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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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."

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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!

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.

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.

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).

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!

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.

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.

Fourteen unions and state worker associations, including ACSS, wrote a letter to legislative leaders asking them to support AB 1125, which would require state workers continue to be paid their full salaries if the budget is delayed. The State Worker looks at the grim issue.

A San Francisco judge has ruled against the California Association of Professional Scientists in its furlough lawsuit against the governor, saying that CAPS didn't present sufficient evidence to show the governor had abused his discretion.

After a "wild ride" last year, with stock markets plunging early in the year, CalPERS reports it earned an 11.80 percent return on its investments for 2009. The market value of CalPERS' assets has come back by $46 billion.

CalPERS will hold two daylong discussions on the future of public pension plans: Jan. 29 at the Sacramento Convention Center and Feb. 12 at the Los Angeles Convention Center. Local, state and national retirement experts will discuss solutions that balance the need for reasonable retirement benefits with economic and fiscal realities.

The just-published Winter 2010 Today's Supervisor has been posted on this Web site under the "Newsroom" tab. Did you know your license plates were made at Folsom Prison? On the cover, you'll see a rare glimpse of the inside of the busy, colorful prison license plate factory, overseen by board member Carlos Chavez. You can read about this and other prison industries inside.

The ACSS board of directors, at its quarterly meeting Jan. 16, unanimously adopted a strategic plan that will guide the organization, the chapters and the members into a more dynamic future. We will report on this plan in various formats in the weeks to come. In the meantime, check out our PowerPoint outline.

The governor won one Friday: The San Francisco appeals court ruled that state Controller John Chiang cannot restore correctional officers to full pay for the time they work -- despite the fact an Alameda judge ruled in December that the "self-directed" furloughs at prisons violate labor law. The debate will continue: The CCPOA has until Thursday to file more arguments.

In her column this week (at left), ACSS President Arlene Espinoza exposes the dishonesty in the governor's Jan. 8 letter to state employees and calls for ACSS members to write the governor and tell him how you feel about the unfair burden he has placed on his state's management team. Send copies to your legislators and please copy ACSS as well. We would like to share some of your remarks.

For a brief round-up of some pertinent state worker issues, see this morning's State Worker blog: A food-for-thought letter on the mathematics of the governor's proposed pay cut; the controversy over Controller John Chiang's vow to pay correctional officers; Assembly committee approval to allow BOE workers to move; the $500,000-plus payments, so far, to one law firm to fight the furlough lawsuits.

ACSS will respond strongly to the governor's Jan. 8 letter to state employees in which he outlines his new program to cut state workers' compensation. The furloughs will go away, as planned, but in its place state workers will lose 5 percent of their salary to a pay cut and another 5 percent to retirement contributions. Layoffs also are possible. For a statement from ACSS President Arlene Espinoza, go here.

ACSS President Arlene Espinoza was one of 13 signers on a letter to (then)-Asembly Speaker Karen Bass and Senate President Pro Tem Darrell Steinberg supporting AB 1125. The bill, by Ed Hernandez, calls for the state to pay state workers their full salaries if there is no budget in place by the June 15 deadline. Without this bill, the governor could reduce state workers' pay to federal minimum wage until the budget passes. Read the bill here.

In the wake of its latest trouble – scary elevators – the head of BOE has persuaded legislators to co-author a bill authorizing his agency to leave its building for a safer one. The BOE building has been plagued with leaks, floods, mold and falling windows. A Sacramento Bee story is here. The proposed bill, AB151, is here.