:20 a.m. because the vehicle was wanted in connection with a homicide.
It came to a dramatic end at Orange Grove Avenue and Oliver Street, with the suspect vehicle jumping the curb and crashing into some shrubs...
LINK - KTLA.com
July 22, 2010
Parolee nabbed asking officers for directions
A 47-year-old Hayfork man was arrested early Wednesday morning when he waived down a cop and asked for directions.
Michael Kiss was reportedly driving on a suspended license and carrying handgun ammunition in the passenger seat of his vehicle when he contacted police around 1:30 a.m. Wednesday, Red Bluff Police Officer Gene Randall said in a press release.
Kiss has a prior felony conviction for soliciting murder, Randall said. Because he was a felon, both his handgun ammunition and the large caliber handgun Kiss was reportedly carrying in his trunk were illegal for him to possess...
LINK - RedBluffDailyNews.com
July 22, 2010
Most Wanted Parolee Arrested In Georgia Murder
One of California's most wanted parolees has been arrested on suspicion of killing another man in 2007 in Georgia.
Mark Rudolph Reed, 42, was arrested July 10 in the killing of Marlon Greene in DeDalb County.
The day before his arrest, LAPD Detective Venus Mason was contacted by some people who frequent a Starbucks at 3722 Crenshaw Blvd., and they gave her information on how to find Reed, police said...
LINK - CBS2.com
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 15, 2010
LAPD Chief blasts non-revocable parole program
The Los Angeles Police Department has asked the state Department of Corrections and Rehabilitation to investigate how a parolee who fired nearly a dozen gunshots at two LAPD officers over the weekend in the San Fernando Valley was able to gain early release and why he was classified as a low-level offender.
In the letter to Corrections Secretary Matthew Cate, LAPD Chief Charlie Beck expressed concern that Javier Joseph Rueda, 28, of Panorama City was placed on "non-revocable parole" in May after serving just two years of a 10-year prison sentence.
"If you determine that there were issues regarding Mr. Rueda's status, we would appreciate your feedback on how we can work with you to ensure that incidents of a similar nature do not occur," Beck wrote.
Paul M. Weber, head of the union that represents nearly 10,000 LAPD officers, was far more critical, calling parole policies -- including the state's early-release program and computerized parole classification system -- a threat to officers...
LINK - LATimes.com
July 15, 2010
High Speed Chase for Parolee Ends in Indio
A parolee at large led police on a brief chase through Indio Wednesday, before being taken into custody.
The Coachella Valley Gang Task Force was trying to arrest Andrew Archuleta, 48, for cutting off his monitoring bracelet when the chase ensued at around 4:21 p.m., according to Herlinda Valenzuela of the Riverside County Sheriff's Department.
When police had tried to stop him, he tried to smash into their car with his, before speeding away, according to Valenzuela...
LINK - KPSPLocal2.com
July 15, 2010
Parolee convicted in stabbing murder of elderly couple
Seven years after Alfredo Montez Valenzuela climbed through a window of an elderly couple's home and brutally stabbed them to death, a jury Wednesday found the Monrovia parolee guilty of first-degree murder.
The attorneys for Alfredo Montez Valenzuela, 38, expressed no surprise at the verdict: Court testimony showed Valenzuela had confessed to police he killed Charles "Clark" Shaum and his wife Bernice Shaum.
Jurors began deliberating Tuesday.
"This verdict was not surprising to us at all," said attorney Michael Adelson, who acknowledged during the trial that his client had indeed committed the crimes...
LINK - PasadenaStarNews.com
July 15, 2010
More problems with GPS, sex offender parolees
A glitch in the Department of Corrections and Rehabilitation's monitoring system falsely notified officials that sex offenders were entering the California State Fair.
Many sex offenders are not allowed in the fair; the department set up a red violation zone that around Cal Expo that will alert them whenever one on parole wearing a GPS-monitoring device enters the fairgrounds.
The monitoring system worked perfectly Tuesday when KCRA 3 put it to the test.
Then, on the fair's opening day, parole agents received alerts that more than one sex offender was inside...
LINK - KCRA.com
July 15, 2010
Attended a Union Meeting for the First Time in 15 Years - by Ben J.
Mr. Mike Jimenez,
My name is Ben J. and I am a Correctional Officer at Folsom State Prison. I have been with CDCR for 20 years. I am writing to express my appreciation, opinions, and maybe a few analogies from my work experience.
I was able to attend the last union meeting on June 26th in Sacramento and stayed for the duration of the meeting. I would like to personally thank you and all of your staff for your time, sacrifices, dedication, and the passion that you have towards your important positions...
July 14, 2010
Schwarzenegger fights union involvement in minimum wage case
Attorneys for the Schwarzenegger administration on Tuesday filed a brief in Sacramento Superior Court that argues state employee unions shouldn't be allowed to enter the minimum wage fight between the governor and State Controller John Chiang.
As reported here, California Association of Professional Scientists and Professional Engineers in California Government on Monday filed a motion to be a party in the minimum wage litigation flying back and forth the last week or so. SEIU Local 1000 and CCPOA have done the same. All the unions are siding with Chiang. A hearing is set for Friday at 11 a.m...
LINK - SacBee.com
July 14, 2010
Minimum Wage Case in Court on Friday
This Friday, the Sacramento Superior Court will hear a request by DPA to compel the State Controller to pay minimum wage to state employees. CCPOA has petitioned to intervene, as well have several other groups. The Controller has filed extensive documentation in defense of his position to NOT pay minimum wage...
Here are the documents referred to in the CCPOA memo from State Controller John Chiang's website:
Alternative Solutions Assessment Report - 7/10/2010
Independent Feasibility Assessment Report - 7/10/2010
Controller's Opposition Brief - 7/13/2010
Other Supporting Documents - 7/13/2010
For all the recent news on minimum wage, the California State Budget and other related information, CLICK HERE.
Please read the FULL memo from Chuck Alexander below...
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 14, 2010
Nevada prison chief seeks furlough exemption
CARSON CITY – The director of the state Department of Corrections is taking steps to hire more officers in the aftermath of a decision by the state Prison Board on Tuesday to delay closure of the aging Nevada State Prison in Carson City.
Director Howard Skolnik said he will ask the state Board of Examiners next month to exempt correctional officers at prisons from an unpaid one-day-a-month furlough.
On Wednesday, he set in motion efforts to hire 50 more officers at the Carson City prison and the prison in Lovelock...
LINK - LasVegasSun.com
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...
July 12, 2010
Rock-throwing parolee cuts off gps
A wanted parolee allegedly tossed a rock at a tipster's car, breaking the vehicle's window as the driver was about to tell deputies about the suspect.
Early Saturday morning, a Rancho Tehama man was helping Tehama County sheriff's deputies search for Alex Max Sanchez, 34.
When the tipster, who wasn't identified by deputies, stopped at an intersection to meet with a deputy at Pebble Beach and Rancho Tehama roads, Sanchez threw a rock at his car, breaking the passenger-side window, deputies said this morning...
LINK - Redding.com
July 12, 2010
12 arrested on suspicion of gang enhancements, resisting officers at party
Soledad police said a dozen men, including two known Norteño gang members, and a juvenile were arrested early Sunday morning at a home of a wanted parolee.
At 2:40 a.m., Lt. Jaime Fernandez said, officers were dispatched to a call reporting the battery of several women at a home on the 1900 block of Palm Avenue.
Fernandez said several men standing outside the residence ran down the driveway after responding officers tried to contact them. During the brief foot chase, one of the men dropped a handgun onto the driveway. The men locked themselves in the homes...
LINK - TheCalifornian.com
July 12, 2010
Parolee arrested for spousal abuse, resisting, etc.
Salinas police arrested a 27-year-old man who they say led them on a foot chase today near the Salinas Sports Complex.
Police arrested Kenny Mendenall on suspicion of spousal assault, unauthorized entry into a dwelling, resisting arresting and parole violation.
Anonymous citizens had reported a physical disturbance between a man and a woman, police said, around 3 p.m. in a vehicle at Laurel Drive and Main Street...
LINK - TheCalifornian.com
July 12, 2010
Hello, Hello, is this thing on?? by Stephanie B.
Hello, Hello, is this thing on?? (said the psychologically and financially battered, bruised, and abused wife to a state correctional officer)
This is a letter to get someone's attention! This is a letter to serve as a last desperate attempt to get someone to listen! This is a letter to expose corruption and favoritism! This is a letter to tell MY story! And, this is a letter to get SOMEONE, ANYONE, and our Governor to LISTEN!
Our Family will be losing our home if Governor Arnold Schwarzenegger continues with his demand to pay the minimum wage for my husband. I have sat back long enough watching the state of California use and abuse the state workers, ESPECIALLY the California State Correctional Officers. Correctional Officers risk their lives every day against criminals, murderers, psychos, and a multitude of other uneducated gangsters and felons only to be looked down upon and not recognized for the courage they display on a daily basis. Not only do they face the danger, they have, for the last several years, been squashed day in and day out by the vice held in the hands of the state government and the state legislature. The politics are squeezing them and their families from every angle, and they can be squeezed no more
July 9, 2010
Update: Gov. vs. Chiang Battle Over Minimum Wage
Chiang takes fight with Schwarzenegger to cable news airwaves
State Controller John Chiang and Gov. Arnold Schwarzenegger have spent the week trading legal filings and pointed barbs in the media. At issue is Schwarzenegger's order to reduce state worker salaries to $7.25 per hour until the state has a budget in place. It is a plan that Chiang says he cannot, and will not, implement.
Friday morning, Chiang appeared on Fox Business to talk about the wage rollbacks and his battle with Schwarzenegger...
LINK - LATimes.com (click the link to continue reading AND view the video)
Chiang on Fox Business: 'I am not defying the governor'
State Controller John Chiang said in a television interview today that he will do "anything a court asks me to do if I physically can" to comply with Gov. Arnold Schwarzenegger's order to reduce pay for roughly 200.000 state workers to minimum wage because of the budget impasse.
"I am not defying the governor... I'm saying we cannot do it physically," he told Fox Business Network host Stuart Varney. Chiang likened using the state's negative payroll system to issue minimum-wage checks to trying to ride a bicycle designed to pedal forward backwards...
LINK - SacBee.com (click the link to continue reading AND view the video)
July 7, 2010
Controller Files Cross-Complaint Charging DPA Pay Letter is Illegal
State Controller John Chiang today filed a cross-complaint in Sacramento Superior Court, alleging the Pay Letter issued by the Department ofPersonnel Administration (DPA) ordering him to reduce state employee pay to the federal minimum wage is unlawful.
In his cross-complaint, the Controller alleges DPA's Pay Letter forces him "to choose between violating the Pay Letter or violating various federal and state laws."
Controller Chiang notes the DPA has not made any serious effort to work with the Controller to reach a resolution ofthe issues or to provide clarification to the Controller regarding his rights, duties and responsibilities" in paying salaries of state employees during a budget impasse...
July 7, 2010
Schwarzenegger sues, demanding Chiang pay minimum wage
The Schwarzenegger administration filed a new legal action today asking the Sacramento Superior Court to force Controller John Chiang to pay state employees minimum wage for this month if no state budget is enacted.
Chiang has said he will not comply with the governor's order to pay minimum wage for the July pay period. Filed by the Department of Personnel Administration and DPA Director Debbie Endsley, the action seeks to force Chiang to comply. It noted that the cut-off date to begin processing the July payroll is July 22.
It says the order is "urgently needed" to stop Chiang from paying full salaries...
LINK - SacBee.com
July 7, 2010
California Banks Pitch `Budget-Impasse Loans’ to State Workers
Banks and credit unions will offer zero-interest loans and other assistance to the 200,000 California government employees who may see their pay reduced to the minimum wage as a result of the state’s budget stalemate.
The Golden 1 Credit Union, a lender that caters to state workers, will offer zero-interest loans to customers whose pay falls because of the stalled spending plan, according to a July 2 statement. About 1,100 legislative aides and gubernatorial appointees whose pay was stopped on July 1 already have access to so-called budget-impasse loans, said Donna A. Bland, the company’s chief financial officer.
“We’re trying to show our support for our state-employee members,” Bland said in a telephone interview. Golden 1, based in Sacramento, the state capital, describes itself as the sixth- largest credit union in the nation with about $7 billion in assets...
LINK - Bloomberg.com
July 2, 2010
Controller Issues Statement On Minimum Wage Ruling
The following statement was issued by the Controller in response to the Third District Court of Appeal’s ruling regarding the Governor’s authority to reduce state employee salaries to the minimum wage absent a budget...
July 2, 2010
Memo from Chuck Alexander re: Minimum Wage
Dear State Board of Directors:
As anticipated, the Administration has "urged" the State Controller to reduce our pay to federal minimum wage. This was done via the attached pay letter to J. Chiang from D. Endsley of the Department of Personnel Administration. Please take the time to read the cover letter, and note that the letter "urges" the Controller to take the steps necessary to implement minimum wage. Also, note that the pay letter "excludes" from the minimum wage those six units that have "tentative" deals with this Administration...
July 2, 2010
Governor and Minimum Wage Issues in the News
UPDATED: 7/2/2010
A defiant Chiang accuses governor of 'political tricks' (7/1/2010)
In a strongly worded rebuke, state Controller John Chiang said Thursday that he would defy Gov. Arnold Schwarzenegger’s order to slash the pay of state workers until "the courts hand down a final resolution."
Chiang, a Democrat, said the pay cuts will "do nothing to solve the budget deficit" because state employees are entitled to their back pay once a budget is in place. “In the absence of the leadership needed to bring the Legislature to an agreement on his budget, the governor again resorts to political tricks," Chiang said in a statement...
LINK - LATimes.com
- CLICK HERE for more articles/links on this subject...
July 2, 2010
First Watch: July 2, 2010
A new CCPOA First Watch video has been posted at CCPOA.TV for July 2, 2010. Please CLICK HERE to view today's video update and for our archive of past video updates.
July 2, 2010
Controller Issues Statement Regarding DPA Letter
Controller Issues Statement Regarding DPA Letter (7/1/2010)
The following statement was issued by the Controller in response to a notice by the Department of Personnel Administration that they were planning on issuing a pay letter ordering the Controller to reduce state employee salaries to the minimum wage, with the exception of the six bargaining units the administration has reached an agreement with...
