The State Worker column:After nearly two years, 40 lawsuits and more than $1.2 million in state legal bills, the California Supreme Court will hear debate next Wednesday over whether the governor has illegally forced state workers to take unpaid days off from work. Column includes a guide to the 9 a.m. hearing and beyond.
 

Assembly Bill 1699, which would allow state workers to be paid their full salaries if the budget is not passed by the deadlin, failed by four votes to get two-thirds of the Senate vote it needed to pass.

After a report in The Sacramento Bee that the state workforce had remained relatively flat in the past year and a half, Gov. Schwarzenegger told his top officials yesterday to stop hiring. It was not an official order but the governor did say agencies should not be hiring unless "absolutely necessary."

Sometime this week, you will notice the ACSS Web site has an updated, brighter look. We have been working for some time to freshen our design as well as to resolve display issues with some browsers.

The new design accomplishes those things and gives us more flexibility for future updates. Let us know how you like our new look and contact us if you have any problems.

The size of the state workforce has stayed flat, but state agencies have hired nearly 23,000 new workers in the past year and a half. Most of them were not full time. During the same time period, the state lost 18,000 workers to retirement. Who's done the hiring? Here's a list.

California taxpayers are shelling out tens of thousands of dollars to pay legislators per diem for floor sessions they did not attend this year, according to a Sacramento Bee investigation. Only about one if every four absences included the loss of the tax-free $142 per day legislators receive when they are supposed to be on the Legislature's floor. Even the Sacramento Bee's editors decried the practice.

Grief counseling requests have risen in the wake of state-worker suicides, The Sacramento Bee reports. Though the sample is small, the story quotes experts as saying "It's clear that the state's unprecedented labor unrest -- on again, off again furloughs ... rising public disdain for civil servants -- has increaswed tension for a group of people who tend to value security and predictability in their work."

The Professional Engineers in California Government and the California Association of Professional Scientists have filed lawsuits to stop the furloughs, and CalPERS and CalSTRS have filed a joint writ of mandate with the same goal. PECG and CAPS also contend the minimum wage order is illegal. Read CalPERS/CalSTRS writ here.

Update: Nurses' protest blasts Whitman's voting record. Earlier story: Today is the 90th anniversary of the 19th Amendment, which gave women the right to vote. A rally at the Capitol to celebrate the anniversary also will focus on Republican gubernatorial candidate Meg Whitman's spotty voting record. Demonstrators plan to arrive at the Capitol steps at 3 p.m.

President Arlene Espinoza, along with ACSS members from Chapters 503 and 504, attended a rally for Jerry Brown in Santa Rosa yesterday. In his speech, Brown called the current tie between him and Meg Whitman, who has spent more than $100 million so far, a "phenomenal outcome" for him. President Espinoza says Brown pointed out that, despite the economic downturn, California's economy was $1.9 trillion last year, one of the highest in the world.

The State Worker examines the job-loss chart Gov. Schwarzenegger totes with him to illustrate that private-sector employees have fared worse in the economic downturn than state workers.

From The State Worker blog: The DPA won some arguments, but not all, in Judge Patrick Marlette's tentative ruling on state Controller John Chiang's criticisms of the DPA pay letter ordering minimum wage for state workers. Some issues were left open to further litigation. The blog item includes links to the ruling and legal documents.

If you want to enroll in CalPERS health care, add new dependents or otherwise change your coverage, you must do so between Sept. 13 and Oct. 8. Adult children now can be covered until they are 26. Coverage will be effective Jan. 1, 2011. CalPERS premiums will increase an average of 9.1 percent. For more information, check the CalPERS open enrollment Web site and open enrollment news pdf.

From the LA Times: Already the state budget is 54 days overdue (and counting) but Gov. Schwarzenegger says he won't sign until the Legislature retrofits the fiscal system he believes is bedeviling California.

Labor unions backing Jerry Brown for governor are using the cutting-edge tactic of "micro-targeting" to locate backers in conservative parts of California that Brown will likely struggle to carry. The effort is being led by the California Labor Federation.

Jerry Brown, on a weekly call to a San Francisco radio station, told the interviewer furloughs were not the "best way to go" and that state workers shouldn't be punished because the Legislature can't pass a budget. He also addressed his own pension, which would be more than $78,000 if he retired next year, saying "if every state worker worked as long as I did, to the age of 72, the pension funds would have so much money, they could start lending money to China."

The State Worker: Gov. Schwarzenegger may have won a new battle in the war to cut state workers' pay, but, with less than five months left in office, his position has weakened. Layoffs and minimum wage are not likely options for him any more.

From Sacramento Bee Capitol Alert: State Controller John Chiang told the Sacramento Press Club Wednesday that he will soon be printing IOUs if the Legislature and Gov. Schwarzenegger can't agree on a state budget. "If current conditions hold," Chiang said, "we could start issuing IOUs in two to four weeks." The state issued about 450,000 IOUs for two months last summer during a cash crunch as the 2009-2010 budget was being re-written. The state also issued IOUs in 1983 and 1992.
 

Second-day story: The ruling yesterday that furloughs are back on is the latest twist in the roller coaster ride that leaves state workers wondering "What's next?" The state Supreme Court agreed with Gov. Schwarzenegger that the furloughs would continue until the court decides the issue. Oral arguments begin Sept. 8, with a decision expected near the end of the year. Related stories: How are state workers coping (a forum); statement from the governor's office; statement from DPA; LA Times story.

Breaking news from The Sacramento Bee: Furloughs for state workers are back on for Friday. The state Supreme Court has said it will review a lower court ruling that kept Gov. Schwarzenegger from furloughing roughly 144,000 employees last week as he had planned. Updated link includes ruling from Supreme Court Web site. We will continue to monitor and update.

For budget watchers, the nonpartisan California Budget Project has produced two reports this month that clarify the recent budget proposals: "Understanding the Tax Swap" and "How do the Budget Plans Compare?"

Who's out of touch with reality here? Gov. Schwarzenegger told the California Hispanic Chamber of Commerce yesterday the current economic downturn has had "no effect" on state employees. The state workers who complain are "not in touch with reality," he said. His proof? Job losses have not increased. The governor did not, apparently, mention bankruptcies, foreclosures and severe belt-tightening.

Republican gubernatorial candidate Meg Whitman has upped donations to her campaign by another $13 million, bringing the total she has contributed from her personal fortune to $104 million – more than any other candidate in California history.

Breaking news: Gov. Schwarzenegger made good on his vow to appeal to the Supreme Court to restore three-day-a-month furloughs for state workers.

In an interview with KCRA 3 TV in Sacramento today, Democratic gubernatorial candidate Jerry Brown called the furloughs "unfair," adding that state workers should not suffer because the governor and the Legislature cannot pass a budget.

The California Budget Project has produced an easy-to-understand grid comparing the budget plans advanced by the governor, Assembly, Senate and Budget Conference Committee.

Senate President Pro Tem Darrell Steinberg will host three live Internet town halls at 6:30 p.m. Aug. 24, 25 (in Spanish) and 26 to talk about the budget and answer questions. Information here.

A story in yesterday's New York Times, titled "California Unions Take Pay Protest to Movies," mentions the Association of California State Supervisors as one of the organizations suing to stop the furloughs. ACSS was named as a plaintiff in the ruling the Superior Court judge issued putting a temporary restraining order on the furloughs.

As reported by the Los Angeles Times, a group of California economists, including one Nobel laureate, has published a report criticizing Republican gubernatorial candidate Meg Whitman's economic policies and her understanding of the challenges California faces. "If implemented," the report says, "her policy proposals will deepen California's budget crisis and are likely to reduce employment and economic growth."

Gov. Schwarzenegger made good on his vow to appeal the Alameda Superior Court's temporary restraining order against the newest round of furloughs. The hearing on the restraining order is scheduled for Sept. 13. No date has been set to rule on the governor's appeal. In his ruling, the Superior Court judge said that instituting new furloughs could cause state workers and their families irreparable harm.

An Alameda County Superior Court judge has temporarily barred Gov. Schwarzenegger from imposing new furloughs. The furloughs were to begin this Friday. In his ruling, the judge stated that there are "serious questions" about the legality of the furloughs and that the governor's order appeared to be inconsistent with provisions of state law. Schwarzenegger vows to appeal. Read the judge's ruling here.

From The Sacramento Bee: Democratic gubernatorial candidate Jerry Brown has released an expanded clean-energy jobs plan, based on AB 32, the state's landmark encironmental law. Brown says his plan will create 500,000 new jobs in California. Read the full plan here. Republican opponent Meg Whitman has said she would suspend AB 32.

From a DPA memo reported by The Sacramento Bee: "Effective immediately, there is no longer an expiration date to previously accrued furlough hours." However, furlough hours still cannot be cashed out. The governor's office responds.

Controller John Chiang has responded to President Arlene Espinoza's letter thanking him for his efforts to protect the incomes of state workers. In Chiang's thoughtful response, he called the governor's minimum-wage proposal a "cheap political trick" and explained that the state's inability to reduce pay was "not a simple software problem."

Gov. Schwarzenegger, in Fresno today, defended his furlough and minimum wage orders, saying public employees are not in touch with the private sector. "We all have to make certain sacrifices," he said. Later he added: "We're not taking anything away from any state employee" and "It's not about me, me, me." The link includes a video link.

CalPERS CEO Anne Stausboll sent a letter to Controller John Chiang today saying she did not intend to furlough CalPERS employees, "notwithstanding the governor's illegal furlough order."

The Sacramento Bee reports today that Republican Meg Whitman has already spent $99.7 million in her quest to become the next governor of California. Attorney General Jerry Brown, whom ACSS supports, has spent $633,000. Most of Whitman's money came from her personal fortune. The two candidates are virtually tied in the polls.

Last week's Time magazine featured a story comparing Jerry Brown's candidacy for governor to Meg Whitman's. So far, Whitman's outlay has included $91 million of her own money compared to Brown's entire campaign expenditure of $400,000, yet the two are virtually tied. Look for Brown's campaign to ramp up after Labor Day. The link to "Whitman's views on public-employee unions" is worth reading for state workers. ACSS is supporting Brown. Volunteer to help ACSS-endorsed candidates here. (Note: Time abridges its online articles.)

ACSS members: ACSS' October quarterly board meeting is being moved to Sacramento from Palm Springs. Dates: Oct. 15-17. Call 1-800-HOLIDAY or 916-446-0100 for reservations (use "ACSS group" to get the room discount). Please reserve by Sept. 10. If you made a reservation in Palm Springs, you will need to cancel it. ACSS cannot cancel individual reservations.

State Worker columnist Jon Ortiz probes the significance of the exemptions the governor allowed in his new furlough order. In the past, the governor has said furloughs should be applied fairly across the board. For Sacramento businesses, the return of furloughs will mean another economic hit.

From The State Worker blog: State workers are getting only a month's reprieve from furloughs. Gov. Schwarzenegger has ordered three-day furloughs to begin again Aug. 1. They'll end when the Legislature passes the budget. Unlike the previous furlough order, the new order exempts employees who work for departments that collect revenue. The governor ordered the furloughs after state Controller John Chiang said he would begin issuing IOUs in August or September if the budget doesn't pass. Read the governor's order GAAS:472:10.

A Sacramento Superior Court judge has pushed back the date that attorneys will argue about minimum wage for state employees, guaranteeing full pay at least through September.

In a strong endorsement for Prop. 25, a ballot measure that would end the two-thirds requirement for passing the budget and raising taxes, two editors who rarely agree take the same side. The major reason: A majority vote would almost certainly end the budget gridlock that wreaks havoc on state workers and nearly everyone else. It also is the responsible thing to do. ACSS supports this measure.

The State Worker column reports today on the costs of the minimum-wage fight between Gov. Schwarzenegger and state Controller John Chiang. Has Schwarzenegger won by losing?

Democratic gubernatorial candidate Jerry Brown, whom ACSS is supporting, is playing defense against Meg Whitman's money in this campaign. He is being forced to wait until after Labor to mount his most aggressive campaign. You can help: Click on our "Politics" button at left to access an online form to volunteer to campaign for Brown.

Read the full story on the court ruling that denied Gov. Schwarzenegger's request to force the state controller to pay state workers minimum wage. The order gives state workers at least two more months of full pay. The story links to Judge Marlette's ruling.

In a much-needed turn of good news for state workers, Sacramento County Superior Court Judge Patrick Marlette today denied Gov. Schwarzenegger's request to compel the state controller to pay state workers the federal minimum wage. A hearing on the issues is scheduled for July 26, and later in Augus. State Controller John Chiang has said he would not issue minimum-wage checks unless a court order to do so was issued before the payroll deadline of July 22.

AB 1699, the bill that would guarantee state workers would be paid in full during the budget negotiations, passed the Senate Appropriations Committee today 6-1. All six votes were Democrats. One Republican abstained and Sen. Mimi Walters voted no. Now the bill moves to the Senate floor, where it needs a two-thirds vote to pass.

State Worker columnist Jon Ortiz interviews state Controller John Chiang on his refusal to pay minimum wage. "Our issue with the governor's pay order is that it's vague," Chiang said.