From: Dave Gilb
Sent: Thursday, July 16, 2009 5:07 PM
To:
'JDFrank@scif.com'
Cc: Andreas Acker (awacker@scif.com); Debbie
Endsley
Subject: FW: SCIF Gives out
bonuses!
Hello Jan:
My staff has informed me after
discussions with yours that SCIF intends to hand out a $250 bonus to all
employees in the Department under what has been characterized as an “Encore
Award” program. SCIF apparently relies on Government Code 19823 as
authority for these bonuses.
SCIF has no authority under GC
19823 to issue bonuses to every employee in the department. That code is
DPA’s statutory authority which authorizes DPA- not individual state
agencies - to establish a merit award program. We have established the
sustained superior accomplishment program under this statutory authority which,
among other criteria, limits awards to a maximum of one award per 100
individuals. There is no legal authority for SCIF to use DPA’s statutory
authority to issue bonuses of $250 to every person in the
Department.
I have looked at your handbook
and I do not see where your handbook allows for such blanket awards either, and
certainly not under DPA’s statutes. If there is any additional authority
that SCIF believes exists to issue bonuses to everyone, please let me
know.
From: Debbie Endsley
Sent: Wednesday, August 05, 2009 3:33 PM
To: 'Erin L.
Chin'; Andreas Acker
Subject: RE: State Fund
Awards
Thank you for again attempting to
identify SCIFs authority for bonuses. It is incorrect to rely on this
Government Code for authority to give bonuses to employees. The Code you
cite (19823) gives the Department of Personnel Administration (as the Governor’s
employer for the state) statutory authority to set rules and administer the
award programs. Rules allow that a maximum of 1 employee per 100 may
receive an award based on superior performance. This information was
previously provided to your President Jan Frank (see attached email of
July 16 from Director Gilb). To date, we have not received a
response.
Have bonuses been given to SCIF
employees?