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ACSS Lobby Day, March 17, 2010

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ACSS Daily Blog

To view blog postings by category, click the Blog Topic of your choice at left. For questions about this Web site, contact Linda Holderness at (916) 326-4302.

Author: ACSS Communications Created: 11/13/2008 5:13 PM
Keeping members current with the latest news about ACSS and State Employees.

From the State Worker blog: Both bills of interest to ACSS members, AB 790 and SBX8 29, cleared hurdles in the Senate today. AB 790 passed the Senate Public Employees & Retirement Committee and now goes to Senate Appropriations. This bill would ensure state workers are paid full salaries if the budget is not passed by the deadline. SBX8 29 – exempting non-General Fund positions from furlough – passed the Senate and it's on the way to the governor's desk – where he's "very likely to veto" it, a spokesman says.

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The Senate Public Employment and Retirement Committee will hear AB 790 today at 1:30 p.m. This is the continuous appropriation bill that would allow state employees to be paid their full salaries if the budget does not

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On Feb. 5, Alameda County Superior Court Judge Frank Roesch ordered the immediate end to the furloughs and back pay for state workers whose jobs or departments are funded 5 percent or less through the general. See list of affected agencies here.

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The Association of California State Supervisors has filed a Petition for Writ of Mandate in Alameda County Superior Court. The writ names Gov. Schwarzennegger, DPA and John Chiang as respondents. The writ seeks to set aside those portions of the governor’s executive order and Furlough Memo that required state agencies to furlough ACSS members and to pay ACSS members their full salaries and benefits for every hour worked at regularly established rates of pay. The case has been assigned to Judge Roesch. 

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On her final day as Assembly leader, former Speaker Karen Bass promoted 20 staff members and gave them 10 percent salary increases.

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ACSS board member Todd D'Braunstein has been reappointed by Gov. Schwarzenegger to the Board of Vocational Nursing and Psychiatric Technicians, where he has served as a member since 2005. D’Braunstein, a psychiatric technician and pscyh tech instructor, has worked as a unit supervisor at Patton State Hospital and for the California Department of Corrections and Rehabilitation. He also worked at Lanterman Developmental Center. D'Braunstein is a member of ACSS' Political Action Committee and its Legislative Committee.

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President Arlene Espinoza sent a letter today to the Department of Developmental Services opposing the closure of Lanterman Developmental Center in Pomona. The center provides 24-hour care for people with developmental disabilities. DDS announced the closure in January. ACSS is concerned for the employment of the members at Lanterman and also for the well-being of the residents.

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The governor's move to send all seven key furlough cases to the Supreme Court, bypassing the lower courts, has forced SEIU Local 1000 to rethink its strategy for fighting the furloughs. Read the background article here.

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On Thursday, March 4, teachers, students and administrators at schools and college campuses across the state will demonstrate in an attempt to convince the governor and state Legislature to spare education from further budget cuts. This is a nationwide effort. In Sacramento, there will be a rally on the north steps of the Capitol from 11 a.m. to 1 p.m.

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The Sacramento Bee published a Q&A answering questions about the Alameda judge's order to end the furloughs and give state workers back pay.

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State employees are being allowed to retire with more than their limit of accrued vacation time, according to a Sacramento Bee article. The cost to California is estimated at $100 million. Hundreds of employees, the article states, have received more than $100,000 each in unused vacation and other leave time.

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Governor Schwarzenegger's lawyers, as expected, filed an appeal of the order to end the furloughs. The link includes further links to the court documents.

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Sacramento Bee: An Alameda County judge today ordered back pay for tens of thousands of state workers he says were illegally furloughed because they work in departments funded outside the general fund. If the order is upheld, it will cost the state millions of dollars.

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ACSS sent a floor alert ahead of the Assembly session today urging Assembly members to vote "yes" on SBX8 29. If approved, this bill would exempt state workers in jobs funded no more than 5 percent from the state general fund. The bill was introduced by Senate President Pro Tem Darrell Steinberg and easily passed by the Senate. Read the alert here.

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One sign unions are losing ground: The number of union members in the public sector exceeded their private-sector counterparts for the first time last year. Another: Unions usually gain strength during economic slumps. Not this time. Third: The state's unions are losing in the public opinion poll.

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From The State Worker blog: If watching the Olympics has motivated you to get back to the slopes, some Tahoe area ski resorts are making that a lot easier to afford. Boreal's "Frickin' Friday" deal for furloughed state employees offers $15 lift tickets on, of course, furlough Fridays (regular price: $47). Squaw Valley's $83 tickets are discounted to $49 on specified dates.

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State Worker writer Jon Ortiz reports this morning that the effort to gather signatures to place a pension-cutting initiative on the ballot is stymied by the refusal of Gov. Schwarzenegger and GOP gubernatorial candidate Meg Whitman to support it. "The governor felt he'd be a hindrance to us. Meg is not supporting us. That's pretty much it," initiative leader Marcia Fritz is quoted as saying.

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A bit of optimistic news: The two proposals to reduce the pensions of public employees appear to be faltering at the signature-gathering stage. To qualify the initiatives for the ballot, the propoonents, led by Marcia Fritz of Citrus Heights, need 700,000 signatures by June 14 – and about $2 million.

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ACSS members, the deadline to reserve your room at the Holiday Inn Capitol Plaza for Lobby Day is March 12. To make your reservation, call the hotel at 916-446-0100. Be sure to ask for the ACSS discount. Lobby Day, our prime opportunity to introduce ourselves and our issues to legislators, will be St. Patrick's Day, March 17. Training is the night before. Call ACSS at 916-326-4257 if you have questions. Watch our Web site Lobby Day page for information.

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From The State Worker blog: The Alameda Superior Court judge who issued three rulings against Gov. Schwarzenegger in furlough lawsuits says he'll issue final decisions on those cases within one week. The item contains links for more information.

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FromThe Sacramento Bee: The state Senate yesterday approved SBX 8 29, a bill to exempt from furloughs thousands of state workers in departments that are funded largely by dedicated fees or the federal government. The measure would end furloughs for workers in departments that get at least 95 percent of their budget money from sources other than the general fund and would also exempt from furloughs the Board of Equalization and the Franchise Tax Board. Read the bill here.

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CalPERS has scheduled only five retirement planning fairs this year: March 30 in Los Angeles; April 2 and 3 in Sacramento, April 8 in Redding and April 14 in Fresno. The retirement fairs offer information on planning for your state retirement and Social Security as well as several workshops. For locations, times and other information, check the CalPERS Web site.

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The State Worker blog this morning reports on a study by the Senate Office of Oversight and Outcomes that found furloughs at the Franchise Tax Board cost $7 for each $1in payroll epenses they saved.

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The governor and several state employee unions have restarted contrct talks aimed at a long-shot breakthrough. Optimism is low, but both sides have an incentive to bargain, writes Sacramento Bee reporter Jon Oritz. Because supervisors and managers are excluded from bargaining, ACSS cannot negotiate with the governor.

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It's true. Gov. Schwarzenegger has dropped his plans to swear in Sen. Able Maldonado as lieutenant governor after an apparent narrow defeat in the Assembly and has renominated him to the post -- restarting the 90-day clock to confirm him. We'll update as news becomes available.

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The Franchise Tax Board's loss from the furloughs is seven times greater than its savings, according to a report issued today by the nonpartisan California Senate Office of Oversigh and Outcomes, and the Board of Equalization and constitutional offices achieved equivalent savings through budget cuts, not furloughs.

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The state Assembly, in a 37-35 vote, turned down the nomination of Sen. Abel Maldonado for lieutenant governor. The governor's office is challenging the assertion that the vote counts as a rejection.

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The Senate voted 26-7 to approve Sen. Abel Maldonado for lieutenant governor. Next and last stop: the Assembly floor.

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From The Sacramento Bee: California lawmakers grilled state officials Wednesday over $75 million spent for vehicles, furniture and conferences last year while the state ws slashing school, health and social service programs.

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The Assembly Rules Committee sent the nomination of Sen. Able Maldonado for lieutenant governor to the floor without a recommendation. He needs confirmation by both houses (or no action) within a few days to meet a 90-day deadline.

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Senate President Pro Tem Darrell Steinberg has unveiled a Democratic plan he says will create an estimated 140,000 to 197,000 jobs in California. The plan consists of 27 bills that are "real, not partisan, not hype." Every measure can be approved with a majority vote, he says.

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State Controller John Chiang released an actuarial report today that showed California faces a $51.8 billion bill for retirees' health and dental benefits. "We cannot ignore the promise we made to pay health and dental benefits for current state employees and retirees," Chiang said, but he urged lawmakers to "reduce the impact on future generations."

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IRS auditors will investigate tax reporting for state vehicles issued to state workers. State employees must pay income taxes for any time they use vehicles for personal trips. The state also must pay taxes -- which could result in a bill for back taxes -- and must justify issuing the vehicles.

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Sen. Abel Maldonado, who won 4-0 support of the Senate Rules Committee on Thursday, goes before the Assembly Rules Committee Monday for confirmation as next lieutenant governor. ACSS wrote letters of support to the Senate Rules members, and Labor Rep Tom Considine appeared on Maldonado's behalf. Maldonado also needs the approval of both houses of the Legislature. However, if the Legislature does not act by Feb. 21, Maldonado automatically wins the office.

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State Worker blog: An initiative that would reduce the majority required to pass a budget from two-thirds to half plus one has been approved for signature gathering. The proponents need nearly 700,000 signatures to qualify for the November ballot. Read the Secretary of State's notice here.

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Sacramento Bee political columnist Dan Walters predicts the budget crisis will worsen. We begin with a $20 billion deficit and only a fraction of the federal bailout money the governor was seeking. The hypocrisy of our legislators doesn't help, Walters writes in a second column.

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With a 4-0 vote, the Senate Rules Committee on Wednesday approved the nomination of Sen. Able Maldonado (R-Santa Maria) for lieutenant governor. Gov. Schwarzenegger nominated Maldonado to fill the position after former Lt. Gov. John Garamendi won a seat in Congress. ACSS Labor Relations Rep Tom Considine, who lives in Maldonado's district, spoke in support of the nomination. Maldonado meets frequently with state workers in his district and is interviewed on two ACSS videos praising state workers. Maldonado now must be approved by the entire Senate. The term ends this year. To continue to hold his office, he will have to run for the position in November.

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From the Sacramento Bee: A San Francisco Superior Court judge ruled today that the Schwarzenegger administration didn't break the law in eliminating two paid holidays -- Lincoln's birthday (traditionally next week) and Columbus Day in October.

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The Sacramento Bee today published three cogent letters to the editor responding to an editorial that supported the governor's proposed pay cuts. The writers are not supervisors but their messages offer excellent food for thought. Scroll to see: "Good government isn't free"; "5 percent boost isn't 'modest' "; and "Bring back personal leave days." A fourth letter on pensions, "Pension cost exaggerated," was written by CSEA Retirees President Roger Marxen. To write a letter to the editor of The Bee, click here. Not every letter is published, but it's still helpful to let the editorial board know your opinion.

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As if state workers hadn’t been hit hard enough: If the state budget doesn’t pass by June 15, your salaries could legally be cut to minimum wage. There is only one way to protect your paychecks: Support AB 1699. This continuous appropriation bill, by Assemblyman Ed Hernandez, authorizes the state to pay its employees their full salaries until a new budget is signed. As an ACSS member, you must urge your legislators to support this bill! It’s very important to reach as many legislators as possible because the bill requires a two-thirds majority to pass. Since it’s an urgent measure, it would go into effect immediately.The simplest way to write your legislator is to use the “Contact Your Legislators” section of this Web site. If you’ve accessed this link before, your representatives’ names will display. If not, type in your address and they will appear. Click on the “contact” tab for each rep and use the email link to send your thoughts.

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If you are a member of ACSS and you haven't completed our furlough survey yet, please click on one of the links here and take it as soon as you can. The ACSS board approved possibly pursuing legal action related to the furloughs, and our chief counsel needs this information to develop this action. If you have problems with the survey, please let us know. We have been getting great response, but we need as much information from as many members as possible.

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The Senate Rules Committee begins hearings today on whether to confirm Republican Sen. Abel Maldonado as lieutenant governor. Maldonado, of Santa Maria, represents a district with a Democratic plurality. He broke ranks with his Republican colleagues to approve the 2009-2010 budget, and he has been supportive of state workers. ACSS President Arlene Espinoza wrote a letter to the Rules Committee members endorsing Maldonado's nomination, and Labor Rep Tom Considine, a constituent and friend of Maldonado, will testify.

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Calling the state's collective bargaining process "dysfunctional," an editorial in The Sacramento Bee this morning urges the Legislature to cut state employees' pay by the 5 percent the governor is proposing. The editorial says the cuts are "a reasonable sacrifice." It also supports requiring state workers to contribute an additional 5 percent to their retirement system, calling the move "worth risking a court challenge." The editorial is in response to a Legislative Analyst's report backing the pay reductions.

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We will now be posting brief minutes of chapter meetings on our Web site. They are being logged under the "Newsroom" tab under Chapter News. We hope the exchange of information will benefit all chapters. Thank you to the members who are providing the information!

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State Worker column: A mailing snafu at CDCR has caused layoffs to be delayed a month. Cost to the state: $7 million. And federal mail regulations may have been violated.

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The Sacramento Bee reports this morning that the Legislative Analyst's Office is recommending that lawmakers go along with the governor's proposal to cut state employee pay, saying the state's fiscal distress warrants the action. Read the LAO report here.

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At its January board meeting, the ACSS board of directors unanimously agreed to pursue possible legal action related to the furlough of its members. We've developed a survey to help our chief counsel gather information for this potential lawsuit. You may have received this survey in your email; if not, please click on the survey link and answer a few questions here. The survey is short and your answers will be kept confidential. Please note: As referred to in the survey, "self-directed" furlough means you could choose the days you took your furlough time off rather than having those days determined for you (such as the first three Fridays the governor has now ordered).

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Sending emails to your legislators or the governor, or national representatives, is easy with our "Contact Your Legislators" button, at left. When you press the button, you get a form asking for your address or Zip code. Once you've filled in the information, the email links to your representatives automatically appear. Write your reps today to tell them how you feel about the burdens the governor has placed on you and all excluded employees!

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During 2010, ACSS members will be reimbursed for mileage used on behalf of the organization at 50 cents a mile. ACSS follows the federal guidelines for mileage reimbursement. To access our ACSS information blog items, click on "Info for Members" under "Blog Topics" to the left of the home page. Our information items are collected there for easy review.

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The Secretary of State's office has OK'd three initiatives that would cut public pensions to begin the signature-gathering phase to qualify for the November ballot. The State Worker blog item contains informational links.

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