Whats really going on in our Watch Office

Third time the OP726 (unauthorized copy) has ended up in the black book in the Watch Office on the Watch Sergeants desk. Third time the LRA has taken it out. My question is, when is our administration going to finally do something about this? If an Officer did something remotely like this, they would be reading about it. So why isn't our Administration taking care of this?? Are they running a double standard here? When are they going to step up and discipline the people that keep doing this which in turn causes so much confusion and violations? It seems this keeps happening during the weekends when nobody is around. This kind of action is getting extremely old and the staff are getting tired of it.

CCPOA Press release

WEST SACRAMENTO- The California Correctional Peace Officers Association today announced the hiring of JeVaughn Baker to Press Secretary within their Corporate Communications Division. In this position JeVaughn will be responsible for coordinating media relations activities and serving as spokesman for the association.

“We are vey pleased to have JeVaughn as our Press Secretary” says Chuck Alexander, Executive Vice President of CCPOA. “We believe that he brings a unique perspective and adds a new voice to our association as we move forward with our message of reform.

CCPOA has been amongst the leading stakeholders in taking up the issue of reforming California’s correctional system and has made strides in collaborating with partners that the union had not worked with in the past.

“I am very excited about the opportunity before me”, JeVaughn says, “Our correctional system has been in crisis for some time now and it’s going to take sophisticated efforts to engage all of the interested parties. Nevertheless, I look forward to carrying a message of reform and working with those of like minds as well as those with divergent views on the issues.”

JeVaughn is a graduate of the University of California, Davis and prior to this hiring, served as Vice President of Program Services for Minorities In Law Enforcement and Senior Legislative Affairs Representative for CCPOA.

Mr. Baker will begin his duties in this role July 26, 2010. For more information please contact JeVaughn Baker at (916) 372-6060 or ccpoa.jevaughn@mac.com

http://blogs.sacbee.com/the_state_worker/2010/07/schwarzenegger-fights-union-in.html

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 1000and CCPOA have done the same. All the unions are siding with Chiang. A hearing is set for Friday at 11 a.m.

The administration's brief argues that the unions haven't proven that they have reason to inject themselves into the minimum wage battle and that the court should deny their request. Click here to read the court filing.

(Side note: We asked Judge Patrick Marlette's clerk whether the judge would issue a tentative ruling on Thursday. As of last night, no decision had been made.)

To: State Board of Directors

CCPOA has established a team of members in preparations of potential negotiations, as was discussed at the last State Board of Directors meeting. We will further advise you should we actually begin meetings with DPA to attempt to negotiate an MOU.

All CCPOA Supervisory Members

From: CCPOA Supervisory Vice President,

Kevin Raymond

Subject: Update on Issues Concerning Supervisor Members

Dear Supervisory Member,

If you have not yet received your form to “opt in” and “consent to representation agreement” in the mail regarding the furloughs and FLSA you should shortly. Please take the time to read the cover letter authored by Chuck Alexander, Executive Vice President of CCPOA and the enclosed documents.

If you wish to be represented by CCPOA in this matter you must fill out the two required forms and return them in the postage paid envelope. It is important to note that this is for declaratory relief only. A furlough case hot line has been established at (916) 340-5033 for any questions you may have.

Meanwhile the minimum wage court cases continue with the next round set to go before Judge Marlette in Sacramento. The Controller states that he doesn’t have the ability to do what the Governor is asking of him, at least legally. This situation changes almost daily as the time frame the Controller has to work with approaches quickly. Please check ccpoa.org for updates.

The usual financial institutions (Golden 1, Bank of America etc.) have come forward and stated that they will extend zero or low interest loans to their members with direct deposit as they did in the early nineties when we were paid with IOU’s. There is a question and answer page on the DPA’s website that doesn’t cover much, but does provide a few answers.

As of this date we have received nothing new from the state regarding the implementation of twelve-hour shifts for supervisors.

I would like to briefly touch on the issue of communication. I do strongly believe that an informed membership is a dangerous membership. When I agreed to accept this position I committed to my personal number one goal – communication. Just how well I have done in this area so far can be a subject of debate.

Just so you know I provide the above as background, I’m not trying to break my arm patting myself on the back.

The real point here is communication can be a doubled edged sword. While communication is valuable to the member, and in my mind necessary, it also can lead to unforeseen problems on various fronts. As an example the state noticed us on the above-mentioned twelve-hour shifts for supervisors at SVSP and the YTS conversion. Valuable information the membership should know about. We filed an information request for the policy, post orders etc. Subsequently the state rescinded the notice for twelve-hour shifts. Again valuable information the membership should know about.

I issued a simple 2-paragraph update (April 12, 2010) stating the notice had been rescinded. The state responded to our previously filed information request with a copy of my update. Basically stating we have rescinded the notice and apparently you know that – look at this memo from Kevin Raymond.

That is the down side to communication – information that is intended for the membership will be passed on to management, DPA, or the media. Now this is not always with malicious intent. But the damage can be done regardless. This is why you will never receive an update discussing bargaining tactics etc.

Does you vote count? If you don’t believe it does lets take a look at the hotly contested democratic primary race in Senate District 40 as an example. Much was made, by some, over CCPOA endorsing Juan Vargas over current Assemblywoman Mary Salas. There are five prisons in SD 40, Ironwood, Calipatria, Chuckawalla, Centinela and RJ Donovan. Initially it appeared that Salas had won and declared victory.

But not so fast, with additional ballots that hadn’t been counted at the time the tide turned. The latest count stands, as reported, giving Vargas a lead of 22 votes. Your vote does count; this is the classic example of our members making a difference.

As more information becomes available on these and other issues I will continue to update you.

Kevin Raymond

Urgent Issue at CSATF

Click on the title for full article. It just amazes me how these people think. Nevermind about the conditions of California, nevermind about the many staff that do get held over from their families so they can visit in prison and pass contraband. Nevermind about how short staff we are, they just want their visits.

July 11, 2010

Ladies & Gentlemen:

We are receiving alarming report from SATF.

The inmates were informed just before the evening meal on Friday that visits for the weekend were being cancelled AGAIN – with no reason given and they were being put on lockdown so they would not be able to call their loved ones either.

The inmates began a fast to protest the current treatment they are receiving. Then, they decided on a work stoppage, as they felt the fast would be hidden from Sacramento.

Yesterday, we received these reports:

Just got notice that inmates on A yard, and possibly all yards, are on a hunger strike at SATF. (Corcoran II) I’m trying to get more info and we need to have it verified by at least one more family member, but I wanted to give you all a head’s up.

The strike began on A yard on Friday with dinner. Only those who needed to eat for medical reasons went to chow. The rest of the yard didn’t go. As far as I know this has only begun on A Yard so far. My husband expects the phones to be off. I contacted the people he asked me to–a few in the media and CDCR. He will call if he can but I’ll be surprised if the phones are on. He wanted me to emphasize that this is a non-violent action to protest conditions on the yard. The inmates have made repeated attempts to get the attention of CDCR in Sacramento to discuss problems on the yard with no results.

My man is on F yard. I talked to him tonight. He didn’t mention a hunger strike but he did say that ONCE AGAIN they were on lockdown today for no reason at all. I do know that they were on lockdown all day this past Friday because there was a funeral for one of the CO’s.

Correctional workers union, state in long-running impasse; employees without contract for four years

Mediha Fejzagic DiMartino, Staff Writer

Created: 07/09/2010 03:20:00 PM PDT

As he listened to pension reform talks, David Sanchez' thoughts wandered off to 2005, when a fellow correctional officer Manuel Gonzalez was stabbed to death by an inmate at the California Institution for Men in Chino.

"Manny will never get his pension," Sanchez said. "Benefits should commensurate the danger we face. It's not a desk job."

Lately it appears that few have raised a question of what to do with state's custody staff that has been working without a contract since 2006.

While the rest of the state workers' unions have either reached tentative agreements or are involved in intense negotiations with the governor, California Correctional Peace Officers Association that represents Sanchez has been left out of the loop.

"We're not sure CCPOA is interested in bargaining yet," said Lynelle Jolley, spokeswoman for the Department of Personnel Administration.

But the union would "relish the opportunity to negotiate with reasonable people for a reasonable agreement of some kind," said Chuck Alexander, a vice president of CCPOA.

"We haven't been offered anything," he said. "We work behind prison walls, out of sight and out of mind and that's how we've been treated."

The current deadlock is nothing new. In its 2008 report, Legislative Analyst Office labeled the relationship between the state and CCPOA as "completely dysfunctional."

"This conflict also manifests itself at the bargaining table, and makes it more difficult to implement prison and parole system reforms," the report stated. "Union leaders regularly question administration officials' honesty and competence. Given the significant challenges facing California's prison system, this unproductive relationship hurts the state."

CCPOA members are working under implemented terms from the state after its leadership and the administration reached a bargaining impasse in 2007, said Jason Sisney, a director of state finance at LAO.

"We had to accept the entire package, all 350 pages, even if we don't like just one portion of it," Alexander said. "We asked them questions and they couldn't gives us answers."

The administration imposed its "last, best, and final offer" on CCPOA, which increased management control of the prisons. On LAO's recommendation, the Legislature refused to appropriate funds for the 5 percent raise proposed by the state at the time.

"We found in 2008 that officers' compensation levels were sufficient to allow the prisons to meet personnel needs as of that time," Sisney said.

The union has around 30,000 rank-and-file members - one of every seven state employees. But salaries and related expenses for CCPOA members and their supervisors "total about 40 percent of all such dollars paid from the General Fund," LAO stated.

That's because, unlike majority of other state employees, the personnel costs for correctional staff are funded almost entirely from the General Fund.

LAO estimated that during their last labor contract which spanned from 2001 to 2006, correctional officers received salary increases of about 34 percent, not including merit salary increases and overtime - more than twice as much as the increases for the average state employee over the same period.

On its Web site, the CCPOA advertises that the correctional officer's job has been called "the greatest entry-level job in California" and that officers can earn more than $73,000 a year, "not to mention benefits you just can't find in private industry."

And they earn every penny of it, Sanchez said.

"We deal with people the public is afraid of," he said. "It's a dangerous job. Not having a contract makes things uneasy, it bothers us. I understand that budget situation is difficult and pensions are expensive, but governor doesn't seem in a hurry to talk to us."

On Friday, Gov. Arnold Schwarzenegger thanked the six unions which have reached tentative labor agreements with his administration.

"They were smart enough to recognize that there is a problem and that maybe we are running out of money," Schwarzenegger said. "Pension money, the almost $7 billion that it costs taxpayers in public pensions is crowding out other programs. Why should the private sector, hard-working people out there that are paying into their own pensions should be responsible also to pay for public employees’ pension.”

One of the unions in governor's good graces is California Association of Highway Patrolmen. According to its contract posted on DPA's Web site, starting Oct. 31, new hires will receive pension benefits of 3 percent at age 55, instead of the current 3 percent at age 50.

The benefits will be based on highest consecutive 36-month salary instead of the current single-highest year and employees' pension contribution will go up from 8 percent to 10 percent of pay.

The CHP employees will also be exempted from the new furlough program and receive a pay raise commensurate with the increase in their pension contribution.

These numbers, more generous than what the other five unions have agreed to, look good to CCPOA.

"We'll take the CHP deal in a heartbeat, sight unseen," Alexander said.

But as budget continues to deteriorate, similar offers may not be available down the line.

"There is no money for pay raises," Jolley said. "What we need from the unions as in concessions can change as the circumstances get worse."

Still, CCPOA is willing to hold out for better terms.

"We are not in a bad shape right now," Alexander said. "When economy turns around and maybe we'll get another governor that views our profession a little bit more favorable than we've been viewed in the past. I'm not willing to take a bad deal for the sake of having a deal."

Watch Office Rumors

Just to clarify the rumors going around. OP726 is not updated. The new version is down at DPA. Somehow, someone put this unauthorized copy in the watch office and decided to implement it. This is bull crap! Whom ever decided to do this should have some kind punishment, but I doubt he/she will. Just goes to show you how our matrix system works.....

So in a nutshell, you don't have to go sign up personally at the watch. The Watch Sgt. cannot assign u a job on overtime or holdovers.

Any other issues, contact me.

Stay Safe and Sane

Lori

California Superior Court/DPA

As we all know the California Superior Court ruled that the DPA has the
right to instruct the Controller to reduce California Employees’ salaries to federal minimum wage. After reading the ruling I decided to share a few points from the aforementioned ruling, a few points of interest from White v. Davis, (California Supreme Court 2003) and a letter written to Schwarzenegger from the Controller in 2008.
So we know the DPA can tell the Controller what to do, but as outlined on pages 22-23 of Friday’s ruling, the Controller’s noncompliance with the court order could be excusable if unfeasibility can be proven. The order reads in part:
"Although the judgment contains no declaration on the issue, the Controller challenges the trial court’s rejection of his claim that it would be technologically impossible/unfeasible to do what the DPA asked. We question the Controller’s claim that the trial court should not have ruled on this defense without a full evidentiary hearing, as he requested. The Controller did not ask to call witnesses or submit any further evidence in the trial court. In any event, even assuming for the sake of argument that he submitted sufficient evidence of unfeasibility, reversal of the judgment would not be warranted, because nothing in the judgment reflects any prejudice from an erroneous evidentiary ruling on feasibility. While unfeasibility would arguably excuse the Controller from the declaratory judgment to comply with White v. Davis, we have explained that aspect of the judgment was superfluous. We decline to consider the feasibility issue, because it involves variables that may or may not recur in the future, depending on the content of any future pay letter by DPA, and the state of the evidence in any future litigation. We will not speculate as to the future capabilities of the payroll system that will be in place at the time of future budget impasses."

Now what… Likelihood that Chiang fails to submit an appeal to the State Supreme Court and completely reverses his intentions on implementing White v. Davis FLSA requirements is very slim at best.

First let me say the rumor that the State has to pay full base salary if you work any overtime at all in a pay period is absolutely TRUE. Supported by White v. Davis, Supreme Court, (which supersedes Superior Court). In part the ruling stated:

"Accordingly, we conclude that, under Biggs, the state is required to comply with the FLSA during a budget impasse, but that the state satisfies the requirements of the FLSA by paying nonexempt state employees (who do not work overtime) at the minimum wage rate for the straight-time hours (that is, non-overtime hours) worked by those employees during the pay period. For nonexempt employees who do not work overtime, the FLSA does not require the prompt payment of full salary.

By contrast, under the applicable federal regulation (29 C.F.R. § 778.315 (2002)), whenever a nonexempt employee works overtime, the FLSA requires the employer to pay the employee his or her full regular salary for the employee's straight time as well as at least one and one-half times the employee's regular salary for overtime hours worked. (See Fidelity Federal Sav. & Loan Assn. v. de la Cuesta (1982) 458 U.S. 141, 153 [73 L. Ed. 2d 664, 102 S. Ct. 3014]"


This is even reaffirmed in the recent ruling of the Superior Court on page 6 and 7 for those who have not downloaded it yet:


"the State is obligated during a budget impasse to comply with the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 et seq.), which generally applies to state employees (29 U.S.C. § 203(d), (e)(2)(C), (x)), and requires the State timely to pay the federally-mandated minimum wage rate to nonexempt employees who do not work overtime and timely to pay full salary plus overtime to nonexempt employees who do work overtime. (White v. Davis, supra, 30 Cal.4th at pp. 574-579.)"
The reason……
"Full payment is required for overtime workers (29 C.F.R. § 778.315) because otherwise an employer could effectively eliminate the premium paid for overtime by reducing straight time wages. (White v. Davis, supra, 30 Cal.4th at pp. 577-578.)"

Here’s the kicker, the unions that broke down and got on the Governor’s leg think they are immune from minimum wage…….. Read a paragraph from a letter from Chiang to Schwarzenegger in July of 2008 when Schwarzenegger tried to reduce everyone’s wage EXCEPT for CAHP and CDF….


"...it appears as though your Order, while purporting to require compliance with the White decision, is actually inapposite of your reading of that decision. On one hand, you incorrectly indicate that there exists no authority to pay employees not working overtime more than the minimum wage and then, on the other hand, purport to authorize full pay to certain classes of employees. If your reading of the case is correct, then my office cannot make exceptions for those public employees who are engaged in "services and functions of state government deemed critical and exempt." In other words, your reading of the court conclusion in White would mean I do not have authority to pay full wages to any FLSA-covered employee, including the firefighters on the front line in Butte County, the peace officers who patrol our streets and any other employee dedicated to "preserve and protect human life and safety." Your assertion that I do not have the authority to pay some FLSA workers their full pay, but do for others, is not supported by the Supreme Court ruling in White. I either have the authority to only pay minimum wage, or I do not."
(John Chiang, 2008)


The Legislation CANNOT address appropriation bills for the upcoming year during an impasse, its not allowed.. Their contract cannot be ratified during an impasse. So everyone is going to get hit, its all or nothing (except those whom work overtime)..

You know the State is going to make mistakes during this process…And if they do we are entitled to treble charges… Basically every dollar they mistakenly shorten your check you are entitled to that exact dollar amount in back pay…. PLUS an equal amount in liquid damages….. aka …DOUBLE YOUR MONIES OWED…..

Bottom Line…

DPA can tell the Controller to pay us minimum wage…
The Controller can be excused from not following the order if he can prove unfeasibility.
If he must, then all employees (even the CHP) are subject to the order (per the courts)
Work a little OT during the pay period and the state must pay your full wages.. Period!
If they make mistakes, and we know they will, we will be entitled to treble charges.

This rough draft was put together, by Sergeant Spinney, for those that don’t know his spouse works for a very high profile law firm in Los Angeles. He obtained the legal briefs utilizing a Law program. While we aren’t lawyers, this seems to be common sense, findings.
I HOPE OUR CCPOA LAWYERS AGREE AND PURSUIT OUR FINDINGS!

Sgt. D Lopez

HOMEWORK FOR ALL STATE EMPLOYEES

Your homework is to email your local representatives the following message that you can personalize for yourself. First, Click Here and type in your zip code to find out who your local representatives are. It should bring up a list of your representatives. Click on each one of them and find their link to contact them. Type in the required info and copy and paste part 1 of the message below. Do it over again with part 2 of the message. They have a limit on the amount of charaters allowed. Let our voice be heard and a special thanks to B-Polished for writing this example for everyone to use.

Part 1,
I am a state worker who lives in your district. As a constituent, there are questions that I have regarding how I am being represented in Sacramento. I am one of the 230,000+ state workers that are being abused by the governor’s office and the legislature by the use of illegal furloughs and the threat of being forced to have our wages cut to the federal minimum wage. It seems that the state workers are being taken advantage of just because we work for the State of California. We did not create the problems in California. We too are the victims. Over the last few years, there has been a personal attack on all state workers simply because we are an easy target and the personal vendetta the governor’s office has with some of the unions that represent us.

Allow me to clarify and reassure you that I am a real person. I am not a pawn piece sitting on a chess board to be moved around or sacrificed, nor am I a percentage point or statistic that is read in a poll with a two or three percent margin of accuracy. I am a law abiding, taxpaying citizen of California who actively participates in the use of my voice through voting.

I am one of many state workers who have had a personal loss of home foreclosure, car repossession, degradation of credit standing, and/or the filing of bankruptcy. With the illegal practice of furloughs that was implemented by the governor, my wages were tampered with and reduced without any say so or vote on my behalf. I am aware of the financial difficulties that all state residents are going through.

Part 2,
I am one of them. But, just because I am employed by the state does not mean I can be used as a political ploy and my livelihood adjusted to a wage that is unsustainable without any government assistance. Furthermore, it has been the governor and state offices who has broken contractual and federal labor laws by breaking the contracts of labor unions which you as part of the legislature signed and agreed too, which in my eyes makes you just as guilty as them by not standing up for what is right and just.

At this time I am confused. You were voted into office because we believed that you would do the job necessary by representing us in every possible way. How can you find it ok to go on break when your job has not been completed by negotiating a state budget? If I left my job site without completing my assignments I would be reprimanded, if not fired. I would not be voted out of my position, but chastised or terminated for lack of productivity. I believe all representatives should be held to the same standard.

Rest assured that if I take the personal time to sit and write you regarding this issue, that it is also important enough to me to remember what your stance is and what actions you take (or not) when it comes time for me to vote in any election that may include your name on the ballot. Please be aware that though you have only heard my voice, I am not alone. Thank you for your time.

WHITE V. DAVIS DECISION

In the White v. Davis Supreme Court decision, the court stated:

"Under the applicable federal regulation (29 C.F.R. § 778.315 (2002)), whenever a nonexempt employee works overtime, the FLSA requires the employer to pay the employee his or her full regular salary for the employee's straight time as well as at least one and one-half times the employee's regular salary for overtime hours worked." White v. Davis (2003) 30 Cal.4th 528, 578.

The obvious question arises, “If an officer takes a holiday or calls in sick, and then works OT, does the “flattened” OT hours count as OT for this purpose?”

Very good question. My humble opinion is … probably. However, if it were me, I would made sure I worked more OT hours than the hours of leave credit I used in a month.

Hopefully the State Supreme Court will take the case and none of this will matter this year.

Standing Behind Ian

As posted~Ian Pickett has been banned off of the CCPOA Facebook page. WTF. So I take it, nobody can have an opion on anything?? These are hard times we are going through. You talk to anybody at any institution and you will hear the same thing. What is CCPOA doing for us? I had it arranged for some of the EC to come up here in June. Nobody showed. Not even a phone call saying, "we aint comming". Nothing. With everything in the courts and litigation, I know for a fact these guys are not running around working their asses off down there in HQ's. I told MJ months ago, you need to hit the institutions and talk with your members. They still haven't done this. Yeah, there has been a couple town hall meetings, but it is hard for working cops to get time off to attend these. These times are hard on families. They can't even afford to take their families on a vacation.

I remember when I first started, our union did walk the yard and talk with their members. People are pissed and have a right to be. How are the local chapters supposed to support this while this is going on? We can't. People are still pissed about the last convention on how cheap CCPOA was. They are saving their money for the "war chest" they said, but then folks see all these other things going on during the year. Not good guys.

The guys down in HQ's need to go to all the institutions and talk to their people. Have some kind of plan. Something. What are we doing? Sitting here waiting to get screwed more. People are loosing homes, loosing their families, loosing everything. This whole business puts so much stress on everybody, it puts a knot in your stomach. And then when you have somebody speak their mind, they get banned?

At CCC, CCSO atleast comes up twice a month to talk to their members. I think we are down to maybe four supervisors left for CCPOA. They are loosing members. Wake up guys. Do something. ANYTHING

The CCPOA Facebook site put out a post saying it will not allow blogs on it's site anymore. It will only put out information. You would think this would b a perfect tool for them to get the REAL DEAL from their members. But it seems nobody down in HQ's want to listen. That is the problem. They need to listen to the folks they are representing. WE can't even get them to come out to the institutions. Now we can't get them to listen to anybody on facebook?

Several of us (BOD) will stand behind Ian. If the EC decides to go after him, then they can come after the rest of us. For speaking our mind. Speaking the truth. For standing there for our brothers and sisters that we swore to stand for and protect.

Lori Olah

CCC Chapter President

IAN Banned from CCPOA FB page?? Your kidding right? Not

CCPOA facebook has banned me

Share

Today at 6:01pm

On the CCPOA facebook site Perry Speth Posted a memo from Chuck Alexander talking about Chiang going against Arnolds orders. He was referring to Chiangs memo yesterday and made no mention of the appellate courts decision to back Arnold today. The thing that made me maddest about it was that Perry prefaced it with "before you go jumping to conclusions, read Chucks memo".

To me that was just a pompous way to speak to members who at this point are wondering how they are going to pay for their lives. Something Perry has not had to worry about in some time.

The following is my comment on facebook about this and was subsequently deleted by Perry just before he banned me from CCPOA's (an organization payed for by you and me) site. He also sent me a bogus email just prior to deleting my subsequent comments and banning me. It is below this comment.

-----Perry, you have a lot of nerve telling people to not "jump to conclusions" when the Memo that Chuck wrote is basically outdated considering the appellate court agreed with the Governor today.

You also have a lot of nerve telling people to not "jump to conclusions" when they have to pay for their own gas, their own homes, their own food, their own cars and the majority do not even have a credit card and especially one that our "partners" pay for.

When was the last time you took a day off and had to use your own time? A Vacation? Anything? When was the last time any of us golfed at pebble beach? Stayed in nice hotels? Ate at nice restaurants?

When was the last time you stepped into a prison and worked a line like the people that you are supposed to be representing do?

For someone that lives, breaths and functions off of dues that come from our very paychecks now being attacked I would simply ask that you start out your posts with a little more tact and understand that you are employed by us, not the other way around!

Tell you what, none of us will jump to conclusions we will just be rest assured that if we lose everything we will come live in the condo you stay in and that we pay for.

Ian Pickett

chapter 13 these nutts.------

Here is is email to me......

-----Ian brother. Sorry but I'm not going to allow any comments attacking anyone. The site is to give info, You can make your criticisms on the blogs but not on the CCPOA site. ....----


Well Perry, thanks for the permission to post this on other blogs that arent CCPOA's.......right? Get your Gold Card up to date buddy, your time is short.

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.

Unfortunately for those six units, the "law" this Governor is so intent on following - DOES NOT ALLOW FOR EXEMPTIONS TO MINIMUM WAGE for units that have "tentative" deals. Also, please share with your members, the attached Controller's response to DPA's "urging".
In the interim, we need to urge our members to write their respective management regarding the hardship(s) that such order is and or will have on their ability to report for work. How can we report to work if we can't afford to buy gas for the car we can't make the payment on? Where is our Secretary on this issue? We have not seen or heard from anyone in CDCR management decrying this treatment of their employees. Why is that?

Also, as this was written, the Appellate Court just issued a ruling on the minimum wage case Gilb v. Chiang. You can read the ruling athttp://www.courtinfo.ca.gov/opinions/documents/C061947.PDF or you can locate the link on our website. The decision is 45 pages long and on first blush appears to affirm that minimum wage can be ordered absent a budget. However, it also appears, at first blush, to prohibit not doing so to select groups of employees while doing so to others regardless of a "tentative" deal.
We will post more information as it develops.

To: CCPOA Board of Directors June 28, 2010
All CCPOA Supervisory Members

From: CCPOA Supervisory Vice President,
Kevin Raymond

Subject: Update on Issues Concerning Supervisor Members

Dear Supervisory Member,

12-Hour Shifts:

The 12-hour shift issue is alive and well, although we have received no further information from the state as of this date. The bottom line is this has been sold and promised to the Governor’s office as real salary savings. I realize this is a hot button issue and will send out any information we receive as we receive it.

Minimum Wage:

As you all know the Governor has come forth with a statement regarding minimum wage once again. Just for clarification before I begin there is a fine line between fact and opinion.

The fact is he has promised to impose the minimum wage standard if there is no budget in place. The Los Angeles Times has reported that the State Controller will defy any such order. The State Controller has stated he is in the same position he has always been in – with no ability to actually make it happen. One reason is that federal law dictates that those individuals that work overtime in the pay period must be paid their full salaries. Not doing so would open the state up to triple damages. Actually there is a well thought out letter to the editor in today’s Sacramento Bee from the controller regarding this issue. The link can be obtained at ccpoa.org.

On the opinion side most believe this is a tactic to drive the membership of the various unions to insist that their representatives go to the bargaining table and accept what they can get to mitigate the imposition of the minimum wage standard. In addition there would be added pressure on the legislature to accept the Governors proposed budget.

The employee concerns are obvious, the mortgage companies, banks, grocery stores and gas stations just to name a few don’t accept IOU’s. Considering some of our members drive one, two hours or more to work, with gas prices between $3.00 and $3.50 a gallon, minimum wage won’t cover even the price of gas. Management should be rightfully concerned about what will happen within the institutions if employees are unable to afford to even come to work. The federal court should be concerned about the potential lack of on duty staff to ensure the “constitutional level” of health care is delivered.

Either way, whether a real threat or just a tactic, minimum wage is one dangerous game of chicken for everyone involved. Of course the Governor has reserved the right to extend the furloughs also.

Officer McGowan:

A brief synopsis on the Officer McGowan case out of CIM is available on ccpoa.org for those of you that have not yet heard of it. If you are unaware of the circumstances I encourage you to read it. This case is indicative of the need for unity among all Correctional Peace Officers, rank & file as well as supervisors. CCPOA will continue to fight on behalf of Officer McGowan.

Many of our members (and non members) continue to believe “it will never happen to me.” I sincerely hope they are right. But I am willing to bet Officer McGowan didn’t believe it would happen to him either. After all how could you go to work everyday with the fear in the back of your mind that one day carrying out your duties may lead to federal prison time? Unfortunately other individuals have gone through this before and there probably will be more to come.

I would like to thank the CCPOA family that have supported, and continue to support Officer McGowan and his family during these difficult times, especially the members of the CIM Chapter. There but by the grace of God go I.

CCPOA Board Meeting:

On June 26, 2010 the CCPOA Board of Directors held a meeting in Sacramento to discuss MOU negotiations. Every board member was given the opportunity to express the over all feelings of his/her members regarding possible MOU negotiations. The prevailing attitude appeared to be – explore the possibility of a deal. Followed closely by the Governor is gone in a matter of a few months – so no deal, hold the line.

Both sides of the argument have merit. My favorite analogy came from a long time CCPOA activist from Wasco State Prison who likened the process to rat poison. As he so eloquently stated rat poison has just enough good stuff in it to get the rat to eat it voluntarily – then the bad stuff in it kills him.

Other Bargaining Units:

As of today six of the bargaining units have reached tentative agreements giving concessions to the Governor. It remains to be seen if these agreements will actually make it through the legislature for ratification.

In the Line of Duty:

The California Highway Patrol has had five Officers killed in the line of duty in the last two months. Please keep their families in your hearts.

As more information becomes available on these and other issues I will continue to update you.


Kevin Raymond

Administration reaches accord with two more state-worker unions

By Capitol Weekly Staff | 06/28/10 12:00 PM PST

The state has reached agreements with two public employee unions covering 14,000 workers, the Union of American Physicians and Dentists and the International Union of Operating Engineers, that include boosting the number of years that employees must work in order to qualify for retiree for full pensions and retiree health benefits, and doubling the workers’ contribution to their pensions from the current 5 percent to 10 percent.

The agreements require legislative approval.

The Schwarzenegger administration also said that active negotiations are beginning today with the 95,000-member SEIU Local 1000, the largest state-employee bargaining unit.

With the pacts announced Monday, the administration has reached tentative agreements with six of the 21 state bargaining units. One union, the California Correctional Peace Officers Association is not in active negotiations with the state.

Under the two latest agreements, workers would be required to work an additional five years before qualifying for retiree health care. That provision, if applied to all the bargaining units, would result in a $20 billion savings to the state over 30 years, according to the state.

For both unions, the full pension benefit level for most state employees of 2 percent per month of highest salary will require five additional years of service, and will be reached at 60 years of age, not 55, as it is currently. For public safety employees, it will be 2 percent at 55. Currently, it is 2.5 percent at 55.

The changes, which apply to new hires, means new employees would be required to work 25 years instead of the current 20 to be eligible for full retiree health benefits.

The agreements, like the earlier pacts, call for workers to take an unpaid leave day per month – the equivalent of a 5 percent pay cut. In a departure from earlier agreements, the latest accords include an exemption for workers from a pay cut to the federal minimum wage in the event that the state does not approve a budget.

The earlier contracts of the IUOE and the UAPD contained a requirement that pension levels be calculated according to the highest three years of wages, a provision that has been sought by the administration as part of its budget-related, pension-system changes.

ROLLING BACK PENSION COSTS: HOW FAR WILL IT GO?

Written by Ed Mendel, Calpensions.com

June 28, 2010

More stories are at calpensions.com The Highway Patrol union that negotiated the most generous pension formula a decade ago, a trendsetter for police and firefighters statewide, has tentatively agreed to reduce pensions for new hires. The "three at 50" formula, providing 3 percent of final pay for each year served at age 50, became the best-known part of a sweeping state worker pension increase, SB 400 in 1999, often cited by critics who say public pension costs are "unsustainable." Gov. Arnold Schwarzenegger, applauding the Highway Patrol agreement last week, said once again in a news release that rolling back the benefit increase in SB 400 is one of the demands that must be met before he signs a new state budget. "I am absolutely committed to getting pension reform done because we cannot continue down this unsustainable path that has taxpayers on the hook for $500 billion in debt," the governor said. New Highway Patrol hires would get a "three at 55" pension formula, if the bargaining agreement is approved by Highway Patrol members and then enacted by legislation. That's a significant cut. But it's still more generous than the pre-SB 400 Highway Patrol formula, "two at 50," which provided 2.7 percent of final pay for each year served at age 55. At a CalPERS forum in January, the chief executive of the California Association of Highway Patrolmen, Jon Hamm, said he might negotiate lower pension benefits for new hires. Pensions promised current workers are regarded as contracts that can't be cut. "I have come to the conclusion it's a very strong likelihood I would be looking out for future employees by negotiating a second-tier retirement system," Hamm said. "The last thing we want to do is leave it to the initiative process." An attempt to put an initiative on the November ballot to reduce state and local public pension benefits and extend retirement ages failed for lack of funding. But the backers are talking about trying again if pension costs are not cut. This time, however, the initiative might be a proposal to switch new hires from pensions to the 401(k)-style individual investment plans common in the private sector, a change that a poll last fall showed had strong support among voters. A severe economic recession has sharply reduced tax revenue, forcing deep cuts in state and local government programs. Public pensions are the exception, moving into the spotlight by imposing or projecting big cost increases to replace investment losses. A study of state pensions issued in February by the Pew Center on the States, grimly reporting a $1 trillion funding gap, said the good news is that a growing number of states are changing benefits and taking other "reform" action. But in California, Schwarzenegger faces Democratic legislative leaders, traditional allies of labor, who say any cut in pension benefits must be done through labor negotiations, not imposed by legislation. The tentative agreements announced last week, some including pay cuts, with four unions representing 23,000 patrolmen, firefighters, psychiatric technicians and others are projected to save the state $72 million in the new fiscal year beginning July 1. That's about 12 percent of the state workforce. If similar agreements were reached with eight other unions, said the governor's news release, state savings next year would total $2.2 billion. In addition to lower pensions for new hires, the four unions agreed to boost the pension contributions from current workers to 10 percent of pay, up from 5 to 8 percent contributed now depending on the union. The powerful California Public Employees Retirement System board last week ordered an 18 percent increase in the employer contribution from the state in the fiscal year beginning next month. The new state rates range from 20 to 33 percent of pay. The tentative agreements have an "anti-spiking" provision aimed at manipulations to boost pensions. Pay used to calculate pensions would be broadened from the final year to the last three years, a safeguard already in a number of state contracts. Meanwhile, some local governments also are cutting pension costs this year. Action in at least 62 local government agencies ranges from considering proposals to completed contract amendments, the CalPERS board was told last week. "There is no cookie-cutter approach," said Pat Macht, the CalPERS public affairs director. She mentioned lower benefits for new hires, higher worker contributions, anti-spiking, extended retirement ages, and "golden handshakes" to encourage retirement. The CalPERS report and tracking done for Dave Low, chairman of a public employee union coalition on retirement issues, show that some local governments are not following the Highway Patrol this time. Rolling back police and firefighter pensions all the way to the pre-SB 400 formula, "2 at 50," reportedly has been discussed by city managers in the San Francisco east bay and executives in a half dozen Sacramento area counties. A decade ago, the Highway Patrol was a clear leader with the "three at 50" formula. Local governments are under pressure in labor talks to meet or exceed benefits offered by other agencies, a competition some say "ratchets up" pensions. Data from the giant California Public Employees Retirement System, handling pensions for 1,568 local governments, shows that none of its plans were as generous as "three at 50" before SB 400, said an Assembly Republican report earlier this year. Now 64.7 percent of local public safety plans in CalPERS have the Highway Patrol's trendsetting "three at 50" formula, said the report, but about a third still have lower benefits. Although SB 400 helped boost local public safety pensions, the report suggests that some of the motivation for the landmark legislation was that state worker pensions in the largest job classification, "miscellaneous," trailed local government pensions. "More plans that offer SB 400-level benefit formulas were adopted before the implementation of SB 400 (913 plans) than were adopted after (640 plans)," said the Assembly Republican report. Now 99 percent of local plans have miscellaneous formulas equal or better than SB 400, up from 58 percent before the legislation. Benefits for miscellaneous state workers were increased by SB 400 from "two at 60" to "two at 55." The "two at 60," still a little-used option, was a reduction enacted under former Gov. Pete Wilson in 1991. SB 400 also took the unusual step of authorizing a retroactive increase in pension payments to retirees, ranging from 1 percent to persons who retired in 1997 to 6 percent to persons who retired in 1974 or earlier. CalPERS told legislators that the benefit increases in SB 400 would be mainly paid for by investment earnings, resulting in little change in state costs for a decade. But the state payment to CalPERS, $150 million in 2000, is $3.9 billion in the new fiscal year. Much of the dramatic increase is because CalPERS, with a surplus from a booming economy, gave the state a contribution "holiday" in 2000, dropping the state payment from $1.2 billion several years earlier. As local government officials in some areas talk about area-wide agreements that could help "ratchet down" pension costs, would a reduction in Highway Patrol pensions cause the state prison guard union to do the same? Probably not, but there is some irony. The California Correctional Peace Officers Association has made perhaps the biggest gains among state worker unions of recent decades, often by negotiating pay and other benefits linked to the Highway Patrol. But after personal attacks on Gov. Arnold Schwarzenegger, with portable billboards towed around the Capitol and other tactics, the union has worked with an expired contract since 2006 and may be waiting for a new governor next year. Reporter Ed Mendel covered the Capitol in Sacramento for nearly three decades, most recently for the San Diego Union-Tribune. More stories are at http://calpensions.com

FRESNO, Calif. (KFSN) -- By law, people who work outside in the heat must be provided with shade, water and heat illness training. But critics have said the existing rules are too vague.

Within the next few weeks, California's Occupational Safety and Health Standards Board ... or Cal-OSHA ... is expected to adopt some revisions to current guidelines ... making them more specific.

For example:

If temperatures reach above 85-degrees, shade must be easily accessible and provided for at least 25-percent of employees.

When temperatures soar above 90, water needs to be plentiful and iced.

If it's more than 95 outside, employees must be monitored more closely for heat related illnesses.

Jim Lopes who works with Cal-OSHA ... says it's crucial for supervisors to educate themselves on these proposed changes.

"We found out in 2006 that if supervisors were trained, less cases resulted in fatality," said Lopes.

If approved, the new provisions will have a big impact on the Central Valley's farming community. With more than 200,000 workers, state officials have already spent the past few months holding training seminars to prepare them for the new changes.

Bill Chandler has nearly 500 acres of fruit crops in Fowler. After participating in a training seminar, he added additional safety measures to his farm ... including arrow signs that ... if needed ... can help guide an ambulance to his property.

"So, we put these on these on the edge of the road. This is the address. Get to this address," said Chandler.

But in order for these new safety measures to work ... Manual Cunha of the Nisei Farmers League says everyone needs to participate.

"We need to let those workers and protect their safety. But also remember this is a two-way street, workers need to be responsible for their behavior as well," said Cunha.

CCC Update 7/1/10

A couple things to touch on, first, with the following holiday approaching on Sunday, there seemed to be some confusion coming out of the assignment office. First cops were told they had Monday off, then were told not. Sacramento was contacted and the final outcome, CCC does not want to have to deal with who had the budgeted holiday positions and who doesn't. It seems that the assignment office has shuffled PY's around with these medical jobs so much they don't know which is which. But the CDW did make a good call and said that everybody with weekend and holiday's off will have Monday off. The best solution.

Also we are filing a safety grievance on how CCC is running normal program during weekend and holiday's. CCC management failed to look closely at this. There is no ISU. There are no Counselors, Voc, ect. We are short staff on third watch. Third watch shows up at 14oo hours and there is full program going until recall. CCC management needs to recall their yards prior to third watch arriving on their shifts. Prime example, last Saturday when there was a code 3 on Lassen Yard at 1405 hours. Staff safety should be their priority. No excuses. We cannot run these programs with less staff. We do not need to loose a life because of the stupidity of this state.