This year also saw staff involved with issues of organizational governance which included ACSS elections; the ACSS Delegate Assembly; and heavily involved with staffing the CSEA General Council.
It has been a full and eventful year for this organization with staff changes and membership recruitment successes. This report will highlight many of our collective achievements and efforts.
Membership
I am pleased to report that membership in ACSS is on the rise. For the first time in several years, ACSS membership is over 6300 members.
Membership Statistics
Total Membership for 2007 ended at 6,303 members. That makes for a monthly average at 6,227 members and shows an increase 7.52 percent over 2006, however, we are waiting for a report showing the number of members who retire each month.
New Members (by membership application) totaled 255 for 2007 compared to 254 for 2006. That’s a monthly average of 21.25 apps for 2007 compared to 21.16 for 2006 and no measureable difference.
From January 1, 2007, to December 31, 2007, there were 122 membership applications received who were recruited to become a new member of ACSS.
Of these, 98 were recruited by a current ACSS or CSEA member, 14 were self-recruited, 5 were recruited by Lloyd Duronslet and 5 were recruited by Kay DeGeest-Kelly, ACSS Labor Rep.
Roll-Over Members (automatic roll-over process) totaled 1,324 for 2007 compared to 1,293 for 2006. That’s a monthly average of 110.33 roll-overs for 2007 compared to 107.75 for 2006 and an increase of 2.4 percent.
Cancellations totaled 560 for 2007 compared to 412 for 2006. That’s a monthly average of 46.66 cancellations for 2007 compared to 37.45 for 2006. This is an increase of cancellations of 35.93 percent.
Retirement – During 2007, 255 ACSS members retired.
Death Benefits: There were 6 death benefits paid out at a total of $30,000
Member Recruiter Rewards: A total of $12,600 was paid through the ACSS Recruiter Reward program.
The Quarterly Top Recruiters for 2007 were:
1st Quarter = Darold Dahse, Chapter 514 (Recruiting 3 New Members)
2nd Quarter = Tom Moy, Chapter 508 (Recruiting 4 New Members)
3rd Quarter = Pat St. Clair, Chapter 504 (Recruiting 4 New Members)
4th Quarter = Francis Hicks, Chapter 509 (Recruiting 5 New Members)
The Membership Contest awarded two Top Recruiters: Todd D’Braunstein (Chapter 514) and Tom Moy (Chapter 508) for both recruiting 8 new members and Elena Yuasa (Chapter 513) came in 2nd place for recruiting 6 new members.
Note: This is our first full year using Unionware software and the total numbers for 2006 could have been wrong due to the old membership database (which had proven unreliable). A more accurate comparison will be the membership totals from 2007 to 2008
Web Activity
ACSS has continued to improve upon its Web design. Messages of importance, upcoming meetings, past or future events; Board Member and President pictures; event pictures; how to reach your LRR; Chapter information; Meet and Confer updates with DPA, and current topics of importance are all part of our Web page.
Located at www.ACSSonline.org, this site remains a communications tool for member and non-member alike. Updated, designed and kept current by Diane Wolff, it remains one of our most dynamic member tools.
ACSS Web site - 2007 Statistics:
The top 5 viewed pages on our Web site
Home Page............ 127,951 hits
News Page............... 50,885 hits
Resource Center/Links Page 5,512 hits
Web Calendar............ 4,572 hits
Contact Us Page........ 3,932 hits
Currently there are 497 Registered Users on our Web site with 282 having “Member Only” access
During 2007, there were 15 ACSS e-Blast notices and 8 Chapter Meeting Notices
As of December 2007, the e-Blast subscribers total:
ACSS Alerts/E Blasts 4611 (Members and non members who have subscribed to our news blasts)
Chapter 502 56
Chapter 503 578
Chapter 504 95
Chapter 505 173
Chapter 507 47
Chapter 508 60
Chapter 509 104
Chapter 511 145
Chapter 512 45
Chapter 513 85
Chapter 514 91
Active Representational Matters
ACSS employs six Labor Relations Representatives statewide, who carefully handle each case presented to them: Jim Franco is responsible for Chapters 502 and 503; Jerry Fields represents Chapters 504 and 505; Tom Considine is responsible for Chapters 507 and 512; Kay De Geest-Kelly represents Chapters 508 and 509; Nellie Lynn covers Chapters 511-513 (North) and 514; and Paul Huggins represents Chapters 513 (South) and 514. Bonnie Morris handles state-wide issues and liaison to DPA.
Annual Statistics
0 Administrative Notices
79 Adverse Actions
8 RAP Panels
36 Grievances
2 Indemnification Cases
96 Investigatory Hearings
11 Medical Actions
33 Reasonable Accommodations
14 Referred to Legal
28 Stipulated Agreements
335 Miscellaneous. Miscellaneous includes, but is not limited to, matters that required LRR time but were not necessarily opened as a case file, e.g., investigatory interviews, harassment matters, informal reviews, etc.
ACSS staff has worked with the Executive Board to develop a new case tracking format which will ensure the accuracy of our case load statistics. This new format will be coupled to a new software program that our LRR’s will utilize to provide their quarterly case load reports.
The statistics above are only part of the story. What does an LRR do before he represents a member? How much time does he/she take to prepare? How complex is the process?
Please see the attached “Addendum to ACSS Labor Relations Representative Case Log”* at the end of this report.
Staff Activities
The following summaries highlight the work of ACSS staff and their partnership with ACSS leadership to ensure that the Board’s agenda, projects and directives were successfully carried out.
Board Member and Chapter President Training: Chapter Development
Staff conducted two segments of training at the January and April 2007 Board Meetings. Both segments were focused around Chapter financing and development, increased involvement and growth. All flip chart notes were condensed into a handout for subsequent Board Meetings.
7th Annual Lobby Day at the Capitol, March 14, 2007
Staff conducted the 7th Annual ACSS Lobby Day on March 14. This event was a great success and continues to attract increased member participation. In addition, this Lobby Day included another "Ice Cream Social," which was attended by over 400 Capitol legislators and staff members.
Participating ACSS members were provided breakfast during the orientation at ACSS headquarters, and then given materials to use as speaking points and educational handouts for legislators and their staff. ACSS members were also provided lunch at the state Capitol followed by the very fun and well-attended Ice Cream Social.
I would like to acknowledge and thank Sherri Golden, ACSS Lobbyist and her staff member Chris Fields for all of the wonderful work they do on behalf of ACSS and its members, and for making our Lobby Day one of ACSS’ most visible and successful events.
District Office Visit Program
A companion effort to Lobby Day remains the District Office Visit Program under the direction of Bonnie Morris, Senior Labor Relations Specialist.
As important as it is to meet with Legislators at the State Capitol, it is even more important for constituents to meet with their elected officials at their home offices. It is here, one on one in the relaxed atmosphere of an elected official’s office that our members can become known to the people who they elect.
Just as important, it allows the elected official who is a decision maker on many bills that affect the careers of excluded employees to become educated by our members. As our members and their elected officials meet, ACSS and excluded employee issues soon become important to the legislator. Why, because now ACSS has a face, the face of our visiting member. Now our issues will have a receptive ear, a knowledgeable vote and an advocate.
At all our quarterly meetings, at both the President’s Forum and during regular session, Bonnie talks to our members and tabulates our collective DOV efforts.
Combined with our Lobby Day, DOV is the way ACSS can drive home our perspective and get much needed help at the Legislature.
Bonnie can take a bow for all of her hard work and for the success of this program.
Staff Changes
Paul Huggins, LRR for Chapters 513 and 514 retired from CSEA this past year. Fortunately, Paul has agreed to continue with ACSS as a retired annuitant and is handling his former assignment until ACSS can hire his replacement.
Carol Perri, Assistant Executive Officer and Communications Director has retired. A search for her replacement is currently underway. It is expected that her replacement will be in place prior to our next Board meeting.
Kisha Robertson, ACSS Attorney has resigned. Kisha was shared between both ACSS and CSEA. Her position remains vacant at this time, but ACSS is expecting that her position will be filled by Rocco Paternoster prior to our next Board meeting. During her absence, both ACSS and CSEA have been sharing the legal services of Jason Jasmine, a contract attorney.
ACSS has developed a new workforce of retired annuitants to help update bulletin boards and do membership recruitment. This is a workforce that will continue to expand, but at the moment, ACSS has Lloyd Duronslet working in the Los Angeles area, Fritz Walgenbach in Sacramento and Mike Randall in San Diego.
ACSS Board Meeting Restructure
To ensure that ACSS uses its Board Meetings to focus on the needs of its Board Members and Chapter Presidents, the Presidents’ Forum was reconfigured into a working forum to identify chapter needs and opportunities for growth and member recruitment opportunities. Issues such as membership development, Chapter finances, review of ACSS Policy File and Bylaws, and legislative district office visits have been discussed.
ACSS Fights for Its Members
Hearings:
Throughout the year, ACSS staff and members give testimony for and against legislation and agency that would affect ACSSS member’s careers, pocketbooks and their retirement. Here are some examples:
“The True Value of the California Lottery”, Dean Florez, Chairman:
ACSS was the only excluded employee organization to represent its members before Senate hearings that were focused on the Governor's attempt to privatize the California State Lottery.
ACSS was represented by two members Sid Ramirez, Lottery Sales Manager, Central Valley district and Fred Cherniack, Lottery Sales Manager, Sacramento District as well as, Sherri Golden, ACSS Lobbyist, and Mitchell Semer, ACSS Executive Officer.
Testimony given by Mr. Ramirez and Mr. Cherniack was the only testimony at the hearing that spoke to the interests of ACSS members, their retirements, their careers and their jobs.
Where were the other excluded employee organizations? Without ACSS excluded employee issues would not have been raised and our members would have been over looked!
CalPERS
ACSS was also there to testify before CalPERS when they were deliberating on health care co-pays for state employees. Once again, ACSS was the only Excluded Employee organization at the hearings.
Testimony provided by Mitchell Semer, ACSS Executive Officer was pivotal in questioning utilization assumptions made by providers that would have caused rates to go up state wide. Mr. Semer’s statements were singled out by the Chairman of the Committee for special discussion, and a private meeting between Mr. Semer and the Chairman took place.
The results: the lowest co-pay increases in years.
ACSS was there for its members again.
State Legislature
Sherri Golden and ACSS staff also testified before numerous legislative committees for and against bills that affect our members, including testifying for:
Senate Bill 760 (Migden), Employer-Contribution 401 (k) Plan for State Excluded Employees
This bill would reinstate the employer-contribution to a 401 (k) plan strictly for supervisors and managers. In 2000, DPA initiated a $50 (supervisor)/$100 (manager) contribution to a 401(k) plan. This bill would require the state employer to match up to a maximum of 5% of the employee’s salary; any contributions made by excluded employees would be allocated to a deferred compensation plan or tax-sheltered annuity.
Senate Bill 870 (Ridley-Thomas) – State Employee Adverse Actions: Change Statue of Limitations from Three years to One year for Excluded Employees
The California Civil Service Act authorizes an appointing power to take adverse action against an employee for specified causes for discipline and establishes administrative procedures for review of an adverse action by the State Personnel Board. Current law requires an adverse action against a state employee to commence within three (3) years of the cause for discipline. This bill would require the employer to conduct an investigation and issue the adverse action against an excluded employee within a one-year time frame. This reduction from three years to one reduces the amount of time the employee could be displaced from the employee could be displaced from their position while the employer is completing the required investigation. It also requires the employer to address concerns with performance/behavior, etc., with the supervisor or manager in a timely manner. This reduction to one year would save the State of California money and would require a more efficient process for the investigation of actions thereby reducing the amount of time spent on each case. It would also reduce the hardship on the employee(s) involved.
DPA
ACSS conducted monthly meet and confer sessions with DPA, fighting for salary increases and benefit enhancements for all ACSS members. ACSS has met with Dave Gilb, Director of DPA and his top staff to solve problems of pay and benefits for ACSS members. DPA continues to work with ACSS into 2008 as it schedules meet and confers with representatives of this Administration.
Other Projects and Issues
During the course of this year, ACSS staff and the ACSS Executive Board have been involved in many projects, some of them will continue into future years. Here is a summary of these projects:
- The ACSS Mentoring Program
- Participation and presentations at the “Future of CSEA” meetings
- Future of ACSS Strategic Planning meeting
- Creation of the Retired Annuitant Program
- Resolving of the issue: “Who represents seasonal and student workers?”
- Interview and hire of potential PAC Administrator.
- Start up of the new “ACSS PAC”, January 1, 2008
- Membership Recruitment – Contests - Strategies
- Membership outreach-Building strong chapters - Visits
- Chapter financial training
- Strengthen ACSS – Revise Bylaws and Policies
- Representational Issues – Review and strengthen ACSS Representational policies; conduct RAP Panels
- ACSS is providing input to the DPA “HR Modernization Project.”
ACSS Board and Staff Conduct Elections and Handle Governance Issues
The ACSS Board and staff have been involved in an extremely labor intensive series of back to back governance meetings including: ACSS elections; ACSS Delegate Assembly; the CSEA General Council and its regularly scheduled Executive Board meetings and quarterly corporate meetings.
ACSS staff conducted elections for delegates to ACSS’ Delegate Assembly and CSEA’s General Council and also conducted the elections for new Chapter officers and new Board members. It should be noted that throughout this election process, there were no election protests filed. I’d like to give special recognition to Bonnie Morris, Diane Wolff, Kathy Sullivan, Carol Perri and Kisha Robertson for their tireless work to make these events occur on time, appear seamless and happen without controversy.
Conclusion
In closing, I would like to acknowledge that ACSS members should take great pride in the way they have been served by their entire staff in an extremely challenging year. Staff members have excelled in every area of their responsibilities for this organization while maintaining the highest of professional standards.
At this time, I would like to give special recognition to our LRR staff. A special thanks to Nellie Lynn, Kay DeGeest-Kelly, Jerry Fields, Jim Franco, Paul Huggins and Tom Considine for their exemplary work on behalf of our members.
Respectfully submitted,
Mitchell C. Semer
ACSS Executive Administrator
Addendum to
ACSS Labor Relations Representative Case Log*
General Representation Issues
1. Be available to respond to member and non-member inquires via telephone, cell phone, FAX, E-mail and walk-ins (HQ only). Priority is always given to ACSS members before addressing nonmember issues.
2. Meet with ACSS member to discuss concerns and evaluate available options to address concerns
3. Conduct informal meetings with members, as well as their chain of command to attempt to resolve issue(s) informally
4. Be a resource for ACSS officers and activists
5. Review and research DPA Pay Letters and PMLs
6. Research and prepare written responses to member inquiries on various issues, providing supporting policy and authority
7. Provide representation to members at investigatory interviews
8. Provide assistance and guidance to members in preparation for filing EEO complaints
9. Provide guidance on issues relating to FMLA, reasonable accommodations, mediation, voluntary and involuntary transfers
10. Assist members with preparing written rebuttals
11. Technical and procedural assistance on issues relating to general supervision
12. Evaluate cases for merit
Grievances and Related
13. File grievances
• Track timelines and elevate to appropriate levels
• Meet, as needed, with appropriate management to discuss grievance issues
Complaints
14. Meet with member(s) to discuss issues, determine appropriate method for resolution
• Track timelines and elevate to appropriate levels
• Meet, as needed, with appropriate management to discuss grievance issues
Adverse Actions and Related
15. Meet with member to review and discuss adverse action
16. Schedule Skelly Hearing
• Preparation for hearing
17. Stipulated Settlements
• Meet with member re: proposed language
• Meet/Discuss with management regarding proposed language
• Negotiate over differences
• Prepare final document(s) for signature
Appeal Process and Preparation for Evidentiary Hearings
18. File appeal with appropriate control agency (SPB/DPA)
19. Prepare request for discovery materials
20. Prepare Motion to Compel Discovery – when necessary
21. Prepare Motion to Strike – when necessary
22. Interview potential witnesses
23. Prepare case outline for hearing
24. Prepare evidence for introduction at hearing
25. Prepare direct and cross examination questions for hearing
26. Prepare legal brief(s) when necessary
27. Conduct legal research in preparation for hearing
• Research precedential cases
• Research relevant case law
Other Appeals
28. Denial of Reasonable Accommodation – SPB
29. Examination Appeals – SPB
30. Merit Issue Complaints – SPB
31. AWOL Separation – DPA
32. Denial of Out of Class Claims - DPA
33. Layoffs – DPA
Other Evidentiary Hearings (See above for necessary steps)
34. Coleman Hearings - AWOL Separation
35. EEO Complaints
Meet and Confers with Departments
36. Prepare correspondence requesting meet and confer
37. Meet with members at the worksite to discuss impact on changes in working conditions
Membership Recruitment
38. Verify membership status on all contacts from excluded employees
39. Recruit members: one-on-one
40. Plan and conduct worksite meetings/events for recruitment
41. Attend worksite/statewide events planned by CSEA/other affiliates
Chapter Activities
42. Attend all Chapter meetings
43. Assist Chapter Officers in planning and conducting
• Worksite events
• Chapter picnics, Day at the Ball Park, etc.
• ACSS-sponsored events (Lobby Day)
• CSEA-sponsored events (State Employee Day, Rallies, etc.)
• Mobilizing members during political campaigns
• District Office Visits to Legislators
• Chapter elections
• Updating, maintaining and interpreting Chapter and ACSS Bylaws and Policy file
General Processing Duties
44. Maintaining current logs of open and closed cases, as well as logging of daily phone calls. (NOTE: telephone calls can range anywhere in length from 5 minutes to 2 hours)
45. Prepare cases for long-term storage (log, box and label)
46. Prepare and type all correspondence (out-station LRRs have no clerical support)
47. Out-station LRRs must prepare all materials for mailing and take to post office, as well as pick up all incoming mail
48. Order and/or purchase all office supplies (out-station LRRs)
49. Maintain office equipment and contact vendors for repairs (out-station LRRs)
50. Make copies of recordings from investigatory interviews for members, as necessary
51. Perform all miscellaneous clerical duties (out-station LRRs)
52. Create new ACSS Form letters when necessary
53. Always available for contact by members via telephone, cell phone, FAX an e-mail
Travel
54. All of the above issues can involve staff travel: 5 minutes to 5 hours or more
55. Ensure that personal transportation is always available and in good running condition in order to meet with members or potential members, whenever and wherever it is necessary.
56. Performs other related duties as required.
*The LRR case log documents cases that usually involve adverse actions, appeals of all kinds, grievances and complaints. However, these cases can be a combination of all types of issues, both formal and informal. They can require as little as 5 hours or as much as 50 hours or more, depending on how many issues accumulate and how many weeks or months it takes to resolve them.
by Mitchell C. Semer
ACSS Executive Officer