The State Worker

Chronicling civil-service life for California state workers

From our sister blog, Capitol Alert, this story from reporter Jim Sanders:

It's official: The proposal is in writing and set for a vote -- a 5 percent pay cut for Gov. Jerry Brown, all California legislators and state constitutional officers from controller to treasurer to Board of Equalization member.

Click here to read more.

In a letter to members this afternoon, SEIU Local 1000 officials said that they are preparing to negotiate with Gov. Jerry Brown's administration early next month, spurred by his proposal to put state workers on a 4/9.5 workweek that would cut their hours and pay by 5 percent.

The chairs of Local 1000's nine bargaining units said that whatever concessions they negotiate will be put in a "side letter" agreement. That would avoid reopening the local's contracts.

Ahead of that, union officials are soliciting savings ideas to offer as alternatives to Brown's furloughs. Next week the local will conduct an online survey of members.

The union's bargaining team will review all of that information ahead of negotiations scheduled to start June 9. Whatever agreement is reached at the table will go to the rank and file for a ratification vote.

Here's the union's rationale for bargaining cuts:

"As the elected leaders of all nine bargaining units within Local 1000, we agreed that it's better to be aggressive participants in the effort to find solutions to achieve savings. We intend to be part of the action, not acted upon.

"We could have said 'no,' and demanded that the governor honor our contract. By staying engaged, we minimize the potential for a huge number of layoffs and even deeper cuts in vital services, like education and the programs that serve California's most needy."

Here's the entire letter:

CalPERS announced today that it will host retirement planning events in Sacramento, Anaheim and Santa Clara this summer.

Representatives from CalPERS, the Social Security Administration, the state's Savings Plus Program, ScholarShare college savings program and several employee and retiree organizations will be on hand. The events also include workshops on health and retirement benefits, service credit, Social Security and other pertinent topics.

CalPERS members can register via "My Education" area of the my|CalPERS member website at my.calpers.ca.gov.

120522 PiggyBANK.jpgHere are the dates, times and locations:

Sacramento
Aug. 10 - 11
9 a.m. - 4 p.m.
Sacramento Convention Center
1400 J Street
Sacramento, CA 95817

Anaheim
Aug. 17 - 18
9 a.m. - 4 p.m.
Sheraton Park Hotel
1855 South Harbor Blvd.
Anaheim, CA 92802

Santa Clara
Aug. 30 (one day only)
9 a.m. - 4 p.m.
Santa Clara Marriott
2700 Mission College Blvd.
Santa Clara, CA 95054

PHOTO: Big Stock Photo / Sacramento Bee file

From Bee Capitol Bureau colleague Jim Sanders' report this morning:

One week after Gov. Jerry Brown proposed slicing state workers' pay by 5 percent, the Democratic governor and legislators find themselves targeted for a "share the pain" salary cut.

Members of California's Citizens Compensation Commission said Monday that a pay-cut proposal for statewide officeholders will be on the table when the panel meets May 31.

Click here to read the entire story, which includes lawmakers' reactions to the idea.

The Bee's state pay database guru Phillip Reese has run the numbers on what Gov. Jerry Brown's four-day, 9.5-hours-per-day workweek would do to the Sacramento region's economy.

The annual impact: $230 million in wages taken out of circulation.

Click here to read the entire story.

Here's an open letter that job steward and SEIU Local 1000 DLC President Thomas Lee Perine sent Wednesday to the members he represents. We're posting it here unedited and with his permission:

Dear DLC 790 Executive Board Members, Job Stewards and Activists -

Tonight is the Local 1000 Council monthly conference call. I will be on the call.

I intend to voice opposition to the forced pay cut and work hour proposals that have been floated in the media recently. President Walker was quoted as saying that a majority of our members would support this proposal. Based on the feedback I've been receiving from the members we represent, a majority of members do not support this idea.

What I would like to see is an expansion of the current voluntary personal leave program. Currently our members can opt-in to one day (8 hours) of personnel leave with a resulting ~5% reduction in pay and no effect on retirement. I have been participating in the program since it was first offered years ago.

My proposal would be that our members would be offered the option to purchase up to two additional days per month (up to 16 hours) with no option for the State to deny the leave purchase if a member chooses to opt-in and no change to retirement for those who participate. The "no denial" clause is important because otherwise many agencies will deny requests based on "operational need" and there will be no opportunity for cost savings.

This proposal will protect our members who cannot afford any more pay sacrifices and those who do not have an option to change their work hours because of family or other personal obligations or desires.

Your thoughts are important to me. What do you think? What are you hearing from our members?

Please note that I have shared this email message with the rest of our union leadership.

I am confident that we can all work together to find a solution that does not put additional undo hardships on state employees while we yet again do our part to help the State during these days of unprecedented budget crises due to the failures of Wall Street and unchecked corporate greed.

In solidarity,
Thomas Lee Perine, Job Steward &
President DLC 790 SEIU Local 1000
Department of Child Support Services

Thumbnail image for Thumbnail image for 110701 Steinberg Cap Bureau.JPGSenate President Pro Tem Darrell Steinberg, D-Sacramento, met with reporters today and talked about Gov. Jerry Brown's proposal to furlough state workers two hours per week.

Brown's plan also lengthens the state workday to 9.5 hours and shortens the workweek to four days. The changes would reduce employees' hours and pay by 5 percent and save the general fund some $401 million ($839 million all funds).

On cooperation between the unions and the governor to come up with a plan:

Just look at the experience in the Schwarzenegger years. ... When they tried to do it unilaterally, what was the end result? Lawsuits, a lot of uncertainty. The better and best way to accomplish the needed savings is to work with the people affected, and that's already going on."

On SEIU Local 1000's position:

"It would be one thing if SEIU Local 1000 was saying hell no and fighting the governor, but they're not doing that. They're actually appreciating the fact that the administration has reached out to them and that they are being brought in."

On the impact to his district and his assessment of the governor's moves:

"It's certainly hard on a lot of my constituents, The process by which the administration is trying to get to that goal, the money goal, I think has been very constructive so far."

On how the issue will play for the November election:

"You want to go into November with as much solidarity as possible."

PHOTO: Darrell Steinberg / 2011 Sacramento Bee file, Hector Amezcua

As our story in today's Bee notes, it's not clear whether rank-and-file state workers will be able to vote on any scheduling changes or other concessions that their representatives bargain to reach the payroll savings target in Gov. Jerry Brown's budget proposal.

Brown wants unions to take a 5-percent pay reduction with a commensurate cut in work hours each month to trim $401 million from the general fund's employee costs and $839 million from all funds in fiscal 2012-13. The governor's plan includes putting most employees on a 4-day, 9.5 hours-per-day workweek.

State law doesn't require a membership vote if a union reaches a side agreement with Brown. The associations' various bylaws, practices and processes determine whether they would issue ballots. Some union leaders also could seek guidance by surveying their members without a formal vote.

Thumbnail image for notebook-thumb-216x184-9328.jpgWe never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Our story in today's Bee looks at Gov. Jerry Brown's prosposal to cut $401 million in general fund employee costs ($839 million all funds) by putting state employees on a 4/9.5 weekly furlough schedule.

We inerviewed several folks who didn't get into the final version of our story, including Bruce Blanning, executive director of the state's engineers' union and Tim Yeung, a Sacramento-based labor attorney.

Here are some highlights of our discussions with both men:

Gov. Jerry Brown is suggesting state workers go to a four-day, 9.5 hours-per-day workweek to cut about $839.1 million in costs for fiscal 2012-13. What do you think of the idea?


Gov. Jerry Brown said today that his administration will bargain with labor to get the 5 percent, $839.1 million savings from employee compensation costs that his May budget revision proposes.

Here's what the governor said during this morning's press conference when asked how he would hit the savings target:

"Negotiations. We have contracts and we'll look at a variety of ways (to make savings). The state employees particularly have come forward some very imaginative ideas. They've been helpful. They've been willing to step up to the plate even though they represent some people who are not paid all that much. So we will work for a 5 percent cut. And we're going to figure it out. But that will be the financial value of the changes we make and it will be mutually arrived at."

Thumbnail image for 120508 Yvonne Walker 2008 brian baer.JPGIn a memo to members today, SEIU Local 1000 President Yvonne Walker said that she was consulted about Gov. Jerry Brown's plan to cut state employees' pay and that she drew a line at imposing unpaid time off on workers.

"First let me say that I have made it clear that furloughs are not on the table," Walker wrote.

She said that she has had several meetings with the administration and is continuing talks.

"Under the previous governor, our input was not sought, in fact, it was dismissed. Under Gov. Brown, we have a seat at the table," Walker's memo said. "We have offered our own proposals to deal with this crisis."

Among the suggestions: cutting private vendor contracts, eliminating the use of retired annuitants and, "if necessary, implementing a four-day, 40-hour work week."

PHOTO: Yvonne Walker / Sacramento Bee 2008, Brian Baer

Our story in today's Bee fleshes out Wednesday's news that Gov. Jerry Brown has told labor leaders that his May budget revision on Monday will include a cut to state workers' compensation. He's asked the unions to help figure out how to get the savings.

If you haven't read the story already, check it out and then participate in our poll:

State workers' compensation is back on the budget chopping block.

Brown administration officials met with the state employee union leaders last week, according to sources familiar with the meetings, to warn them that the next version of the governor's budget will include an unspecified cut in employee costs up to 10 percent.

The administration in January estimated that California is confronting a $9.2 billion deficit through 2012-13, but a recent state analysis concluded the actual gap is considerably more.

The sources, who declined to talk on the record because the administration asked all involved to keep the discussions secret, said Brown told the unions he was seeking $750 million in state employee cost savings for fiscal 2012-13.

The sources said the Brown administration asked union leaders to come up with ways to make the reduction -- pay cuts or higher benefit contributions, for instance.

Department of Finance spokesman H.D. Palmer said, "The governor has already indicated that more difficult reductions will be required," because the state's budget deficit has grown since Brown issued his first budget proposal in January.

"The details of those reductions will be detailed in the May Revision," Palmer said.

The governor could order wholesale layoffs, but the civil service process usually takes at least six months and the savings often fall short of expectations.

Furloughs are an option only if the Senate and Assembly authorize Brown to execute them, because the courts have ruled the policy falls under the Legislature's authority to set wages and working conditions. That seems unlikely, given the Democratic majority in the statehouse.

Other cost savings such as outright pay cuts, higher employee contributions to pension or health benefits, would need to be bargained.

Last month Brown recently extended the contracts of four unions with deals set to expire in July. Two of the extensions covering about a total 16,000 psychiatric technicians and operating engineers increased the state's health benefits costs 9.5 percent for those workers.

With the four extensions in place, the contracts covering roughly all 180,000 unionized state workers expire in July 2013.

Brown is set to deliver the budget revision on Monday.

The Senate this morning approved a measure that mandates the state report the costs of pay raises for supervisors and managers when analyzing union labor contracts.

Much of the time, managers and supervisors get similar employment terms to those negotiated for the employees they supervise. For example, if SEIU Local 1000 negotiates a 2 percent pay raise for its members, the related managers get the same.

But not always. The Department of Personnel Administration (and soon the new California Department of Human Resources) negotiates labor pacts and also sets the pay for excluded employees. By law, it must issue a fiscal analysis of what the negotiated contracts cost, but the department isn't required to do the same for related management compensation.

Senate Bill 1113 would mandate CalHR include analyses of the financial obligation for related excluded employees. The California Correctional Supervisors Organization, which is sponsoring the bill, says the measure would make employee costs more transparent.

Early versions of the bill also required the state to "address salary compaction and parity concerns for excluded employees," but that language was struck from the legislation the Senate OK'd today on a bipartisan 36-0 vote.

SB 1113, authored by Sen. Noreen Evans, D-Santa Rosa, now goes to the Assembly.

The Legislative Analyst's Office figures that four union contracts that Gov. Jerry Brown has agreed to extend for one year will "maintain or modestly increase the state's costs for employee compensation."

The nonpartisan LAO looked at so-called "rollover agreements" with the Union of American Physicians and Dentists (Bargaining Unit 16) and the American Federation of State, County and Municipal Employees (Unit 19) and concluded that they don't cost the state more than the deals that expire in July.

The state's cost for employees covered by the International Union of Operating Engineers (Unit 12) and the California Association of Psychiatric Technicians (Unit 18), however, will grow by an estimated 9.5 percent due to increased health benefit costs. Those contracts have clauses requiring the state to cover increases in health coverage.

The contracts together cover roughly 24,000 state workers, including equipment operators, social service professionals, psychiatric technicians and doctors.

MOU Fiscal Analysis: Bargaining Units 12, 16, 18, and 19

120418 Senator Anderson Senate Floor Photo.JPGA bill that would cap California state employees' pay at no more than what the governor earns cleared the Senate Public Employee and Retirement Committee today on a 3-1 vote.

Senate Bill 1368, authored by Sen. Joel Anderson, R-Alpine, would limit the annual pay of state officers and employees, including overtime, to the governor's salary, currently $173,987 per year.

The measure exempts current salaries set by contracts but requires the limitations to take effect for those employees once those deals expire. Anderson's bill also includes exemptions for public safety workers and judges.

Republican Sens. Ted Gaines of Rocklin and Mimi Walters of Laguna Niguel and Democratic Sen. Juan Vargas of San Diego voted for the measure. Sen. Alex Padilla D-Los Angeles, opposed it. Chino Democratic Sen. Gloria Negrete McLeod abstained.

The measure now moves to the Senate Governmental Organization Committee for a hearing Tuesday.

CalSTRS, which has sponsored a bill that would allow it to boost pay for its chief financial officer and chief operating officer well beyond what the governor earns, has opposed the measure.

Related posts:
Anderson bill would cap state worker pay at Jerry Brown's salary
The State Worker: Linking state pay cap to governor is tricky exercise
Column Extra: Who earns more than Jerry Brown?
Bill allows big pay hike for two CalSTRS executive jobs

PHOTO: Sen. Joel Anderson, R-Alpine, on the Senate floor in 2011. / Courtesy Joel Anderson.

A bill scheduled for a committee hearing today would cap the compensation for two jobs at the California State Teachers' Retirement System at 150 percent of what the governor earns, but the new ceiling is twice what the positions currently earn.

Assembly Bill 1735, which is sponsored by CalSTRS, is in front of the Assembly Appropriations Committee. The measure expands the list of jobs for which the fund's board can set compensation to include chief operating officer and chief financial officer.

The fund says it needs the flexibility to compete for candidates outside of government. The bill caps what CalSTRS board could pay at one-and-a-half times the govenor's salary, currently about $174,000 per year.

"Given the new ceiling of $260,000 per annum, this bill allows CalSTRS to double existing salaries," an Appropriations staff analysis says. "The actual costs will depend on the compensation packages developed by the Teachers' Retirement Board."

CalSTRS says that paying more to get the most-skilled executives will save big bucks because it will be able to hire and hold better-qualified managers who make key business decisions.

The fund has said that it needs an infusion of money to meet its long-term pension obligations. In February, it reported assets of $152 billion, sustaining its pension fund for 856,000 public school teachers and their families in California's 1,600 school districts, county education offices and community college districts.

We never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

The CalPERS computer system story in today's Bee draws from an item on the agenda of the fund's Pension and Health Benefits Committee, which is meeting this morning.

Here's the report on the system. Click here to watch the committee session live online, starting at 9 a.m. or after the Finance and Administration Committee ends its hearing, whichever is later.
CalPERS Workload Inventory

As we reported earlier today, four unions representing roughly 24,000 state workers have reached agreements with Gov. Jerry Brown to extend the terms of their current contracts, which are due to expire in a few months.

The agreements cover state employees in bargaining units 12 (skilled crafts workers), 16 (doctors and dentists), 18 (psychiatric technicians) and 19 (health and social services professionals).

Open a larger view of the contract extension letters embedded below by clicking the "full screen" button at the bottom of the document display.

Contract extentions for bargaining units 12, 16, 18 and 19

120406 State Capitol Building 1996 Sac Bee Rob Ferris.JPGThe Senate Public Employment & Retirement Committee is scheduled to hear several bills Monday, including three measures of interest to state employees:

SB 955 (Fran Pavley): Authorizes pension boards to give investment priority to in-state infrastructure projects over out-of-state infrastructure projects.

SB 1234 (Kevin de León): Establishes a guaranteed retirement savings system for private-sector workers. (Click here for a recent report on the measure.)

SB 1368 (Joel Anderson): Caps state employee pay at what the governor earns, currently about $174,000. (Click here for a recent State Worker column about the measure.)

The committee hearing is scheduled to start at 2 p.m. in the Capitol's Room 2040.

PHOTO CREDIT: California State Capitol / Sacramento Bee file, Rob Ferris

Are state workers dragging down state budgets around the nation? Or have public employees and their compensation packages become convenient political scapegoats?

A year ago the PBS news show "Need to Know" took on what it calls "one of the most contentious arguments in the news today." We ran across the report this morning while surveying state worker news. Although the item ran on March 11, 2011, the topic remains relevant today.

Watch Union Salaries and State Budgets on PBS. See more from Need to Know.

A reader called on Thursday to strongly disagree with this week's State Worker column, which looked at a bill that would cap state pay at what the governor earns, currently about $174,000 per year.

The column suggested that the cap idea doesn't acknowledge key differences between what motivates people to aspire to the executive and what motivates them to become, say, a state university president, CalPERS investment manager or a nuclear physicist.

The caller contended that the state doesn't need to compete for talented individuals to run departments, conduct nuclear research, manage investments or to perform other high-level, high-skill jobs. Public service and love of the work, he said, is a reward in itself. Plenty of competent folks would line up for jobs that he said currently overpay incumbents.

And anyone who passed on a job because they wanted more money? "The state doesn't need them," the caller said.

What do you think? How much should money matter to public servants? Do some care about it less than others? Take our poll and leave your comments:


This from The Bee's Kevin Yamamura on our sister blog, Capitol Alert:

Legislative Republicans rolled out a budget plan Thursday that relies on cutting state worker pay, eliminating affordable housing funds and using pots of money dedicated for mental health and childhood development.

Republicans believe their plan eliminates the state's $9.2 billion deficit without new taxes and preserves the same amount of funding for education that existed last year. They say it undercuts Gov. Jerry Brown's argument that voters must pass higher taxes in November to spare schools from deep reductions.

Read the rest of his report by clicking here.

With just 400 to 450 words for our weekly State Worker column, most of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

Our column in today's fiber/cyber Bee filters the debate over state workers' wages through Senate Bill 1368, which would cap state pay -- including overtime -- at what the governor earns, about $174,000 per year.

So we asked our state worker pay database guru, Phillip Reese, to find out how many state employees would have been affected last year if SB 1368 had been law, and what job classes dominated that pay strata. We also asked him to look at UC system employees (the latest data we have for them is for 2010) to get a sense of how many of them made more than the governor. SB 1368 wouldn't affect them, though, because the UC system is constitutionally protected, but the bill encourages its leaders to conform to the cap.

Here's Phillip's email answering my questions:

About 2,015 civil service, CSU and legislative workers earned base pay over $174,000 in 2011, state controller's data show. Another 2,560 UC employees earned that much in 2010, according to the most recent data available from the UC system. So about 4,500 total -- a number that almost doubles if you look at total pay, which includes overtime, bonuses, etc. (I know Anderson, in his bill, cited "more than 8,000 workers," which is in line with my numbers if looking at total pay, instead of just base pay.)

By far, the largest job class in this group is physicians, mostly working at UC hospitals, state prisons and state mental health facilities. About 2,100 of the 4,500 are doctors, dentists or psychiatrists. Running far behind, but with more than 200 employees making that much, are judges, senior professors and top administrators at myriad agencies.

RELATED POSTS:
Anderson bill would cap state worker pay at Jerry Brown's salary
Steinberg: state worker pay cap bill 'worth considering'

Here's one side of the argument you'll be hearing for the next seven months over the so-called "Stop Special Interest Money Now Act" the political-committee funding measure on the Nov. 7 ballot in California.

"DUES AND DEEP POCKETS: Public-Sector Unions' Money Machine," published by the conservative Manhattan Institute for Policy Research, argues that dues withheld by payroll deduction and paid directly to unions, along with rules that force employees to pay for representation even if they aren't members, gives labor "an abundant and reliable source of money, sparing unions the need to spend resources on recruitment, retention, and fund-raising."

Author Daniel DiSalvo says that means civil service unions have a serious advantage over other groups throwing elbows for government resources.

The Stop Special Interest Money Now Act would, among other things, prohibit use of payroll-deducted funds for political purposes by unions, corporations or government contractors. Employees could still contribute to employer or union committees, but they'd have to do it annually and in writing. (Click here to read the measure.)

California unions' will take a big revenue hit if voters approve the as-yet-to-be-numbered proposition, since labor relies on members' payroll deductions to raise money for political spending. Business interests don't.
DUES AND DEEP POCKETS: Public-Sector Unions' Money Machine

As reported last week, Senate Bill 1368 by Republican Sen. Joel Anderson, would set the top salary for state workers and officers at the $173,987 earned by the governor.

Senate President Pro Tem Darrell Steinberg, D-Sacramento, has said the pay cap measure is "worth considering."

What do you think?


We've heard some strong sentiments from phone callers and email correspondents today about the James Ward case covered in today's State Worker column and companion blog post.

By that (extremely unscientific) measure, opinions are split 50-50.

If you haven't yet, check out the reporting and documentation about the prison chief dentist's fight to get his job back, then take our (extremely unscientific) poll:

From The Bee's Dale Kasler:

CalPERS today moved toward reducing its investment forecast by a quarter percentage point, a move that would cost the state's general fund $167 million a year.

Click here to read more.

The recommendation goes to a vote of the full board on Wednesday.


Next week, CalPERS Board of Administration will consider lowering its investment return expectations from the current 7.75 percent to 7.25 percent.

If that happens, pension costs would increase for state and local governments -- and employees would have to pay significantly more for air time after Mar. 15.

CalPERS Pension and Health Benefits Committee will take up the issue on Tuesday. If it accepts Chief Actuary Alan Milligan's recommendation, "The cost for service credit purchases under the present value method is expected to increase between 5 percent and 13 percent when looking at the most common ages at which members currently buy service. Note that the actual increase for some members would be more."

CalPERS members who buy air time before the deadline will get the benefit of the higher rate of return assumption. So will members with a request for an official air time cost estimate submitted to the fund before Friday.

Members have 60 days to purchase air time after receiving a price quote from CalPERS.

"No one (with cost esitimates in the queue) needs to worry," CalPERS spokesman Brad Pacheco told us Friday afternoon. "Those (prices) will be honored."

The benefit costs thousands of dollars. If you're thinking about buying air time, we recommend you start with CalPERS' online service credit calculator before contacting the fund for an official estimate. Click here for more details about how to get a quick ballpark idea of what air time would cost you.

We've embedded the return assumption rate item below. Scroll down to "Impact on Member Calculations," for the discussion of service credit costs.

The American Federation of State, County and Municipal Employees Local 2620 has proposed extending its expiring labor agreement for one year.

Cliff Leo Tillman Jr., Local 2620's senior business agent, made the initial proposal to Gov. Jerry Brown's administration in a letter (posted below) presented at yesterday's public "sunshine" meeting at the Department of Personnel Administration. State law requires the meetings to publicly air initial labor proposals and allow public comment on them.

AFSCME represents about 4,600 health and social service professionals in Bargaining Unit 19. Its contract expires July 2. State doctors, psychiatric technicians and skilled crafts employees and maintenance staff in three other bargaining units are working under contracts with the same expiration date. None have yet offered a formal initial proposal.

AFSCME's proposal clearly signals the union isn't going to press for pay raises or other big gains while Brown is trying to close a $9.2 billion state budget gap, but detailed talks will still occur behind closed doors later when state and labor negotiators meet.

It's no surprise that AFSCME has proposed extending its current deal. Click here for a recent State Worker column that explains why.
AFSCME contract rollover proposal

The State Worker has received several emails from staff in the five agencies that are paying furlough back wages, all asking the same thing: When will they get their money?

Current and former employees of the Prison Industry Authority, the First 5 California Commission, the California Housing Finance Agency, the California Earthquake Authority and the California State Lottery who lost pay to furloughs are due to get the withheld money. They will not receive interest on the back pay. The payouts won't affect the state's general fund, since it doesn't furnish money to those five agencies.

The State Controller's Office has to cut the checks, so we asked SCO spokesman Jacob Roper when that would happen.

"We are working with other departments to get all the necessary information, and we should have a time frame this week," Roper said in an email this afternoon.

Despite an unprecedented downsizing that has cut jobs and emptied out agency offices around California, the State Compensation Insurance Fund's board of directors has OK'd a new incentive bonus program for employees.

It's not clear how much this will cost State Fund, a quasi-private state agency that provides workers' compensation insurance to businesses, but employees could receive up to 10 percent of their base pay depending on how well they perform. None of the bonus money would come from tax dollars, since State Fund operates solely on policyholders' premiums and investments.

The board approved the Performance Award Program on Feb. 17, about seven weeks after 971 employees in danger of layoffs took an unprecedented severance package that paid them to leave by the end of last year and give up their preferential rights to other state government jobs. The so-called "transition packages" cost State Fund about $30 million.

Even after those employees left, another 700 fund jobs remained on the chopping block as part of a multiyear plan to save $200 million by axing outdated jobs, shuttering offices and consolidating operations.

We asked fund spokeswoman Jennifer Vargen how the new employee bonus program lined up with the agency's push to cut costs. She responded by forwarding an email to staff that explains the program as "an appropriate investment in strengthening and accelerating our transition to a performance-based culture." (Click here to read the entire email.)

The bonuses are contingent on negotiations with union representatives, according to the State Fund staff memo. Here's the board's agenda item concerning the new bonus program:
State Compensation Insurance Fund bonus item on BOD's Feb. 17 agenda

Controller John Chiang today urged the state to scrape up at least a little extra cash to pay down state retiree health and dental benefit costs, which his latest commissioned report pegs at $62.1 billion over 30 years.

The figure, a snapshot of the unfunded health obligations on June 30,2011, represents a 5 percent increase over $59.9 billion identified a year earlier. Actuaries with Gabriel Roeder Smith & Co. had expected an even higher number, but CalPERS' push to trim health costs through a variety of programs, fewer and less expensive claims and lower-than-anticipated use of services have trimmed expenses.

For the most part, the state is covering those costs year to year, paying retiree health bills as they come up. A more prudent course, Chiang said, is to treat the long-term benefit expenses like the state treats pensions: set aside money now, invest it and then use the returns on investments to defray future retiree medical and dental costs.

"Even slight amounts set aside will help lessen the impact on future generations, and ensure that we fulfill our responsibilities to the state workforce and our taxpayers," Chiang said in a press release.

120224 Steinberg pay.JPG

The Bee's state worker pay database has been upgraded with features that give the information more context and provide it more quickly.

The data now include state employee wage histories from calendar 2007 through the end of last year. Clicking on an individual's name pulls up their historical wages graphically in the context of the average pay in their department. Scrolling over the data points in the graph reveals specific info.

The information on the site shows up more quickly than before because The Bee's web developers streamlined its layout and used a Google product that loads faster.

The screen capture above shows the wage history of one elected state worker in the Legislature. Click here to open the pay database page.

Thumbnail image for Thumbnail image for 100831 calculator.JPGA new analysis of the public pension issue suggests that government should move from pensions that increase based on service time to plans that motivate performance with higher pay that then boosts retirement payouts.

"Solving the Public Pension Plan Dilemma," is written by Dan Van Bogaert, a adjunct professor who teaches human resource management courses at UCLA and Brandman University. His analysis appears in the latest volume of the Journal of Pension Benefits.

Bogaert makes several suggestions, from switching to 401(k)-style defined contribution plans and raising the retirement age for full benefits to mandatory pension funding ratios and restricting union bargaining to wages.

He also wants pension formulas that use a "replacement ratio" method that guarantees employees a certain percentage of their working pay when they retire, along with "pay-for-performance" compensation policies that would reward workers for work well done, not merely their years of service.

"The objective is to offer pay and incentivized rewards for performance, rather than offer entitlements connected to tenure. DB plan formulae based primarily on years of service would be de-emphasized, and replaced by incentives tied to pay, as a means to grow pension benefits," Bogaert writes.

(On a related note, Aaron McLear, who often spoke on behalf of California Pension Reform during its now-suspended campaign to qualify a state and local government pension initiative for the November ballot, last week answered the question, "What's next for pension reform?" Click this link to read his thoughts on CBS 13's website.)
Solving the Public Pension Plan Dilemma
IMAGE: www.photobucket.com

The state's quasi-private earthquake insurer is planning to pay furlough back wages to current and former agency employees who lost salary to the policy.

California Earthquake Authority spokeswoman D'Anne Ousley left a voice mail message with The State Worker Wednesday evening, confirming our earlier speculation that the agency would expand furlough lawsuit settlement terms reached with SEIU Local 1000 and California Attorneys, Administrative Law Judges and Hearing Officers in State Employment to non-represented staff.

The state's four other "off-budget" agencies that settled furloughs with the unions -- the Prison Industry Authority, the First 5 California Commission, the California Housing Finance Agency and the California State Lottery -- announced similar decisions earlier this week.

The repayment plans exclude members of Professional Engineers in California Government and California Association of Professional Scientists because those two associations are pressing on with furlough litigation. Local 1000 and CASE agreed to drop their remaining furlough lawsuits if their members in off-buget departments received furlough back pay.

The Earthquake Authority, a publicly-managed, privately-funded organization that provides
residential earthquake insurance, employs about 25 state civil service workers. Repaying them won't come from the state budget, since the agency operates on money taken in from investments and policyholder premiums.

Solidarity isn't just a union concept.

Nearly all current and former employees of the California Housing Finance Agency and the California State Lottery will receive back pay for wages lost to furloughs, officials now say.

Two other so-called "off-budget" agencies said the same thing earlier today. None of the payments will come from the state's general fund and -- this is key -- the Legislature doesn't appropriate money for their budgets.

Russ Lopez, the Lottery's deputy director of communications. The agency is still figuring out how many of its 644 current employees are in line for furlough back pay. Lottery retirees and other former staff furloughed during their time with the agency will have money coming to them.

The payments "aren't going to happen overnight,"
Lopez said.

Cal HFA has the same accounting challenge. The agency employs about 260 staff who support its mission to provide home financing and housing programs for low- and moderate-income Californians. Spokeswoman Melissa Flores said that her agency last year set aside "just under $4 million" to cover back payment costs, but hasn't yet determined how many current and former employees were affected by furloughs.

Nine Cal HFA employees represented by Professional Engineers in California Government won't received the back pay, Flores said, because their union is continuing to fight furloughs in court.

The decision by the Lottery and Cal HFA to pay furlough back wages means that four of five off-budget agencies that settled furlough litigation with SEIU Local 100 and the state attorney's union have now said publicly that they are extending the back-pay provisions of the settlements to all their affected employees and retirees.

Click here to read about similar decisions made by leaders at the state's Prison Industry Authority and the First 5 California Commission. The post includes more background on the union settlements that set the precedent for the payments now extended to all employees.

The fifth off-budget agency, the California Earthquake Authority, hasn't yet responded to our inquiry whether it will follow the other four off-budget agencies, but we expect it will.

The agency's attitude about furloughs is well known: During one heated courtroom debate, CEA's lawyer said of Gov. Arnold Schwarzenegger's administration and furloughs that "These guys are making it up as they go along,"

The State Worker continues to hear from state employees who are complaining that a recent furlough lawsuit settlement between SEIU Local 1000 and the Brown administration isunfair.

The complaints run along two tracks. One comes from managers and supervisors in the five "off-budget" agencies named in the settlement. They're not represented by SEIU or any other unions and aren't part of the furlough agreement.

Callers have pointed out that when a union reaches a contract agreement at the bargaining table that the managers and supervisors attached to those covered workers usually receive similar terms.

The exempt employees calling and emailing us about the furlough settlement think the same should apply here to the furlough back pay agreement. Of course, that decision is up to the Brown administration and/or the agencies.

The other complaint comes from state worker blog users who think that settlement provisions that awarded back pay to rank-and-file workers in five "off budget" agencies unfairly and arbitrarily single out a select few employees for a special benefit.

It's a twist on the complaints we heard when employees working for constitutional officers avoided furlough. Ditto when the courts decided State Compensation Fund Employees were illegally furloughed awarded them back pay.

SEIU has said that it got the most it could from a losing legal hand.

What do you think?

With just 400 to 450 words for our weekly State Worker column, some of what we learn each week never sees print. Column Extras give you the notes, the quotes and the observations that inform what's published.

Today's State Worker column breaks down which unions are in and which are out of the court fight over furloughs. The California Correctional Peace Officers Association and the California Statewide Law Enforcement Association are the latest to lay down arms.

CCPOA spokesman JeVaughn Baker said that the weight of several court decisions favoring the state pushed the union to stop its litigation: "We decided it's in the best interest of the association to focus on other issues."

SEIU Local 1000 and California Attorneys, Administrative Law Judges and Hearing Officers in State Employment also recently dropped their furlough litigation.

Meanwhile, the state's engineers and scientists are Alameda Superior Court No. RG10630312
Original petition: CCPOA v. Schwarzenegger (requires Java)

CSLEA's request for dismissal, Alameda Superior Court No. RG10507081
Original petition: CSLEA v. Schwarzenegger

CCPOA's request for dismissal: 9th U.S. Circuit Court of Appeals
Original Complaint: Newton v. Schwarzenegger

The union representing the state's legal professionals and Gov. Jerry Brown's administration have agreed to settle their furlough fight.

The deal returns wages lost to furlough to about 24 members of California Attorneys, Administrative Law Judges and Hearing Officers in State Employment. In exchange, the union is dropping its last two furlough lawsuits.

The agreement affects only CASE members in five departments that don't receive legislative budget appropriation: First 5 California, the Prison Industry Authority, the California Earthquake Authority, the California Housing Finance Agency and the California State Lottery.

SEIU Local 1000 recently agreed to a similar settlement.

The CASE rationale, which you can read below or by clicking here, can be summed up in five words: "Take what you can get."
CASE memo to members

After combing through the state controller's 2011 payroll data, The Bee's Phillip Reese reports this morning that

State government payroll increased by half a billion dollars last year, even as California cut thousands of state worker jobs, according to a Bee analysis of new data from the Controller's Office.

The payroll increase added about $140 million in wages to the Sacramento economy in 2011, contributing to a budding recovery.

The story, which you can read here, coincides with an update to the state worker pay database.

Click this link to open the pay search engine and scroll down to the notes below the "top salaries" list to understand the sources and boundaries of the data.

Thumbnail image for Thumbnail image for 100831 calculator.JPGCalifornia state and local government employees remain among the highest-paid in the nation, according to revised 2010 data released this month by the U.S. Census Bureau.

DATABASE: State worker salaries

Full-time monthly pay for March 2010 in the District of Columbia averaged $5,900, followed by California at $5,774 and New Jersey' s $5,540. Nationally, the average pay for full-time state and local public employees was $4,388 for the March 2010 period sampled by the bureau.

The statistic divides a state's total payroll by the number of full-time equivalent employees. The District of Columbia is included because the data takes into account all government jobs below the federal level. The figures don't account for differences in cost of living.

California, the nation's most-populous state, also claimed about 1.8 million state and local government workers, a tad over one-tenth of the nation's non-federal government employees. Still, the Golden State's ratio of 478 state and local employees per 10,000 residents has been a cellar-dweller for years. The state employee-to-California resident ratio runs at about 110 per 10,000, which is also close to the nation's lowest.

Click here for U.S. Census' revised data summary. The link opens a spreadsheet that extracts the state-by-state totals from around the country.

IMAGE: www.freefoto.com

State workers in six unions will see a pay increase on their February checks in keeping with contract terms bargained in 2010 with former Gov. Arnold Schwarzenegger. Some managers and supervisors will also see similar pay bumps.

A state analysis of the negotiated pay hikes concluded that they will cost the general fund about $32.3 million and another $28.8 million from other funds for the last six months of the current fiscal year. For fiscal 2012-13 the total cost is an estimated $122.2 million. (Click here for the LAO's report and scroll down to page 16 for a breakdown.)

The state's higher payroll cost has been preceded by years of furloughs and contractual unpaid days off by state workers at all levels, as well as higher employee contributions toward their own retirement accounts.

The top-step increases started taking effect this month, so they will show up on Feb. 1 paychecks issued to employees in the following bargaining units who have been at the top step of their job classes for at least 12 months as of Jan. 1.

Unit

Union

% Increase

5

California Association of Highway Patrolmen

2

8

California Department of Forestry Firefighters

4

12

International Union of Operating Engineers AFL-CIO

5

16

Union of American Physicians and Dentists

5

18

California Association of Psychiatric Technicians

5

19

American Federation of State, County and Municipal Employees

5


notebook-thumb-216x184-9328.jpgWe never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Our report in today's fiber/cyber Bee notes that California Pension Reform received about $128,000 from donors even before it had an official ballot measure to show potential backers.

(Note: Californians for Retirement Security, which opposes CPR's efforts, told us that it wasn't obligated to report spending or contributions received fighting pension reform until now. Once the CPR measures received title and summary on Monday, the labor coalition or any other group fighting or supporting the proposals' qualification or passage must register and report.)

Here's the list of CPR contributors through Dec. 31 as reported by the campaign to the Secretary of State's office:

countdown 1.JPGThis is the last installment in a series of posts looking back at the most-read State Worker blog items in 2011.

The debate over public employee pensions took an unexpected turn last February when the state's Little Hoover Commission suggested what had been the unthinkable: Change pension benefits promised to current state and local government employees.

A locally based research group, Californians for Fiscal Responsibility, had called for changing the guaranteed benefits promised to current employees. But now a government entity was suggesting the legally precarious and politically explosive idea.

The commission said that the public pension crisis is so severe that changing benefits for future workers won't fix it quickly enough. So the bipartisan panel said that state and local governments should freeze their defined-benefit pension promised to current employees and then prospectively place them into cheaper "hybrid" plans that blend smaller traditional pensions with more volatile 401(k)-type savings programs.

Both sides of the pension debate said that such a move would undoubtedly spark litigation. Conventional wisdom holds that pension promises are protected by both state and federal law, but the commission's report said that the principle should be directly tested in the courts.

Here's the link to the most-viewed State Worker blog post of 2011: "Commission's plan rolls back pensions for current workers," which ran on Feb. 24.

Postscript: The idea to alter pensions promised to current employees is dead for now. Two proposed ballot measures to alter pensions offered by another local group, California Pension Reform, and a plan promoted by Gov. Jerry Brown focus on lowering benefits for workers hired in the future.

Editors note, 12:20 p.m.: Details of the severance agreement have been added to this report.

Nearly 1,000 State Compensation Insurance Fund employees took an unusual severance package in December that required they leave their jobs by last Friday.

Fund spokeswoman Jennifer Vargen said that 971 employees accepted the so-called "transition package" under terms negotiated by the quasi-public agency and Service Employees International Union Local 1000. She said the total cost of the payouts isn't yet available.

About 1,800 employees in 26 job classifications slated for elimination could have taken the deal at an estimated cost of up to $50 million to State Fund.

State Fund employees who took the severance package waived their rights to preferential treatment for hiring into other state jobs and "probably" are not eligible for unemployment insurance benefits, Vargen said.

The agency sells employee compensation insurance to businesses. Although its employees are in state civil service, State Fund doesn't receive any tax funding, so the money to cover the exit payments came from the fund's investment assets and insured client premiums, not taxpayer dollars.

110617 Chiang at Capitol Bureau 2010 Amezcua.JPGController John Chiang's office has sent an update on the federal payroll tax that is withheld on state paychecks with a Jan. 1 issue date. As we reported last week, Congress passed an extension of the lower tax rate that was to expire this year, but did so two days after the controller's deadline to recalculate checks that assumed the higher rate.

This letter to all departments and universities that run their employee pay through the controller's office includes answers to five frequently asked questions about the situation:
CA State Controller's payroll update

PHOTO: John Chiang / 2010 Sacramento Bee file, Hector Amezcua

Two public pension reform plans aimed for the November 2012 ballot wouldn't make much of a dent in government costs for decades, and the savings to employers' retirement expenses would be "offset to some extent by increases in other employee compensation costs," according to the nonpartisan Legislative Analyst's Office.

The LAO's take on both plans -- one a so-called "hybrid" system for new workers and the other a 401(k)-style retirement account for new workers -- concludes that they are fraught with legal peril and could wind up costing state and local government more or less depending on how they're "interpreted and administered."

The analyses share much of the same language and conclusions. Click here for the LAO's review of the defined contribution plan backed by California Pension Reform. This link opens the review of CPR's alternative hybrid pension proposal that mirrors a plan backed by Gov. Jerry Brown.

The LAO called Brown's plan "a bold, excellent starting point" for changing public pensions, but that it also "leaves many questions unanswered."

Thumbnail image for Thumbnail image for countdown 8.JPG

Putting "Stanford," "study" and "pensions" in a headline guarantees an online traffic surge. An April 2010 post, "Stanford study: Public pensions a half-trillion dollars short," ranked as the 15th most-viewed State Worker blog item among the 1,000 we posted that year.

This year's follow-up to that report by Stanford University professor Joe Nation ranked even higher -- and if the subsequent fallout from the report is an indication, rankled public-pension supporters even more.

Here's the Dec. 13 post on the latest Stanford study, "Stanford study pegs California pensions' shortfall at $500 billion."

Thumbnail image for Thumbnail image for 100831 calculator.JPGAlthough Congress has extended the reduced Social Security payroll tax for at least two months, state workers' wages will be withheld at a higher rate on their Jan. 1 checks for reasons that we explained in Thursday's State Worker column.

Those employees will receive a refund on their Feb. 1 checks, said Jacob Roper, spokesman for State Controller John Chiang.

But what about state workers who are going to retire at the end of this month and won't be around to receive a February paycheck? Several thousand employees will fall into that category, since nearly a quarter of state workers who retire each year do so at the end of December.

State workers who enter retirement in January will receive a payroll tax refund check from the state, Roper said.

PHOTO: www.freefoto.com

countdown 9.JPGThis is the second installment in a series of posts counting down the most-read State Worker blog items and columns of 2011.

We started fielding a few calls, emails and Facebook messages in late September from state workers wondering if furloughs might return. The reason: A provision in SEIU Local 1000's contract requiring employees take 12 unpaid leave days over 12 months would expire at the end of October. So would a corresponding no-furlough guarantee.

The state workers who contacted us wanted to know: Would Gov. Jerry Brown and the Legislature bring back furloughs once the leave program ended?

This Oct. 25 post explained why that wouldn't happen: "More state workers to return to full hours and pay"

California Common Sense has posted an adjunct "data transparency portal" supplementing this morning's Stanford study that estimates California's three biggest pension funds are carrying up to $485 billion in unfunded liabilities.

The CCS website allows users to parse the Stanford data by pension fund and by various metrics, including the one captured below that compares unfunded liabilities to general fund spending (excluding K-12 education and Health and Human Services).

This link opens the CCS website.

111213 CCS pension graphic.JPG

Stanford's Institute for Economic Policy Research has issued it's new report, "Pension Math: How California's Retirement Spending is Squeezing the State Budget." Click here for our previous post on the study.
Pension Math: How California's Retirement Spending is Squeezing the State Budget

100831 calculator.JPGThe Coalition of University Employees - Teamsters Local 2010 and the University of California have agreed to a new labor contract that trades raises for a new pension plan tier and higher employee contribution costs for current employees and future hires.

The deal covers more than 12,500 university clerical staff, marking the end of tough bargaining talks that started in 2008.

111212 BLS chart.JPGThe U.S. Bureau of Labor Statistics last week reported that:

Employer costs for employee compensation averaged $30.11 per hour worked in September 2011. Wages and salaries averaged $20.91 per hour worked and accounted for 69.4 percent of these costs, while benefits averaged $9.21 and accounted for the remaining 30.6 percent. Total employer compensation costs for private industry workers averaged $28.24 per hour worked in September 2011.

State and local government employers spent an average of $40.76 per hour worked for employee compensation in September 2011. Wages and salaries averaged $26.57 per hour and 65.2 percent of compensation costs, while benefits averaged $14.19 per hour worked and accounted for the remaining 34.8 percent. Total compensation costs for management, professional, and related occupations, which represent approximately half of all state and local government employment, averaged $49.37 per hour worked. Average hourly compensation costs were $30.86 for service occupations and $28.49 for sales and office occupations.

Click here for more info from the BLS Thursday report.

Thumbnail image for notebook-thumb-216x184-9328.jpgWe never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Our story today reports on CalPERS' problems with its new computer system, dubbed my/CalPERS, and its implementation, the Pension System Resumption Project. Since the system's startup in September, the fund has been slower to process death benefits claims for some members. The delayed payments have prompted some health insurance providers to take some members off their rolls for failing to pay their premiums -- which must be deducted from the death benefit payments).

CalPERS says it's giving the matter top priority and that no one is in danger of losing their medical coverage because of the computer problems.

Want to dig deeper? Here are some of the documents that informed the story:

The transcript of the CalPERS Board of Administration meeting on Oct. 19. The my/CalPERS discussion starts on page 48.

The transcript of the Nov. 16 CalPERS Board of Administration meeting. Scroll down to page 53 for my/CalPERS talk.

An Oct. 31 performance report on the transition from CalPERS' old patchwork computer system to the new one. We thought one of the metrics on page 2 was particularly interesting: "CalPERS reputation may be damaged if Judges and Legislators functionality is not properly implemented."

IMAGE: www.freeclipart.com

Thumbnail image for notebook-thumb-216x184-9328.jpgWe never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Want to dig more deeply into State Compensation Insurance Fund's agreement to pay up to $50 million in severance packages to exiting employees? Here you go:

The agreement between State Fund and SEIU Local 1000

The contract between State Fund and the "legally uninsured Departments of the State of California."

• The Nov. 9 SEIU Local 1000 "Union Update" flyer that explains how some employees at State Fund moved to avoid a layoff and then found out their jobs were in jeopardy anyway.

Our Oct. 9 story about State Fund layoffs.

As we reported earlier today, State Compensation Insurance Fund employees targeted for lay off can receive what amounts to severance pay if they volunteer to leave by Dec. 31.

Here's the 'transition package' State Fund negotiated with SEIU Local 1000:

California Pension Reform's Mike Genest has issued this statement about the LAO's review of Gov. Jerry Brown's pension proposals:

It is disappointing that the LAO omits the most critical flaw of the Governor's proposal: By his own admission his plan only solves $4-$11 billion of what is at least a $240 billion unfunded liability. While the Governor's plan has merits, it solves less than 5% of our problem. We need bold, comprehensive reform now and cannot continue to wait as politicians debate the issue and tinker around the edges.

California Pension Reform recently filed two ballot proposals with the attorney general's office for official title and summary. It hopes to start gathering signatures in January in hopes of qualifying one of the two measures for the November 2012 ballot.

The Legislative Analyst's Office has released an eight-minute video, embedded below, that sums up its review of Gov. Jerry Brown's pension reform proposal.

"We view Gov. Brown's (pension) proposal as a bold one, and one that should very carefully considered by the Legislature," says the LAO's Jason Sisney.

Still, he says, "we don't understand some key aspects" of Brown's proposals, particularly how putting new employees into a hybrid plan or pushing back new hires' qualifying retirement age would work.

The LAO also has questions about how pensions could be capped and notes that the unfunded liabilities of the CalSTRS and UC pension systems aren't addressed.

"In our view ... it doesn't really make a whole lot of sense to change all of these (UC and CalSTRS) benefits substantially and not think about how they're going to be funded into the future," Sisney says.

And, Sisney notes, the governor's plan is silent on retiree health benefits for local government workers.

Thumbnail image for 110224 dave low.JPGCalifornians for Retirement Security, a labor coalition representing 1.5 million state and local public employees, has issued a statement in response to this morning's LAO review of Gov. Jerry Brown's pension reform package.

Here's the statement emailed to media a few minutes ago quoting Dave Low, the coalition's chairman:

The LAO's mixed assessment of the Governor's pension proposals hits the nail on the head when it says that the Legislature should move forward in a deliberate and reasoned fashion to craft solutions to California's complex pension systems. There are far too many unanswered questions and lack of details to fairly and accurately evaluate the impact of these proposals. Those proposals that impair the negotiated benefits of current employees are a legal dead end. As the report points out, these are matters that should be settled at the bargaining table, not in courtrooms. We will continue to work in the upcoming Legislative session, just as we have for the past several years, to achieve the spirit of the Governor's reforms without taking a wrecking ball to the retirement security of California's teachers, firefighters, police officers, and other public workers.

PHOTO: Dave Low / Courtesy California School Employees Association

The Legislative Analyst's Office has published its review of Gov. Jerry Brown's pension plan, concluding that it is "a bold, excellent starting point" for changing public pensions, but that it also "leaves many questions unanswered."

In particular, we do not understand key details of how his hybrid benefit and retirement age proposals would work. Moreover, the Governor's plan leaves unaddressed many important pension and retiree health issues, including how to address the huge funding problems facing the state's teachers' retirement fund, the University of California's (UC's) significant pension funding problem, retiree health benefit liabilities, and other issues. In making significant changes to pension and retiree health benefits, we would urge the Legislature also to tackle these very difficult issues concerning the funding of benefits.

The report also cautions that Brown's plan to mandate current employees pay more toward their retirement accounts is a "legal and collective bargaining minefield." Ditto for suggestions by The Little Hoover Commission and others (not Brown) that current employees' accrued benefits could be frozen and then reduced going forward:

As we mentioned last month, November is the first pay period that exempt employees and workers covered by SEIU Local 1000 return to full hours and pay (which will show up on the Dec. 1 paycheck.)

We're still receiving a trickle of email and phone calls from employees who either haven't heard or don't believe it. So we're posting the highly technical proof: the Nov. 1 pay letter from the Department of Personnel Administration to the State Controller's Office. The key sentence:

The State Controller's Office will process an employment history mass update to delete
the Personal Leave Program (PLP) ... for rank-and-file employees in bargaining units 1, 3, 4, 11, 14, 15, 17, 20, and 21, as well as excluded, exempt, and statutory employees.

Here's the pay letter:

Editor's note, 11:33 a.m.: Due to incorrect information provided by California Pension Reform, an earlier version of this post indicated that full-career public safety workers would receive their full benefit at age 60 after 30 years of service under a defined contribution plan. The correct age is 58 for those workers.

Thumbnail image for Thumbnail image for 110815 Dan Pellissier.JPGCalifornia's current and future state and local employees would pay more for their pensions under two ballot initiative proposals submitted to the state attorney general today with the intent of putting one of them to a statewide vote next year.

"Seventy percent of voters think it's time," said Dan Pellissier, president of California Pension Reform, referring to public opinion polls on public pensions.

111026 Next Step Shoe.JPGSavings Plus, the supplemental retirement savings option administered by the Department of Personnel Administration, is hosting a "financial fitness fair" on Friday at the Sacramento Convention Center's third floor at 1400 J St. from 9 a.m. to 3 p.m.

Representatives from Savings Plus, CalPERS, and Social Security will be on hand. Visitors can talk with a retirement planner and a health fitness expert. Representatives from the offices of Senate President pro Tem Darrell Steinberg and Assemblyman Roger Dickinson.

TV and radio personality, financial advisor Kelly Brothers, will deliver the keynote address at 10 a.m.

Click "Fullscreen" at the bottom of the embedded agenda to get a better view.

2011 Sacramento Fitness Fair Agenda

111024 carson city seal.JPGA special legislative pension committee will hold the first of three hearings on Wednesday from 10 a.m. to 1 p.m. at the City of Carson council chambers, 701 East Carson St. in Carson.

The agenda suggests that this first hearing has plenty of pro-public-pension voices from labor, from Dave Low of California School Employees Association and Californians for Retirement Security to Terry Brennand, Senior Government Relations Advocate, SEIU California.

The city is going to webcast the hearing through its website, which you can access here.

Sitting on the committee: Assemblymen Michael Allen, D-Santa Rosa, Warren Furutani, D-Gardena and Jim Silva, R-Huntington Beach and Sens. Gloria Negrete McLeod, D-Chino, Joe Simitian, D-Palo Alto and Mimi Walters, R-Laguna Niguel.

The labor coalition Californians for Retirement Security is planning to hold a "Pension Truth Squad" press conference just before the hearing "to set the record straight about attacks on their pensions," according to a press release. The events serve to put a human face on the politically volatile pension debate by putting government workers and retirees to tell their stories before the media.

The coalition said that public workers will also testify at the hearing. Click here for the coalition's press release and advisory.

IMAGE: The City of Carson seal / http://ci.carson.ca.us

More than half the state workforce will return to full hours and pay starting next week.

The so-called "Personal Leave Program" ends Nov. 1 for the 95,000 employees covered by SEIU Local 1000 and another 30,000 excluded workers such as managers and supervisors.

The state sent paychecks to about 230,000 employees last month, according to the latest figures from the controller's office.

A little over one year ago, Local 1000 agreed to a contract that included one day of PLP per month for 12 months That agreement, which went into effect Nov. 1, 2010, also gave members a no-furlough guarantee during the PLP period.

Excluded managers and supervisors received similar terms via a memo issued by the Department of Personnel Administration.

Several blog users have asked if the end of PLP means that furloughs might return. Technically, it's possible, but we think it's extremely unlikely.

Thumbnail image for notebook-thumb-216x184-9328.jpgWe never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Here are links to the Department of Personnel Administration webpages that will lead you to the contract side letters that were the basis of today's report in The Bee. Click the "addenda on realignment for Bargaining Unit" link to open the documents.

Thumbnail image for notebook-thumb-216x184-9328.jpg
We never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

The new contract amendments discussed in our story in today's Bee share many details, but they're very different in the incentive payments they offer when employees transfer.

As of this writing on Tuesday, California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (Unit 2), Professional Engineers in California Government (9) and California Association of Professional Scientists (10) hadn't signed any contract amendments.

The California Association of Highway Patrolmen (Unit 5), the California Statewide Law Enforcement Association (7) and the California Department of Forestry Firefighters (8) don't have members who work for Corrections, so they weren't approached to amend their contracts.

Here are the incentive pay differences as spelled out in the various agreements signed with SEIU Local 1000 (Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20 and 21), California Correctional Peace Officers Association (Unit 6), International Union of Operating Engineers (12 and 13), Union of American Physicians & Dentists (16), California Association of Psychiatric Technicians (18) and American Federation of State, County and Municipal Employees (19).

SEIU Local 1000
Voluntary transfers to High Desert State Prison, California Correctional Center, Pelican Bay State Prison, or Salinas Valley State Prison: $5,000
Voluntary transfer to other institutions: $3,750
Involuntary transfer: $1,980

CCPOA--first layoff wave only
Transfers to High Desert State Prison or Pelican Bay State Prison: $7,500, drops to $3,750 after deadline set by CDCR
Transfers to Salinas Valley State Prison: $5625, drops to $3750 after deadline set by CDCR
California Medical Facility or California State Prison-Sacramento: $3,750, drops to $2,550 after deadline set by CDCR

CCPOA--second and subsequent layoff waves
Transfers to High Desert, Pelican Bay, or Salinas Valley: $3,750
Other institutions: $2,550

AFSCME, UAPD, CAPT, IUOE:
$3,750 for voluntary transfer
$1,980 for involuntary transfer

Thumbnail image for 100831 calculator.JPGOur Sunday story about the increased interest in CalPERS' additional retirement service credit and its impact on CalPERS member services unit didn't mention one way you can speed up the cost estimate process for everyone: Use one of the fund's online calculators.

Thumbnail image for 100831 calculator.JPGA new study by the Center for Retirement Research and Boston College refutes the notion that state and local government workers as a group end up a lot richer than their private sector counterparts.

The study used 1996-2006 data from the University of Michigan's Health and Retirement Study to examine whether state and local government employees are wealthier in their retirement years.

We've been fielding a steady stream of e-mails and phone calls since reporting last week on a proposal to add a union stipend to the union paid leave that SEIU Local 1000's president and three vice presidents receive.

The plan would set the president's combined state pay and the new union stipend at $150,000 per year. Vice presidents would receive their pay and enough stipend money to earn $125,000 annually. The proposal's author, Marie Harder, has said that the extra union payment wouldn't affect the four officers' state retirement, nor would it qualify them for SEIU's employee retirement plan.

We've heard enough reaction that it seems like a poll is in order:

Thumbnail image for 110713 lanny ebenstein.jpegUC Santa Barbara economics lecturer Lanny Ebenstein can begin collecting signatures for three ballot initiatives that would eliminate public employee collective bargaining, create higher tax rates for six-figure CalPERS and CalSTRS pensions and raise the retirement age for public employees in both systems.

The Secretary of State's office announced today that Ebenstein has until Feb. 3 to collect 807, 615 signatures from qualified voters for each of the measures to put them on a statewide ballot.

110816 CalPERS contract amendment types.JPGState workers will identify with this: More and more cities, counties and school districts in California are lowering retirement benefits to new hires and offering financial incentives for long-time employees to leave, according to a report discussed during CalPERS' board meeting this morning.

Still, nearly four dozen contracts increased benefits during fiscal years 2009-10 and 2010-11, although "(m)any agencies are currently seeking advice on potential cost saving measures to help them find financial relief from the market downturn and budgetary concerns," the report to the fund's Benefits and Program Administration Committee says.

100602 yolo county gavel.jpgThe California Correctional Supervisors Organization is suing to keep a retirement benefit for their members that it alleges the state has illegally eliminated. The organization represents managers and supervisors in the the California Department of Corrections and Rehabilitation.

The lawsuit, which is scheduled for hearing on Sept. 23, says that the state shouldn't have axed the Police Office Fire Fighter II retirement benefit for CCSO members when the Brown administration agreed with CCPOA to end the program. Under the so-called POFF II benefit, which was unique to CCPOA's contract, the state put money equal to about 2 percent of an employee's pay into a 401(k)-type fund.

As of Jan. 31, the plan had nearly 40,000 participants and $479 million in assets, according to CalPERS.

CCSO's lawsuit, filed in June, says that it was illegal for the state to unilaterally yank the benefit from its members. The state says that it gave CCSO a heads up but the organization didn't ask for a meeting to talk it over. And besides, the state says, the budget that lawmakers passed didn't carve out money to continue POFF II for CCSO members.

Click here to read CCSO's petition. This link opens the state's opposing response.

IMAGE: www.yolocourts.ca.gov

Thumbnail image for notebook-thumb-216x184-9328.jpg
We never get all of what we learn into a news story, but this blog can give users the data, the notes and the quotes from the notebook that informed what was published.

Here are a few items that informed our story in today's Bee, "Pension extension via 'airtime' becomes political target."

The CalPERS backgrounder on additional retirement service credit.

Assembly Bill 719, which authorized airtime purchases.

Our September 2010 blog post on the fund's airtime price hike.

Like some state workers in Gov. Jerry Brown's administration, all employees at the State Compensation Insurance Fund could eventually lose their free vehicles.

The quasi-public fund cut its vehicle fleet from 1,920 cars in December to just 982 cars at the end of June. Fund spokeswoman Gina Simons said the fleet would be cut to 150 vehicles by the end of this year.

Those remaining cars are part of a lease from Toyota through 2015, Simons said, and it will be allowed to expire.

"We are making sure our employees have the proper tools to do their jobs by managing transportation more effectively with a clearer line of sight that will enable us to more efficiently manage expenses," she said in a statement.

The fund had no estimates on how much it would save by cutting the fleet.

Fund officials began reviewing its vehicle policy last spring, shortly after the IRS launched an audit of vehicle use reporting practices by state employees at some state agencies. IRS rules require company cars to be listed as taxable income unless they are predominantly used for work.

Officials then announced it would cut the fund's fleet in half, leaving vehicles only in the hands of people who absolutely needed them for regular work travel. Eventually, they decided to get rid of the fleet altogether. Employees who used the cars, which were insured by the fund, also were furnished cards that could be used only to pay for gas and fund-approved car maintenance.

A group of nearly 400 attorneys belonging to the California Attorneys, Administrative Law Judges and Hearing Officers in State Employment union sued to keep their cars. Many of them say the fund officials promised them company vehicles as a benefit in exchange for taking low wages. However, the perk was never directly written into their contract, according to CASE attorney Patrick Whalen.

But worried about losing their cars, having to accept furloughs and make other concessions, the union added a new clause into their latest deal with the state that says CASE members at the fund "shall not be subjected to furloughs, Personal Leave Program and/or any other form(s) of compensation or benefit reductions while still working." The union is arguing that the vehicles count as compensation.

Whalen said many employees would not have bought homes far away from their job sites had they known they would have to pay for their own cars, insurance, maintenance and gas.

A judge decided last month that CASE must file a grievance before seeking a court remedy. The grievance process is expected to lead to an arbitration hearing in the early fall. The court document posted below has more details.

Filed Stipulation

The office of state Controller John Chiang has updated its salary database with pay, pension benefits and other compensation data for 256,222 state of California employees and another 123,406 California State University workers.

The site, which is updated weekly, also covers roughly 600,000 employees in California cities, counties and special districts plus elected officials at all government levels. The information, which is based on the 2009 calendar year, includes:

• Minimum and maximum salary ranges.
• Actual wages paid.
• The applicable retirement formula.
• Any contributions by the employer to the employee's share of pension costs.
• Any contributions by the employer to the employee's deferred compensation plan.
• Any employer payments for the employee's health, vision and dental premium benefits.

Individuals' names are not displayed on the website, which you can view by clicking here. You can see a list of government bodies that haven't provided information by clicking this link.

State workers, the clock is ticking for you to use or lose your Professional Development Days for the current fiscal year.

But since almost nothing is simple when it comes to California state government and human resources, there are some caveats. More about that in a moment.

Contracts negotiated first with former Gov. Arnold Schwarzenegger's administration and then with Gov. Jerry Brown allow two PDDs per fiscal year that must be used or lost. Simply put, If you're a state employee who hasn't taken your 16 hours of PDD leave by the end of Thursday -- with management approval -- the time vanishes. PDD can't be banked or cashed out.

Now for the fine print:

110621 Rx.jpgFrom today's Bee, in case you missed it:

Undaunted by allegations of fraud, CalPERS on Monday formally awarded a huge drug-benefit contract to CVS Caremark.

CalPERS chose Caremark even though the company is being sued by several former employees for allegedly defrauding the pension fund the last time it held the contract, nearly a decade ago.

Click here to check out the rest of the report by The Bee's Dale Kasler.

110617 Chiang at Capitol Bureau 2010 Amezcua.JPGWe've received about a dozen e-mails and three phone calls from state workers all asking the same question: Will lawmakers get paid for submitting a budget that Brown vetoed?

It all depends on what the state's checkwriter-in-chief decides. Controller John Chiang has set himself up as the arbiter for Proposition 25, the initiative that withholds elected state workers' wages (A.K.A. legislator's pay and per diem) if they fail to submit a balanced budget by June 15. While the measure doesn't name the controller as the person to decide whether the standard is met, the office has the power to cut paychecks -- or not.

That "pay role" is a powerful tool, as we saw when former GOP Gov. Arnold Schwarzenegger twice attempted to withhold state employees' wages to the federal minimum during budget impasses in 2008 and last year. In both cases Chiang defied Schwarzenegger and illustrated how his office can affect policy.

(In case you missed it, Brown dropped the lawsuit he inherited from the Schwarzenegger administration that sought to force Chiang's compliance.)

Brown and Treasurer Bill Lockyer, both Democrats, have said the budget passed by their own party is a sham. It's created pressure for Chiang, also a Democrat, to withhold the Legislature's pay and per diem in keeping with Proposition 25. Bee columnist Dan Walters weighed in today, saying, "If Chiang pays legislators, the rejected budget will look like a giant charade by Democrats to evade the law."

On Thursday, after Brown's speedy veto of the Dems' majority budget, the controller's office issued this release:

110531 police pay.jpgWe never get everything we learn into news stories about state employees. But State Worker blog users can get the notes, the quotes and the details from the notebook that informed our writing. This is the third in a series of posts spinning off "California Highway Patrol, prison officers compete for pay, respect," published on Tuesday.

Since our story about CAHP and CCPOA ran on Tuesday, we've received e-mails, phone calls and seen online comments that say California Highway Patrol officers' pay is linked to the five highest-paying law enforcement agencies in the state.

It's not.

Here's Government Code 19827 (a) (1), with the agencies used to benchmark wages for California Association of Highway Patrolmen:

Notwithstanding any other provision of law to the contrary, in order to recruit and retain the highest qualified employees, the state shall pay sworn members of the California

Highway Patrol who are rank-and-file members of State Bargaining Unit 5 the estimated average total compensation for each corresponding rank for the Los Angeles Police Department, Los Angeles County Sheriff's Office, San Diego Police Department, Oakland Police Department, and San Francisco Police Department. Total compensation shall include base salary, educational incentive pay, physical performance pay, longevity pay, and retirement contributions made by the employer on behalf of the employee.

Now look at the Bureau of Labor Statistics May 2010 list of highest-paying metro regions for police and sheriffs (above or click here). The top five are all in California, but three of those are areas without a department on the CAHP benchmark list including No. 1 San Jose-Sunnyvale-Santa Clara.

You can take a closer look at 2010 San Jose city police total compensation on this searchable employee pay database.

We never get all of what we learn into a news story, but this blog can give users data, notes and quotes from the notebook that informed what we published.

Our story in today's cyber/fiber Bee looks at the long-running competition between California's correctional officers and Highway Patrol officers for pay and respect. The story includes a chart that shows the current pay ranges for each occupation.

Several readers have called and e-mailed with the same question this morning: How much do people in other states earn for similar work?

The federal Bureau of Labor Statistics tracks that data, although it lumps local jobs with state jobs. The patrol class is part of police and sheriff's data. Correctional officers are grouped with local jailers. 

Depending on your point of view, it's a helpful comparison or an overbroad survey that fails to take into account factors such as California's relatively higher cost of living.

Here are a couple of BLS data tables that capture May 2010 pay, the most current information available. Clicking the links opens more tables and maps, on everything from metro area statistics to the national mean and median wages for each job group.

Top paying states for correctional officers and jailers:

State Employment Employment per thousand jobs Location quotient Hourly mean wage Annual mean wage
New Jersey 11,340 3.01 0.84 $32.01 $66,590
California 44,120 3.15 0.88 $31.49 $65,500
New York 34,310 4.11 1.14 $27.15 $56,480

Nevada

2,760 2.48 0.69 $26.81 $55,760
Illinois 11,990 2.17 0.60 $24.86 $51,700

Top-paying states for police and sheriff's patrol officers:

State Employment Employment per thousand jobs Location quotient Hourly mean wage Annual mean wage 
New Jersey 22,830 6.06 1.20 $38.13 $79,300
California 75,730 5.41 1.07 $37.16 $77,290
District of Columbia NA NA NA $32.48 $67,560
Illinois 30,110 5.45 1.07 $32.06 $66,680
Nevada 4,790 4.30 0.85 $31.66 $65,840


With just 400 to 450 words for our weekly State Worker column, most of what we learn each week never sees print. Column Extras give you some of the notes, the quotes and the observations that inform what's published.

Our column in today's Bee notes that the state's employer pension contribution for fiscal 2011-12 will run about $410 million less that it would have been without the higher employee contributions negotiated first by former Gov. Arnold Schwarzenegger and then continued in contract agreements negotiated by Gov. Jerry Brown.

What follows are CalPERS' actuarial estimates that show the exact figures. Note: The report was printed before Gov. Jerry Brown signed the measure with the last six contracts into law this week, so the third column, "With Increase in Member Contributions for All Agreements (Includes those not Ratified Yet)" actually includes the estimates of those newly-ratified deals:

CalPERS says a report issued last week that questions the sustainability of defined-benefit public pensions is "flawed" and that various fixes it considers are either inequitable or illegal.

The fund is firing back at "Comparing Public and Private Employee Compensation and Retirement Benefits in California," commissioned by the California Foundation for Fiscal Responsibility, a pension-change advocacy organization based in Citrus Heights.

The study by Capitol Matrix Consulting, a firm co-founded by former state Finance Department Director Mike Genest, says that California's state and local government employees' pay is roughly equal to counterparts' salaries in the private sector, but pension and health benefits push public workers' total compensation costs about 10 percent higher.

It considers several options proposed by the foundation to close that gap, such as eliminating health benefits for spouses and dependents of retirees when a retiree turns 65 .

CalPERS says the report makes flawed assumptions, uses flawed methods, lacks specifics and takes a race-to-the-bottom, anti-pension posture. The fund's reply is embedded below and was just posted on the CalPERS Responds website.
CalPERS' Key Observations of CFFR Study

110413 Portantino.jpgThe Assembly Appropriations Committee stalled a bill that would freeze the pay of non-union state employees earning more than $100,000 per year.

By putting the bill on the committee's suspense file, Democrats who run the committee can say it's still technically alive. But It's at least the seventh time such a measure has been bottled up.

Assembly Bill 7, authored by Assemblyman Anthony Portantino, D- Pasadena, originally prohibited the salary increases or bonuses for employees earning $150,000 or more per year. He told committee members this morning that he is amending the measure to lower the threshold another $50,000 to increase the state's savings. His office estimated the freeze, applied until Jan.1, 2014, would cut about $20 million from the government payroll.

Ken DaRosa of the Department of Finance said the savings would be "very nominal" given that relatively few state employees earn six-figure salaries and that the measure doesn't affect workers under binding labor contracts.

CalPERS and CalSTRS oppose the bill. CalSTRS says it would hurt fund investments by discouraging recruiting and retention. Investment managers generally make much more money in the private sector than working for public pension funds.

Portantino defended the measure as a money-saver that also sends a message.

"In time of budget deficits and high unemployment ... and deep budget cuts, it makes no sense to let CSUS administrators hand out bonuses or for investment officers at CalPERS to get bonuses," he said.

Assemblywoman Diane Harkey, R-Dana Point, said she wished that the measure extended to all state workers, but recognized that legal barriers prevent it. She also disagreed with the public pension funds' criticism and referenced their investment losses.

"I understand the competitiveness argument," she said, "but clearly some of the investment officers have been less than adequate."

Portantino's office issued this press release just a few minutes ago.

PHOTO: Assemblyman Anthony Portantino. http://democrats.assembly.ca.gov

Our Monday post about the new analysis of the tentative agreements for California's state scientists and engineers contained a paragraph about personal leave having cash value that needs some clarification:

The Department of Personnel Administration's savings estimates don't include a provision that it negotiated later with the California Correctional Peace Officers Association and then applied via a March 30 memo to the five units that reached deals with Brown. The provision gives cash value to personal leave program time.

The Legislative Analyst's Office came to that conclusion from a hand-written note in the Unit 6 tentative agreement signed by Department of Personnel Administration Director Ron Yank, pictured below: "DPA to issue PML giving PLP cash value. For you and any of the other five open b.u.'s with whom we reach a deal. You bet, Ron Yank."

Thumbnail image for 100831 calculator.JPGThe Legislative Analyst's Office has published its review of the tentative agreements reached with California Association of Professional Scientists and with Professional Engineers in California Government.

This review, like those before it, says that the administration has overstated the contract's cost savings for the current fiscal year and that the savings for 2011-12 are about 6 percent, short of the 8 percent to 10 percent in contract savings that Gov. Jerry Brown has said that he needs.

The Department of Personnel Administration's savings estimates don't include a provision that it negotiated later with the California Correctional Peace Officers Association and then applied via a March 30 memo to the five units that reached deals with Brown. The provision gives cash value to personal leave program time.

The analyst published its analysis of the contracts on Friday. That same day, DPA sent the CCPOA contract to the LAO for review. The analyst has 10 days to issue its review of the deal, although we expect it will finish earlier.

Here's the fiscal analysis of the contracts for units 9 and 10:

California's state attorneys union members have overwhelmingly ratified a new contract that runs through July 1, 2013. The deal now goes to the Legislature for a vote and, assuming at least two-thirds of lawmakers approve it, on to Gov. Jerry Brown's desk for a signature.

Officials with California Attorneys, Administrative Law Judges and Hearing Officers in State Employment said that 1,388, or 85 percent of the 1,631 ballots cast, supported the agreement.

The deal exchanges thrice-monthly furloughs for the union's members for a single unpaid day off each month for one year, starting today. It also increases what employees toward their pensions and introduces a top-step pay increase at the end of the contract matches the retirement contribution hike.

Only union rank and file who were full dues-paying members for least 45 days before today's tally could vote on the contract. CASE has been under the terms of an expired deal for nearly four years.

The union represents roughly 3,300 legal professionals, a little less than 2 percent of the state's roughly 200,000 unionized workers. Members of five other unions representing a combined 45,000 employees are voting on similar agreements reached with the Brown administration last month.

The contracts are part of the governor's plan to attack the state's budget deficit, now $15.4 billion for next year. The governor and lawmakers figured the 2011-12 budget would include union contract concessions equal to an 8 percent to 10 percent cut from previous contracts.

The nonpartisan Legislative Analyst's Office reviewed the CASE agreement and concluded that it saves the state about $3.5 million or about 3.5 percent. The analyst has reviewed three other recently negotiated contracts and figures that they also fall short of the state's savings goal.

110331 Compensation chart.JPG
A new report concludes that public-sector employees' compensation lags that of private-sector workers when education and experience are factored in. The trade-off: Public-sector jobs remain more secure, and health and pension benefits are generally better than in the private sector.

"Getting It Right: Empirical Evidence and Policy Implications From Research on Public-Sector Unionism and Collective Bargaining," by David Lewin, of UCLA's Anderson School of Management, and Thomas Kochan, of the Massachusetts Institute of Technology's Sloan School of Management, also includes research from a half-dozen professors from around the country who are part of the Employment Policy Research Network.

For example, the chart above comes from page 5 of the report, refers to work by Jeffrey H. Keefe, associate professor of labor and employment relations at the School of Management and Labor Relations at Rutgers University. His work countered Michigan Gov. Rick Snyder's claim that state employees there are overpaid.

Still, the paper recognizes that states face serious budget problems and that labor-management dynamics need to change. Among the researchers' suggestions:

  • Perform an evidence-based analysis of wages, benefit costs and funding arrangements for state employees.
  • Use the findings for state public-sector summit meetings to clarify and define the issues and problems that need immediate attention, and use problem-solving tools such as interest-based negotiations and mediation-arbitration to agree on statewide "grand bargains" that address the most critical budget problems and are fair to both taxpayers and employees.
  • Charge a broadly representative group to carry out evidence-based analysis to modernize public-sector collective-bargaining practices

The Assembly Public Employees, Retirement and Social Security Committee has approved a bill that would freeze the pay of state employees earning more than $150,000 per year.

Assembly Bill 7, authored by Assemblyman Anthony Portantino, D- Pasadena, prohibits the salary increases or bonuses for those higher-end employees until Jan.1, 2014, while they are employed in the same position or job classification.

The measure exempts unionized state employees and anyone "who occupies a classification that is deemed necessary to public safety and security by the Governor through an executive order, or a person whose salary is set by the State Constitution," according to this Assembly committee analysis.

Portantino's bill doesn't affect UC system employees, but, "(a)t a time when the University of California Board of Regents is raising student fees, it is imperative that they show leadership and fiscal responsibility for two years by not granting raises or bonuses for employees that make in excess of $150,000 per year," the bill says.

This is the seventh time Portantino has introduced pay freeze legislation. It now goes to the Assembly Appropriations Committee for another hearing.
Assembly Bill 7, introduced by Assemblyman Anthony Portantino, D-Pasadena

In case you missed it last week, Bee colleague Phillip Reese pulled some California data from the U.S. Bureau of Economic Analysis that shows state and local government employees' personal income fell 2.6 percent last year.

Construction workers took the biggest hit, with income down 10.4 percent. Personal income for employees in the finance industry dropped 2.2 percent.

Other industries saw pay increases, from manufacturing (up 1.8 percent) to technology (up 5.8 percent).

Click here to view Phillip's interactive graphic over at The Public Eye blog.

Hat tip to long-time Blog User K for the friendly reminder about this data.

Space limits our Thursday State Worker column to about 450 words, so much of what we learn in the ramp-up to writing it never sees print. Column Extras give you some of the notes, the quotes and the observations that don't make the cut.

We've been hearing some rumblings about the tentative agreement between Gov. Jerry Brown and California Attorneys, Administrative Law Judges and Hearing Officers in State Employment. The critics, nearly all of them SEIU-covered, are particularly upset over the deferred 4 percent increase for top-step employees at the end of the contract and the extra 1.73 hours of paid leave that the attorneys will accrue each month.

The deal negotiated by SEIU Local 1000 in October has a 3 percent deferred raise for the top step and no extra hours of paid leave each month. It's that 1 percent difference, plus the CASE deal's extra paid leave, that's prompting some SEIU-covered state workers to shoot some heated e-mails our way.

So what's the story? Did Brown throw a little extra something to the union that represents lawyers who not so long ago worked for the former attorney general? Is the CASE deal sweeter than the one negotiated by SEIU Local 1000?

Here's what sources familiar with the talks tell us:

maviglio.JPG
Get ready for some major public employee pension push back from Californians for Health Care and Retirement Security, the broad-based coalition of government worker unions chaired by Dave Low of the California School Employees Association.

The group has tapped Steve Maviglio, head of Sacramento-based Forza Communications, to speak up for civil service workers, starting with an open letter to lawmakers Tuesday afternoon, urging that they "protect retirement security for those who serve the public."

Maviglio brings to bear 30 years of political communications experience at the state, local and national level. In Sacramento, he's probably best known as the spokesman for former Gov. Gray Davis and Assembly Speakers Fabian Núñez and Karen Bass. Most recently, he was the spokesman for the group that successfully opposed Proposition 23, the November 2010 measure that would have suspended the state's greenhouse gas law.

The Maviglio hiring signals that the unions believe they need to raise their public communications game, particularly given the growing pressures on employee pay and pensions created by the state's deep -- and deeply divisive -- $26.6 billion budget deficit. The economy also has created a bit of a tailwind for groups looking to cut current public employees' pension benefits or severely limit public employee collective bargaining.

While such changes may be a political long shot in California, the fact that the ideas have entered the public discourse pushes out the boundaries of the pension/compensation reform debate.

And if voters don't approve Gov. Jerry Brown's tax extension plan to help close part of that shortfall, it will be Maviglio's job to shape the message that keeps government workers' pay and pensions from being ripped apart in the political storm that will undoubtedly follow.

PHOTO CREDIT: Steve Maviglio testifies before the Senate Rules Committee on Wednesday, January 7, 2004. Sacramento Bee/ John Decker

As Bee state pay database guru Phillip Reese notes in this lead story, both the number of state employees and the state's payroll cost fell last year.

So what's been happening in other states? The National Association of Governors and the National Association of Budget Officers surveyed state employee compensation changes in fiscal 2011. The results are contained in last year's "Fiscal Survey of the States." It notes that 27 states planned to reduce full time positions this year and 24 states said that they would be laying off employees. Several states reported declines in employee salary from furloughs, while other states said they were nixing cost of living or merit pay increases.

You can download the 84-page document here, although we've split out the five pages that focused on employee pay and benefits changes and embedded them below:

The Fiscal Survey of the States: State Employee Compensation Changes, Fiscal 2011

Today's online Q&A (click here for the replay) included many questions about the future of furloughs under Gov. Jerry Brown. It's a huge issue: About a third of unionized state employees in six bargaining units are still taking a three-day-per-month furlough hit to their pay.

Many state employees hoped that Brown would immediately end the policy-- which his election campaign criticized -- once he became governor.

The budget that Brown offered on Monday, however, assumes the policy will continue. Here are two key paragraphs from the employee compensation and retirement summary, which you can download by clicking here. We've underlined the sentence that touches on furloughs:

CalPERS says it's partnering with the University of California San Francisco to study health complications that could be avoided with better care. CalPERS says in this announcement that so-called "potentially avoidable complications" account for nearly 25 percent of U.S. private sector health care costs.

The one-year pilot program starts this month with university researchers examining chronic conditions, surgeries and acute medical events involving CalPERS members in the PERSCare, PERS Choice and PERS Select health plans.

The goal is to figure out how to cut down on avoidable health complications, which will drive down costs and improve the well-being of those who need medical care.

Click here for a September CalPERS Health Benefits Committee agenda item that analyzes the pilot program's advantages and disadvantages. CalPERS staff supported the project.

This is the next in a series of posts looking back at the most-read State Worker blog posts and columns.

Gov. Arnold Schwarzenegger usually let surrogates handle the dirty work of talking about furloughs, but on a few occasions he addressed the controversial policy himself.

countdown 9.JPGBut at an Aug. 3 appearance before the Central California Hispanic Chamber of Commerce in Fresno, someone (probably a state worker) asked the governor, "Why did the state workers have to bear the brunt of fiscal mismanagement? When do we get our money back? When will the furloughs end?"

Schwarzenegger cut loose with a lengthy extemporaneous statement about furloughs that included his assertion that state workers "don't take on an extra burden," especially compared with private-sector employees who have lost their jobs.

Our post that afternoon included a transcript and audio clip of what Schwarzenegger said. It quickly drew hundreds of comments. Click here to read Schwarzenegger: "We're not taking anything away from any state employee."

101130 oversight and outcomes logo.jpgA new report blasts the "questionable wisdom" of giving guns and cars to lawyers and auditors at the Office of Inspector General and classifying them as peace officers.

We touched on the policy in last week's State Worker column
, noting that the OIG has started relieving some employees of their firearms and going from take-home cars to a motor pool system. But the office isn't changing anyone's peace officer status.

Today's highly critical 53-page report, published by the Senate Office of Oversight and Outcomes, goes into more detail and recommends that the state re-examine whether lawyers and inspectors should get the guns, cars and pensions that police and firefighters receive.

We found that the peace-officer designation stems from the unsupported premise that OIG staff must be prepared to stave off violence and wield weaponry. In reality, such actions seldom if ever arise in these job categories. We also found that OIG uses peace officer perquisites - generous pensions and take-home state cars - to attract and retain its professional team of lawyers and auditors.

Among the report's findings:

President Barack Obama has announced a two-year pay freeze for federal employees through 2012.

According to the administration, the pay freeze will save $2 billion for the remainder of fiscal 2011, $28 billion over the next five years, and more than $60 billion over the next 10 years. It will apply to all civilian federal employees, but not military personnel.

Obama's announcement follows this Nov. 10 report by USA Today that ten times the number of federal workers earn $150,000 or more annually compared with five years ago and doubled since Obama took office.

Click here to read the administration's press advisory, which was embargoed until 11 a.m. Pacfic Time today.

From January 2009 through September of this year, California's state government hired or promoted employees to 477 career executive positions, according to figures provided by the State Controller's Office.

All but two of those jobs were full-time. The median monthly pay for employees assuming those posts: $8,616. The average monthly pay: $9,129.

The pace for executive hires and promotions in calendar 2010 quickened compared with 2009. Last year the state placed or promoted 230 employees into executive jobs, compared with 246 in the first nine months of this year.

Of those hired or promoted in 2010, 14 became effective on or after Schwarzenegger Cabinet Secretary Scott Reid clamped down on hiring.

Some of the increased executive hiring and promotions may be a result of a state worker rush to retirement prompted by furloughs, recent increases to employee pension contributions or demography. For example, a state audit last year estimated the government could lose 13,000 managers and supervisors to retirement by 2016, close to half of the employees at that level.

Click here to download the controller's numbers.This document defines the various columns of data on the spreadsheet.

CalPERS is making several changes to its member health plans, according to this Wednesday press release:

Beginning in 2011, CalPERS will eliminate lifetime and annual dollar limits for speech therapy, physical therapy and occupational therapy. Those benefits will be converted to 24 visits per year, based on medical necessity. The cost impact of making these changes is less than one-tenth of a percent for each area, in large part due to CalPERS long-standing commitment to prevention and wellness as an integral part of health care. Lifetime limits for hospice care for PERS Choice, PERSCare, and PERS Select plans will be removed.

CalPERS will also eliminate co-payments for certain commercial and Medicare health plan preventive services beginning in 2011. Increases in Medicare Part B payments to providers will pay for Medicare initial and annual preventive services and wellness visits according to federal guidelines.

The fund also is making changes to some preventive and wellness services to comply with federal health care law that goes into effect in January.

Click here to read the CalPERS release.

101117 Pew pension map.JPG Editor's note, 2:40 p.m.: The Pew map shows legislative changes to pensions tracked by the National Conference of State Legislatures. It doesn't include recent contractual changes mandated for exempt and excluded employees or union contracts ratified by the California Legislature that require that state workers make increased contributions to their pensions.

State pension rollbacks have gained momentum nationwide, according to a report released this morning by The Pew Center on the States.

"Roads to Reform: Changes to Public Sector Retirement Benefits Across States," notes that in the first 10 months of this year, 19 states moved to reduce their pension liabilities by cutting benefits, upping employee contributions or both. Last year, 11 states made similar changes, up from eight in 2008.

As the map above from the Pew report shows, 39 states have cut their pension costs in some fashion since 2001. This link opens an interactive map that shows the last decade of changes year by year.

States also are changing retiree health benefit plans, the report notes: "All these states have acknowledged that the costs they face for these benefits have diverged from what they have been willing or able to pay and have started to take the steps to bring them back in line."

Pew's report, which you can read by clicking here, also includes state-by-state summaries of pension and retiree health benefits changes.

Editor's note: An earlier version of this post included a Scribd display of the SEIU Local 1000 announcement. For purposes of easier readability, this version links directly to the announcement on the local's website.

SEIU Local 1000 has hired Nolice Edwards as its new chief of staff. Union President Yvonne Walker announced the decision in the following memo.

The memo, which you can read here, doesn't disclose what the union is paying Edwards, who earned $190,000 in 2009 as Assembly Speaker Karen Bass' chief of staff.

We've asked the local how much Edwards will make in her new post, but it's not a government job, so SEIU isn't obligated to disclose the information. Still, union spokesman Jim Zamora said he would check. If he comes back with an answer, we'll update this post.

Thumbnail image for Thumbnail image for notebook-thumb-216x184-9328.jpg"From the notebook" posts give State Worker blog users some of the details and documents behind the news.

Our story in today's Bee looks at the deal worked out to allow federally appointed prison medical receiver J. Clark Kelso to keep his state employee status while working at the pleasure of U.S. District Judge Thelton Henderson.

The story explains how Kelso is a consultant to the Administrative Office of the Courts for payroll purposes. The arrangement allows him to maintain independence from the executive and legislative branches of government -- key to his role as the federal appointee tasked with reforming the state's prison medical system -- while continuing his membership in CalPERS as a state employee.

Click here to read several documents that informed this story, including the receiver's employment agreement between the Administrative Office of the Courts and the nonprofit California Prison Health Care Receivership Corp., Henderson's order appointing Kelso as the receiver, Kelso's biography and two letters from Henderson to the AOC about the deal.

One of Kelso's former employees, Linda Buzzini, asked CalPERS to count her employment as a receivership staff attorney toward her CalPERS pension. The fund denied her request. This link downloads CalPERS' 10-page response, which was copied to Kelso and CalPERS CEO Anne Stausboll.

Confusion reigns.

From the top of Caltrans down to rank-and-file employees, there appears to be some disagreement about the state's furlough policy next month and thereafter, particularly the status of workers represented by SEIU Local 1000.

Here's the deal, which we'll explain in more detail in a moment:

If your bargaining unit has a current contract or is in the midst of a ratification vote on a new contract, three-days-per-month furloughs are over for you. If you're a manager, supervisor or other non-union employee, you're off the three-day furlough plan, too.

Now, about that confusion.

Constitutional-department workers whose unions are without a contract will begin furloughs on Nov. 2, under the terms of a memo just released by the Department of Personnel Administration.

The furloughs will continue, according to the memo, until

Legislative approval of a new Memorandum of Understanding with these bargaining units that addresses the subject of furloughs; or

Certification by the Director of the Department of Finance that there is sufficient cash to allow the State to meet its obligations to pay for critical and essential services to protect public health and safety and to meet its payment obligations protected by the California Constitution and federal law.

It's not clear whether the constitutional officers who opposed previous furlough orders will comply with this new order. Gov. Arnold Schwarzenegger sued those officials, including Attorney General Jerry Brown, Controller John Chiang and Treasurer Bill Lockyer, to submit to the order. The constitutionals lost and appealed the ruling. The case is still active in Sacramento's 3rd District Court and may have some bearing on how the constitutionals respond to this afternoon's furlough memo. The State Worker couldn't reach officials this evening for more details about the policy or the status of the constitutionals' appeal.

The policy is one of many explained in three Personnel Management Liaison memos that detail changes to retirement contributions and pension formulas, furloughs, the new personal leave program, step raises and more.

The California Department of Corrections and Rehabilitation is planning to eliminate 31 dentist jobs early next year.

The State Worker learned of the decision from this notice to members of the Union of American Physicians and Dentists and confirmed it with CDCR spokeswoman Terry Thornton.

The target date for the layoffs is Jan. 14. A total of 93 notices went out last month. Corrections has 294 prison dentists on staff.

Thumbnail image for 100625 CDCR logo.JPGWhile the UAPD note says that layoff warning notices went out, it doesn't mention that the department is going to hire dental hygienists to perform the routine cleanings and examinations. "We currently have just two hygienists in the entire system," Thornton said.

At $15,183 per month, a CDCR dentist earns more than three times the $4,763 hygienist monthly wage. The department plans to hire enough of the lower-salaried professionals to get the ratio down to 2000 inmates per each hygienist -- roughly two hygienists per dentist. That will free up prison dentists to focus on higher-level dental care.

Thornton said that the courts have signed off on the plan.

UAPD is one of six unions that reached new labor agreements with Gov. Arnold Schwarzenegger last summer. The deal, which shields members from furloughs and minimum wage in exchange for pay and benefits concessions, doesn't include layoff protections.

IMAGE: www.cdcr.ca.gov

Thumbnail image for Thumbnail image for 100609 gavel.jpgAs we reported last week, look for the Department of Personnel Administration to issue details on state employee compensation changes that the Legislature passed in budget bills earlier this month.

And then look for a new round of union lawsuits to follow.

The Santa Monica-based Milken Institute has released a report that says the aging public employee population's increased draw on pensions as baby boomers retire, combined with growing demands for educating the state's children in the coming years, is putting California in a fiscal vise.

The researchers also conclude that raising employee contributions will be less effective over time because the ratio of actively contributing members to benefit recipients will continue to decrease.

"Addressing California's Pension Shortfalls: The Role of Demographics in Designing Solutions," which Bee's Dan Walters writes about in more detail in this Capitol Alert post, comes just two days after the release of another study that concludes state public employees aren't overcompensated compared with the private sector. Click here for our post about "The Truth about Public Employees in California: They are Neither Overpaid nor Overcompensated."

Thumbnail image for 100609 gavel.jpgOne stage of the 2-year-old court battle between Gov. Arnold Schwarzenegger and Controller John Chiang ended this morning with a simple two-word post on the 3rd District Court of Appeal's website: "Case complete."

Thumbnail image for Thumbnail image for 100609 gavel.jpgWith all of the historic events of the last two weeks -- action on the state budget, the SEIU labor deal and the California Supreme Court decision on furloughs -- we almost forgot about another high-profile issue that's not yet resolved: state worker minimum-wage litigation.

Sacramento Superior Court Judge Patrick Marlette has scheduled Endsley v. Chiang for oral argument on Jan. 7. If Marlette's past decisions on furloughs and minimum wage are a guide, he'll issue a tentative decision ahead of the January hearing and then, unless an argument changes his mind, he'll quickly issue a final decision.

Thumbnail image for Thumbnail image for Thumbnail image for marlette.jpgBetween now and then, there's a Nov. 29 "evidentiary proceeding" during which witnesses will testify, possibly for an entire week. Each side will then submit more documents to Marlette, which he'll consider in the days leading up to oral arguments.

legislation.jpgA week after lawmakers passed bills making sweeping changes to state employee pay and benefits, state officials still don't know exactly what the new legislation means.

Here's why: Gov. Arnold Schwarzenegger left the country after signing the main budget bill (which authorized him to continue furloughs for employees in unions without contracts), but he didn't sign the trailer bills containing employee compensation particulars, such as changes to pensions.

Apparently, those measures weren't rushed through the vetting and proofing process for his signature.

But the bureaucracy, like nature, abhors a vacuum. So in the absence of clear information from the administration, at least one well-intentioned department sent out some incorrect info to its employees about what the budget's passage means to its employees.

After we reported the confusion in our weekly State Worker column and posted the erroneous department memo and a subsequent retraction, the Department of Personnel Administration issued this e-mail Thursday afternoon:

101014 john wagner.jpgSpace constraints limit our State Worker column on Thursdays to roughly 425 words, so much of what we learn in the ramp-up to writing never sees print. Column Extras give State Worker blog users more information -- the notes, the quotes and the documents that inform the weekly feature.

Our column in today's fiber/cyber Bee looks at one small sliver of state government, the Department of Social Services, and how a well-intentioned Monday e-mail from Director John Wagner illustrates confusion, even at the highest levels, over how the 2010-11 budget and state employee furloughs.

Click here to read Wagner's Monday memo to the troops. Here's the text of the e-mail issued on Wednesday to reel in the incorrect info.

Two union sources have told The State Worker that, as we reported earlier today, the Schwarzenegger administration has told labor leaders that furloughs will continue for bargaining units without contracts through June 30, 2011.

The administration informed the unions this afternoon. It doesn't know yet whether the policy will be formalized via executive order or some other means, one union source told us, and it's not clear when the formal announcement will be made.

The 2010-11 budget contains language that allows the governor to use "reductions in employee compensation achieved through the collective bargaining process or through existing administrative actions for represented employees and a proportionate reduction for nonrepresented employees (utilizing existing authority of the administration to adjust compensation for nonrepresented employees) in the total amounts of $896,000,000 from General Fund items and $661,000,000 from items relating to other funds."

The words, "existing administrative actions," is legislative code for furloughs for unionized workers in BUs that don't have a contract.

Several dozen blog users have sent the following questions our way, in one form or another, about the SEIU Local 1000 tentative agreement:

Will the terms of the SEIU agreement affect all of its members? Including its members at the agencies that have never been affected by furloughs? (Mainly constitutional agencies.)

The SEIU tentative agreements affect everyone in each bargaining unit, regardless of where they work. If voting members ratify the deal, it's "Hello, 12 unpaid days off," for employees working under constitutional officers, at State Compensation Insurance Fund and other currently furlough-free departments, just like everyone else.

Our guess -- and this is just a guess -- is that it's unlikely that workers covered by the TA and who work in constitutional agencies and departments will have to take any make-up furlough time. Why? Because the governor used his line-item veto power to cut the constitutionals' budget by amounts equal to the payroll savings from furloughs. Reaching back to impose furlough makeups -- or imposing them now -- would be a sort of budgetary double-jeopardy.

However, we've asked the Department of Personnel Administration its position. We'll let you know what they say.

If the contract is effective July 1, 2010 then how will we make up the 3 percent increase in our pension payments for July, August, September, October, and November? Will they pro rate the increases for those months over a period of time?

The increased pension payments start the pay period after the deal is ratified. The rate won't be prorated to make up for lower contributions at the start of the 2010-11 fiscal year.

Here's part of an e-mail that typifies dozens we've received since midnight on Wednesday:

In reading the information about the contract I could not help but wonder, "What the heck is a professional development day?" Are they personal holidays to cover the two lost days?

Whatever you do, don't call them "personal holidays" -- although that's essentially what they are.

The administration says that employees can take PDDs (just what the state needs, another acronym) just like vacation time. But there's an expectation (wink wink) that the time away from work will be used to pursue professionally enriching activities. The state won't track how the time off is used.

The SEIU deal that went down in flames last year was rejected by GOP legislators in part because of a provision that added two floating personal days that replaced the Columbus Day and Lincoln's Birthday holidays that the MOU erased.

The trade-off outraged several Republicans, we've been told, even though the change would have saved the state some money by cutting down on the number of premium pay days.

Two important differences between PDD and other forms of personal paid leave: Professional development days have to be used each year or lost, and they accrue no cash value.

Gov. Arnold Schwarzenegger has ordered compensation cuts for state managers and supervisors that mirror those in the tentative labor contracts reached with SEIU Local 1000 and six other unions.

From the administration's press release:

Governor Arnold Schwarzenegger today issued Executive Order (EO) S-15-10 directing the Department of Personnel Administration to adopt a comprehensive plan to reduce employee compensation for non-represented state employees, including supervisors and managers; non-statutory exempt state employees; and statutory exempt employees. The plan shall be similar to the recently negotiated contract agreements with seven unions including increasing employees' monthly pension contribution and a 12-month personal leave program where salaries will be reduced equal to one day of pay per month. It will also roll back retirement formulas used to calculate pension payments for new employees to pre-1999 levels.

The administration says that the order affects 35,000 employees. All told, 167,000 union and exempt workers are now under new working terms (or will be, assuming all ratify their tentative agreements). Unions representing another 63,000 state workers haven't accepted contracts with concessions.

We've asked the administration how many employees the order will impact. We'll update this post when we find out.

Click here to read Executive Order S-15-10.

Thumbnail image for 100906 stethoscope.jpgWith the Oct. 8 deadline for CalPERS health program open enrollment nearing, it's worth noting that federal law now says that qualifying adult children of workers covered by medical insurance can be carried on their parents' plan until age 26.

Until now, the cut off for dependent coverage was 23, earlier if they married. The Patient Protection and Affordable Care Act extends that another three years and ends the marriage disqualification. However, as this paragraph from CalPERS' open enrollment press release explains, qualifying dependents who lost coverage or will soon lose it must be added back to their parent's plan to be covered next year:

(Federal health care reform) extended the coverage of adult children from age 23 to age 26. CalPERS health plan participants' adult children lost, or will lose, coverage by reaching age 23 by November 30, or due to marriage. Those members must take action during Open Enrollment to resume coverage for those dependents up to age 26 and coverage will resume effective January 1, 2011. Dependents dropped from coverage will not be automatically added back to the health plan. Coverage for any dependent turning age 23 December 1, or after, will automatically be continued.

This change isn't limited to CalPERS members -- it applies to all health insurance plans -- and there are some strings attached. (For example, you can't currently add a 23- to 26-year-old dependent if he or she works for an employer that offers health insurance.)

Click here for our earlier post with links to more details about CalPERS' open enrollment. The press release referenced above also has CalPERS' contact info for anyone who needs open enrollment guidance.

IMAGE: www.freeditigalphotos.net / jscreationzs

A Sacramento Superior Court judge has ruled that Gov. Arnold Schwarzenegger's and the Department of Personnel Administration's refusal to recognize Lincoln's Birthday and Columbus Day as state paid holidays violated collective bargaining laws.

In the same decision, Judge Timothy Frawley said that overtime rule changes enacted by the Legislature and enforced by the administration were legal.

Today's decision affects about 105,000 state workers represented by unions that were party to the lawsuit: SEIU Local 1000, California Association of Professional Scientists and California Association of Psychiatric Technicians.

Frawley's final writ is pending, but CAPT attorney Steve Bassoff said that the decision means that state workers in bargaining units covered by those unions will get whatever holiday compensation is owed to them for time worked on Columbus Day last year or Lincoln's Birthday this year.

"Whatever their contract provides for, that's what's in effect," Bassoff said this afternoon.

The unions acknowledged that lawmakers and Schwarzenegger changed state law last year to eliminate Columbus Day and Lincoln's Birthday as paid holidays. They also acknowledge that their contracts expired long before the holiday legislation.

But the three unions told Frawley that the Dills Act, which spells out state labor contract rules, keeps the provisions of expired contracts in place until new terms are negotiated. They argued that the administration's actions -- which included disciplining anyone who continued treating the holidays as a paid day off -- violated the law.

SEIU President Yvonne Walker flatly told members last fall that, "October 12, 2009, is a holiday and employees should not come to work."

Frawley agreed that lawmakers didn't supersede the Dills Act with last year's holiday legislation. Since the union contracts specified Columbus Day and Lincoln's Birthday were paid days off, the compensation terms for those days remained in force.

Today Walker said, "It's unfortunate that these questions had to be asked and litigated.
at a significant cost to the state, especially when it didn't need to happen."

Walker predicted that the administration will appeal, "no doubt."

The State Worker has contacted the administration for comment. It's not clear what the administration's position will be regarding Columbus Day on Oct. 11.

An administration appeal would automatically freeze any back wage payments to state workers and could allow the state to continue the no-holiday policy while the case runs through the court system. The unions could ask the court to go ahead with paying state workers while the case is appealed.

Frawley's ruling covers Columbus Day holidays and Lincoln's Birthday holidays denied since February 2009. His ruling for CAPT excludes holidays occurring after July 1 of this year, since the union has agreed to a contract from that date through July 2012 that eliminates both holidays.

The judge sided with the administration's position that changes to the law that eliminated counting leave time toward the threshold for overtime was legal. That change was part of the same legislative package that eliminated the two paid holidays.

Space constraints limit our State Worker column on Thursdays to roughly 400 words, so much of what we learn in the ramp-up to writing never sees print. Column Extras give State Worker blog users more information -- the notes, the quotes and the documents that inform the weekly feature.

Part of today's State Worker column looks at a new report on the impact of wage information on employees. The research used The Bee's state worker pay database to gauge how knowledge of colleagues' pay affected workers at University of California campuses in Los Angeles, Santa Cruz and San Diego.

Click here to read the report by researchers David Card, Alexandre Mas, Enrico Moretti and Emmanuel Saez.

100909 airtime.JPG
State workers would pay thousands of dollars more to purchase service credits under a policy change that CalPERS leaders will consider next week.

The fund's Board of Administration is looking at immediately raising the cost of Additional Retirement Service Credit Purchases, or "airtime," by up to an average of 23 percent for state workers. The table above, which comes from this CalPERS staff report, shows how the proposed increase would affect the state's miscellaneous employees in various age groups who make $50,000 per year.

When legislation passed during the 2003-04 legislative session made airtime available to CalPERS members, the assumption was that many employees would purchase service time mid-career. That would allow the employees' money to grow until they retired and then drew against the funds.

It didn't happen. After studying CalPERS member retirement patterns and service-credit purchases over a 10-year span, the fund's staff found that members bought airtime shortly before retiring, which meant the added contribution had little or no time to grow before being drawn down.

That's why CalPERS' staff ...

100906 stethoscope.jpgReminder: CalPERS health plan open enrollment starts on Monday and runs through Oct. 8. This page has plenty of links to the pertinent info, including this open enrollment newsletter with details about how to enroll or change your health plan.

IMAGE: www.freeditigalphotos.net / jscreationzs

Thumbnail image for Thumbnail image for 100715 Senate Logo.jpgAssembly Bill 1699, which aimed to make state worker payroll a continuous appropriation, failed to get two-thirds of the state Senate vote needed to pass on Tuesday, the last day of the legislative session.

The measure fell four votes shy of the 27 it needed in the 40-member upper house, with 10 senators voting against it and six senators failing to vote. One seat in the Senate is vacant. Click here to see a list of how the lawmakers voted.

Assemblyman Ed Hernandez, D-West Covina, authored the bill. State employee unions had rallied behind it since it would have shielded state worker pay from being withheld during a budget impasse. Senate Democrats tried to pry loose Republican opposition by amending the bill to confer continuous appropriation status on payments to businesses that provide goods and services to the state during a budget impasse.

Hernandez put up similar legislation earlier this year, but the Senate blocked it. The state employee unions, particularly the scientists and the engineers groups, have been pushing for years to get the law changed.

We expect the legislation to resurface during the Legislature's next session.

103116508JS002_GOV_SCHWARZE.JPGOver at our sister blog, Capitol Alert, Bee Capitol Bureau colleague Keven Yamamura has a report on Gov. Arnold Schwarzenegger's comments about public employee unions at an event in Goleta.

Here's the top of Kevin's report:

The closer Gov. Arnold Schwarzenegger gets to leaving office and the longer the budget stalemate drags out, the more frank he seems to become.

Speaking today at the Goleta Valley Chamber of Commerce, the Republican governor had no qualms about attacking public employee unions, whom he blamed for high costs everywhere in government.

In a perfect Schwarzenegger world, courtroom cameras would replace court reporters, courthouses would use private security guards and schools would hire local gardeners rather than union employees to mow the lawn.

Click here to read the rest of, "Schwarzenegger shoots from the hip with business leaders."

PHOTO CREDIT: Gov. Arnold Schwarzenegger speaks Aug. 6 in Santa Clara in front of a chart showing the difference between public and private sector job losses during a two-year period. (Photo by Justin Sullivan/ Getty Images)

Thumbnail image for Thumbnail image for 100715 Senate Logo.jpgFurlough court fights have dominated the news, but don't forget that the Legislature is considering several bills of keen interest to state workers, including ...

MOU bills: The State Worker has calls out to the Legislature regarding Senate Bill 846 and Assembly Bill 1592. The two bills cover labor agreements reached with bargaining units 5, 8, 12, 16, 18 and 19. They're in the final stages of legislative action before going to Gov. Arnold Schwarzenegger's desk for his signature.

Furlough time that state workers have on the books can now stay in the bank indefinitely, according to a memo issued Thursday by the Department of Personnel Administration.

PML 2010-015 outlines the well-known details of Gov. Arnold Schwarzenegger's latest furlough order: The policy reduces state workers' pay by an amount equal to three days per month with most employees taking off commensurate time off the second, third and fourth Fridays. Several departments, union bargaining units and a few employee classifications also are exempt.

Then, at the bottom of the second page, this two-line paragraph:

The Department of Personnel Administration sent a draft pay letter to the State Controller's Office on Wednesday that defines the specifics of Gov. Arnold Schwarzenegger's furlough order.

The SCO will return the letter with appropriate codes filled in. DPA will then issue the final document.

Click here and here to read the furlough pay instructions.

Thumbnail image for 100602 yolo county gavel.jpgOn a related note, SEIU Local 1000 plans to ask Alameda Superior Court Judge Steven Brick for a temporary restraining order to stop furloughs until a full hearing can be scheduled to debate the policy.

The TRO request will be heard Monday, the union says. The first "Furlough Friday" under the new executive order is set for Aug. 13.

Local 1000 also has a lawsuit before Brick that seeks to expand the number of "special fund" departments that the union says should be exempt from furloughs. Click here to read more about it.

Wednesday's order to resume furloughs next month essentially doubled-down Gov. Arnold Schwarzenegger's bet that he has the authority to impose unpaid days off on state workers. It's also a high-stakes gamble that the policy will wring concessions from state labor unions and squeeze the Legislature, now seven weeks late on passing a budget, to craft a deal that includes significant reductions to employee pensions.

Will it work?

Correction: An earlier version of this post included psychiatric technicians as a group that will work on a self-directed furlough schedule. Psychiatric technicians are exempt from furloughs under the terms of Gov. Arnold Schwarzenegger's latest furlough order. We regret the error.

Thumbnail image for Thumbnail image for 100715 Senate Logo.jpgWelcome to Day 30 without a 2010-11 state budget. Here's one way to think of the delay's cost to state workers:

The Schwarzenegger administration figures that each day that the state goes without a budget costs the state another $50 million. That means as of today, the state has burned through $1.5 billion due to legislative inertia.

The Legislature has been on paid vacation this month.

assembly seal.gifCoincidently, the furlough program ordered by Gov. Arnold Schwarzenegger lops off just about $50 million in state payroll costs for every day that the 156,000 workers impacted by it take an unpaid day off. (Many employees such as correctional officers will work full schedules, take the pay hit but may have to defer the time off, depending on departmental needs.)

In other words, it would take 10 months of furloughs just to make up for cash burned through by lawmakers' budgetary procrastination.

ha_state_worker51272.JPGEditor's note: This post has been changed to specify the departments excluded from the governor's furlough order. It also clarifies payroll cost savings from furloughs last year.

Less than one month after ending furloughs for about 200,000 state workers, Gov. Arnold Schwarzenegger this morning brought back a scaled-down version of the policy, effective Sunday.

The governor made the decision this week after Controller John Chiang said that unless lawmakers enacted a budget soon, the state's cash would go into the red by October. Chiang said he'll start issuing IOUs in August or September to conserve funds as long as possible.

"We have a fiscal crisis," Schwarzenegger spokesman Aaron McLear said this morning as he explained the new furlough order. "We're doing what we have to do to conserve cash."

Like the policy that ended June 30, the governor's new executive order requires employees take three unpaid days off per month. The administration figures the payroll savings will amount to $147.2 million per month, about $80 million of that from the general fund.

But unlike the earlier policy, this one has no termination date: Furloughs will end when lawmakers pass a 2010-11 budget. That could be weeks or months after the Legislature reconvenes on Monday.

And unlike earlier policies, the new order exempts employees who work several departments, specifically the Board of Equalization and the Franchise Tax Board, the Employment Development Department, State Compensation Insurance Fund, the California Housing Finance Authority and the California Earthquake Authority. All employees of the Highway Patrol and the Department of Fire and Forestry Protection are also exempt.

The order doesn't explain the criteria for deciding to exclude those departments.

Thursday was sort of a finish line for long-suffering state workers since it was the last day that the State Controller's Office could make mass changes to July payroll.

That means formerly furloughed state workers on Aug. 1 will receive paychecks reflecting full hours and pay for the first time in 17 months. The August checks for straight time worked will be nearly 15 percent more than those issued on July 1.

Gov. Arnold Schwarzenegger lifted furloughs on June 30. The next day he issued instructions to withhold state worker pay to the federal minimum. A court last week refused to force Controller John Chiang to comply this month. A hearing before Sacramento Superior Court Judge Patrick Marlette will likely be scheduled for late August, but it's likely that will come after the payroll change deadline for Sept. 1 checks.

How long will it last? It's not clear what will happen with the minimum-wage court fight, so let's set that aside.

As we've reported, the Government Accounting Standards Board last month issued its preliminary thinking on major issues related to pension accounting and financial reporting by employers. The potential impact of the rule changes could be far-reaching with serious political repercussions. The Bee's Dan Walters wrote about GASB's proposals in this column.

GASB has been taking public comment on the proposed rule changes. The deadline for submitting one is Sept. 17. A few State Worker blog users have asked how they can participate.

You can click here to send an e-mail to the board's director of research and technical activities at director@gasb.org. Reference Project No. 34 in the subject line.

Send letters to:

Director of Research and Technical Activities
Project No. 34
GASB
401 Merritt 7
PO Box 5116
Norwalk, CT 06856-5116

Click here for a plain-English explanation of the proposed rules. This link opens analysis of the potential impact to state and local government by The Segal Group. You can view a video Q&A about the GASB proposals by clicking here.

cal fire badge.JPGWe're hearing that two bills to ratify the minimum wage protections promised to the six bargaining units that have reached tentative agreements with the administration will be published by the end of this week.

Thumbnail image for chp badge.JPGAssembly Bill 1592 by Democrat Assembly members Joan Buchanan (author), Alyson Huber and Pedro Nava (co-authors) will be amended to carry Bargaining Units 8 (California Department of Forestry Firefighters), 16 (Union of American Physicians and Dentists) and 19 (American Federation of State, County and Municipal Employees).

20 dollar bill.jpgBee Capitol Bureau colleague Torey Van Oot reported that the Fair Political Practices Commission on Friday issued an advice letter to the Senate Banking, Finance & Insurance Committee that employees do not have to report no-interest budget impasse loans as gifts or income on their statements of economic interests -- as long as the loans are offered to all state employees who are members of the institutions.

FPPC drew up the letter after concerns arose in some quarters that at least one bank -- one of the many that didn't announce a no-interest state worker loan program earlier this month -- was telling state workers that such loans had to be reported.

For now, the matter is moot except for legislative employees, who get no pay until a budget is approved. Judge Patrick Marlette's decision on Friday means that the state won't withhold pay to the federal minimum for about 200,000 state employees for this month or next while litigation plays out in Sacramento Superior Court.

Still, we recommend you check out Torey's post on our sister blog, Capitol Alert, for more info and a link to the FPPC advice letter.

IMAGE: www.stock.xchng.com

Here are some of the press releases and comments received by The State Worker after today's news that Judge Patrick Marlette declined to force Controller John Chiang to immediately begin issuing minimum wage paychecks. Click on each entry to read the entire release or e-mail.

"We're gratified that the court acknowledged the existence of the significant legal concerns surrounding the governor's minimum wage order and made what we believe is the right decision at the right time." - CCPOA Executive Vice President Chuck Alexander

"We are confident we will continue to win on the merits of this case, as we already have done twice. We hope the Legislature passes a budget by then so we don't have to pay our employees minimum wage." - Lynelle Jolley, Department of Personnel Administration spokeswoman

"I am pleased the court ruling today spared taxpayers and California's economy from further harm." - State Controller John Chiang

"Today's ruling likely galvanizes John Chiang's political operation but it unfortunately continues to highlight the fact that we wouldn't be in this situation had John Chiang used the millions taxpayers gave him to upgrade his payroll system over four years ago." - Sen. Tony Strickland, R-Moorpark, who is running against Chiang for controller

"The judge's ruling means that 95,000 Local 1000 members and their families will be able to buy food and pay their bills for another month while we continue to work for a long-term solution in the Legislature and at the bargaining table." - Yvonne Walker, SEIU Local 1000 president

"Today's court ruling is legally sound, fiscally responsible and morally upright. The Governor's minimum wage order is nothing more than a ploy to gain leverage in budget negotiations by threatening the livelihoods of innocent, hardworking Californians." - Senate President Pro Tem Darrell Steinberg, D-Sacramento

"We are happy with the ruling that state engineers and all state employees will get paid in full for the work that they do. State employees up and down the state can breathe a sigh of relief, at least for the moment." - Bruce Blanning, executive director of the Professional Engineers in California Government

100715 Senate Logo.jpgAssembly Bill 1699, which would make state worker pay a continuous appropriation -- and therefore not subject to minimum-wage withholding during a budget impasse -- has cleared the Senate Appropriations Committee and now goes to the Senate floor.

The committee vote was 6-1. Democrats Christine Kehoe, Ellen Corbett, Mark Leno, Curren Price, Lois Wolk and Leland Yee supported the measure. Republican Mimi Walters voted against it. Republican Bill Emmerson abstained.

The bill isn't yet scheduled for a floor vote. If the Senate approves the measure, authored by Assemblyman Ed Hernandez, D-West Covina, it could go back to the Assembly for a concurrence vote if the Senate makes changes. If the measure passes the Senate without being altered, it would go to the governor's desk.

It needs a two-thirds vote to pass because it is written to take immediate effect.

Controller John Chiang visited The Bee's Capitol Bureau offices this morning for a wide-ranging conversation with reporters and editors about the state budget, his campaign for reelection and his legal battles with Gov. Arnold Schwarzenegger over paying state workers minimum wage.

In this clip, Chiang responds to charges that he is fighting the governor's minimum-wage pay instructions at the behest of public employee unions.

Videographer Hector Amezcua is editing more clips. We'll post them as they become available throughout the day.

Representatives of the Association of California State Supervisors, an organization that advocates on behalf of exempt state employees, posted notes last week from its Thursday meet and confer with the Department of Personnel Administration.

According to those notes, ACSS pushed the administration for seven guarantees In exchange for pension concessions similar to those agreed to by six bargaining units:

  • Protection from minimum wage.
  • Furlough protection through July 1, 2013.
  • Benefit cost increases to be picked up by the state.
  • An added 5 percent salary step added to the top of each pay scale.
  • No more than eight unpaid leave days through June 30, 2011.
  • An option to transfer the value of leave hours above the cap into an investment program.
  • An extension on the June 30, 2012 deadline to use up banked furlough hours.

Click here to read the ACSS minutes.

marlette.jpg UPDATE 5:20 p.m.: The hearing has been rescheduled for 11 a.m. Friday
State Controller John Chiang's motion to disqualify Sacramento Superior Court Judge Timothy Frawley has been granted, and the minimum-wage case has been shifted to Sacramento Superior Court Judge Patrick Marlette, pictured at left.

State employees may remember Marlette as the judge who last year upheld Gov. Arnold Schwarzenegger's furlough order. It is unclear whether Wednesday's hearing will be rescheduled for later in the week.

UPDATE 5:00 p.m. Judge Patrick Marlette has been assigned to replace Judge Timothy Frawley in the minimum-wage case. Read the post here.

Lawyers for State Controller John Chiang today moved to disqualify Superior Court Judge Timothy Frawley from hearing the high-stakes case over whether state employees should receive minimum wage if no state budget is approved.

The motion is under consideration, but typically is granted in such cases.

In the motion, Chiang attorney Bryant Delgadillo declared that Frawley "is prejudiced against SCO (state controller's office) or its interests, such that I believe that SCO cannot have a fair or impartial trial before this judge."

Frawley was the judge who ruled against Chiang last year in the original minimum-wage fight that Schwarzenegger brought in 2008.

Chiang spokeswoman Hallye Jordan said the initial hearing in the current case, set for Wednesday, is likely to proceed, but with a new judge.

Because the state has entered the fiscal year without an approved budget, Gov. Arnold Schwarzenegger has told Chiang to pay about 200,000 state employees the federal minimum of $7.25 an hour, with back pay to come after the budget is enacted. Chiang has refused. The Republican governor is hoping for an order to force Democrat Chiang's hand in the matter.

Gov. Arnold Schwarzenegger's effort to reduce pay to minimum wage for some 200,000 state workers will be heard in Sacramento Superior Court next Wednesday.

Judge Timothy Frawley set the hearing for 9 a.m. Schwarzenegger is seeking a temporary restraining order to force Controller John Chiang to pay most workers minimum wage until state lawmakers approve a budget.

Chiang contends the governor's order is illegal and has said he will not comply unless ordered by a court. The Democrat has filed his own court action on the issue.

By Susan Ferriss
sferriss@sacbee.com

At a Capitol meeting today, Gov. Arnold Schwarzenegger relied on the support of a Democratic icon -- former Assembly Speaker Willie Brown - to bolster the governor's new demand that specific changes in state worker pensions be made before he will sign off on a state budget.

At a minimum, the governor said, he wants legislators to roll back current pension terms to those that existed before 1999 legislation created more generous rules.

Watch Bee colleague Hector Amezcua's video above. Read the full story over at Capitol Alert.

Gov. Arnold Schwarzenegger has issued directions to state departments to "make every effort to eliminate the use of overtime" until a budget is passed.

The memo, dated Wednesday, went to all agency secretaries for distribution throughout the bureaucracy.

Under the governor's minimum-wage order, employees who work overtime during a pay period must be paid full salary. Part of Controller John Chiang's legal case against the governor is that he has no accurate way of knowing which employees will work overtime in a given month because the cutoff for payroll processing occurs about 10 days before the end of the pay period.

Read the memo here.

RP CHIANG TESTIFY.JPGBy Jim Sanders
jsanders@sacbee.com

State Controller John Chiang filed suit today in an attempt to block Gov. Arnold Schwarzenegger's order to reduce pay for most state workers to the federal minimum wage during the current budget impasse.

Chiang's suit, filed in Sacramento Superior Court, complains that he is being forced to choose between violating Schwarzenegger's order or violating various federal and state laws.

The controller's lawsuit follows a 3rd District Court of Appeal ruling last week that confirmed Schwarzenegger's authority to reduce pay to the federal minimum, currently $7.25 per hour.

Schwarzenegger has argued that under a 2003 California Supreme Court decision he is required, absent a state budget, to cut pay for most state workers to the minimum required under federal law.

Chiang has argued, among other things, that the state's antiquated payment system cannot reduce pay quickly and then restore it on a timely basis when a budget deal is struck.

Read a longer, more in-depth post about Chiang's cross complaint over at our sister blog, Capitol Alert.

And read the cross-complaint here.

PHOTO CREDIT: State Controller John Chiang testifies before the Senate Committee on Governmental Organization on Aug. 4, 2008, regarding the governor's executive order to lay off some state workers and also reduce their wages to minimum wage. Sacramento Bee file photo / Randy Pench

The Schwarzenegger administration filed a new legal action today asking the Sacramento Superior Court to force Controller John Chiang to pay state employees minimum wage for this month if no state budget is enacted.

Chiang has said he will not comply with the governor's order to pay minimum wage for the July pay period. Filed by the Department of Personnel Administration and DPA Director Debbie Endsley, the action seeks to force Chiang to comply. It noted that the cut-off date to begin processing the July payroll is July 22.

It says the order is "urgently needed" to stop Chiang from paying full salaries.

"Unless restrained, Respondents will continue to illegally issue full salaries to state employees for every pay period in which no state budget or other available appropriation exists," the suit says. "Respondents must be enjoined from violating the law as soon as possible and prior its occurrence."

With legislative deliberations far from resolved over how to close an estimated $19.1 billion budget gap, Gov. Arnold Schwarzenegger told Chiang last week to pay state employees the minimum until a budget is approved. Back pay would be made up later after the budget is approved.

As he did in 2008, Chiang has refused for several reasons, including concerns that the state's payroll technology and accounting methods make it impossible to comply without breaking federal labor law.

Sacramento Superior Court and the 3rd District Court of Appeal have both sided with Schwarzenegger in lawsuits that the governor brought in the 2008 budget impasse. Today's filing seeks to have the court enforce those decisions on Chiang.

Chiang last week said he would file his own action "to definitively resolve the issue of whether our current payroll system is capable of complying with the minimum-wage order in a way that protects taxpayers from billions of dollars in fines and penalties."

Read the Schwarzenegger administration's filing here.

Aaron McLear, who often speaks on behalf of Gov. Arnold Schwarzenegger, talked with KCRA (Channel 3) on Friday about the legal fight over withholding state worker pay to minimum wage and connected it with the state budget stalemate.

During the interview McLear expresses regret that "valuable public servants who do a great job for the people of California" face an increasing likelihood of "minimum wage, more furloughs and layoffs" as budget talks drag on into the new fiscal year.

Click the viewer above to see the interview.

Catching up with news that we had to set aside to cover Thursday's and Friday's minimum wage action ...

Last week we reported that the Department of Personnel Administration hadn't posted the tentative agreements reached with CAHP, CDFF, AFSCME and CAPT, although the deals were announced way back on June 16.

DPA hadn't forwarded the paperwork to the Legislature, either, delaying the start of the 10-day clock for the Legislative Analyst's review of the tentative pacts.

On Thursday afternoon, DPA put the four agreements online. Click here to open the administration's index of bargaining unit contracts and tentative agreements.

And Friday, Jason Sisney, director of State Finance for the LAO, sent us a one-line e-mail from his iPhone:

Jon, DPA has submitted the first 4 MOUs and our 10 day clock on those has begun. Jason

Next up: The tentative deals announced on June 27 with IUOE (Bargaining Unit 12) and UAPD (BU 16).

Editor's note, July 3 at 8:20 a.m: The original July 2 version of this post did not include the link to the letter from the controller's office. We have republished the post here and included the pertinent link.

Collin Wong-Martinusen, chief of staff for Controller John Chiang, replied to the Department of Personnel's pay letter this afternoon. While courteous in tone, the message is clear: The SCO will not comply.

The grounds for refusing: Reducing state worker pay to minimum wage or zero isn't feasible techologically, procedurally or legally. In the letter to DPA Director Debbie Endsley, Wong-Martinusen references a 2008 list of reasons that SCO couldn't or wouldn't carry out the pay withholding.

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Click here to read the entire letter.

checkbook2.gifThe Golden 1 Credit Union, which counts about 100,000 state workers among its members, on Friday said that it will offer "State Budget Payroll loans" to members with checking and direct deposit if their pay is withheld to zero or the federal minimum because of California's budget impasse.

Click here to read the Sacramento-based credit union's press release.

For more information, contact The Golden 1's call center at (916) 732-2900 or (877) 465-3361. It's open Monday through Friday, 7:30 a.m. to 7 p.m. and Saturday from 9 a.m. to 5 p.m.

Schools Financial Credit Union also announced a "Budget Impasse Loan" program for members with direct deposit. "In addition, extensions of loan payments are available for existing members with a Schools loan whose loss of income has resulted from the budget impasse," according to the Sacramento-based cooperative's press release.

Call (916) 569-5400 or (800) 962-0990 for more details about those programs. Hours: Monday through Friday, 9 a.m. to 6 p.m. and Saturday from 9 a.m. to 1 p.m.

Thanks to about a dozen State Worker blog users who let us know immediately when Golden 1 made its announcement. Hat tip to blog users T and J for flagging the Schools info.

Added July 7: We reported last week that SAFE Credit Union announced a state worker member loan program. Click here for more information.

IMAGE: www.hasslefreeclipart.com

SEIU Local 1000 President Yvonne Walker said in this press release that Gov. Arnold Schwarzenegger "is once again using state workers as pawns in his budget game," with a minimum wage order that "blindsided" the union.

Local 1000 resumed talks with the administration on Monday. The union, which represents more California public employees than any other, has a recent rocky history with Schwarzenegger. Last year it negotiated a deal that its members ratified, then Republicans in the Legislature refused to sign off on it, killing the deal.

Walker blames Schwarzenegger. The administration says the governor's party acted on its own.

"We're calling on the governor to stop playing games, stop using state workers as pawns and get to work on an agreement," Walker said in today's release.

In a lengthy and detailed e-mail to its members on Thursday, CASE lays out what's happening with contract talks ("... the Bargaining Team will continue to negotiate ..."), litigation ("... we have filed numerous briefs in our various furlough lawsuits ...") and minimum wage ("... , it is possible that pay for the July pay period ... could be in jeopardy ...")

In an analysis of the promise made by Schwarzenegger that unions with tentative agreements won't be subject to minimum wage, the CASE letter notes:

It's official. Furloughs are over.

The Department of Personnel Administration issued pay letters at the close of business on Wednesday instructing the State Controller's Office to eliminate Pay Differential 378. That's the February 2009 instruction that put furloughs in place.

This doesn't mean the governor can't issue another furlough executive order in the event of a "fiscal emergency." Nor does the pay letter have anything to do with a possible minimum wage instruction to the controller if budget talks drag on for long.

But as of this moment state workers are officially back on regular work schedules.

Click here to read the PL 10-14 cover letter with instructions. Here's the document noting that that Pay Differential 378 is abolished as of today.

We've received a flurry of e-mail that asks the same question: Is my bank/credit union offering low- or no-interest loans if my pay is withheld to minimum wage?

One, SAFE Credit Union has stepped up so far. Here's the e-mail the cooperative sent to The State Worker on Wednesday afternoon:

We've been hearing from state workers who want to know if The Golden 1 credit union plans to offer low- or no-interest loans to state workers if a budget impasse leads to minimum wage.

So we asked Terry Halleck, president and chief executive of The Golden 1. She said that the Sacramento-based cooperative is "monitoring" budget developments, but stopped short of saying that it will loan money to state workers if their pay is temporarily withheld.

And until the state does something definitive, the company won't have anything else to say, Halleck told The State Worker.

For years, The Golden 1 has offered zero-interest loans to the 1,100 or so legislative staff who receive no pay when lawmakers fail to pass a budget by the June 15 constitutional deadline. Only Golden 1 members with direct payroll deposit qualify for those loans, however.

During the 2008 budget impasse, the credit union teed up a broader loan program when it looked like state employees' pay was going to be withheld. Click here to read more about how the plan would have worked had Chiang complied with the pay letters.

California state employees started The Golden 1 in 1935. Today, roughly 100,000 of its 680,000 members are state workers. The credit union is California's largest financial co-op and the sixth-biggest in the country with nearly $7 billion in assets.

As the July 1 start of the new fiscal year approaches -- and the threat of state worker pay being held to the federal minimum wage looms -- a question has arisen about the tentative agreements reached last week by CAPT, CAHP, CDFF and AFSCME. How do those four deals protect those unions' members from minimum wage or furloughs since they aren't yet binding contracts?

Controller John Chiang and Schwarzenegger administration spokesman Aaron McLear crossed swords Thursday on Patt Morrison, a Southern California public radio show that airs on KPCC (FM 89.3). Union representative Dave Low also joined the discussion for the first part of the broadcast.

The discussion mostly focused on the state worker minimum wage battle in the 3rd District Court of Appeal. Chiang's opening rhetorical question: "Why are innocent taxpayers and public servants always the first to suffer whenever the governor and legislature fail to do their jobs?" He said he's trying to protect the state from big fines because the state's payroll processing methods won't allow his office to withhold wages and then restore full pay within federal fair labor standards.

We've received several e-mails from State Worker blog users laying out this scenario:

Let's say in the next few days that Controller John Chiang loses his appeal to overturn the Gilb v. Chiang, the court decision that he overstepped his bounds in 2008 by refusing to issue minimum wage checks to state workers.

Then 2010-11 budget talks drag past the June 30 end of the fiscal year. The Department of Personnel Administration then issues pay letters that instruct Chiang to withhold state workers' pay to the minimum allowed by federal law.

Then what? Would the controller go ahead and issue full-wage checks anyway? We asked Chiang spokesman Jacob Roper that question. Here's what he said:

Department of Personnel Administration Director Debbie Endsley has sent a memo to all California state agencies that lays out the Gov. Arnold Schwarzenegger's position on furloughs (they're over ... for now) and the possibility of employee pay being withheld to minimum wage (he'll do it if there's no budget).

The latter assumes, of course, that the 3rd District Court of Appeals doesn't overturn a lower court ruling that State Controller John Chiang overstepped his authority by refusing to implement a similar wage withholding order during the 2008-09 budget impasse.

Here's the memo, which at least some agencies are forwarding to their workers:

Here's an update on the furlough and minimum wage situations.

With respect to furloughs, the current program ends June 30, and the Administration expects the State to resume normal hours of operation in July. The Governor's budget proposal includes four proposals to reduce employee compensation costs: a wage cut, one day per month of unpaid leave, increased employee contributions to pensions, and the workforce cap. The Governor retains the right and authority to order furloughs if necessary to address a fiscal and cash crisis.

As for the prospect of state workers receiving minimum wage in lieu of full wages, it will depend on when the Legislature and the Governor reach a budget agreement. The California Supreme Court ruled in 2003 (White v. Davis) that absent an appropriation, which for most of the payroll comes through the annual state budget, the Controller is prohibited from paying state workers beyond what is required by the federal Fair Labor Standards Act (FLSA). Absent a state budget, we will send instructions to the Controller to pay wages in accordance with the FLSA for the July pay period.

The four unions that recently reached tentative agreements on new contracts (CHP officers, firefighters, psychiatric technicians, and some medical professionals) would not be subject to any new furlough program or minimum wage payments, assuming their contracts are ratified in a timely manner.

Debbie Endsley

Thumbnail image for 100609 gavel.jpgSacramento's 3rd District Court of Appeal will hear oral arguments in Gilb v. Chiang this morning at 9:30 a.m. We expect the hearing to run an hour or a little longer.

The appeal is contesting a lower court decision that Controller John Chiang overstepped his authority in 2008 by refusing to comply with Department of Personnel Administration pay letters ordering state workers' pay temporarily withheld to the federal minimum wage. Then-DPA Director Dave Gilb sued Chiang in Sacramento Superior Court and eventually won.

The controller's office circulated a memo to state employee unions earlier this month, speculating on today's hearing and its eventual outcome: "Given the 3rd DCA's right-leaning composition and its past history of adverse rulings relating to labor interests, we should prepare for a ruling which affirms the trial court's decision," the memo says. "If this occurs, the Controller may be ordered to pay minimum wage as early as the July payroll, which is scheduled to be paid on August 1st."

Click here for our June 10 story about the memo. Read the memo by clicking here.

We're planning to attend this morning's hearing. Check back later for our report on the proceedings.

IMAGE: www.yolocourts.ca.gov

notebook-thumb-216x184-9328.jpgFrom the notebook items give State Worker blog users some of the notes, quotes, numbers and other background material that inform the news stories we write.

Our story in today's Bee references employee leave data provided to us by the State Controller's Office.

As the piece points out, the state over the years has used leave to pay lawsuit settlements and, in 2003, gave workers leave time instead of a scheduled raise.

Click here to see the accrued leave benefits by category data. You'll also need to open this link to find the controller's definitions of each leave category. The definitions include all types of leave, both those with cash value and those without cash value.

Parting thought: If the courts find that Schwarzenegger illegally furloughed state workers, history suggests settlement could be in leave time, not cash, for employees still on the state payroll.

IMAGE: www.freeclipart.com

CAHP, CAPT, AFSCME and CDFF have agreed to contract proposals with Gov. Arnold Schwarzenegger. The deals, ranging from two years to three years, include pension concessions and protections against minimum wage in the event of a budget impasse.

Here's the governor's press release.

Our quick story about the deals is here.

We're continuing to cover events as they unfold this afternoon.

100615 Controller pay chart.JPG

A new post on Controller John Chiang's website mentions state employee payroll is one of several obligations that his office will continue to pay even if lawmakers fail to pass a budget by the end of this month.

Chiang spokesman Jacob Roper said that the payroll figure, $2.1 billion for July, comes from Gov. Arnold Schwarzenegger's May budget revision and assumes the payroll cost reductions he has proposed for fiscal 2010-11. The governor has proposed cutting all state workers' pay by 5 percent and upping their pension contributions by another 5 percent of their gross pay, but there's no sign an agreement will be in place before the fiscal year begins July 1 to implement the pay cuts.

The controller also sent this letter to lawmakers, triggered by their usual failure to get a budget done by the June 15 deadline laid out in the constitution.

"At a time when the economy is showing signs of recovery, we can ill-afford the 'business as usual' approach of requiring the state to be driven to the brink of a fiscal meltdown before compromise is achieved."

This story by Bee Capitol Bureau colleague Jim Sanders has more about the largely symbolic deadline.

A bill that sought to roll back retirement benefits for newly hired state workers has failed to get out of committee.

Senate Bill 919, unveiled in April with much fanfare by Gov. Arnold Schwarzenegger and the measure's sponsor, GOP Senate Leader Dennis Hollingsworth, died in the Senate Public Employees & Retirement Committee on a 2-4 party-line vote.

The bill also included changes to retiree health benefits.

Click here to read the measure. This link opens the committee vote count.

The California Citizens Compensation Commission meets on Wednesday to vote on cutting elected officials pay by 10 percent. Click here for details about the meeting, scheduled for 10 a.m. in Sacramento.

The commission cut the pay for all the constitutional officers and legislators by 18 percent last year. PECG and CAPS have opposed whacking their pay again.

Click here to see elected officials' pay.

Negotiators for the California Association of Professional Scientists have pulled back the counterproposal that they had offered on June 3.

We spent a few minutes this morning in a "California Report" interview about the looming threat on state worker pay. You can listen to the discussion with host Rachael Myrow of KQED (88.5 FM in San Francisco and 89.3 in Sacramento) by clicking the player below.

After a brief introduction, the segment launches into clips of Controller John Chiang and H.D. Palmer with the Department of Finance. It ends with comments from state workers who talk about the politics of the budget and the impact of events on their lives.

Want to listen on the radio? This link opens a page with air times around the state for both "The California Report" daily broadcast and the weekly magazine show.

100610 microphone.JPGWe're set to speak with Rachael Myrow of KQED's "The California Report" on Friday about the possibility that state workers' pay will be withheld to the federal minimum allowed if there's no budget in place come July.

The interview will be taped in the morning and then aired at 4:30 p.m. the same day on KQED 88.5 in the Bay Area. And it will be available on the show's website, www.californiareport.org. We'll also post a link on this blog when the audio file becomes available.

IMAGE: www.smartclipart.com

We just got off the phone with Gov. Arnold Schwarzenegger's spokesman, Aaron McLear, who called to comment on our last post, Report: Administration backs away from 5 percent pay cut

You'll recall that DPA spokeswoman Lynelle Jolley didn't comment on the Association of California State Supervisors conclusion that 5 percent state worker pay cuts are off the table.

McLear did.

"They're flat wrong," McLear said. "Nothing, including furloughs, pay cuts and PLPs are off the table until there's a deal."

The Association of California State Supervisors is reporting that the Department of Personnel Administration is backing away from Gov. Arnold Schwarzenegger's demand that state workers' pay be cut by 5 percent.

The association's board and staff members met with DPA Deputy Director Julie Chapman on Monday. According to these ACSS notes from the meeting, "The permanent 5 percent pay cut is off the bargaining table."

But the administration's new approach still includes cuts, according to the ACSS notes:

Today is the deadline for bills to move out of their house of origin or die.

Several bills with potential impact on state workers have been in play this session. We handicapped several Assembly measures in this post. Here's what's happened since then with those bills and one Senate measure, SB 919, supported by Gov. Arnold Schwarzenegger.

Bill: AB 1699
What it does: Ensures that state employees will continue to be paid even if a budget is not enacted by the beginning of the new fiscal year.
Status: Cleared the Assembly, 54-19. Now it goes to the Senate.

Bill: AB 1765
What it does:Prohibits a state employee from being furloughed, during a time in which California's unemployment rate reaches or exceeds 8.5%, if the employee is in a position funded at least 95% by the federal government, performs services that combat the state's recession, and works for the California Unemployment Insurance Appeals Board or the Employment Development Department. Specifically, this bill prohibits a state employee from being furloughed when certain criteria apply.
Status: Assembly passed on a 55-14 vote. The bill now goes to the Senate.

Bill: AB 2008
What it does: Prohibits state civil service employees of certain specified agencies and boards from being furloughed by the Governor through Executive Order or by any other action of a state agency, board or commission.
Status: Assembly passed 55-21. On to the Senate.

Bill: SB 919
What it does: Alters the Public Employees' Retirement Law to reduce benefits for new hires and increase employee contributions for existing and future hires, among other changes.
Status: Stalled in Senate Public Employment & Retirement Committee, which heard testimony but never took a vote.

100603 Department of Finance Seal.jpgState workers don't have to worry that their paychecks for June will be reduced to federal minimum wage, a Department of Finance spokesman said this week, ending speculation that an arcane state budget fix last year gave Gov. Arnold Schwarzenegger the authority to order wages withheld for this month.

July payroll, however, could be reduced if budget talks drag on much past the June 30 end of the fiscal year, said Finance spokesman H.D. Palmer.

State workers have been wondering if their June pay would be withheld to the least allowed by federal law, $7.25 per hour for most employees. Legislation passed last year to plug a $20 billion hole in the 2009-10 general fund budget included pushing this month's payroll expenses to the July 1 start of the 2010-11 fiscal year.

That meant, technically, that the state has no funding set aside for June payroll, which is paid July 1. And legislative consultants concluded that could have opened the door for Schwarzenegger to invoke a 2003 California Supreme Court decision that the state can't pay employees' beyond the legal minimum when there's no budgeted money for wages.

The governor invoked that court ruling when budget talks deadlocked in 2008. He ordered pay withheld with the balance returned to employees when lawmakers appropriated the money in a new budget. Controller John Chiang refused on legal and logistical grounds. Schwarzenegger sued and won a lawsuit to force Chiang to comply. Chiang filed an appeal.

Although there's no money budgeted for June payroll yet, the administration concluded that "individual departments still have appropriating authority through June 30," Palmer said. "June payroll will not be affected" by what is strictly an accounting device.

But July pay could be reduced he warned, he warned, if a budget impasse drags on into the new fiscal year.

State employee unions have tried to change the law so that state workers are paid when budget talks stall. Their latest attempt Assembly Bill 1699 cleared the lower chamber on Thursday with 54 votes and now goes to the Senate.

Meanwhile, the legal tussle between Schwarzenegger and Chiang is about to resume. Chiang's appeal goes to oral argument before the 3rd District Court of Appeal in Sacramento on June 21.

IMAGE: www.mailinglists.dof.ca.gov

Bee database whiz Phillip Reese has added 2009 UC employee salaries sacbee.com's database of California state employee wages. Search by name, agency or salary range. Click on sacbee.com/statepay.

Thumbnail image for 100528 CALPERS HQ.JPG
CalPERS has a Q&A on its website that addresses what the Health Care and Education Affordability Reconciliation Act of 2010 means to CalPERS members.

It's worth a look. Click here to check it out.

Thanks to blog user T for calling this to our attention.

IMAGE: CalPERS headquarters / Paul Kitagaki Jr., Sacramento Bee, 2005

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for ASSEMBLY_SEAL.jpgAssembly Bill 1699, which would make state employee pay a continuous appropriation, passed off of the Assembly Appropriations suspense file today with all committe Democrats supporting and all committee Republicans opposing.

If the Assembly passes the bill by Assemblyman Ed Hernandez, D-West Covina, it would still need Senate approval before going on to Gov. Arnold Schwarzenegger. The Assembly has a June 4 deadline to vote on the measure.

AB 1699 has the backing of all the state labor unions because it would prevent employee pay from being withheld to the minimum allowed by federal law when there's no money appropriated for payroll. Click here for an explanation of the issue and why this year the matter is more urgent than ever for state workers.

Hernandez sponsored a similar bill earlier this year, AB 790. which cleared the Assembly but fell short in the Senate.

IMAGE: www.assembly.ca.gov

Republican gubernatorial candidate Meg Whitman said after a Roseville event this morning that she supports the state employee salary cut contained the budget revision that Gov. Arnold Schwarzenegger released on Friday. She also crticized the governor for failing to do "the hard work" over the last few years to cut government costs.

Worth noting: Schwarzenegger has tried several of the ideas that Whitman and her GOP rival Steve Poizner have proposed, such as reviewing state government to root out waste, fraud and abuse. For more about that, check out this Sunday story written by Bee colleague Jack Chang with a hand from your humble blogger.

In related news, Whitman also talked about forming a state grand jury to go after waste, fraud and abuse, as Torey Van Oot reports on our sister blog, Capitol Alert. Whitman's campaign released this press announcement, outlining the candidate's get-tougher plan, which includes elevating the inspector general to a cabinet-level post with "real teeth."

Click here to view Bee videographer Hector Amezcua's clip of Whitman talking about some of Schwarzenegger's budget proposals.

100517 Kern camp.JPG

Kern Valley State Prison correctional officer Ian Pickett, one of this blog's most prolific users, says that he and coworkers have started a week-long "State Worker Refugee Camp-out" across the street from the prison. The camp (pictured above) is intended to draw attention to, "The current attack on our pay (that) is sending a lot of us into increasing debt, becoming insurmountable," Pickett said in a mass e-mail.

Click here to view a flier promoting the camp.

IMAGE: Correctional officers have set up a makeshift camp near Kern Valley State Prison, intending to stay for a week. They're protesting pay cuts brought on by furloughs and proposed in Gov. Arnold Schwarzenegger's budget.
CREDIT: Courtesy Ian Pickett

100514 LAO legislative analysts office logo.JPGThe non-partisan Legislative Analyst' Office has an analysis of Gov. Arnold Schwarzenegger's budget proposal for state workers to take off one unpaid personal leave day per month.

The proposal would save the state's general fund roughly $446 million for fiscal 2010-11, according to administration estimates, and other funds would save about $349 million. Schwarzenegger spokeswoman Rachel Arrezola said that the plan "requires bargaining and/or legislative action."

And Schwarzenegger's budget plan still includes a 5 percent wage cut and a requirement that all state workers boost their pension contributions by 5 percent of their earnings.

"I will not sign a budget until we fix our broken systems," Schwarzenegger said this afternoon. "I will not sign a budget if we don't have pension reform and budget reform."

Bottom line: If Schwarzenegger gets everything he wants -- the leave day, the pay cut, the pension contribution hike -- state workers' take home pay would stay about the same as it is now under the soon-to-end furlough policy. But employees would work more.

From the LAO's analysis, which you can read by clicking here:

In our view, the Legislature has to decide whether employee compensation reductions should be scored and implemented subject to collective bargaining or, alternatively, whether to implement statutory measures to bypass the existing collective bargaining process, as the Governor has proposed. The PLP concept--similar in some respects to "self-directed furloughs" in departments, as well as the collectively-bargained Service Employees International Union Local 1000 agreement that was not approved in 2009--is one more option at the Legislature's disposal. The total amount of personnel cost savings that the Legislature will need to target will depend on the other choices that it makes in putting together the 2010-11 budget package.

Gov. Arnold Schwarzenegger's revised budget proposes a one-day-per-month of unpaid leave for state workers in 2010-11. The state would reduce employee pay 4.65 percent each month; employees would receive a credit to take the time off.

The credits would have no cash value, so employees couldn't get money for them upon retirement or separation from the state. However, employees would be told to use accumulated unpaid leave time before taking paid leave, a Schwarzenegger spokeswoman said.

Schwarzenegger still plans to end the current furlough program on June 30.

Read more in Kevin Yamamura's breaking news story about the budget by clicking here.

The Center for Economic Policy and Research has a new report that looks at government pay, "The Wage Penalty for State and Local Government Employees."

From the introduction:

When state and local government employees are compared to private-sector workers with similar characteristics -- particularly when workers are matched by age and education -- state and local workers actually earn 4 percent less, on average, than their private-sector counterparts. For women workers, the public-sector penalty is about 2 percent of earnings; for men, it is about 6 percent of earnings.

Here's a chart from the 20-page report that illustrates the education disparity between state and local government employees and the general population:

100514 Education chart.JPG

Click here to download the report. Thanks to blog user A for making us aware of the study.

The Senate Public Employment and Retirement Committee is hearing testimony on SB 919 at 1:30 p.m. today. You'll recall that the measure, sponsored by Senate Republican Leader Dennis Hollingsworth, would cut retirement benefits for new state workers. The measure would not impact benefits for current employees.

Click here to open the committee's Web page and then click "Audio" to listen to the hearing. This link opens a recent Bee feature that explains parts of the bill. Click here to read the measure's language.

Thumbnail image for Thumbnail image for Thumbnail image for Gavel.jpg Sacramento's 3rd District Court of Appeal has set June 21 at 9:30 a.m. to hear arguments in Gilb v. Chiang.

The case involves a lawsuit filed by former DPA chief Dave Gilb to force Controller John Chiang's compliance with administration pay letters that ordered state worker pay withheld to the federal minimum until a budget deal was reached.

Long after the budget impasse that prompted the order ended, Sacramento Superior Court Judge Timothy Frawley sided with the administration. You can click here for our earlier reporting about the case with a timeline of events and strong> links to court documents.

Scroll to the bottom of this linked page to read the appellate court's hearing announcement. We'll write more about the proceeding as the date gets closer.

Space constraints limit our Thursday State Worker column to roughly 400 words, so much of what we learn in the ramp up to writing it never sees print. Column Extras give State Worker blog users more information -- the notes, the quotes and the documents behind the weekly feature.

Our State Worker column today looks at whether Gov. Arnold Schwarzenegger will again order state employees' wages held to the federal minimum allowed if lawmakers fail to pass an on-time budget.

But how does the law allow that?

The power to impose the federal minimum wage is tied to White v. Davis. The California Supreme Court said a 2003 decision on that state law doesn't authorize employees' pay beyond the legal minimum in the absence of money appropriated for wages in the state budget. So, when budget talks deadlock when there's no funding set aside for payroll, the door opens to temporarily cutting wages.

Click here to download White v. Davis. The key findings are summed up on pages 4 and 5, including this paragraph:

(W)e conclude that under the applicable California statutes, state employees who work during a budget impasse obtain the right, protected by the contract clauses of the federal and state Constitutions, to the state's ultimate payment of their full salary for work performed during the budget impasse; that is, when state employees work during a budget impasse, the state becomes contractually obligated ultimately to pay employees the full salary they have earned. At the same time, however, we conclude that the Court of Appeal was correct in determining that state employees do not have a contractual right actually to receive the payment of salary prior to the enactment of an applicable appropriation, and that the Controller is not authorized under state law to pay those salaries prior to such an appropriation. Thus, state law contractually guarantees that state employees ultimately will receive their full salary for work performed during a budget impasse, but state law does not authorize the Controller to disburse state funds to the employees until an applicable appropriation has been enacted.

The Schwarzenegger administration says the law compelled the governor's 2008 order to the Department of Personnel Administration to issue letters to the controller to withhold pay to the federal minimum. But clearly the decision was at least partly political as well as legal. After all, Schwarzenegger and the Legislature in earlier years had failed to agree on a budget by the June 30, but 2008 was the first time he invoked White v. Davis to withhold wages.

On Wednesday, we told you about a new state and local government pay study released by The Center for State and Local Government Excellence and the National Institute on Retirement Security.

Sharp-eyed blog user J flagged an online PowerPoint presentation of the material. It was part of a Wedneday webinar about the report. We looked it over and thought it worth posting for everyone, since it quickly distills the findings. Click here to view it.

The Center for State and Local Government Excellence and the National Institute on Retirement Security jointly released a study this morning comparing what state and local government employees earn compared with private sector workers. Among the findings researchers noted:

Jobs in the public sector typically require more education than private sector positions. State and local employees are twice as likely to hold a college degree or higher as compared to private sector employees. Only 23 percent of private sector employees have completed college, as compared to about 48 percent in the public sector.

Wages and salaries of state and local employees are lower than those for private sector employees with comparable earnings determinants, such as education and work experience. State workers typically earn 11 percent less and local workers 12 percent less.

During the last 15 years, the pay gap has grown: Earnings for state and local workers have generally declined relative to comparable private sector employees.

The pattern of declining relative earnings remains true in most of the large states examined in the study, although there does exist some state level variation.

Benefits make up a slightly larger share of compensation for the state and local sector. But even after accounting for the value of retirement, healthcare, and other benefits, state and local employees earn less than private sector counterparts. On average, total compensation is 6.8 percent lower for state employees and 7.4 percent lower for local employees than for comparable private sector employees.

Click here to download the report. This link opens the "About the Center" page on the Center for State and Local Government Excellence website. You'll notice is has ties to retirement funds. Clicking here opens the National Institute for Retirement Security's site.

Space constraints limit our Thursday State Worker column to roughly 400 words, so much of what we learn in the ramp up to writing it never sees print. Column Extras give State Worker blog users more information -- the notes, the quotes and the documents behind the weekly feature.

Big changes are coming for State Compensation Insurance Fund employees who have been commuting in company vehicles, as reported in today's State Worker column. The fund's fleet isn't part of the ongoing IRS audit of state employee company vehicle use, but you have to wonder if policies in other departments will come up short as the federal examination unfolds. And will the IRS want to look at State Fund's books?

Click here to read the e-mail sent on Tuesday to State Fund employees from Chief Operating Officer Harrison Jerome. It lays out the fund's new policy for how staff should claim state vehicle use and other changes for how its managing its fleet.

AB 790, which would have funded state worker payroll with a continuous appropriation, went down to defeat on the Senate floor Thursday. The measure fell four votes short of the 27 needed to reach two-thirds passage as an "urgency" bill that would have taken immediate effect had it become law.

Republicans withheld their votes after failing to get similar appropriations concessions for vendors that do business with the state.

The Assembly had already passed the bill.

Click here to read the measure, by Assemblyman Ed Hernandez, D-West Covina.

The unions are united behind this legislation. Expect it to resurface. Whenever lawmakers fail to pass a budget on time, it opens the door to a governor ordering state employee pay withheld to the federal minimum wage -- currently $7.25 per hour for most state workers and employee classifications.

California's full-time civil service state employees saw their pay fall more than 5 percent last year, according to a new Bee analysis of state payroll data that excludes the university systems and the Legislature.

State workers' average base pay fell from $63,815 in 2008 to $60,355 in 2009. Average total pay, which includes overtime and other pay, dropped from $70,627 to $66,813. Both measures represent a 5.4 percent decline.

The Bee's resident number cruncher, Phillip Reese, culled the numbers from data provided by the State Controller's Office.

Click the following link to see a breakdown of state employee median pay by prominent job class and the methodology behind the numbers. (The median is the point at which half the wages are less and half are more.)

Two unions are opposing a proposal to cut the pay of the state's elected officials.

Professional Engineers in California Government and California Association of Professional Scientists both think the 10 percent reduction proposed by the state's Citizens Compensation Commission Chairman Charles Murray, "is not reasonable or appropriate" and "smacks of piling on."

The commission, which sets wages for the state's elected officials, approved an 18 percent pay reduction that took effect in December. The panel is scheduled to meet April 22 to consider Murray's proposal.

Click here to read the letter by PECG President Shabbir Ahmed. This link opens the letter from Patty Velez, CAPS president.

After reading those letters, register your opinion:

100316 Whitman.jpgBee Capitol Bureau colleague Jack Chang, who is covering the Meg Whitman campaign today, has just reported that the GOP gubernatorial front-runner wants to institute merit pay raises for state employees.

The revelation is part of a detailed policy agenda released at a Whitman appearance today at Leisure World in Seal Beach. Click here to read more on Capitol Alert.

PHOTO CREDIT: Meg Whitman gives her opening remarks at the California Republican Party's convention in Santa Clara last Friday. Hector Amezcua/hamezcua@sacbee.com

The California Public Employees' Retirement System has scheduled five Retirement Planning Fairs for March and April. The events aim to help members plan for their retirement by giving access to government and labor representatives who can counsel on various offerings and strategies available to prepare for life after work.

Here are the locations, dates and times:

  • Los Angeles, March 30 from 9 a.m. to 4 p.m. at the Sheraton Los Angeles Downtown, 711 South Hope Street.
  • Sacramento, April 2 from 9 a.m. to 4 p.m. and April 3 from 9 a.m. to 3 p.m. at the Sacramento Convention Center, 1400 J Street.
  • Redding, April 8 from 9 a.m. to 4 p.m. at the Red Lion Hotel, 1830 Hilltop Drive.
  • Fresno, April 14 from 9 a.m. to 4 p.m. at the Radisson Hotel, 2233 Ventura Street.

Click here to read the CalPERS press release about the fairs.

110312 Capitol building.JPGThe California Citizens Compensation Commission, which sets pay rates for the state's elected officials, will meet in Burbank on April 22 to consider to review the salaries and benefits. For details, click here for the public meeting notice posted this week on the Commission's Web site.

Click here to see the current salaries for California's elected state workers, whose pay and per diem was cut 18 percent in December, despite efforts to overturn the commission's decision to give lawmakers a haircut. Click here for that story.

IMAGE: Sacramento Bee file, 2008 / Brian Baer

Thumbnail image for notebook.jpgWe can never get everything we learn into a news story. "From the notebook" posts give you some of the extra details behind the news.

One of the stories we have in today's Bee looks at the impact of state worker furloughs on banked vacation time. As part of our reporting, we asked the Department of Finance for help on compensation rules concerning cash-outs. Department spokesman H.D. Palmer sent us the code, which you can read by clicking this link.

And click here to download the data we used for the story. Hat tip to Bee colleague Phillip Reese for quickly building the spreadsheet from stats provided by the State Controller's Office.

IMAGE: www.freeclipart.com

The Bee's state employee pay database has been updated with figures for the 2009 calendar year. Our resident database maestro, Phillip Reese, set up the site to include several new features:

  • 2009 data for all civil service workers.
  • Past and present wages -- to view the effects of furloughs, for instance -- all at once.
  • New summary tables showing highest-paid civil service workers, CSU workers, UC workers and legislative staffers.
  • New details page that breaks down each person's salary -- overtime, other pay, regular pay -- for the past three years.
  • Updated notes section explaining the fine print behind the numbers.

Click here to check out the updated database.

Thumbnail image for Thumbnail image for Senate logo.jpgThe Senate Public Employment & Retirement Committee has rescheduled its hearing on AB 790 for Monday at 1:30 p.m. The bill, supported by a coalition of state worker unions, would make employee payroll a continuing appropriation. That change would eliminate the possibility that Gov. Arnold Schwarzenegger or any subsequent governor could withhold state workers' wages to the federal minimum in the absence of a budget.

Click here for more about the bill.

IMAGE: www.senate.ca.gov

Following last Sunday's story, "Unused vacation time carries high price tag for California," written by Chase Davis of California Watch, we decided to ask the Schwarzenegger administration whether it planned to tighten up how much leave time state workers are banking beyond the government's stated 640-hour cap.

(This graphic, which was part of the story, shows the top 25 unused leave time payouts to state workers.)

We spoke with Schwarzenegger spokeswoman Rachel Arrezola, who referred us to the Department of Personnel Administration.

DPA spokeswoman Lynelle Jolley said that the state understands that excessive banked leave time is an issue, but it's not an immediate priority.

"It's not on the bargaining table and we're not trying to deal with it right now. Our focus is on other matters like furloughs and pension issues," Jolley said. "We can't deal with this problem at this particular time."

Editors note: This post has been corrected to reflect that AB 790 is backed by California Association of Professional Scientists.

Thumbnail image for Senate logo.jpgUPDATE, 1:20 p.m: The Senate Public Employment and Retirement Committee has canceled the hearing scheduled for today. We're working to find out if/when the hearing has been rescheduled.

The Senate Public Employment and Retirement Committee is meeting to discuss AB 790, a bill that would make state worker payroll a continuous budget appropriation.

Were it to pass, it would end a governor's ability to cut state employee pay to the federal minimum if lawmakers fail to pass a budget on time. (Click here to read the measure, a "gut and amend" bill that surfaced last week.)

The hearing is set for today at 1:30 p.m. in room 2040. There's no Web cast of the proceedings, but you can listen to the audio feed by clicking here.

The unions, have been trying for years to get this done. This latest bill, backed by California Association of Professional Scientists, is a do over of last year's failed AB 1125. Click here and here for what we wrote about that measure.

Obviously, were the bill to get to Gov. Arnold Schwarzenegger's desk, he would veto it. So why push this? Our take: The unions want a headcount of who is with them as the 2010 primary season shifts into full gear.

The State Worker has received some frantic e-mails triggered by media reports this week that lawmakers approved "... a $540 million reduction in state workers' paychecks."

One e-mailer summed it up: "If true this is huge and it isn't getting any attention. The employees in our office are very concerned about this."

Stand down, state workers. Nobody slipped one by you.

Click the following link to read about what cut the Legislature approved.

The notion that lawmakers could enact state worker pay cuts without union input has prompted the California Labor Federation to weigh in with a letter to legislators that can be summed up in three words: Don't do it.

A few excerpts from federation lobbyist Caitlin Vega's letter:

... For more than thirty years, state employees have been covered by collective bargaining laws. Never before has the State attempted to suspend or violate those laws. Through Republican and Democratic administrations, collective bargaining has been respected and adhered to as an effective tool to promote cooperative labor relations and reach fair agreements ...

... The proposal to cut worker pay outside the collective bargaining process also conflicts with the law. The Dills Act, which authorized collective bargaining for state employees, requires the State to bargain over changes to employee compensation. To make such changes unilaterally is not only illegal, but will do irreparable harm to labor relations in this state.

This is not an academic argument. This is about real families who are depending on those wages, the health benefits, and the economic security the contract provides. Cutting worker pay in a recession will only cause more families to fall into poverty, add to the foreclosures, and increase reliance on the ever shrinking safety net ....

Click here to read the entire letter.

Chiang1.jpgState Controller John Chiang released an actuarial report today that estimates the long-term bill for retiree health benefits is now at $51.8 billion. The figure represents the total present value of future retiree health benefits earned as of June 30, 2009, by current state retirees and employees.

Bee Capitol Bureau colleague Steve Wiegand has more on our sister blog, Capitol Alert. Click here for his report.

This link will open the 96-page actuarial report by Gabriel Roeder Smith & Co. Clicking here opens a chart that compares the latest findings with those of the last two years.

IMAGE: John Chiang / Sacramento Bee, 2008

Thumbnail image for 081208 Yvonne Walker.JPgThe day before a San Francisco judge said the Department of Personnel Administration was within legal bounds when it told state workers to treat Columbus Day and the upcoming Lincoln's Birthday like any other workday, SEIU Local 1000 President Yvonne Walker sent letters to about 130 department and agency heads.

Click the following link to read more about what Walker said.

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Court Files introduce lawsuits of interest to state workers. We highlight the case, link you to the file and show you where to track developments on your own.

  • Click on the case number below to download the file. (13 pages)
  • Check for subsequent filings on the Sacramento Superior Court's document viewing page. Plug the case number into the appropriate field, click the search button and then scroll down to see a list of documents filed.

Case No. 34-2010-80000443
Filed: 1/27/2010
Petitioner: Gregory Powell
Respondent: California State Personnel Board
Real Party in Interest: California Department of Developmental Services

Case summary:

DDS employed Powellas a Senior Psychiatric Technician at the Sonoma Developmental Center in Eldridge. The department fired him a little more than three years ago after a coworker had said that she witnessed -- through a reflection in a picture in a hallway -- Powell strike a patient with a shoe.

Powell denied the charge, saying that the patient was the aggressor and that what his coworker saw was Powell defending himself against punches aimed at his stomach.

Powell appealed to SPB, which revoked his dismissal last September and awarded backpay and benefits.

More than four months later, DDS hasn't complied with the SPB order, according to the lawsuit.

So now it begins.

In a letter to members, the CASE Board of Directors said Wednesday that it has been approached by the Schwarzenegger administration to restart labor talks:

Moreover, we have recently been summoned back to the bargaining table by DPA, and we expect that DPA will pass a version of the Governor's "5-5-5" proposal. ... We will do everything in our power to protect the already depressed salaries and benefits of CASE members.

As if the state's abysmal finances weren't obstacle enough, Schwarzenegger, CASE and the other unions are rekindling talks under clouds of bitter litigation over everything from furloughs to layoffs to whether the state legally eliminated two paid holidays without union consent.

Click the following link to read more about CASE's letter to members.

Thumbnail image for Gavel.jpgCalifornia Attorneys, Administrative Law Judges and Hearing Officers in State Employment v. Department of Personnel Administration is set for a hearing today at 9:30 a.m. in San Francisco Superior Court.

CASE is challenging the state's elimination of Columbus Day and Lincoln's Birthday from the government's paid holiday calendar. The matter was set for oral arguments last month, then rescheduled for this morning.

Click here for our first report about the lawsuit and a link to the union's petition.

The Senate Budget & Fiscal Review Committee last week heard testimony about Gov. Arnold Schwarzenegger's 5/5/5 proposal to cut state workers' pay, reduce departmental payroll costs and raise what employees contribute to their own pensions.

The hearing went about three hours (click here to view it) with government officials, union representatives, lobbyists and state workers chipping in their remarks. To get a flavor of the afternoon discussion, The State Worker asked folks at the Department of Personnel Administration and at Local 1000 to give us statements to post here.

The Department of Personnel Administration sent us this paragraph as characterizing Chief Deputy Director Julie Chapman's statement near the start of the Thursday hearing:

We've had private discussions with some unions and anticipate moving to formal negotiations soon. We've been discussing possible negotiation dates with others, and the unions are checking with their bargaining teams to see what dates work for them. We expect to be back to the table as early as next week.

Click the following link for text of Local 1000 President Yvonne Walker's remarks.

The Legislative Analyst's Office has released it's analysis of Gov. Arnold Schwarzenegger's so-called 5/5/5 plan to cut state worker pay, downsize the workforce and shift a greater portion of pension costs from employers to employees. Click here to read our story. This link will open the LAO report.

From the report's summary:

This report discusses some key issues facing the Legislature in the employee compensation area of the budget. In 2009-10, the state has achieved significant savings due to the Governor's furlough program, which is being challenged in many court cases. For 2010-11, the Governor proposes various measures to reduce state personnel costs, including shifting pension contribution costs from the state to employees, unallocated reductions in personnel budgets of departments, and an across-the-board salary reduction for employees. These proposals would result in $2.5 billion in savings ($1.4 billion General Fund). We believe that employee compensation reductions are necessary due to the magnitude of the budget problem. Nevertheless, some of the administration's proposals would face legal challenges or otherwise may be difficult to implement. Consequently, we recommend that the Legislature focus efforts to reduce compensation costs on pay reduction options.

January 26, 2010
The zero-pay state workers

Thumbnail image for Thumbnail image for payroll.gifOur most recent State Worker column outlines the possibility of Gov. Arnold Schwarzenegger resurrecting an order to temporarily reduce state employees' pay to the federal minimum wage of $7.25 per hour if lawmakers fail to pass a budget by the end of June. Once a deal is in place -- which would include money allocated for wages -- the state would return everyone to full pay and issue checks for the withheld wages.

A few readers have called and e-mailed asking us to mention that there are state employees who wouldn't even get minimum wage in that scenario -- doctors and attorneys.

The Federal Labor Standards Act exempts those job classifications from any minimum salary requirement, so the state would withhold the pay of 5,000 state lawyers, administrative law judges, physicians, podiatrists, dentists and others in bargaining units 2 and 16.

Another often-overlooked group: managers, supervisors and others who don't get paid for working more than 40 hours per week. Under federal law, they'd get $455 per week until a budget deal got done.

You can read more about how a delayed budget could impact paychecks by clicking here to open DPA's Web page on the topic. The page hasn't been updated since August 2008, however, so the minimum pay details aren't current.

IMAGE: hasslefreeclipart.com

With just 400 to 450 words for our Thursday State Worker column, much of what we learn in the ramp up to writing it never sees print. Column Extras give you some of the notes, the quotes and the observations that don't make the cut.

Today's column looks at union efforts to move legislation that would make state employee wages a continuous budget appropriation. This post has more about the issue and links you to the stalled legislation, AB 1125. As we explain in the column, the bill has virtually no chance of becoming law, but the unions want it put to a vote anyway.

The column quotes from a joint letter by state labor executives to Sen. Darrell Steinberg and Assemblywoman Karen Bass that underscores their worries that Gov. Arnold Schwarzenegger might order wages temporarily withheld to the federal minimum this summer.

In the absence of an on-time budget, the state doesn't have authority to issue payroll above the federally mandated minimum, so if the budget talks lock up like they did two years ago, state worker pay could be withheld to $7.25 per hour until a budget is passed. Then the state would restore wages and issue back pay.

You can read the coalition's letter by clicking here.

Thumbnail image for Gavel.jpgAttorneys for the California Correctional Peace Officers Association have filed their opposition to a request by Gov. Arnold Schwarzenegger that the state continue paying correctional officers reduced wages while the administration appeals a key court ruling over "self-directed" furloughs.

Union lawyers responded to Schwarzenegger's contention that his appeal of Judge Frank Roesch's Dec. 29 decision that prison officers were illegally furloughed should automatically keep Controller John Chiang from restoring their full pay for January.

Chiang has said that the judge's decision can't be appealed for a technical reason that we explained in this blog post. He plans to pay correctional officers for all the time they've worked instead of accepting that they can work through furlough days and take the time off down the road. (Roesch found that deferring furlough time off beyond a given pay period while cutting wages by the furlough amount is illegal.)

And as we reported here, Schwarzenegger on Thursday filed with the 1st District Court of Appeal to keep Chiang from acting on his plan.

Now, with the state payroll processing deadline looming next week the union has jumped in on Chiang's side. And we have the court docs:

Opposition to Request for Temporary Stay (18 Pages)
Motion to dismiss (19 pages)

California Department of Social Services employee Jim Reilley sent the following e-mail to The State Worker. We post it here with his permission and the understanding that he speaks for himself, not his employer or any labor organization:

From: Reilley, Jim
Sent: Monday, January 11, 2010
To: Ortiz, Jon - Sacramento
Subject: Furloughs or Pay Cut

Ok, why would we agree to essentially a 10% pay cut & work all days when we can have a 15% pay cut and have 3 days off? Even a kid can do the math on that one.

Arnold thinks the threat of layoffs will motivate this but there are far too many state workers immune from layoffs to get that approved. Also, even vulnerable workers are really mad, teetering on bankruptcy and were literally counting on a full restoration in June 2010. Unlikely they would or even could accept anything other than a 5% cut. They'd be more likely to strike than capitulate to a permanent deal that financially they simply cannot afford.

Finally, even if we agreed to this it would not take effect until the July 2010 pay period essentially meaning we would not see the effect until our August 2010 paycheck. With Arnold leaving in January 2011 we would only have 6 months left before we could negotiate with the new Governor. We would get a WAY better deal from Jerry (assuming he's elected), so why do a deal for 6 months when you can get a way better deal after a short wait?

Unless the Gov lowers it to a TOTAL of 5% pay reduction (divide it up how you want between pay/benefits) the members & likely the legislature also, will never approve any deal.

If they would simply cut the targeted programs/services with the accompanying layoffs, we would not need any furloughs across the board. All of this is because the legislature refuses to cut unsustainable programs that WILL be cut -- only delaying the inevitable at the cost to all State employees. We all pay so that a few thousand jobs that will be cut anyway can be saved for a few more months. WORKERS should be screaming at SEIU to do these cuts and save the majority from this subsidization of doomed workers.

Jim Reilley
CDSS Senior Legal Analyst

San Francisco Superior Court Judge Peter Busch has set a Feb. 3 hearing date for arguments in a California Attorneys, Administrative Law Judges and Hearing Officers in State Employment v. DPA, the lawsuit that challenges the state's elimination of Columbus Day and Lincoln's Birthday from the government's holiday calendar. Click here for our Sept. 18 post about the lawsuit and a link to the union's petition.

CASE says that eliminating the holidays violates Bargaining Unit 2's contract.

The lawsuit was set for hearing this morning, but nothing happened. Busch wants more arguments on some points of the law, CASE attorney Patrick Whalen said in a brief phone interview this afternoon after this morning's hearing.

You can see the court calendar entry below. Click on it for an easier-to-read version. Good luck making sense of it.

100112 SF superior court calendar.JPG

Gov. Arnold Schwarzenegger doesn't have to bargain with unions to cut state worker pay, according to Sacramento labor attorney Tim Yeung, because properly-worded legislation can get around The Dills Act.

But the reality is that the administration will have to go to the table with the unions because the Democrat-controlled Legislature is unlikely to impose cuts, Yeung says on his California PERB Blog:

... I can't see the Legislature agreeing to impose a 5% salary cut on state employees without requiring the Governor to bargain that with the unions. But if the Governor goes to the bargaining table, here's what likely will happen. The unions know that under the Dills Act, the Governor can't impose salary cuts on them even at impasse. (Department of Personnel Administration v. Superior Court (1992) 5 Cal.App.4th 155, 174-175.) So what the unions will do (and have done) is counter the Governor's salary cut proposal with a slew of "savings" proposals, none of which involve cutting state employee compensation. Some of these proposals will have merit, but many will not, and in either event they won't equate to a 5% salary reduction.

Yeung is a former Department of Personnel Administration attorney who is now in private practice at Sacramento-based public law firm Renne Sloan Holtzman Sakai LLP. Click here to open his blog read his analysis of Schwarzenegger's budget proposals and their impact on state workers.

Thumbnail image for Schwarzenegger.jpgGov. Arnold Schwarzenegger is about to issue an open letter to state workers affected by his budget proposal to end furloughs in July in exchange for pay cuts and increased pension contributions. Click here to read the letter.

In case you missed it, Bee colleague Kevin Yamamura is reporting this morning that Gov. Arnold Schwarzenegger is going to propose ending furloughs as scheduled in June in favor of across-the-board pay cuts and increasing employee pension contributions. Click here for the story.

We're writing a story for Saturday about the plan, which the administration will include in this morning's budget presentation. We want to hear from state workers and folks outside of state government. What do you think of the plan?

If forced to choose, would you prefer 14 percent less pay with three days off or 10 percent less pay but the opportunity to work a full schedule? What do you think your union should do? Do you think that the governor's proposal is a starting point for negotiations? If so, is there some compromise you think the two sides should work out? Or should state employee unions hold their ground? And what about the Legislature? Where do you think lawmakers will fall on the question of pay cuts versus furloughs?

The State Worker's e-mail in box is overflowing after two weeks away from work, but we're working on making room for your responses at jortiz@sacbee.com, if you want to be part of our Saturday story. (Please provide your name and a contact phone number.) Or call (916) 321-1043.

Note: Special thanks to Bee Cap Bureau colleague Andrew McIntosh for blogsitting while we were on vacation and handling an unforeseen family matter.

The Legislative Analyst's Office has completed its analyses of three proposed initiatives for the 2010 ballot that take straight aim at cutting health and pension benefits for new state and public sector workers.

The LAO and Department of Finance prepare a detailed fiscal analysis of each proposed initiative and submit them to the Attorney General as part of the initiative process.

Read the three fiscal impact reports by clicking here,  and here  and here.

The theme is similar across all three reports, though each of the proposed initiatives are different in their own details.

The LAO says that "minor" short term savings could be achieved by adopting the proposed benefit reductions. The savings would be more substantial in the longer-term, it suggests.

Yet the analyses carry a major-league caveat.

The LAO notes that to offset the decline of retirement benefits offered to new employees, "some governments likely would increase other forms of compensation for some employees in order to remain competitive in the labor market."

As Bee colleague Kevin Yamamura reported this week, California is projected to have unfunded pension liabilities of more than $100 billion through 2014-15.

Yamamura also reported that the governor has met with backers of one of the proposed initiatives analyzed above and is considering supporting the measure, which would reduce benefits for public sector workers who begin new jobs in Juy 2011 or later.

State workers who celebrated a same-sex marriage outside California on or after Nov. 5, 2008, may now enroll their spouse for dental benefits under a new state law.

Beginning today through Feb. 4, the Department of Personnel Administration is holding a special dental-benefits enrollment period for same-sex state workers married out of state.

SB 54, Chapter 625, provides a marriage contract signed by two people of the same sex outside California before Nov. 5, 2008, will be considered valid in California.

Though the couple may not be designated as "married" in California, state law requires that the partners enjoy the same rights, protections, and benefits of marriage.

Interested state workers may add their same-sex spouse to their dental plan by completing a Dental Plan Enrollment Authorization Form (STD. 692) and provide a copy of their valid marriage certificate to their personnel office.

For more details, visit DPA's Web site by clicking here.

State workers who use their personal vehicles for government business and file for a mileage refund will see the reimbursement rate drop to 50 cents per mile starting today.

That's down from the 2009 rate of 55 cents per mile, according to a state memo.

Before you start thinking it's yet another move by the Schwarzenegger administration to cut your mileage refunds, think again. The California state government's mileage refund rates always mirror those set by the Internal Revenue Service.

The IRS publishes the refund rates for tax purposes on its Web site for both public and private employers. You can see its 2010 rates here.

Why the drop? Gasoline prices have been declining in recent months both in California and across the nation.

The relocation/moving mileage refund rate will be 16.5 cents per mile in 2010.

We've been meaning to note that Gov. Arnold Schwarzenegger approved 4 hours of informal time off for state workers, just as he and other governors have done for years during the holiday season. The Department of Personnel Administration issued this PML on Dec. 7. Some departments have just recently sent official word to their employees.

And here's an e-mail sent to The State Worker by SEIU activist Mike Bonner, who works at the Department of Community Services and Development. We publish it here, unedited, with his permission. Bonner is speaking for himself, not for his employer or for the union:

Well this year he didn't make us wait until the last minute. Despite all the protests from the Governor and his spokes-people over the last year, and contrary to his efforts to eliminate 2 state worker holidays (since we already have too much time off!!!), the Governor has once again granted the completely discretionary 4 hours of time off to use either for ½ day on Christmas Eve or ½ day on New Year's eve, and most department directors will grant an additional 4 hours of time off to make it a full day.


If the real reason the Governor wants to take our 2 holidays away from us is that we have too many paid holidays, why does he continually grant us the additional discretionary holiday hours year after year? It's all about control, Jon, when the Governor isn't in control (i.e. when there's an existing contract he didn't negotiate for example) then he's all about taking things away, when it's something in his power, then it's a different story and he doesn't have a problem "giving" us extra time. What a hypocrite! (Not that I don't appreciate the extra time, btw!)

Have a good one!

Mike Bonner, Steward
SEIU Local 1000, DLC 784

Premiums for CalPERS' Long-Term Care Program will rise by up to 22 percent starting in July, the fund announced today after its Board of Administration signed off on the increase. CalPERS says the increase is necessary to maintain the program's stability, especially in light of recent investment losses and greater-than-anticipated plan use.

From this morning's press release:

All policies issued prior to 2005 with either lifetime benefits or inflation coverage will receive a 22 percent increase. All policies in this group with both lifetime benefits and inflation coverage will receive an additional annual increase of 5 percent per year beginning in July 2011. Any policy issued prior to 2005 with only non-lifetime benefits and all policies issued after 2005 will receive a single 15 percent increase.

A little further down, this quote:

"We are mindful of the financial concerns of our members and we will provide each of them with options to help them mitigate or possibly eliminate the premium increase by modifying their plan," said Priya Mathur, Chair of the Board's Health Benefits Committee. Each plan enrollee will receive a customized letter detailing premium and plan options available to them, ranging from maintaining their plan as-is with the premium increase or opting to reduce benefits for savings. These letters will be sent to enrollees of the plan in March 2010, giving plan members ample time to make decisions based on the options provided.

More than 163,000 CalPERS members are enrolled in the Long-Term Care Program, which has $310 million in annual premiums.

Click here to read the CalPERS announcement.

Thumbnail image for Thumbnail image for Dollars and cents.jpgBlog backs review your thoughtful and provocative online comments, amplify points, answer questions, correct our mistakes and humbly accept your warranted criticism.

Dec. 3 More about state employee pensions

This post about pensions prompted a string of comments about wages, including the common argument that state workers earn relatively less, which justifies their better-than-average retirement packages. One blog user moved beyond that analysis:

Each Union has its own interests and does not have any incentive to tell their members or the general public how well or poorly they are doing for their employees.

Those that do very poorly like SEIU, CASE, IUOE etc do not want to trumpet their failures at the bargaining table. In the case of SEIU it is due to utter incompetence.

Those that do very well like PECG, CAHP, CCPOA do not want to trumpet their success too loudly because they don't want the general public to be aware of up to 50% increases in the last 5 years (its true check dpa.ca.gov)

The Guv or the legislature needs to demand that DPA prepare a comprehensive report showing the total compensation of ALL state employees and how they compare with the private sector & other gov entities. Then we need a State policy on compensation that is fairly applied. SEIU employees get the shaft. The CHP and PECG get huge raises. Not fair!

The state has tried to make public-to-private sector total compensation comparisons. Ditto for government-to-government pay and benefits. Click here to see a list.

The problem is that the comps have significant flaws. For example, DPA's 2006 total compensation survey left out chunks of pertinent information. Click this link to open the surveys' methodology page and scroll to the bottom for important footnotes about the data collected -- and what wasn't collected.

From what we can tell (and this is by no means conclusive), pay for lower-skill state jobs tends to be higher than the private sector. As you move up the professional skill ladder, however, pay lags (attorneys, scientists, investment managers, information technology, etc.). And local governments tend to pay better than the state. (Prison medical staff are a different story, for reasons laid out by Bee colleague Charles Piller in his two-part investigation, which you can read here and here.)

But when you consider state salary history over the last 10 years, which groups got significant raises? Broadly speaking, those with political clout (correctional officers, until CCPOA got sideways with the governor), those whose pay is a matter of statute (CHP officers, whose pay is tied to that of five other California law enforcement bodies), or those who could make the case stick that the state was suffering serious harm because key talent dumped the state for higher-paying jobs elsewhere (engineers) or a profound shortage or legal intervention that gave folks in a job class leverage (prison nurses).

It also appears to help if your union is narrowly focused on just a few job classifications. For example, SEIU Local 1000's master contract has lagged the Consumer Price Index for many years, as we noted in this State Worker column. CAHP, CCPOA and PECG cover a narrow range of job classes and have enjoyed some success in the last decade. But this isn't and ironclad rule, as CASE and CAPS show.

Most of the time someone, somewhere is trying to sever from the more diverse unions. EPiCG members want out of SEIU for example. CSLEA has a faction, POC, that wants to break away.

The common complaint: The union's job class diversity hinders it from effectively bargaining for the group that wants to leave. And, of course, the unions dispute that.

In other words, survey and fact-find all you want. The numbers probably will be challenged either outside or inside your union. And even if the government agrees that some jobs aren't pay competitive, the state's present position -- as California's largest employer, as a "business" in perpetual fiscal crisis and as a spender of public money -- is that with a few exceptions if it can pay less for its help, it will.

IMAGE: www.freeclipart.com

Daily Journal writer Amy Yarbrough reports that the Administrative Office of the Courts, which sets policy for California's court system, has

... given out hefty raises, promotions and extra paid vacation time to employees to compensate them for furlough days.

Between February 2008 and July 2009, the AOC elevated nearly 80 employees, and raised their pay as much as 31 percent, brushing aside its own self-imposed freeze on promotions, according to payroll records from the State Controller's Office.

The records show that while the agency imposed once-monthly furlough days on employees with one hand, it has increased salaries so much with the other that, coupled with new hires, its payroll costs grew 6 percent from July 2008 to July 2009, for a total of nearly $4.2 million per year.

Daily Journal articles are subscription-only copyrighted material, but The State Worker received permission from the publication to reprint this story. Click the following link to read the entire piece.

Thumbnail image for Thumbnail image for Thumbnail image for ASSEMBLY_SEAL.jpgIn a moment of political lucidity, the Assembly Rules Committee voted Thursday to eliminate Lincoln's Birthday and Columbus Day from the lower house's 2010 holiday calendar.

As reported in this Nov. 23 blog post, the Assembly's tentative calendar included Lincoln's Birthday. (The calendar only ran through August, so Columbus Day wasn't listed.) We predicted the Assembly would erase those paid days off when they approved the final calendar. Keeping the holidays would have been the height of hypocrisy, since the Legislature and Gov. Arnold Schwarzenegger last February passed a package of budget fixes that included eliminating the two holidays for the state workforce.

Click here to view the fax (spliced together from two pages) we received from Assembly Chief Administrative Officer Jon Waldie.

Of course, some people would argue that the Legislature also should be on three-day furloughs each month, since lawmakers voted for a budget that assumed savings equal to that amount.

The legality of Schwarzenegger's furloughs and the holiday legislation is being tested in the courts and through the grievance process.

091123 Assembly Calendar.JPG

Blog user J sent along this link to the Assembly's tentative 2010 legislative calendar (also pictured above). You'll notice that it shows that the lower house will consider Lincoln's Birthday and Washington's Birthday as separate holidays next year, although a footnote on the page says, "Holiday schedule subject to final approval by Rules Committee."

We spoke to Jon Waldie, the Assembly's chief administrative officer, about when the calendar might be finalized. "We're hoping to get that addressed in December," Waldie said. The calendar from 2008 was simply rolled over, holidays and all, to create the tentative 2010 schedule, he explained.

Is there any sense that the committee might take Lincoln's Birthday off the calendar to match the takeaway the Legislature OK'd for state workers last February?

Waldie wouldn't say. Our guess: Lincoln's Birthday and Columbus Day -- the tentative calendar ends with September -- will both get the ax.

We'll let you know what the committee decides.

The State Worker column in today's fiber and cyber Bee notes that we've entered a 12-week stretch of four-day work weeks for state employees because of holidays and "Furlough Fridays." Our sense is that, for several reasons outlined in the column, the public may not notice.

But it's clear that this will intensify the pressure some state workers have felt in the Schwarzenegger furlough era to do the same or more work in less time.

You could argue that we've arrived at this point because the economic recession has exposed the many poor decisions made over many years by lawmakers and the public (via ballot initiatives) about state revenues and resources. Many (Most? All?) state workers would argue that Schwarzenegger's furloughs are bad policy that unjustly punishes state workers for matters over which they have no control.

A state worker friend put it this way: "Give them more and they'll always take more, especially when they don't deserve it."

So if that policy is trying to get 40 hours of worth of work from state employees but paying for 32 hours, what's the appropriate response? How much harder should state workers be expected to work? And as the new performance level becomes expected, does that mask the consequences of bad decisions that might be altered if the pain of furloughs was more acutely felt by elected officials and the public?

If you're a state worker and you're killing yourself to get your work done, are you enabling bad government? Or are you exercising a laudable work ethic?

State worker Jim Hooben sent this e-mail in response to our reports about federal authorities' concern that furloughs have eroded California's Unemployment Insurance programs to an unacceptable degree.

Here's Hooben's e-mail, unedited and posted with his permission. He's speaking for himself, not his employer.

I work for EDD / Unemployment Insurance. I am mandated, not "authorized", to work 3 days per month that I am not paid for. I am compensated with Paid Time Off, on the assumption that I can get the time off. My ATM does not accept PTO, nor does my landlord, grocery store or gas station. I did not sign on to earn "time off", I signed on to earn money.

Under the current Administration, we are gravitating towards a "minimum wage" civil service corps. This, of course, will attract minimum wage management (we actually have that now), a minimum wage workforce and minimum wage productivity.

Have you ever been in a fast food restaurant during lunch time chaos with a twenty year old manager overseeing a minimum wage crew ? This is where we are heading.

Way to go Arnie! Go back to making "B" movies - that is the limit of your skills in management.

Jim Hooben
Chief Steward, DLC 793
SEIU Local 1000

California Association of Professional Scientists has filed a lawsuit against Gov. Arnold Schwarzenegger over the paid holiday changes that have been a point of contention for several months.

Click here to download the 6-page brief.

For background, this link will load up the first blog post about changes to the holiday calendar, "Steinberg says Democrats could vote to eliminate state holidays." Clicking here will open "Budget makes big changes to state worker overtime rules," which includes a link to SBX3 8, the bill at the center of the holiday controversy.

The Bureau of State Audits has released a report that employees at five entities -- not including the Department of Corrections and Rehabilitation -- accounted for at least $1.3 billion of the more than $2.1 billion in overtime pay from 2003-04 to 2007-08.

And of those, the auditors found, a good chunk of that OT went to relatively few workers in a couple of job classes at the departments of Mental Health and Developmental Services. From the report:

For instance, in fiscal year 2007-08, at Mental Health's Napa State Hospital (Napa), 19, or 4 percent, of the 489 nurses in the registered nurse- safety classification averaged $78,000 in regular pay and $99,000 in overtime compensation.

Staffing demands accounted for the reason for the extreme overtime at Napa State Hospital and Sonoma Developmental Center, two facilities auditors examined, and raise concerns that employees working so many hours in safety and public health positions might pose a danger to their own or to their patients' well-being.

The other departments that logged heavy OT: the Highway Patrol, Forestry and Fire Protection and Veterans Affairs.

The report contains this caveat:

State law was changed in February 2009 to no longer allow leave to be counted in computing overtime for the two job classifications we tested. However, this same state law indicates that it may be superceded by agreements ratified subsequent to the law's effective date that once again could contain provisions that allow employees' leave time to be counted as time worked in computing overtime.

Click here to read a summary of the audit. Clicking here will download the full report. And this link opens an audit fact sheet.

If you haven't read it already, click here for our story on the results of a new Field Poll on local and state government pensions (and click here for a graphic that outlines a few of the polls highlights). The punchline? A majority of California voters think that current retirement benefits are about right or not good enough for current employees, but they don't think new hires should get the same deal.

Other stories that we've read this morning and put into The State Worker's "Recommended Links" list:

The editorial board of the New York Daily News calls for state lawmakers to make deep budget cuts, "Lest Albany become Sacramento on the Hudson, complete with IOUs and worker furloughs." Ouch.

States are just gearing up their budget machinery, and already there's talk of employee layoffs in Maryland and Iowa ...

We're hearing that at least four DMV offices closed today due to short staffing on what is undoubtedly the most controversial Columbus Day in California government history.

SEIU Local 1000 passed along unconfirmed reports that said offices in Watsonville, Compton, Oxnard and Hawthorne are closed. The union, which had told the 95,000 workers covers to stay home and observe the holiday, said that some other offices are open but struggling because of low staffing.

DPA spokeswoman Lynelle Jolley said that the administration had heard that three DMV field offices in Southern California and one the Gilroy area had closed today. Employees at closed locations who showed up were directed to work at nearby worksites. "Otherwise, it's been business as usual, except for a handful of offices," Jolley said.

DPA is working to confirm which offices closed. The administration says that the Legislature and Gov. Arnold Schwarzenegger changed the law earlier this year and that Columbus Day isn't a paid day off any more.

Meanwhile, Professional Engineers in California Government filed a grievance over the elimination of Columbus Day and Lincoln's Birthday for members of Bargaining Unit 9.

Click here to read it. And this link
will download DPA's response.

So, what's going on where you work? Or if you didn't go to work, what's your next move?

SEIU Local 1000 has told employees it represents that they're within their legal and contractual rights to treat today like Columbus Days past -- as a paid holiday. Local President Yvonne Walker has said she hopes folks will stay home.

The controversy escalated last week when the two sides fired off dueling e-mails. DPA said the union was encouraging an illegal job action. The union accused DPA of using intimidation tactics to scare workers into working what is still a paid day off under the evergreen provisions of Local 1000's expired contract and the Dill's Act.

(Other unions have said have told their members to work and then file grievances. SEIU has said it will also help file grievances for the folks it represents who work today.)

The state, specifically the governor's Department of Personnel Administration, has said that legislation passed earlier this year changed the state's holiday calendar, including the elimination of Columbus Day as a paid day off for state workers. Take the day off without calling in or arranging leave, the administration has said, and face the consequences of being AWOL.

We asked DPA and several departments whether we could get some statistical sense of no-shows for today. All said the same thing: The numbers won't be known until timesheet adjustments go in to the Controller's Office in about 10 days.

Local 1000 told The State Worker it is monitoring events today but it's not taking any sort of formal count.

So that leaves us with anecdotes from around the state. We're eager to hear your reports.

Reporters asked Senate President Darrell Steinberg today about the standoff between SEIU Local 1000 and Gov. Arnold Schwarzenegger over Columbus Day.

Here's what the Sacramento Democrat said before going into a "Big Five" meeting with other leaders in the Legislature and the governor.

"I think what that reflects is the SEIU's understandable frustration about the fact that they negotiated in good faith and came in an agreement with the administration and voluntarily agreed to a furlough day. And now they've had two additional furlough days imposed upon them through an executive order, and so I think the Columbus Day issue is a reflection of that frustration. When you sit and you negotiate there in good faith, you expect that that agreement will be fulfilled, and it hasn't been."

He was then asked whether state workers should show up for work on Monday.

"That's their decision, but I certainly have sympathy with their underlying frustration," he said.

Reporting by Torey Van Oot

bill leonard.JPGBoard of Equalization member Bill Leonard may think Gov. Arnold Schwarzenegger's furloughs miss the mark, but when it comes to Columbus Day, the former Republican state legislator agrees with the administration.

The BOE has refused to follow Schwarzenegger's furlough order. Columbus Day? Different deal, according to the "Leonard Letter" on the former Assemblyman and state Senator's personal Web site:

Despite a fairly long tradition of closing state offices in recognition of Columbus Day, if you have business to do with the state on Columbus Day, we will be open.

A couple of weeks ago, there was a flurry of dueling emails between the State Employees International Union and government supervisors. SEIU made the claim that because state employee contracts expired without formal ratification of new contracts, the previous contract --including the Columbus Day Holiday -- is still valid.

However, the Legislature got around this by passing an explicit statute in February that took away the Columbus Day holiday and this statute trumps the expired contracts. SEIU's point is still worth considering because they are correct that in the late 90s the Legislature passed a law that stated whenever a contract between the state and its workers expire the previous contract is still in force, which raises the question, how can you supersede something that never expires? In other words, this law was a really bad idea.

He then cites the amendment to the Dills Act, Government Code 3517.8.

Click the link below to read more about the Leonard's position on Columbus Day.

CalPERS is giving members enrolled in its self-funded Preferred Provider Organization plans a two-month reprieve from paying premiums. The savings for active state workers will show up for the September and October pay periods, according to this press release.

The announcement also has details of the "premium holiday" for state and public agency retirees and active public agency retirees.

As The Bee reported in this July story, the discount was part of the last budget fix signed by Gov. Arnold Schwarzenegger. The deal will save the state about $131 million, since it gets a holiday, too. The arrangement doesn't apply to employees or retirees in HMOs.

So you've heard the arguments. You've read the dueling memos, the blog posts and the comments. Now the obvious question: Are you going to stay home on Columbus Day and treat it as a paid day off?

This really applies to workers represented by SEIU Local 1000, since other unions have told their members to work the day and then either let the legal system sort it out (CASE has a lawsuit in the works) or "obey then grieve" (PECG's advice to state engineers).

Will you come in to work on Oct. 12? Or maybe you saw what was coming way back when and arranged a leave day? If you're planning to follow Local 1000 President Yvonne Walker's appeal for workers the union represents to stay home, how will you feel about workers who don't?

We're working on a story about this issue, and we really want to hear from state workers. Call or e-mail. Given the sensitivity of this issue -- and in keeping with our policy for anything we read or hear from state workers -- we'll not publish anything without permission. Our contact info is in the "About the State Worker" box on the right side of this page. If you e-mail, please include a phone number.

Last week we posted payroll and employee demographic data received from the State Controller's Office, and compared February and July numbers this year with the same months in 2008.

The figures gave some indication of the impact of furloughs on both the state's payroll costs and, by extension, the income tax collected from its employees.

But the information was spread across several tables and not easily manipulated, so we asked State Worker blog users to help us out by taking the data and putting it into a single table.

Thanks to J, a regular to this blog, for lending a hand and sending along this spreadsheet.

IMAGE: freeclipart.com

Thumbnail image for columbus2.jpgThe State Worker reported in this Monday blog post that California Attorneys, Administrative Law Judges, and Hearing Officers in State Employment had told members that they should go to work on Columbus Day.

Later that day, the union sent along another e-mail to further lay out its rationale:

CASE's position - both at the bargaining table and in our litigation - is that our Memorandum of Understanding ("MOU") is still in effect. It is our MOU that provides our members are entitled to Columbus Day as a paid holiday. However, it is that same MOU which contains a "no strike" clause. The provision states that "neither CASE nor its agents nor any Bargaining Unit 2 employee, for any reason, will authorize, institute, aid, condone or engage in a work slowdown, work stoppage, strike, or any other interference with the work and statutory functions or obligations of the State."

It is CASE's opinion that the "no strike" clause of our MOU precludes us from instructing Bargaining Unit 2 members to ignore the instructions of their employer with regard to the upcoming Columbus Day holiday. Put another way, the fact that the State has unilaterally breached one section of the MOU does not permit CASE to breach a different section of that contract.

Click here to read the entire CASE memo.

SEIU Local 1000 President Yvonne Walker last week told the 95,000 state workers the local represents that they shouldn't work on Columbus Day because, "October 12, 2009, is a holiday and employees should not come to work," under the terms of the union's last (and now expired) contract. The State Worker reported her message in this post. The Department of Personnel Administration has maintained all along that SB X3 8 rules. Click here to read our first report on the legislation.


Public safety concerns may trump government financial woes when it comes to laying off state and other local government workers, an Illinois county judge ruled today.

The ruling follows a lawsuit launched by the American Federation of State, County and Municipal Employees, the largest state workers union in Illinois.

The decision has reportedly forced Illinois Gov. Pat Quinn's to put on hold his plan to lay off 2,500 or more state workers, including 419 state prison employees, according to a breaking news report posted today by The Chicago Tribune.

The layoffs had been set to start Wednesday.

Gov. Quinn says his administration is appealing.

So how much have furloughs boomeranged to hit the state with lost employee payroll taxes?

We've collected data from the controller's office about state income tax withheld from state workers' pay from January 2006 through August of this year. The figures give an indication of how furloughs have affected state tax receipts from workforce payroll.

The state's cut of employee payroll took a $6 million hit in last February, the first month of furloughs, compared with the same month in 2008. Gross payroll for the month also shrank by $62 million, despite nearly 6,000 more full-time employees. (Departments lost about 500 more part-time and intermittent workers, so the overall state worker count for February of this year was down compared to February 2008.)

Click here for the February 2008-09 comparison. You can also check out a July 2008-09 table here. We picked that month for a snapshot, since it was the first with three "Furlough Fridays."

Access the controller's month-by-month data by clicking here.

(The data isn't in a form that can be immediately manipulated. We invite enterprising State Worker blog users to take up the cause and share tables, graphs and observations they cull from the information.)

California's trial courts are closed today, the first of 10 "Wageless Wednesdays" for court staff approved by the state's Judicial Council, which operates the system.

We have other state worker news and opinion pieces available under our "Recommended Links" section on the right side of this page.

One of them is an op-ed by the head of a Florida public pension trustees association that says the debate over defined benefit retirement plans has been incorrectly framed: "... "... we don't need fewer defined benefit plans, but more of them."

The piece includes this chart, which compares the public and private sector wages in about four dozen categories. All but four public jobs lagged their private sector counterparts, according to the survey. The average difference was nearly 26 percent.

A quick update on the two issues at State Compensation Insurance Fund that we've been tracking:

How will the fund handle making formerly furloughed staff whole for their time?

And has the disagreement with DPA over a cash award promised to employees been resolved?

That first question is sticky, since State Fund employees, like most of the state workforce, was self-scheduling furlough days until July. That means that some workers took all the time off, some took no time off and some took some days off and worked others.

Yikes. Talk about an administrative nightmare. You can pay everyone the lost wages, but how do you fairly bring everyone to time parity? We blogged about this at length in this July 15 post shortly after CASE scored the first-ever furlough lawsuit win.

Nearly two months later, there's still no resolution.

Fund spokeswoman Jennifer Vargen tells The State Worker that fund officials have had one meeting with CASE, which won the first furlough lawsuit on behalf of its members way back in April. Judge Peter Busch issued the formal ruling on July 9.

Now add another 7,500 State Fund employees to the mix with Thursday's formal ruling in favor of SEIU Local 1000 and State Fund President Jan Frank.

Moving on ...

Blog regulars will recall that a State Fund plan to give a $250 award to all its employees hit a snag after the Department of Personnel Administration questioned it. The fund figures the award would cost a tad less than $2 million total. We reported the dispute in this Aug. 6 post.

Have the two sides reached a conclusion?

"We're meeting with DPA this month," Vargen said.

We'll let you know what, if anything, comes of that get-together.

Thumbnail image for Thumbnail image for 081124 de la Torre.jpgAssemblyman Hector De La Torre, D-South Gate, is sponsoring a bill that would

... exempt employees in positions funded at least 95% by sources other than the General Fund from furloughs implemented by any state agencies, boards, and commissions. The bill would also prohibit a state agency, board, or commission from directly or indirectly implementing or assisting in implementing a furlough of those employees.

AB 1215, gutted and amended on Friday, lays out several arguments for discontinuing furloughs for employees whose wages come largely from outside the general fund. You can read the bill by clicking here.

We spoke to De La Torre's Chief of Staff, Juan Carlos Torres, who told us this morning that the assemblyman hopes to push the bill quickly through the Legislature this week before the session ends.

"This is simply a bill motivated by a notion of fairness," he said, while acknowledging that it is unlikely the governor would sign it.

We have a call in to Schwarzenegger's office seeking a comment. We'll post it as soon as we hear back.

UPDATE: 12 p.m. -- Schwarzenegger spokeswoman Rachel Cameron said that the governor hasn't taken a position on this particular bill, but that his position is, "in order to achieve savings needed to balance the budget that furloughs must be applied across the board."

And while we're on the topic of furlough legislation, we told you last week that Senate President Darrell Steinberg was authoring legislation to substitute unspecified budget cuts that would allow Schwarzenegger to rollback the third monthly furlough day that he started in July. The measure, AB 181, was introduced last week by Assembly Speaker Karen Bass and co-authored by De La Torre. Click here to read it.

IMAGE: www.assembly.ca.gov


Thumbnail image for CHP logo 1_ots.ca.gov.jpgThe Legislative Analyst has released its take on the California Association of Highway Patrolmen plan to forego a half-percent raise that they were to take in July and put the money into a retiree health benefits trust fund. Assuming that the Legislature signs off on the deal, officers also would start putting in another 0.5 percent of their base wages into the fund, probably around Jan. 1.

The scheduled 2010 raise -- and it might not be much -- also would go into the union's retiree health benefits fund.

As reported by The Bee's Andrew McIntosh in this story, the state would begin matching the officers' contribution beginning on July 1, 2012. The combined contributions could total up to $40 million for the 2012-13 fiscal year. But, the LAO notes, "... the combined employee and employer contributions would be insufficient to cover the estimated $52 million annual contribution needed to retire unfunded CHP officer retiree health liabilities within the next three decades."

Still, the analyst notes, "If the proposal is approved, it would mark the first time that the
State of California and a group of its employees have begun to address unfunded liabili-
ties for state employee retiree health benefits through establishment of a retiree health
trust fund."

Click here for the LAO analysis.

The Bee editorial board endorses what CAHP has done. This link will take you to its Thursday editorial, "CHP contract a model for others."

IMAGE: www.chp.ca.gov

CalPERS Board of Administration candidates J.J. Jelincic, Inderjit Singh Kallirai and Muriel Strand answered questions about the fund and their candidacy during a 2-hour forum Wednesday night.

Candidates Cathy Hackett, Kurato Shimada, Dan T. Villella and Dennis Yates did not participate.

Questions from the audience of about 50 at Sacramento's Dante Club covered everything from the pension fund's viability and board-to-member communication to whether the fund applies to itself the same good governance principles it pushes for companies in which it invests.

Bee editorial writer Ginger Rutland and columnist Dan Walters asked the candidates about board member ethics, particularly in light of the newspaper's recent report on Charles Valdes and big-bust investments such as the infamous Landsource real estate deal. There was also quite a bit of back-and-forth over Gov. Arnold Schwarzenegger's proposal to create a two-tier pension system and whether the fund's support for legislation 10 years ago that boosted pensions -- particularly for safety personnel such as the Highway Patrol officers and correctional officers -- has hurt CalPERS' credibility.

It was a wide-ranging discussion. We'll soon post video of the forum so that voters can view the comments before casting their ballots. Click here for more information about the election.

A word of thanks to Jim McRitchie of PERSWatch for working tirelessly to organize and to promote the forum. Thanks also to The League of Women Voters for moderating the event.

Thumbnail image for Gavel.jpgService Employees International Union Local 1000 has filed its fifth furlough lawsuit, this one in San Francisco Superior Court.

The complaint, which you can read by clicking here, argues from several angles that Gov. Arnold Schwarzenegger's furlough order is illegal.

We were struck by how some of the points raised in the lawsuit have been raised by users of this blog. Among the union's arguments:

  • Schwarzenegger misused his emergency declaration authority to order the furloughs: "Those powers are used arbitrarily and capricously when they undermine Legislative decision-making about political solutions to budget problems."
  • The budget impasse that prompted the emergency order is over, but the furlough order remains in effect.
  • The order violates the separation of powers laid out in the state constitution.
  • The furlough order violates employment agreements, breaking federal and state constitution provisions "that prohibit the impairment of contracts."
  • Furloughs are "wasteful mismanagement of state resources" that "achieve no substantial benefit to the general fund ..."

Local 1000 is seeking coverage of its litigation costs and "such other and further relief as the Court deems appropriate." A hearing date hasn't yet been set.

IMAGE: www.yolocourts.ca.gov


The union representing California Highway Patrol officers has reached a deal to amend its contract with the state, trimming officers' wages for the next two years, Gov. Arnold Schwarzenegger said today.

The California Association of Highway Patrolmen (CAHP) agreed to amend its current negotiated contract deal with the Department of Personnel Administration and forgo a raise of 0.5 percent its members were supposed to get July 1.

But the raise money will be redirected to help pre-pay officers' retiree health benefits, the Governor's Office said.

Under the amended contract, which must still be ratified by CAHP members, officers will get no pay raises this year or next.

CAHP members also agreed to contribute pay raises their contract would have provided to help pre-fund their retiree health benefits.

The revised contract makes CAHP the first California union to start pre-funding its retiree health benefits, the governor said.

"California's Highway Patrol officers have one of the toughest jobs in this state, and I couldn't be more proud of their leadership today," Gov. Schwarzenegger said in a statement.

"In agreeing to this amended contract these officers are not only showing their responsibility in preparing for their health care future, but also proving their deep understanding of our state budget situation," the governor added.

"I hope that the great action by these men and women who put their lives on the line every time they put on their uniform will serve as an inspiration to others," he added.

CAHP spokesman John Hamm did not return a telephone call seeking the union's comment on the agreement.

The original contract would have given CHP officers a 0.5 percent raise effective July 1, based on an average of the salary raises received by five other major city and county police forces across the state - a tough sell when other state workers faced furloughs that left them with a 14 percent pay cut.

Instead, the raise - plus another 0.5 percent deducted from their paycheck - will go toward retiree health care costs once the agreement is ratified.

The union also agreed to dedicate its raise in 2010 - no more than 2 percent - to help pre-fund retiree health benefits. The cash-strapped state will match the 2009 and 2010 contribution rate, but won't make that payment until until July 1, 2012.

Schwarzenegger, who clearly is hoping other unions follow suit, said California has made billions of dollars of unfunded retirement health-care promises to its employees. He noted he's pushed for employee contributions like those the CHP union agreed to since his Public Employee Post-Employment Benefits Commission called for them.

The state's legal professionals' union has filed a grievance on behalf of Bargaining Unit 2 employees over the elimination of Lincoln's Birthday and Columbus Day as paid holidays. We broke the news about the changes in this TSW blog post.

On March 25, the Department of Personnel Administration issued PML 2009-017, which explained the changes to department personnel officers and employee relations officers.

Here's part of the e-mail that went out today to members of California Attorneys, Administrative Law Judges and Hearing Officers in State Employment:

On Monday, CASE filed a unit-wide grievance on behalf of all affected members of Bargaining Unit 2. CASE has requested that the State of California honor its contractual obligations, and immediately instruct all departments, boards, commissions, and agencies that the members of Bargaining Unit 2 are entitled to holiday leave as specified in section 8.1 of the MOU. CASE has also requested that DPA respond to the grievance in an expedited manner. In the event that the State fails to do so, CASE is prepared to take this claim to court to enforce the bargained-for, contractual rights of our members.

You can read the whole thing by clicking this link.

Download the grievance filed with the DPA by clicking here.

From this morning's Associated Press:

At least 87 California Assembly staff members received raises totaling more than $430,000 on an annualized basis, even as the state faced a growing budget deficit that led to furloughs and pay cuts for many other government workers and steep reductions in core services.

The review of records obtained under the state Legislative Open Records Act found that salary bumps went to three employees in the office of Assembly Speaker Karen Bass, the Los Angeles Democrat who leads the 80-member chamber, and three to staff members of the Democratic caucus she oversees.

In the 40-member Senate, nine staffers had a boost in pay, leading to an annualized increase of $152,000.

Aides to several members of the Assembly and Senate said some of the increases were not raises in the traditional sense. Rather, they described the higher pay as extra compensation for employees who were working more hours.

In the Assembly, 39 employees received pay increases of 10 percent or more. Of those, 15 saw increases of 20 percent or more.

In the Senate, seven of the nine who received increases saw their pay rise by 10 percent or more as they began working more hours, according to staff.

Five Assembly staffers and two Senate staffers who already made $100,000 a year or more saw their pay rise.

Click here to read the rest of the story.

Thanks to TSW blog user TH for flagging this.

From today's A1 story in The Bee by reporter and Home Front co-blogger Dale Kasler:

Reviving an idea he floated during budget negotiations in June, Schwarzenegger wants legislation creating a two-tier system that would deliver lower benefits to newly hired public employees - not only state workers but firefighters, police officers, teachers, and other local-government employees.

Dale mentions that current employees and retirees wouldn't be affected by Gov. Arnold Schwarzenegger's plan.

To read the rest of Dale's report, click here or tap "Governor wants to revamp battered public-worker pension programs" under the "Recommended Links" section on the right side of this page. You'll find other stories of state worker interest there, too.

As we mentioned the other day on News 10 Live_Online, part of the difficulty when talking about state workers' pay and benefits is that the bureaucracy is vast, diversified, and the compensation packages reflect that.

An editorial in today's Bee draws some distinctions. Click here to read "Unequal clout leads to pay gap."

090811 freeway.jpgThe American Council of Engineering Companies - California is countering the pro-public pension and anti-contracting ads funded by the Professional Engineers in California Government (which has bought space on sacbee.com as part of its campaigns).

If you're not familiar with the PECG ads, click here for info.

ACEC-California's release says that the PECG is, "... spending tens of thousands in taxpayer-generated dollars to create and run a series of ads attacking contracted out services and to spread misinformation about the real costs of state pensions."

This is the latest chapter in a long-running debate over whether private-sector contracting for services is a better option than having public employees do the work. The stakes are perhaps the highest for infrastructure construction, since one estimate concludes that the state has about $500 billion in projects will need to be done over the next two decades.

Click here to see the ACEC California press release.

IMAGE: www.gov.ca.gov

KGO-TV in the Bay Area ran a story about a Department of Public Health conflict-of-interest job memo that said part-time retail work is OK for its employees. Reporter Laura Anthony's story says the memo suggests state workers, "... fill their furlough Fridays with work at a retail store, like Target." She interviews some state workers who say the memo insulted them.

Click here to view the two-minute piece.

The story also quotes a DPH official as saying that the memo was a clarification for workers thinking about pursuing part-time work -- which is different than suggesting folks work retail on their furlough days.

We'll call DPH on Monday and ask for a copy of the e-mailed memo. Check back here next week to judge it for yourself.


The National Institute on Retirement Security has a new study that says,

Defined benefit pension income plays a critical role in reducing the risk of poverty and hardship for older Americans. Poverty rates among older households lacking pension income are about six times greater than those with such income.

The study finds that pensions reduce - and in some cases eliminate - the greater risk of poverty and public assistance dependence that women and minority populations otherwise would face, The Pension Factor reveals ...

Key findings indicate that pension receipt among older American households in 2006 was associated with:

  • 1.72 million fewer poor households and 2.97 million fewer near-poor households
  • 560,000 fewer households experiencing a food hardship
  • 380,000 fewer households experiencing a shelter hardship
  • 320,000 fewer households experiencing a health care hardship
  • 1.35 million fewer households receiving means-tested public assistance
  • $7.3 billion in public assistance expenditures savings, representing about 8.5 percent of aggregate public assistance dollars received by all American households for the same benefit programs

If you click here, you'll see a summary of the report with links to the full study, a press release, a fact sheet and an FAQ.

Column extras give State Worker blog users notes, data and insights that inform our weekly companion columns.

We thought you might like to see the data behind today's State Worker column, which you can read by clicking here. Click here to see the raw numbers from the Local 1000 master contract and the Consumer Price Index that fed the chart. Tap this link to download a chart that represents the numbers.

Thumbnail image for Thumbnail image for SCIF logo blk.JPGThe $250 award that State Compensation Insurance Fund President Jan Frank said the fund would give all of its employees has hit a bump with the Department of Personnel Administration.

From what we hear, this has been stewing for the better part of three weeks, starting with a letter from DPA to State Fund questioning the award, which would cost a tad less than $2 million total. The money would from insured clients' premiums.

Regular TSW users will recall we blogged about the Encore Award last month in this post.

On Wednesday, we spoke with State Fund spokeswoman Jennifer Vargen. She confirmed what we'd been hearing, namely that DPA had raised objections to the award. ("It's not a bonus," Vargen said.)

Shortly after that conversation, fund Human Resources Manager Andreas Acker sent out this e-mail to State Fund employees:

Hello,

The Department of Personnel Administration (DPA) has questioned State Fund's authority to issue Encore Awards for all employees.

We believe that with our quasi-state status, we do have the authority to implement the reward and recognition program we established. We based the decision to present this award to all employees in recognition of your continued service and commitment to our policyholders, brokers and injured workers during these challenging times.

You have gone above and beyond to ensure that California employers have a strong and stable option for their workers' compensation insurance, to make business possible and to protect employers and employees.

Given the DPA's challenge, there is additional legal review in process. We hope to have this resolved quickly and will keep you apprised.

Andreas Acker
Human Resources Manager

Meanwhile, we called DPA spokeswoman Lynelle Jolley to get the department's side of the story. "We have a program for individuals called the Superior Performance Award, which is limited and not a bonus. The payouts at SCIFdon't fit that program. We're reviewing that issue involving SCIF employees," Jolley told us.

kempton.jpgWill Kempton, now the former head of the Department of Transportation, sent a late-night e-mail to CalTrans employees on his last day to deliver the final word: No more alternative work schedules as of Sept. 1 through June 30, 2010.

Click here to read the e-mail.

Click here to see DPA's page for Alternate Work Schedules for furloughed employees.

IMAGE: Will Kempton / dot.ca.gov

 

State workers are about to get July checks in the mail. They'll show the impact of three furlough days.

To use the calculator above, fill in your monthly salary before furloughs in the top left yellow box, then click Enter.

We didn't make this furlough calculator, and we don't know who did, but it's accurate. For now, don't worry about the numbers in the fourth and fifth furlough day columns. A governor's spokesman said Monday that Gov. Arnold Schwarzenegger is not considering adding a fourth monthly furlough.

If your computer isn't loading the calculator, click here to see it in an Excel form.

A blog user that commented on The 'truth' about state worker pay? pointed out that most of the original numbers that were circulating seem to have come from the employer compensation section of the Legislative Analyst's Office 2007-08 budget analysis. Click here to see the numbers in Figure 2.

Looks like the LAO's numbers focused on just civil service employees.

Thanks for showing us.

And reader Curt Voss was bothered that the data in the graph wasn't cumulative. So he made a graph of his own, which you can view by clicking here.

His disclaimers:

"First, compared to my records the original email appears to have raises off by a year, i.e. you & I show a 5% raise in 2003-2004 while the original email lists it in 2004-2005. Second, I didn't adjust for the furloughs beginning partway through the year. Third, I pulled my CPI numbers off of the U.S. Bureau of Labor Statistics' CPI calculator & I don't know how they compare to yours. Assuming they're approximately correct, the striking thing to me is how we really started falling behind around 2003 even without the furloughs."

   A Bee colleague sent an e-mail our way last week with the subject line: "hey, i got this from my cousin, a stateworker. is this accurate? apparently it ran some place in the bee..."

Here's what our coworker was talking about:

The truth about state worker pay is: Here are the facts for those very few interesting (sic) in the truth. State workers received the following wage increases since 1991: 91-92 0, 92-93 0, 93-94 5%, 94-95 3%, 95-96 0, 96-97 0, 98-99 5.5%, 99-00 4%, 00-01 4%, 01-02 0, 02-03 0, 03-04 0, 04-05 5%, 05-06 0, 06-07 0 08-09 -15%. The net of all the pay raises over this 20 year span is 11.5%. Given that the CPI index (inflation) has increased 56.87% during the same time frame, the average state worker is now making 45.37% less in real income than the same worker made in 1991. State workers were paid at an equivalent rate as their federal counterparts 25 years ago. We now receive approximately 45% less than our federal counterparts. That is because their wages are adjusted for COLAs based on the CPI. If your real life job paid you 45% less than you were paid in 1991, you'd be screaming bloody murder.

Best we can tell, the numbers first surfaced as a comment in a TSW blog post. From there, it circulated through the state workforce via e-mail and took on a life of its own.

Now it's bounced back to us: We get a half-dozen e-mails each week asking whether the figures are accurate. Some accuse us of hiding the facts to fit a perceived anti-state worker bias.

Now, common sense will tell you that the numbers don't tell "the truth" about "state worker pay." There are 21 bargaining units that represent California's 200,000 or so union-covered employees. Another 35,000, give or take, are exempt workers. All of those groups have different wage deals.

For example, highway patrol officers and state engineers all received substantial raises at some point during the years outlined in the post. Those increases were arranged with the government to bring their pay into parity with similar jobs in regional and local governments. Between 1991 and this year, members of the California Correctional Peace Officers Association saw some of the biggest pay increases in state history.

Here's what we've cooked up from the data:

 

graph4.jpg

Click the link below to read the rest of this blog post, which includes links to union wage data.


Here are pay stubs for a state worker before and after furloughs.

Click here to view the December 2008 pay stub, before fuloughs.

Click here to view the April 2009 pay stub, after two furlough days.

Notes:

  • This person changed their retirement withholdings to offset the loss.
  • They lowered the percentage of their income withheld for federal and state taxes.

We're interested to see what the June pay looks like with three furlough days taking almost 15 percent of state workers' pay.

Thumbnail image for Thumbnail image for SCIF logo blk.JPG
The money is on the way to State Compensation Insurance Fund legal staff.

As you'll recall (and if you don't, click here), California Attorneys, Administrative Law Judges and Hearing Officers in State Employment won a lawsuit against State Fund and Gov. Arnold Schwarzenegger that claimed furloughing the roughly 500 fund employees covered by the union broke the law.

A San Francisco Superior Court judge ordered that the fund pay back the money lost to furloughs. That's now happening we're told by Controller's Office spokeswoman Hallye Jordan, who sent this e-mail after we called her Tuesday afternoon:

Looks like all of the retro payments have been "keyed," except 30, which are being "keyed" this week. Most of them are on Direct Deposit, which gets the retro payment into their bank two days after the payment is issued. If they are on paper, we send it to SCIF, which gets it to the employee. The SCIF attorneys will receive their full pay for July.

We followed up with questions about how much money is being paid back in sum and whether the payments include penalties or interest. Jordan passed our questions on to SCO payroll division staff and then forwarded the answers she received:

There was no interest or penalty associated with the back pay. We have not attempted to calculate the cost of this retroactive adjustment, and would have to write a program to extract that information. The transactions were key entered over a period of time, so the adjustments were issued over a period of about a week, not all in one payroll cycle.


I can come up with a rough estimate without writing a report to extract the information. With retirement and Social Security State contributions, it should total about $2.16 million. I arrive at this by summing the monthly salary of 465 attorneys currently working for SCIF ($3.6 million), multiplying this salary by the amount of the furlough reduction of 9.23%, then multiplying the total by 30% to add the State cost of Social Security and Retirement, and multiplying the total by 5 months. That would be pretty close to the full cost of the retroactive adjustments due to restoring the salary for the SCIF rank and file attorneys.

The next question: How is the fund addressing the disparities between employees who took furlough time off and those who deferred the time off?

We'll talk to State Fund and let you know how it resolves this precedent-setting issue, since it's possible another 5,000 SEIU Local 1000-covered employees may soon have the same question.

Thanks to blog user H for poking us about State Fund.

Thumbnail image for 090123 CHP badge.gifFrom the notebook features give you extra info, notes and quotes that inform news stories that we write. Today's piece on CHP pay, which you can read by clicking here, included a brief explanation of how the California Association of Highway Patrolmen and the state determine union members' annual wage adjustment. It's pegged to the results from surveying five law enforcement agencies around the state.

CAHP Executive Director Jon Hamm said that each year the two sides go through the numbers "with a fine-tooth comb." He's confident that this year's conclusion that the patrol is due a bump of less than 1 percent is "bulletproof."

The survey data supporting that conclusion won't be public until it's drawn up for the Legislature to consider. However, you can click this link to view survey pay tables from the last four years.

SCIF logo blk.JPG

Here's a note to all State Compensation Insurance Fund employees that came our way via a few fund employees. Our comments follow:

From: Jennifer A. Vargen

Sent: Wednesday, July 15, 2009 2:47 PM
To: SCIF AllUsers
Subject: Message from President re: Special Board Meeting and Encore! Award

Dear Colleagues,

As you have probably heard, the Board has called a special closed-session meeting for tomorrow. Information on this special meeting can be found on Scif.com. One item on the agenda is pending litigation during which the Board has asked for a further detailed update on both the CASE and SEIU lawsuits as they relate to State Fund and the furlough program. We will keep you posted as we have information to share.

In the meantime, I wanted to let you know that I have nominated all permanent and active employees at State Fund, who are not Executive Officers, for an Encore Award. The monetary award that comes with Encore! can not begin compensate people for lost income, but it does provide a tangible sign of my appreciation for your hard work and commitment to State Fund's mission in the face of incredible challenges. Your nomination form is attached to this email and provides more information about the Encore! award.

Jan Frank

CEO and President

The Encore Award is $250 dollars per person and the money comes from policyholder premiums. Given the bonus to all State Fund employees will cost just under $2 million, fund spokeswoman Jennifer Vargen told us when we reached her Wednesday night.

One State Fund employee speculated that the money was being doled out ahead of a move by the board to somehow keep SEIU-covered fund employees from an eventual settlement, assuming the union wins its pending furlough court case:

Maybe the State Fund Board of Directors, at tomorrow's meeting, will try to deprive only non-lawyer State Fund employees of the back pay by officially exempting all SCIF employees from furloughs, thereby preempting the SEIU lawsuit from going forward and the SCO's hands being tied. Perhaps lawyers will be able to obtain back pay because they already have an Order from Judge Busch.

We asked Vargen about that. She said that the board's closed session to discuss the CASE lawsuit and the upcoming SEIU furlough lawsuit shouldn't be linked with the the award.

"Jan just wanted to recognize employees for outstanding service during a very difficult time," Vargen said.

Click here to see the board's teleconforence meeting agenda for 2 p.m. today.

Here's yet another wrinkle to the State Compensation Insurance Fund legal decision that found furloughing its 500 legal staff broke the law: How do you compensate everyone for their furlough hours?

The answer matters big time because the resolution will set a precedent should other lawsuits eventually reverse the state's furlough policy.

Because state workers could self-schedule their furlough days from March through June, there are case-by-case differences in how many hours people took off work, although their pay has been reduced at the same rate. That creates an equity problem when you're talking about reimbursing money and time.

Consider this example of two employees who exemplify the extremes:

Let's say that Employee A and Employee B both took the two Fridays in February off work and without pay.

Then Employee A self-scheduled two furlough days off in March, April, May and June for 10 days total and a commensurate pay reduction of 80 hours (assuming a conventional schedule).

Meanwhile, Employee B from March through June deferred all the days off and worked, thinking she would lump them together for a long stretch off. Total time off: two days. Total pay reduction, because the state deducted the pay each month anyway, 80 hours.

Here's the thing: A and B lost the same amount of pay, but B also lost the leave time.

Clearly, both are owed money -- Judge Peter Busch said so -- but how do you fairly compensate B?

Now think about this: There will be workers in between our two extreme examples, folks who took off some of the days and worked through others.

Click the link below for the rest of this post.

State worker Pepper Lewis floated a trial balloon this week after the governor imposed a third furlough day each month on thousands of state workers.

With everybody hurting, especially couples where husband and wife are both employed by the state, she wondered what people might do to address their own personal budget gap.

How about a car wash run by state workers for state workers, held at gas stations where state workers buy a lot of gas statewide? Lewis suggested in an email to SEIU bosses.

Here are excerpts from Lewis' email:

We need money for our mortgages, cable bills, groceries, makeup, student loans, pet food, clothing, etc., and my husband and I both work for the State of California and we are both stewards.

I love physically active, hard work and would enjoy making $100-$200 on a furlough Friday, washing cars at a gas station sympathetic to my situation. Many state workers buy gas, we frequent these businesses, and I can find several business owners who would love to have responsible, mature, ethical, educated, team players washing cars and keeping the money for our expenses.

 I am tired of doing without my paycheck since February. We have lost a total of $500 per month, now the bleeding heart liberals and the conservative "no new taxes" folks cannot agree to compromise and sign our contract.

 Instead of us picketing, eating ice cream, crying, panicking, we need to do what President Obama said, we need to do what we did before the 'government' came along and gave us everything: we need to be entrepreneurs and make our own money providing a service people need. Dog walking, house cleaning, tutoring, baby sitting, lawn mowing, hair braiding, pan handling, performing street theatre, something.

Anyone want to join me? It'll be nice and hot. The cold water from the hoses will feel refreshing.

Let's hear your ideas on how to make up your own budget gap. Maybe you've already taken a part-time job and or cut spending. What's next for you?

The union that represents faculty members in the California State University system has launched a nasty counterattack against CSU Chancellor Charles B. Reed and his plan to furlough professors two days a month to save $275 million.

The California Faculty Association issued a blistering statement attacking Reed's budget cutting furlough plan after The State Worker reported Tuesday that Reed had pressed the union to put his furlough proposal to a vote by its members. 

Read that post here.   

The CFA's response was quick - and the tone was downright nasty.

"Chancellor Reed and his administration have focused for years on their own perks, spent millions on labor consultants and done little to advocate for adequate CSU funding; now their incomplete CSU budget proposal would address less than half the projected shortfall, leaving a $300 million deficit with no plan to close it; tens of thousands of students are at risk of losing out on a college education.

"Would you buy a "pig in a poke" -- in this case, a pay cut deal composed of vague promises about what is inside the paper bag? CFA won't.

The CFA said it's well aware of the massive budget collapse that the California University system is facing with the rest of the state and the union acknowledged that this coming year's state funding shortfall will be worse.

"So we expected to see a creative, well-thought-out plan from our leadership. Chancellor Reed's administration has long been raising its own compensation and packing the ranks of managers because, they claimed, they need the best at the top. Well, this is their time to shine," CFA President Lillian Taiz said in a statement.

"Instead, they have come up with a half-baked plan to cut employee pay that ostensibly would address a little less than half the funding shortfall. And, when asked about the remaining $300 million deficit, our Chancellor said he 'has no plan,'"Taiz said.

The CFA boss then said Reed's Monday statement misrepresented its talks with CFA.

The union said CSU brass omitted the most important questions it asked about the Chancellor's proposal that basically asks for a blank check to deal with the crisis.

The question? If CSU faculty agrees to a furlough, will that prevent layoffs?

The CFA says the answer it got was a resounding "No" from senior CSU university executives, many of whom earn more than $300,000 a year and live rent-free in university owned homes and are supplied university-issued cars. 

California State University Chancellor Charles B. Reed is publicly pressing leaders of the California Faculty Association to let members of their union vote on a proposal to take two furlough days a month as part of $584 million in budget cuts.

In a statement posted on CSU's web site, Reed said his officials have met with the faculty union three times to discuss furloughs.

But CFA has yet to schedule anything so members can vote on the proposal. 

Reed appears to be getting impatient with CFA, judging by a message he posted on CSU's Web site, which you can read in its entirety by clicking here.

"We have provided answers to the questions posed by the CFA during our last meeting, and are urging them to present the furlough option to their members for a vote. We need to move forward to address the massive budget cuts that the system is facing before the impacts are magnified," Reed said.

Charles Reed Cal State University Chancellor.jpg"The CSU is facing an unprecedented crisis and it will take cooperation and shared sacrifice from all of us to get through this next fiscal year and beyond," Reed added.

There are about 23,000 faculty members in the CSU.

CSU said it proposed furloughs to all of its labor unions as a way to address an anticipated $584 million cut, or 13 percent reduction, to CSU's 2009-10 budget.

If adopted by all the unions, furloughs could cut CSU's salary expenditures by about $275 million. CSU said it's eying other spending cuts to cover the rest of the budget gap.

Collective bargaining agreements between the CSU and its employee unions include provisions covering mandated non-retention and layoffs, but not furloughs. Each bargaining unit, therefore, must agree to negotiate furloughs, Reed said.

So far, only two --the California State University Employees Union (CSUEU) representing 16,000 non-academic employees and the Academic Professionals of California (APC) representing 2,400 student service employees-- have agreed to talk furloughs.

Reed's putting his money where his mouth is: on June 5, he already introduced a series of changes to CSU regulations that could pave the way for furloughs and salary reductions among CSU management and executive personnel.

To see the proposed regulations for executive furloughs, click here. 

IMAGE: Chancellor Charles B. Reed, California State University Photo

With one of the year's biggest long weekends looming, the California Highway Patrol says officers will keep close tabs on revelers and do everything possible to keep roads safe.

The Independence Day long weekend is huge for the 7,600 uniformed officers who make up the state's highway police force.

 All available CHP officers will be on the road to help keep the fireworks where they belong - in the sky, CHP Commissioner Joe Farrow said in a hews release.

Last year, 41 people died on California's roadways, Farrow noted, with nearly half of those killed in CHP jurisdiction not wearing seat belts at the time of the crash.

Long before the long weekend arrives, the CHP may spark some fireworks of its own.

We still don't know what the California Association of Highway Patrolmen's raise will be for the 2009-2010 fiscal year, a figure usually announced before now.

Neither CHP spokeswoman Fran Clader nor Department of Personnel Administration spokeswoman Lynelle Jolley was able to say today  if CHP officers get a raise. 

The CAHP's contract calls for its officers'  wages to automatically adjust in July, using an average calculated from the results of a salary survey of five big law enforcement agencies around the state.

The city police  agencies included in the survey are Oakland, San Francisco, San Diego and Los Angeles, along with the Los Angeles County Sheriff.

The CAHP has suffered none of the furloughs forced upon other state workers. 

For that reason alone, even a modest raise could trigger a lot of anger and outcry.

 

We were traveling on a Southwest flight last week and our ears perked up.

An articulate state attorney sitting behind us started complaining about how her colleagues in other agencies are knowingly abusing their state vehicle privileges, using their work-assigned cars and trucks to run personal errands and trips on the taxpayer dime.

Downright refreshing, though not necessarily true. Or is it?

The attorney, it seems, is not the only one worried about what taxpayers see and think as the newer model state cars and trucks idle at a bank or zip into the supermarket parking lot.

The Department of General Services released an annual update of its fleet vehicle handbook for state workers last month.

To read it, click here.  It included this gem of a warning, always worth repeating:

The operation of a state vehicle is a highly visible activity that deserves the attention of each state agency.

The public's awareness of state vehicles and their concern about proper use has been heightened by the current economic situation.


 The booklet continues:

State agencies and all state employees are responsible for knowing and following state fleet rules, including, but not limited to the following:

1. State motor vehicles shall be used only in the conduct of state business.

2. Commuting in state vehicles is allowed only in compliance with specific guidelines and all costs must be reimbursed to the state.

3. A Home Storage Permit is required if a state vehicle is frequently kept overnight at or in the vicinity of an employee's home.

4. Carrying in the vehicle any persons other than those directly involved with official state business is prohibited unless permission is obtained in advance for each trip by the employee's supervisor.

5. State agencies and employees are responsible for properly reporting personal use of state provided vehicles, considered compensation by the Internal Revenue Service and Franchise Tax Board.

6. Smoking in state vehicles is prohibited.


Now, we often hear the claim that home storage permits are abused.

The occasional case even surfaces in state auditor reports.

So tell me, state workers, is the abuse of home storage permits uncommon, as we suspect, or is the reality far different?


The pain caused by free falling state tax revenues is spreading beyond California.

In Hawaii, Governor Linda Lingle wants to furlough her state workers three days a month until 2011. 

The unions are challenging the plan in court.  A hearing is expected this week.

Gov. Lingle is grappling with a $688 million budget shortfall after already trimming $2 billion from her state's budget.

She vows that if her plan to furlough that state's 15,600 state workforce starting July 1 is nixed by the court, she will issue at least 2,500 layoff notices soon afterward.

At least three of the four state employee unions have gone to court to stop her plan, saying that the proposed furloughs are illegal and violate the state's constitution.

For details about the Hell in Hawaii, click here to read a Honolulu Star-Bulletin report.

Then, click here for an Associated Press report that suggests the battle between Lingle and her state worker unions could "literally come down to a trio of sentences in an obscure state labor statute."

Thumbnail image for Thumbnail image for Gavel.jpgBlog posts from the notebook give you insights, notes and quotes that inform news stories that we write.

Our story in today's fiber and cyber Bee looks at the history of the California Correctional Peace Officers Association and whether its influence is a casualty of the state's threadbare economy.

Here are some of the documents and research that informed our writing:

The Mediation Impasse Request
The state's account of events leading up to the imposition of the last, best and final offer. Includes transcripts from bargaining, correspondence and more. 77 pages.

CCPOA v. State of California
The 2007 court ruling that the state didn't breach an oral contract with the union. 12 pages.

CCPOA / DPA letters
Correspondence between the union and the Department of Personnel Administration about furloughs. 11 pages.

Kurt Stoezl, Elvira Harris, Bruce Cook and Randy Stroud v. CDCR, etc.
The union's "donning and doffing" lawsuit.17 pages.

CCPOA v. State of California
The opening brief of CCPOA's "donning and doffing" appeal. 42 pages.

"The Status of Donning & Doffing Cases For California Peace Officers"
A summary of donning and doffing cases written by attorney Gary G. Goyette. Four pages.

Occupational Employment and Wages, May 2008 / 33-3012 Correctional Officers and Jailers
The Bureau of Labor Statistics' annual survey, which was updated last month.

Inmate Incidents in Institutions
Corrections and Rehabilitation's 2006 report on inmate crimes. PDF pages 6 and 7 have the assault and battery figures. 20 pages.

Employees Killed by Inmates
A list of CDCR staff murdered by inmates from 1952 through 2008. Three pages.

IMAGE: www.yolocourts.ca.gov

UPDATE @ 6:10 p.m.: We've heard back from the governor's office. We've inserted the response into the post in boldface type.

The Schwarzenegger administration has considered adding two more furlough days to state workers' monthly schedules, according to Alan Barcelona, president of the California Statewide Law Enforcement Association.

During an interview with The State Worker on Monday, Barcelona said that the governor's chief of staff, Susan Kennedy, had spoken to the California Coalition of Law Enforcement Associations before the May 19 special election. During that meeting, Barcelona told us, Kennedy "said that we're looking at four-day furloughs and massive layoffs" if voters defeated the special election initiatives that aimed to raise taxes and cap spending to close California's budget gap.

We called Schwarzenegger spokesman Aaron McLear, who confirmed with Kennedy that she had spoken to Barcelona and others. McLear said that she didn't recall talking specifically about three furlough days or four furlough days, but McLear didn't deny the possibility.

"Look, there are few direct ways that the governor can get savings," McLear said just after 6 p.m. today. "If our budget situation worsens or our revenue situation worsens and if we don't have a responsible budget solution, it is very likely that more furloughs and layoffs will be implemented."

We've put a call in to the administration seeking comment. We've not yet heard back, but we'll update this post when we do.

With the state facing a $24.3 billion shortfall, observers have speculated that Schwarzenegger's May proposal for a 5 percent across-the-board state worker pay cut -- which Democratic-controlled committees rejected last week -- was a prelude to ordering a third furlough day.

A third and fourth furlough day would double the current furlough pay reduction of 9.3 percent to 18.6 percent and save the state roughly $940 million over 12 months, extrapolating from savings estimates that the administration has put forward for the current furlough policy.

Bee Capitol Bureau reporter Susan Ferriss is keeping on top of which state senators are cutting their own pay by 5 percent, in keeping with Senate President Pro Tem Darrell Steinberg's call for his colleagues to lead by example. Click here for the latest on who has requested that the Controller cut their wages, effective July 1.

We've heard from public pension crusader Paul McCauley. He's the author of a ballot initiative that the Secretary of State's has authorized for signature collection to qualify for a statewide vote. The measure would create new taxes on California residents who get more than $40,000 annually from pension distributions, Social Security, or the cash value of health care benefits.

It could also put a one-time tax on folks living outside California whose pension benefits exceed $50,000 in a year and who earned income in the state before they retired.

And, as we noted in this blog post last week, it may be illegal.

TSW regulars know McCauley's history, but if you're not familiar with him, click here for earlier items about the SoCal CPA and his penchant for writing ballot measures. So far, none of the proposals have reached the ballot for a vote.

McCauley sent an e-mail that included a link to what he said was a blog for which he regularly writes. Here's the link. We haven't yet confirmed that this is part of a blog, but since McCauley has become a person of interest on this blog and his writings are in the public domain, we thought we'd share his post as a way to inform debate about his initiatives.

UPDATE June 17 at 6:45 p.m.: Fred Arn, owner and publisher of Forest Ranch-based LocalNews1.net, confirms that McCauley is a contributor to his Web site. The blog is accessible through the homepage link, "localnews page 1," if you'd like to see what McCauley writes each week.

The Bee's Jim Sanders reports legislators have rejected the 5 percent across-the-board pay cut for state workers that Gov. Arnold Schwarzenegger proposed.

Click here for that story.

And here's the top of a piece by Capitol Bureau colleague Susan Ferriss:

Senate President Pro Tem Darrell Steinberg on Tuesday urged his fellow senators to agree to a voluntary 5 percent salary cut effective July 1.


"As we grapple with tough choices to bring our 2009-10 state budget back into balance, the Senate must also make adjustments to the Senate's operating budget," Steinberg, D-Sacramento says in the letter addressed to senators and Senate staff.

Click here to read it.

We always respect blog users willing to publicly put their names with their critical comments. Here's an e-mail cc'd to us by Richard Hildebrand, a state worker with whom we've privately corresponded many times. We're posting his missive here, unedited, with his permission:

From: Hildebrand, Richard (DHCS-BWARD-RDB-WAS)
Sent: Friday, June 12, 2009
To: 'Assemblymember.Bass@assembly.ca.gov'; 'Assemblymember.blakeslee@assembly.ca.gov'
Subject: ADDITIONAL CUTS TO STATE WORKERS ARE UNFAIR
Importance: High

I am a State of California employee. I have worked for the State for over 28 years.

I am writing to indicate my opposition to any additional cuts to state workers salaries beyond the current 2 day per month (10 percent) furloughs unilaterally - and perhaps illegally - imposed by Governor Schwarzenegger.

The Governor's and Legislative Analyst Office (LAO) proposals to increase pay cuts another 5 percent, would bring State workers pay cuts to a total of 15 percent. I think anyone can recognize that a 15 percent pay cut is a very large pay cut to any worker.

In the Wednesday 06/10, and again in today's Sacramento BEE, I have read that the Democratic caucus is beginning to consider a number of options to try to save, or limit cuts, to vital programs - through either using some of the budget reserves or raising revenues. I will let the Legislature come to their own decisions as to how to deal with California's current Budget crisis.

What I am disturbed about is how unfair the proposed level of pay cuts to State employees appears to be.

To continue reading the letter, click the link below.

We're writing a quick story for tomorrow's business section, but we thought TSW users would appreciate seeing the 2010 health insurance premiums that CalPERS Health Benefits Committee approved today. The rates become official if the fund's Board of Administration votes for them tomorrow. We expect it will.

Click on the following links to see the premium tables:

CalPERS 2010 PPO Premiums -- State

CalPERS 2010 HMO Premiums -- State

2010 100/90 State Annuitant Contribution

CalPERS 2010 Association Premiums

Thumbnail image for Thumbnail image for Dollars and cents.jpgWe're starting to hear that state workers are moving up their their retirement dates. This is purely anecdotal, but the sense we're getting is that furloughs, declining morale, the budget crisis and a sense of overall erosion in the bureaucracy is pushing some people toward the exits.

The governor's recent proposal to cut state employee pay by 5 percent across the board may have been the clincher for many. That cut, unlike the furlough policy, would affect leave cash outs because it would reduce base pay, as we recently reported in this blog post.

Last week we asked the State Personnel Board for the latest age breakdowns for the state workforce. As of May 31, about one in five state workers was 55 or older. Add in those employees age 50 to 54, and the percentage of state workers eligible to retire within the next five years is about 35 percent.

Click here to see the SPB report. (Thanks to Madeline Olsen at SPB for helping us out.)
On average, state workers retire at age 60 with 22.7 years of service, according to CalPERS.

We thought about those statistics as we read this recent e-mail from a state supervisor who said that two key staffers were leaving for "greener pastures" in the private sector. (We've omitted some details because this person is not authorized to speak about personnel matters and isn't a spokesman for his department.)

The first of many staff exiting state service. They ... haven't had a contract for ... years and were already 50% behind market pay ... even before the 15 % cut.


They will take vacation payouts in the 50 to 75 thousand range for accrued vacation which hits department budgets hard ... First time in my (many) years (of service) that two ... left at once.

We've asked CalPERS for any retirement inquiry or application data that it tracks to see if a larger trend exists. We'll report what we hear from the fund.

IMAGE: freephotos.com

CalPERS sent a memo to its employees why some overtime worked in June might not be paid until August because of work rules that went into effect earlier this year.

Read more about the memo after the jump:

The lastest pension proposition by ballot initiative baron Paul McCauley could run afoul of the law, according to the Legislative Analyst's Office.

McCauley, a Southern California CPA, has written several unsuccessful ballot initiatives targeting the income and revenue of government retirees and large corporations.

The latest McCauley ballot measure, which has been given the Secretary of State's OK for signature collection to qualify for a statewide vote, would create new taxes on California residents who get more than $40,000 annually from pension distributions, Social Security, or the cash value of health care benefits.

It could also put a one-time tax on folks living outside California whose pension benefits exceed $50,000 in a year and who earned income in the state before they retired.

But just because McCauley has authorization to collect signatures to qualify the measure for the ballot doesn't mean it's legal.

Here's what the LAO says:

Potential Legal Problems of the Excise Tax. The measure raises legal issues that could result in the excise tax being invalidated under federal law. According to FTB, states are prohibited from imposing an income tax on the retirement income (from an in-state employer) of a nonresident. While the proposed excise tax is not technically a tax on current income, the outcome is similar (especially since this measure allows the excise tax to be paid over time). As a result, the excise tax may not survive a legal challenge. In that case, the annual revenue estimate would drop by $1 billion to $3 billion.

Read more of the LAO's analysis by clicking this link. You can read about more about this latest McCauley measure and his earlier ones by clicking here.

We've attempted to contact McCauley, who corresponds only via e-mail, but he hasn't responded.

The Association of California State Supervisors wants members to visit legislators and fire off personal e-mails to them opposing Gov. Arnold Schwarzenegger's proposal to cut state worker pay by 5 percent across the board.

In an e-mail blast sent late Wednesday, the group called Schwarzenegger's pay cut plan, "the most draconian yet," because it's open-ended, doesn't offer time off in exchange for lost pay and "does reduce your retirement base salary."

Click here to see the association's e-mail.

Thumbnail image for Dollars and cents.jpgWe were thinking about Gov. Arnold Schwarzenegger's 5 percent across-the-board state worker pay cut proposal, when a question came to us: What does that mean for people who retire July 1 (the date the governor hopes to implement the wage cut) or later with leave time on the books to cash out?

So we asked the Department of Personnel Administration. The answer: Those people will be cashed out at the reduced rate.

Leave by June 30 and cash out based on your pay right now. Leave July 1 or later, your saved up time loses 5 percent of its value.

For some state workers we know personally, the difference could amount to thousands of dollars when they leave state service.

Furloughs aren't a factor in cash outs because reducing pay with a corresponding reduction in time worked is not a change to base pay. The governor's pay cut would be a change to base pay.

Of course, this all assumes that the Legislature goes along with the wage-cut plan.

IMAGE: freephotos.com

mikeeng.jpgAssemblyman Mike Eng, D-Monterey Park, has told the State Controller's Office to immediately reduce his pay by 18 percent.

The self-imposed pay cut takes Eng's annual salary from $114,682 to $94,039.

The move mirrors a recent decision by the independent commission, that sets pay statewide elected officials. The Californian Citizens Compensation Committee last month approved an 18 percent pay cut for officials, but it won't go into effect until December 2010 because the state constitution prohibits cutting elected officers salaries mid-term.

However elected officials can cut their own salaries with a brief letter to the controller. Eng's letter reads, in part, "Although members of the Legislature are most deserving of their compensation, I have decided to reduce my salary in light of the severe budget deficit that the state of California is facing."

Click here to read the Eng press announcement.


The National Conference of State Legislatures is tracking, belatedly, state budget shortfalls around the country and the impact to state workers as of April.

One table on the conference's Web site details furloughs and layoffs by state. Click here for that list.

Another list, "FY 2010 Actions & Proposals to Balance the Budget: Employee Actions," lays out states that have proposed or executed other policies to save cash including hiring and salary freezes, early retirement offerings, travel bans and changes to benefits. You can view that table by clicking here.

The Web site also has an interactive map that shows the condition of state budgets around the country as of April. Click here to view it, but be warned: California's data is way out of date.

And finally, former Bee reporter Herb Sample reports, "Gov. Linda Lingle has ordered three days of unpaid furloughs each month for 14,500 state employees to help erase a $729 million budget shortfall." You can read the rest of that story, which has moved on the Associated Press wire, by clicking the link below.

Thumbnail image for 081208 Yvonne Walker.JPgSEIU Local 1000 president Yvonne Walker has sent an e-mail to members that says, in part, "Our attorneys say it is illegal for the governor or the Legislature to unilaterally cut wages, and we will file legal papers to block this action that the governor says he will propose to the Legislature."

The statement also asserts that the state can save big money from canceling personal services contracts, although it doesn't say how many more state workers would need to be employed to cover the work now handled through those contracts.

You can read Walker's statement by clicking here.

IMAGE: Yvonne Walker / Sacramento Bee, Brian Baer

In today's fiber / cyber editions of The Bee:

Our A1 piece on why it probably doesn't matter if the Legislature refuses to cut state worker pay by 5 percent. Click here to read, "State pay cut likely; how it's done is the question."

Then there's Bee columnist Marcos Breton's column, "'Fiscal Armageddon' applies everywhere but Legislature." You can read that by clicking here.

And check out what executive editor Melanie Sill says today about The State Worker blog and its companion Thursday column by clicking this link.

We just got off the phone with Schwarzenegger administration spokesman Aaron McLear. Some excerpts from the conversation:

TSW: How likely is it that the Legislature will approve these cuts, particularly the 5 percent state worker pay cut?

Aaron McLear: We're not putting bets on any part of our proposal. This is what the governor believes is the best way to get out from under a $24 billion deficit. If the Legislature has other ideas, we're anxious to talk about that with them.

TSW: Is there a Plan B if legislators don't go along with cutting state worker pay?

McLear: Our proposal is our proposal. The state worker pay cut is just one of many elements up for debate.

TSW: OK, straight up: Is the governor prepared to order more furloughs if he doesn't get the pay cut?

McLear: What the governor has put together is what he believes is the best way to (handle the budget mess). If he needs to take executive action to realize savings in the future he will do that. You can't discount anything.

We're continuing to report on Gov. Arnold Schwarzenegger's proposal to cut state worker wages by 5 percent. You can read our story in today's Bee by clicking here.

We have plenty of questions, not the least of which is whether the Legislature will agree to this. Our e-mail is filling up more quickly than we can empty it, so please use the comments section below to post your questions about the pay cut proposal. We're working on getting answers.

vault.jpgThe state spent less on employee wages in February and March than in December and January. Payroll expenses also fell compared with the same two-month stretch in 2008, according to numbers The State Worker has received from the state controller's office.

Payroll for February, when Gov. Arnold Schwarzenegger's two-days-per-month furlough order went into effect, fell to roughly $1.46 billion, down from $1.60 billion in January. Last year, the state cut February payroll checks totaling $1.52 billion.

Meanwhile, the number of state workers grew slightly, according to the controller's data. Checks went out to 239,791 employees in February, compared to 238,970 in January. The state employed 240,346 workers in February 2008.

Full-time employees accounted for most of the growth, their numbers going from 211,639 in January of this year to 212,616 the following month. There were 206,865 full-timers in February 2008.

March 2009 payroll grew to $1.48 billion, and the total number of employees grew to 213,001.

You can see more of the data by clicking here to view the Excel spreadsheets.

So state payroll costs fell even though the number of government jobs grew. But we asked for the payroll data (including specifics on overtime) to see whether we could determine how much, if anything, the state is saving because of furloughs.

It's hard to tell from these numbers (the only ones that the controller's office could provide), and here's why, according to spokesman Jacob Roper:

1 - The numbers include all pay except a few kinds of leave (so overtime is still there).

2 - Other savings, like employer contributions to federal programs, will not be reflected.

3 - Other costs, including the administration of furloughs, programming changes to payroll, etc., will not be reflected.

4 - Employees that used to participate in the voluntary leave program can now use furloughs.

5 - Employees can use furloughs in place of vacation days or planned medical leave, which means those days continue to accrue.

Assembly Speaker Karen Bass, D-Los Angeles, said this morning that she believes the SEIU Local 1000 contract needs to be passed, but she also left open the possibility the governor might need more concessions if California's economy continues to slide.

During an hour-long conversation with Bee Capitol Bureau reporters this morning, Bass talked about AB 964, which failed to pass an Assembly floor vote last week when Republicans refused to put up a single supporting vote.

Roger Neillo, R-Fair Oaks, urged colleagues to vote against the bill or abstain to give Gov. Arnold Schwarzenegger some leverage by holding out on the contract approval as long as possible so that the SEIU State Council doesn't mount a major attack-ad campaign on May 19 ballot propositions he favors, such as 1A.

Here's what Bass said about putting the bill up for another vote before the May 19 election: I think that the governor negotiated a contract and both sides made major concessions and that was negotiated in good faith. Whether we put it up again (before the May 19 election), I'm not sure. We might. I'll have to evaluate that.

On why the bill was put up for a vote when it looked like Republicans wouldn't support it: It wasn't entirely apparent (that Republicans would unite against AB 964). We were receiving mixed messages, so it was important to push for it.

On whether the governor could make further cuts I think that the contract should move forward and it should be ratified. Now having said that, the contract does not limit the governor from ever going back, it does not say he can never go back. Obviously, if the recession gets deeper, sure, you have to go back and look...But I do not believe that should be used as an excuse to not ratify this contract.

The California Citizens Compensation Commission will meet in Burbank on May 20, the day after the special election, to take a second run at cutting salaries for elected state officials by 10 percent.

It will be the second meeting for the commission this year. In late April, commission members voted 3-1 in favor of the 10 percent pay cut.

But the cut couldn't take effect because the seven-member panel needed four votes to pass the motion, and the Schwarzenegger administration hadn't filled three board vacancies.

The governor has since filled those vacancies with people he said support the pay cuts, and it now looks like a done deal.

The state constitution requires the commission to meet by June 30 of each year.

Officials whose salaries would be targeted by the cuts include all legislators as well as the governor, treasurer, controller, attorney general, insurance commissioner, and elected members of the Board of Equalization. Any cuts approved won't take effect until the end of 2010 after the statewide election.

To see who earns what these days in California, click here.

For details about the meeting, click here and visit the Department of Personnel Administration's Web site.

If you want to testify and add your 2 cents to the debate, you have to call beforehand, and limit your testimony to between five and seven minutes.

Jim Zamora, SEIU, Local 1000 spokesman, just released the union's take on today's Republican refusal to vote for AB-964 in the Assembly.

 That's the bill that would put the recently reached collective agreement with the Schwarzenegger administration into law.

It's a prepared statement from Yvonne Walker, Local 1000 President, who said:

"How could 29 Republican legislators refuse to support a bill that saves the state so much money? This bill will save the state $340 million and could lead to nearly $1 billion in savings if applied to all state workers," Walker wrote.

 "We negotiated this contract with the governor in good faith to help close the budget shortfall. More than 90 percent of our members voted to ratify this agreement. Once again, Republicans failed to do their jobs."

SEIU, Local 1000, the largest state worker union, says it is now is asking thousands of state workers in nine Republican districts, including residents of Assemblyman Roger Niello's Fair Oaks district, to push their elected representatives to support the bill.

Assembly Speaker Karen Bass issued her own statement:

"Ratifying this agreement would have benefited the people of California by achieving savings in one of our largest group of public employees - savings from salaries, from furloughs, from overtime, and from eliminating holidays," she said.

"I am disappointed that not even a single Republican Assembly member voted to support this cost-saving deal the governor cut with the state workforce," Bass added.
Republican Assemblyman Roger Niello urged his peers in the state Assembly today to either abstain or vote against a bill that would ratify the Schwarzenegger administration's contract agreement with the Service Employees Union, Local 1000.

Prior to a late morning vote, Niello, R-Fair Oaks, told the Assembly he felt it was "awfully inappropriate" for legislators to approve the SEIU contract before California voters themselves actually  vote on six different ballot propositions to close the state's budget deficit in the May 19 special election.

"It can wait until June or after," Niello told the Assembly.  "We should not preempt the voters by dealing with this issue today."

Members of the Assembly then voted 50 to 14 to support passage of the bill, a result that left it four votes short to earn the required two-thirds majority. 

But the vote remains open so SEIU and its supporters can still muster extra votes. 

Assemblyman Ed. Hernandez, D-West Covina, said he understood the arguments advanced by Niello, but he added that the state made a deal with SEIU members which it must now honor by passing AB-964 in the legislature. 

Hernandez said union members agreed to numerous concessions for the next 17 months, including furloughs, to save taxpayers more than $900,000.  Legislators  have a duty to pass legislation that paves the way for those measures, the Democrat said.

Members of the Assembly then voted 50 to 14 to support passage of the bill, a result that left it four votes short to earn the required two thirds majority. 

But the vote remains open so SEIU and its supporters can still muster extra votes. 

Stay tuned.  We'll update you as soon as we get the final vote.

State Auditor Elaine Howle today updated a 2007 report in which she said that the rising cost of providing health and dental benefits to retired state workers represented a significant risk to state finances if legislators don't deal with the problem.

In her 2007 report, Howle's office estimated it will cost the state $48 billion to provide future post-employment medical and dental benefits to retired state workers.

California and many other state and local governments only budget enough money every year to pay premiums for retiree insurance, instead of setting aside funds to cover all future costs to the State.  This is known as "pay-as-you-go" funding.

This gives Howle's bean counters a case of financial chills.

Why?  The state must now estimate and report these future costs, or liabilities, in its financial statements as required by new accounting rules.

In its fiscal year 2007-08, the state paid only $1.25 billion of the $3.59 billion annual bill for retiree health and dental benefits. The $2.34 billion difference is a future liability.

In today's update,  Howle said the gap will rise to $4.71 billion for fiscal 2008-09.

Click here to read the full report.

The state auditor's big concern?  If the liability grows so large that it overshadows others in state  financial statements, it could affect California's credit rating.

A weaker credit rating could add to the state's budget woes by making it more expensive for the state to borrow when it issues bonds.

Howle argues this risk could  be reduced if the state starts setting aside more money now for these future bills.
The California Foundation for Fiscal Responsibility (CFFR) today put on the Web a list of nearly 5,000 retired state and municipal workers who are collecting $100,000 a year or more in pension money from the California Public Employees Retirement System.

The CFFR database of 4,818 names is available in a searchable format here.

Dubbed "The CalPERS $100,000 Pension Club," its home page features a list of the top 10 pensioners getting the most from CalPERS.

Bruce Malkenhorst, a municipal government retiree from Vernon in Southern California,heads the list with an annual pension of $499,674. For more on him, see this 2007 report in Forbes Magazine.

Donald Gerth, the former president of California State University, Sacramento, ranks third in the list with a cool $278,054 annual pension. ( Yes, that's his pension.)

"We feel it's time for transparency on this issue," said CFFR vice-president Marcia Fritz.
"In the current economic climate, it's important that taxpayers know what kind of pensions our public employees are receiving and what the budget implications will be."

CFFR was founded in 2007 by Keith Richman, a former LA County Republican assemblyman.

Richman says the foundation's sole purpose is to highlight  the skyrocketing costs of public employee retirements.

"If we don't do something soon there may be several government entities that go bankrupt, and those that don't are going to die from a thousand cuts in services,"  Richman said in his group's news release.  

CFFR says it obtained its list from CalPERS under the state's Public Records Act.

CFFR, a non-profit political organization, says it's committed to educating the public and key decision makers about California public employee retirement benefit issues. The group believes that managing pension and retiree health care benefits promised to public employees is "the most critical public finance issue of this decade."

Many state workers were upset when The Bee  first published a list of state worker salaries. Others celebrated the transparency effort.  It will be very interesting to see what kind of reaction CFFR gets with this effort.

With the recent attention on staff salaries at the Legislature, Bee researcher Pete Basofin looked at what California's elected state workers make compared with lawmakers in other states.

His conclusion: "It turns out California lawmakers make the most -- by a large margin." Check out the details on Pete's blog, I-Tool Tips.

Bass-Amezcua-2009.JPGBoard of Equalization employee and SEIU member Bobbi Smith sent this letter to Assembly Speaker Karen Bass and cc'd us. Smith gave us permission to post it here, unedited:

From: Smith, Bobbi

Sent: Thursday, April 23, 2009 1:49 PM

To: Assemblymember.Bass@assembly.ca.gov

Cc: Zamora, Jim; Perez, Edwin; Ortiz, Jon - Sacramento

Subject: Pay Increases for Legislative Staff

While I was happy to see the Legislative Staff salary increases rescinded, I was unhappy with the reasoning. This was purely a political reason, in support of the ballot initiatives.

In defense of the salary increase you stated that the Assembly has tightened its belt and streamlined it operations. All state departments have had their budgets cut within the past year and had to do the same. The constitutional offices had their personnel budgets further cut as retaliation for not participating in the Governor's furloughs.

While state employees represented by SEIU Local 1000 are having their salaries cut by 9.2%, until a new Memorandum of Understanding is crawling its way through the Assembly which would reduce their salary cuts to 4.62%, you are giving your staff pay increases. If there is money to give salaries increases to the Legislative staff, why are union represented employees having their pay cut? Why aren't the individual departments charged with finding their own cuts to avoid cutting employees' salaries?

Employees whose salaries are funded by the State should not be receiving salary increases under any circumstances if any State employees are having their salaries cut. You are sending a message to union represented employees that their hard work and sacrifices are not valued on the same level as other employees. This is the wrong message to be sending.

Bobbi Smith
President, DLC 782
SEIU Local 1000

IMAGE: Karen Bass / Sacramento Bee, Hector Amezcua, 2009

This just out from CalPERS' Office of Public Affairs:

The California Public Employees' Retirement System (CalPERS) Board of Administration today approved using $265 million in excess reserves from its self-funded preferred provider organization (PPO) plans to offset premiums and contributions paid by members and employers for two months. It is subject to approval of a technical change in State law.


The Board's action to use the multi-million dollar reserves to offset health premiums will mean an average savings of $134 over two months for 324,000 CalPERS members enrolled in its PPO plans, a total savings of more than $43 million over two months.

The decision also frees up nearly $131 million for the State of California, and more than $91 million for over 1,140 contracting agency employers - entities that have been struggling with budgetary shortfalls and revenue loss.

You can read the entire press release here.

The fund also announced this:

The CalPERS Board of Administration today approved a pilot program designed to improve health care quality, enhance service, and reduce costs. CalPERS will partner with Blue Shield of California, Catholic Healthcare West (CHW), and Hill Physicians Medical Group to implement the pilot starting January 2010.


The program will create an integrated health care model that aligns incentives among the health plan, hospital system, and medical group. These entities have also agreed to be at financial risk should the pilot's cost reduction goals fall short of expectations.

Click here for more details.


From the Bee's Capitol Bureau:

Assembly Speaker Karen Bass today said she would rescind pay raises she granted to more than 120 Assembly aides in midst of the state's fiscal crisis.


The move came a day after the raises were exposed by The Bee and other news outlets and less than a month before the May 19 special election, at which Bass, other legislative leaders and Gov. Arnold Schwarzenegger will ask voters to extend tax increases to help ease the state budget deficit.

You can read The Bee's breaking news coverage about the pay hikes by clicking here. It includes a link to the story that started the controversy. Watch for a more detailed report tomorrow from colleague Jim Sanders.

capitol.jpgFrom Capitol Bureau colleague Jim Sanders' report in today's fiber and cyber Bee:

More than 120 Assembly aides were granted salary increases recently despite a rocky state economy and projections of a multibillion-dollar budget shortfall next year.


The pay hikes come at a time when most other state workers are required to take an unpaid furlough each month to save money.

Read the details in Jim's story by clicking here.

IMAGE: sacbee.com

It's a bit of info you probably never thought you'd need, but it's become a near-obsession for some state workers: Exactly when is the deadline each month for submitting payroll changes to the State Controller's Office?

The answer matters because timing is everything when you're dealing with the SCO and payroll, and with all of the furlough lawsuits and SEIU's pending labor contract in the Legislature, state workers' earnings could change quickly.

In general, the larger the number of employees whose payroll data needs to be changed, or the more complex the changes, the more time that the SCO needs to do the work.

For example, the 500 SCIFers in Bargaining Unit 2 impacted by this week's SCIF lawsuit decision need to hope that Judge Peter Busch signs a final ruling by Tuesday so that the SCO has time to make changes to its payroll records in time for the April check run on Wednesday, controller spokeswoman Hallye Jordan told us.

BUT, if the ruling affects all 8,000 workers at SCIF -- and there are questions about the scope of the ruling that still need to be answered -- the SCO will need to know that by the close of business Monday. Jordan said.

"That's assuming we don't need a pay letter from DPA," Jordan said. The SCO doesn't think that's the case with the SCIF matter, since the change restores pay in compliance with a court order.

The calendar plays a key role with the SEIU contract ratification process, too. Changing the pay of 90,000-plus state workers will be a massive undertaking (assuming the Legislature approves AB 964) that would take several days. AB 964 would have needed to approved by the Legislature and signed by the Governor today to have a shot getting union members' furlough pay changed this month in accordance with their union MOU.

(By the way, Speaker Karen Bass's office told us Thursday that the bill is scheduled for an Assembly Appropriations hearing next week.)

To see the SCO's payroll calendar for 2009, click this link and scroll down to page 23. Go to the 14th column from the left that says "CUTOFF" at the top. That's the cutoff date for inputting changes to state payroll each month.

DPA has updated its summary of the collective bargaining agreement with SEIU Local 1000. The last item on the page addresses the impact of the contract on "related excluded classes" of state workers (minus managers and supervisors at the LAO and the BSA). We point this out because we've been receiving daily e-mails and phone calls from managers and supervisors wondering what will happen with their furlough schedules when the SEIU labor deal gets through the Legislature:

VI. Impact on Related Excluded Classes



  • Related excluded and exempt employees shall be subject to the 1 day per month self-directed furlough and related decrease in take home pay, effective February 1, 2009. They will receive the increased meal and incidental reimbursement rate.

  • Excluded and exempt employees will not receive the health care contribution increase.
  • Related excluded classes employed at the Legislative Analyst's Office and the Bureau of State Audits will not be included in the related excluded classes impacted by this agreement.

Click here for a PDF download of the summary or click here to go to DPA's Web page (but be warned that the page may change again if the administration needs to revise it).

Assemblyman Anthony Portantino, D-Pasadena, has posted this video of his testimony for AB 53, a bill that would freeze pay raises and overtime for many state employees earning over $150,000 per year.

California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (AKA CASE) and three State Compensation Insurance Fund employees have filed their argument that a San Francisco Superior Court Judge should hear their furlough lawsuit.

Whether Judge Peter Busch will hear the case against Gov. Arnold Schwarzenegger rests on which side wins the "exclusive concurrent jurisdiction" argument. California law says that when two superior courts have jurisdiction over a matter and the parties are the same, that the first court to assume jurisdiction has "dibs" on subsequent related matters.

Schwarzenegger's legal team earlier this month filed its argument that the lawsuit belongs in Sacramento.

You can read the 10-page CASE rebuttal filing by clicking here.

Thumbnail image for Chiang1.jpg

Controller John Chiang's office sent us an e-mail that went to SCO staff during the Wednesday lunch hour. In it, Chiang addresses the constitutional furlough fight that we wrote about in today's State Worker column.

He also talks about what will happen once lawmakers pass the SEIU Local 1000 deal:

Consistent with my position that every Californian must contribute to restoring the well-being of the State's financial health and because I feel strongly that there should not be a double standard - one for an organization's leaders and another for its workforce - my senior staff and I will also take one furlough day per month and reduce our respective salaries by a 4.6% upon ratification of the SEIU contract by the Legislature.

Click here to read the rest of the e-mail to SCO workers.

IMAGE: Chiang / sacbee.com, 2008

Bee health industry reporter Bobby Caina Calvan has this short story today on the health insurance companies lining up to contract with CalPERS.

The California Association of Psychiatric Technicians filed an unfair labor practice charge today against DPA over changes to overtime pay calculations and holiday compensation policy contained in the recent budget bill passed by the Legislature and signed by Gov. Arnold Schwarzenegger.

The union explains its position in this e-mail to members:

Our 2006-2008 CAPT contract - which by law is still fully in place as we negotiate a new one - includes language that lets us count leave time toward overtime, and also pays us time-and-a-half for holiday work. The budget bill includes language deleting these rights.

Legislators were responsible for including this language in February's late-night budget bill. But because Governor Schwarzenegger signed the bill that contains these changes - and didn't use his line-item veto power to cut them -- and because these changes were not done through our legally protected bargaining process, CAPT says he is ultimately responsible for these illegal actions.

You can read the PERB filing by clicking here.

Here are some documents that add context to today's State Worker column:

The budget bill, SBX3 8, that changes holiday pay policy. Scroll down to the second page to the section that starts with (4).

SEIU Local 1000's Master Contract. Go to PDF page 48. Item G covers full-time employee holiday pay.

DPA's Wednesday memo to Personnel Management Liaisons, "Change in Holiday Provisions."

CAPT's flyer to members, "CAPT reps take issues to DPA heads."

He doesn't represent any Sacramento area area district.

And that may be why Assemblyman Anthony J. Portantino, D-La Cañada Flintridge, is brave enough to introduce a bill that would prohibit any pay raises, overtime pay, or other increase in compensation for state workers who earn more than $150,000 a year.

Portantino's bill, which would remain in effect "until the economy recovers," would nevertheless let the governor make exemptions to the salary freeze for his powerful political allies - police officers and firefighters.

The exemption would allow pay raises for workers "necessary for protecting the safety and security of the people of California," but he'd still have explain their need.

Portantino says his AB 53 would even apply to legislative and gubernatorial staff.

The Assembly Public Employees, Retirement and Social Security Committee will take a look at his bill next Wednesday morning.

The hearing will be held at 9:30 A.M. at the Capitol, Room 444.

We've written about this before, but in light of furloughs, budget cuts and looming layoffs, it seems like a good time to again look at wages of our elected state workers (also known as legislators).

Background: The independent California Citizens Compensation Commission in 2007 approved a $3,110 pay raise for the Legislature, bringing their annual base wage to $116,208. (The Assembly Speaker, Senate President Pro Tempore and other caucus leaders earn more to reflect their added responsibilities.)

Last November, after Gov. Arnold Schwarzenegger proposed furloughing state workers one day per month, we asked the State Controller's Office whether any lawmakers were sharing the burden by either cutting their pay or refusing the pay increase. SCO sent this list.

Since then, the list has changed somewhat. Some lawmakers who hadn't taken the pay raise in November now are. Others have cut their pay by 10 percent, the rough equivalent of wages lost to state workers who are furloughed two days per month.

Here's the latest unedited list of legislators' salary changes as of February, according to the SCO. (Yes, we know that some of these folks aren't in office any more. Like we said, it's an unedited list.)


LEGISLATORS DECLINING DECEMBER 2007 PAY RAISE
DATA AS OF FEBRUARY 23, 2009

Senate

Lou Correa
Dave Cox - taking a 5% reduction effective 02/01/2009
Jeff Denham
Christine Kehoe
Alan Lowenthal
Able Maldonado
Gloria Negrete McLeod
Carole Migden - reinstated to full salary effective 7/1/2008
Tom Torlakson - restored to full salary effective with appointment to Assembly on 12/1/2008
Mark Wyland

Assembly

Jim Beall Jr.
John Benoit - restored to full salary effective with appointment to Senate on 12/1/2008
Joan Buchanan - taking a 10% reduction effective 2/19/2009
Hector de la Torre - reinstated to full salary effective 11/4/2008
Mike Eng
Jean Fuller
Ted Gaines - also taking an additional 5% reduction effective 12/1/2008 for a total 7.75% salary reduction
Cathleen Galgiani
Martin Garrick
Ed Hernandez
Mark Leno - restored to full salary effective with appointment to Senate on 12/1/2008
Sally Lieber
Ted Lieu
Fiona Ma
Alan Nakanishi
Roger Niello
Nicole Parra
Anthony Portantino
Ira Ruskin - taking a 10% reduction effective 2/1/2009
Mimi Walters - restored to full salary effective with appointment to Senate on 12/1/2008

Sacramento Superior Court Judge Timothy Frawley has issued his final decision on whether Controller John Chiang overstepped his authority by refusing to issue state worker paychecks at the rate of $6.55 per hour. Gov. Arnold Schwarzenegger issued an order that state workers' pay be temporarily cut to the federal minimum last summer after lawmakers failed to pass a budget.

We wrote an online story today about the decision that you can read here. We're working on another piece for tomorrow's fiber and cyber Bee.

You can read the Frawley decision, which confirms his earlier tentative ruling, by clicking here.

Bureau of State Audits seal.jpg

A new report from the Bureau of State Audits this morning puts new numbers to the impact of the looming brain drain state government confronts as its workers reach retirement age.

Some highlights from the auditor's report:

  • Forty two percent of today's state employees in leadership positions and more than 20 percent of rank-and-file employees may retire over the next seven years.
  • California is just beginning to develop workforce and succession plans while other states have done more to develop their plans.
  • Efforts to streamline the hiring process to bring new employees into state service are not expected to conclude until fiscal year 2014-15.
  • For certain departments that provide critical services, the challenges of filling vacancies due to large numbers of retirements is an immediate concern.

A few other telling statements from the audit's summary:

... nearly half of the employees in rank and file positions at the five departments we reviewed were age 50 or older as of June 30, 2008. Of greater concern is that most of the departments we reviewed generally believe it will be difficult to replace experienced employees due to a variety of factors, including the State's lengthy and complicated hiring process and lower salaries in the public versus the private sector.
In 2008 California's Department of Personnel Administration (personnel administration) started providing guidance as some departments began planning for the retirement of their workers. Further, the State Personnel Board (personnel board) currently offers a one day introductory class for developing workforce and succession plans, but enrollment in this class has declined over the years. Finally, although California is working to streamline its hiring process to better ensure it can bring new employees into state service, these efforts are not expected to conclude until fiscal year 2014-15. Thus, any resulting improvements may not be realized until many workers have already retired.

Click here to read, "High-Risk Update--Human Resources Management: A Significant Number of State Employees Are Beginning to Retire, While Certain Departments That Provide Critical State Services Lack Workforce and Succession Plans." It's 40 pages long.

The Association of California State Supervisors, which advocates for exempt state workers, has posted notes written by Senior Labor Rep Bonnie Morris from a meeting last Wednesday with DPA.

Before we continue, it's important to remember the context of what you're about to read: This was a meeting to talk about concerns of management employees, state workers who are not represented by a union.

Topics covered in the back-and-forth between ACSS and the administration include furlough policy, health care premiums, employee buyouts, business and travel expenses, holidays, classification and salary issues.

One of the questions that we regularly field is whether layoffs are still coming, now that lawmakers have passed the budget. ACSS asked the same question in its meet and confer:

ACSS: With the budget settled, do you anticipate there will still be a need for layoffs?


DPA: We are hopeful there won't be as many layoffs. We are hoping employees who received SROA notices Will move into postions that are not targeted elsewhere in state service. We hope the five budget-related propositions pass so this budget will be successfully completed. If the propositions do not pass, we will be in a worse situation, with more furloughs and layoffs.

You can link to the Morris notes from this page on the ACSS Web site. There's also an exempt employees furlough Q&A link on the upper left corner of the page.

March 4, 2009
Pay database updated

The Bee has refreshed the state worker pay database. Click here to access the latest data from the SCO.

A Sacramento Superior Court judge this afternoon listened to arguments in a lawsuit over whether Controller John Chiang can refuse an order to adjust state worker pay, then ended the hearing without rendering a final ruling.

Judge Timothy M. Frawley will probably issue a decision in the next few days. This afternoon's session lasted about 45 minutes with attorneys representing Chiang and Dave Gilb, director of the Department of Personnel Administration, debating whether Chiang was legally obligated to follow an administration order last summer to temporarily cut about 200,000 state workers' hourly wages to the federal minimum $6.55.

Pay amounts to salaried workers such as managers and administrators also would have been reduced with all pay and back wages restored only after the money was approved in a new budget.

Governor Arnold Schwarzenegger last summer ordered the temporary wage reductions as a way to save money after lawmakers failed to agree on a budget by June 30, the end of the state's fiscal year. Gilb's office then issued letters to Chiang detailing how to reduce the pay amounts. Chiang refused to comply.

The controller's lawyer, Steven Rosenthal, told Frawley this afternoon that the pay letter instructions went beyond DPA's authority, that the order violated federal labor law and that the contoller literally couldn't comply because the state's aging systems made adjusting pay amounts "infeasible."

"The resources and systems are not in ... the controller's possession," Rosenthal said.

Attorney Christopher Thomas, representing Gilb, argued that DPA has "broad authority" in personnel matters that includes the temporary pay reductions, that the order didn't violate federal law and that Chiang hadn't offered a legal reason that "infeasibility" was a legal defense to refuse the order.

Frawley on Thursday issued a tentative ruling that the state controller doesn't have the authority to disregard a DPA pay letter and must "leave review of the decision (to alter pay) to the courts and/or the Legislature." The judge will probably hand down his final decision in a few days after considering this afternoon's arguments, but it's rare for a judge to change a tentative ruling.

Even if Frawley holds to his initial decision, it's unlikely to impact state worker pay any time soon. Lawmakers passed a budget that runs through June 2010, so money is appropriated to pay wages. A governor would need to issue another order to trigger the reduction.

And it's possible that the Chiang camp, which includes support from several state worker unions, would appeal a loss, although none so far has been willing to talk about that possibility.

A spokesman for Chiang's office declined to comment on the hearing.

You can read Frawley's tentative ruling here.

Lawyers representing Gov. Arnold Schwarzenegger and Controller John Chiang will square off today at 1:30 p.m. in Sacramento Superior Court for a hearing on whether the contoller must pay state workers the federal minimum wage, currently $6.55 per hour, if lawmakers fail to pass a budget by the end of a fiscal year.

As we report in this story, Judge Timothy Frawley on Thursday tentatively ruled in favor of the governor. Frawley will issue a final ruling some time after today's hearing. Judges usually don't change their tentative decisions.

Remember, since the governor and lawmakers have budgeted money for state worker wages through the 2009-10 fiscal year, the earliest pay period that a budget delay could trigger wage reductions is July 2010.

That's assuming, of course, Frawley sticks with his tentative ruling and that Chiang doesn't successfully appeal it.

What does all of this mean to you? DPA set up this Web page last summer to answer questions about how the order would have affected state workers.

If you want to understand the issues more deeply, here's a list of significant documents that will give you plenty of context:

A Sacramento Superior Court judge has tentatively ruled that state workers' wages can be temporarily reduced to the federal minimum when lawmakers don't pass a budget on time. You can read our story here. To view the tentative ruling, click here.

We just received a copy of the SEIU Local 1000 tentative agreement. We've broken it up into three sections:

SEIU tentative agreement, Part 1, 57 pages

SEIU tentative agreement, Part 2, 33 pages

SEIU tentative agreement, Part 3, 54 pages

As we have reported, SEIU has said that its contract's overtime provisions supercede language in the budget bill that removes all personal leave from counting toward overtime. Yesterday it sent out talking points to stewards that included:

Sick leave is no longer counted towards overtime (i.e. If you use a sick day, and have to work on Saturday, you will not earn OT, until you've worked more than 40 hours).


Within hours of signing the TA, the governor went to the Legislature seeking to expand the overtime exemption to include all leaves; Local 1000 leaders and lobbyists worked throughout the weekend and was able to convince legislators to kill the bill.

But as we noted earlier today, the Legislature did indeed pass a bill, SBX3 8, that eliminates all leave from counting toward the overtime threshold, regardless of the reason.

Furthermore, it appears that SEIU's deal accepts the Legislature's tougher OT rules. Here's the pertinent paragraph from the tentative agreement:

Should the Legislature amend or enact any provision of law that allows the State to exclude leave from counting as time worked for purposes of determining the number of hours worked in a work week, that provision to the extent that it may be in conflict with this MOU, shall not be superseded by any provision of the MOU. Any and all MOU sections or past practices that conflict with this new provision of law shall immediately be superseded without further action.

Click here to view the image of that page of the agreement.

We called SEIU for comment about that key passage. Union spokesman Jim Zamora said, "No comment at this time."

We don't want to create worry needlessly, but we can't hold back any longer. It looks like SEIU and DPA have a serious disagreement about their recent labor agreement.

We're weeding through the new budget legislation to figure out what it means to state workers. The key bill is SBX3 8. What's clear is that unless a union negotiates a better deal for itself, its members lose Lincoln's Birthday and Columbus Day and overtime rules are significantly changed. Furloughs aren't in the legislation. We've reported that for you previously.

But a difference of interpretation between the union and the state has arisen over how to read today's budget when it comes to state worker overtime. SEIU says its deal to allow all leave except sick leave to count toward OT is supreme. DPA says, no, it's the language of the budget -- and furthermore SEIU's language to allow stricter OT rules passed by the Legislature.

Two sections of the budget bill deserve particular attention:

SEC. 5. Section 19844.1 is added to the Government Code, to read:

19844.1. (a) Notwithstanding any other provision of law, personal leave, sick leave, annual leave, vacation, bereavement eave, holiday leave, and any other paid or unpaid leave, shall not be considered as time worked by the employee for the purpose of
computing cash compensation for overtime or compensating time of for overtime.

(b) If subdivision (a) is in conflict with the provisions of a memorandum of understanding reached or amended pursuant to Section 3517.5 on or after February 1, 2009, or the date that the act adding this section takes effect, whichever is later, that memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

SEC. 7. Section 19853 is added to the Government Code, to read: 19853. (a) All state employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, November 11, Thanksgiving Day, the day after Thanksgiving, December 25, the day chosen by an employee pursuant to Section 19854, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday.

(b) If a day listed in this subdivision falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day
observed.

(c) Any state employee who may be required to work on any of the holidays included in this section, and who does work on any of these holidays, shall be entitled to receive straight-time pay and eight hours of holiday credit.

(d) For the purpose of computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, compensating time off, or any other leave shall not be considered as time worked by the employee for the purpose of computing cash compensation for overtime or
compensating time off for overtime.

(e) Any state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for the fourth Friday in September, known as "Native American Day," in lieu of receiving eight hours of personal holiday credit in
accordance with Section 19854.

(f) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Personnel Administration rules.

(g) If subdivision (a), (c), or (d) is in conflict with the provisions of a memorandum of understanding executed or amended pursuant to Section 3517.5 on or after February 1, 2009, or the date that the act adding this section takes effect, whichever is later, the
memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

We've talked to SEIU. Twice. We've talked to DPA. Twice. Part of the problem is that we've seen the budget language but haven't yet seen the union agreement.

You can read the budget language that affects state workers for yourself. Click here to read the bill. You'll want to scroll down to page 15 and Secton 4 of SBX3 8 which amends 19844.1 of the government code. OT and holiday terms run through page 19.

Stay tuned. We'll certainly have more from SEIU and DPA about this.

Bee business reporter and Home Front blogger Dale Kasler has a story in today's Bee about what President Barack Obama's home foreclosure-prevention plan means for Sacramento, one of the nation's worst housing markets.

As he worked on the story, Dale put out an online request for people in danger of losing their homes to contact him. On Wednesday he told us that of nine responses, five were from state workers:

"All (five) say the furloughs have pushed them closer to the edge of foreclosure. They were scraping by, but now the lost income definitely hurts their ability to keep up with mortgage payment."

This report is moving on the Associated Press wire this afternoon. An earlier version we posted contained a quote from Gov. Arnold Schwarzenegger's spokesman that the Associated Press has subsequently removed.

Governors seek concessions from public workers

By JULIE CARR SMYTH

AP Statehouse Correspondent

COLUMBUS, Ohio - Governors across the nation are seeking significant concessions from public employee unions that they hope can help balance their teetering budgets during the economic downturn.

From Maryland to California, Ohio to Hawaii, governors have asked or ordered state workers to accept furloughs, salary reductions, truncated work weeks or benefits cuts. They say the concessions are a better alternative to more job losses in the face of record-breaking unemployment.

Unions argue their members shouldn't be singled out and are even more vital in hard times - securing neighborhoods and prisons, educating kids and providing social services to growing numbers of citizens.

In hard-hit Ohio, Democratic Gov. Ted Strickland has been a friend of the unions.

But as the state's budget woes have been magnified, he is asking unionized state employees to consider taking a 5-percent pay, shorten their work week to 35 hours, and eliminate paid personal days and holidays to save the state hundreds of millions of dollars.

According to an Ohio union memo obtained by The Associated Press, the Ohio Civil Service Employees Association is waiting to see Strickland's upcoming budget and the state's share of a federal stimulus package before making a decision. Executive director Andy Douglas declined comment because the union is in negotiations.

The memo said there's no guarantee accepting concessions will preclude later job cuts. The 5-percent across the board salary cut could save $163 million and is expected to be mentioned in Strickland's State of the State address next week.

Gov. Martin O'Malley of Maryland, another state facing an unexpectedly deep budget shortfall, imposed furloughs and salary cuts on thousands of state workers in December in a plan to save an estimated $34 million.

In November, New Jersey trimmed two paid holidays from state workers' annual allotment: Lincoln's Birthday and the Friday after Thanksgiving. Eliminating the former holiday required legislative action, and Gov. Jon Corzine was able to cut the latter on his own.

Utah eliminated one paid holiday a year and is testing out a four-day state work week.

Hawaii Gov. Linda Lingle has raised the possibility she will pursue furloughs for the state's 36,000 employees and ask them to pay a larger share of their health insurance coverage and forego raises.

On Thursday, Pennsylvania Gov. Ed Rendell - facing down a widening budget gap - said layoffs and unpaid furloughs are likely in that state as well.

He braced state workers for sharing in the state's "universal pain."

California Gov. Arnold Schwarzenegger imposed furloughs two days a month beginning in February as a way to curb costs for the state's 230,000-member state payroll amid a budget deficit projected to grow to $28 billion by 2010.

He has had less success shaving two paid holidays off the current 14 state workers receive, an allotment that is among the most generous in the U.S.

Spokesman Aaron McLear said the governor is "looking under every rock" to cut costs and believes it's a matter of fairness for state workers to do their part.

"The governor doesn't believe it's fair to increase taxes and cut programs on Californians without reducing state government spending first," he said.

Kerry Korpi, director of research and collective bargaining at the American Federation of State, County and Municipal Employees union, said members understand that governments are in economic crisis.

"The entire country is in a dire situation," she said. "Our members, though, haven't quite been lifted back up from the last fiscal crisis in 2002 and 2003, so we've been asking governors to sit down with us and let's look at all the spending, instead of going straight to the people who provide these vital services."

The California Public Employees Retirement System is taking a wait and see attitude toward the Governor's plan to furlough workers and cut their pay 10 percent.

CalPERS spokeswoman Pat Macht said the giant public sector pension fund has yet to decide if some or any of its staff will be sent home two days a month as the governor ordered last month.

State departments may exempt critical operations from the furlough effort.

CalPERS is drawing up a list of its own member services that officials think should be exempt and sending it over to the Department of Personnel Administration.

The  fund operates its own trading desk.  It is unlikely to want to scale it back, much less close it two days a month, amid such choppy financial markets.

Macht said CalPERS senior management wants to consult its own board members  on the issue next week. The fund is governed by its 13-member board of administration.

The fund also will be watching the outcome of legal challenges that several state worker unions launched to stop the furloughs.

The unions will argue their cases in Sacramento County Superior Court Jan. 29.

The furloughs are slated to begin Friday, Feb. 6.

"Furlough Arnold!," they chanted. "Impeach Arnold!"

"The state of the state is a mess!" they added.

They needed a bit of egging on, but a couple of hundred members and organizers of the Service Employees International Union, Local 1000, protested outside the Capitol at noon today after the governor's morning state of the state address.

Lots of colorful purple SEIU T-shirts to go with the purple prose chants and signs.

There was some TV coverage.

Lots of warm sunshine. Free brown bag lunches and sodas for all.

It was over in about 30 minutes, but heard inside the Legislature, I'm told.

Similar protests also took place today in the Bay area, Fresno, San Diego and Los Angeles, SEIU spokesman Jim Zamora said.

Vignettes of the Sacramento protest are below.

The Oregon-based Service Employees International Union, Local 503, is vowing its membership will resist Oregon Gov. Ted Kulongoski's two-year budget plan.

Kulongoski's proposed budget calls for his state workers to take eight furlough days --one each quarter -- as part of the state's two-year budget.

The unpaid days off represent a 1.5 percent pay cut for Oregon's state workers.

Kulongoski's budget includes no extra money for cost-of-living wage increases, either.

The SEIU is the largest state worker union in Oregon. Its president there, Linda Burgin told The Salem Statesman Journal: "We will resist all efforts for the state to balance its budget on our backs. We don't think furloughs are the way to solve our problem."

Not all state workers up North oppose his plan.

The state's second largest union, the American Federation of State, County and Municipal Employees, is not opposing the furloughs, The Oregonian reports, noting that Ken Allen, Oregon boss of the AFSCME, prefers furloughs to additional layoffs.

Read up on the Oregon situation here and here.

Another California constitutional officer, Lt. Gov. John Garamendi, has joined the state attorney general and treasurer in refusing to adopt state worker furloughs next month.

In a terse statement his office just released, Garamendi stated: "We have already cut the Lieutenant Governor's budget by 10 percent this year and we will cut another 10 percent this year. We are public servants for the people of California so we will not be furloughing our staff."

Garamendi's operation has a staff of 20 and -- believe it or not -- three offices (in San Francisco, Los Angeles and Sacramento), spokeswoman Beth Willon said.

The Attorney General's office has "declined" to implement the two-day-a-month furlough program that Gov. Arnold Schwarzenegger unveiled Friday.

Instead, the attorney general will implement "alternative measures" to cut costs and spending, including a ban on discretionary travel, conferences and training,  according to an internal memo issued from chief deputy attorney general James M. Humes.

Humes said that as a "separate constitutional office," the AG decided it will ignore the Governor's take-two-days-off-a-month approach and implement its own expense reduction plan to meet the same fiscal targets "without furloughing or laying off employees."
 
"These alternative measures will allow us to achieve our budgetary targets in a more constructive way that will better promote the state's interests," Humes added.

The plan, which Humes conceded "will impose yet additional burdens" on his office after it already suffered a $51 million budget cut just last year, includes these elements:
  
1.  Employees may and are encouraged to voluntarily participate in the Governor's furlough plan when it becomes effective.
 
2.   A clamp down on hiring, which includes the following terms:
 
  -  All formal job offers made and accepted before Friday will be honored.
 
   - Vacancies can be filled only if filling the position is critical and it is approved by the division head and Humes.
 
3. All deals under $25,000 must be reviewed and approved by the budget office, except contracts for expert witnesses and contracts for outside counsel.

 
4.  Purchase orders for deals exceeding $5,000 must be reviewed and approved by the budget office before a purchase is made.
 
5.  Service authorization requests for more than $1,000 must be reviewed and approved by the budget office before obtaining the service.
 
6.  All discretionary travel and conferences, and external training will be denied.
 
7.  Discretionary overtime is prohibited for employees eligible to earn it.  All "mission critical" overtime may be approved by the employee's division head or their designee.  Time off in lieu of cash will be used whenever possible.

Attorneys representing the state and the governor today gave Sacramento Superior Court Judge Patrick Marlette a brief idea of what the administration's legal arguments will be as it defends the multiple state worker union challenges to its furlough and pay cut plan.

Attorney David W. Tyra, the lead lawyer for the state from the Sacramento law firm Kronick, Moskovitz, Tiedeman & Girard, filed a short legal brief today outlining what the administration's key position will be when lawyers gather to argue the case Jan. 29.

Tyra argues that the court has no jurisdiction to hear the case.

He's suggesting that the unions have failed to exhaust their administrative remedies before the California Public Employment Relations Board (PERB).

Gerald James, an attorney representing two of the unions, said this afternoon he thinks his colleague is flat wrong. They'll be living this case for the next two weeks. Read Tyra's court filing here.

 

SEIU Local 1000 posted this message to members. It reminds them that its contract "requires the state to pick up 80% of all health insurance costs, including the cost of all premium increases." It also compliments CalPERS for holding down 2009 premium increases to "the lowest in more than 10 years ..."

Sounds like the union won't be supporting Gov. Arnold Schwarzenegger's plan to switch state worker health care administration from CalPERS to a state agency. (Two sources have told us it would be DPA.)

The California Association of Psychiatric Technicians has issued this statement about Gov. Arnold Schwarzenegger's 2009-10 budget.

We've had some time to think over Wednesday's budget news ("Schwarzenegger urges health care shift for state workers") and we have some questions.

How exactly would the state ( specifically DPA, according to two sources familiar with the plan) save money by taking over state employee health care insurance?

Do the estimated savings include the administrative costs of shifting information from CalPERS to a state agency?

What impact would splitting off 567,000 state workers and their families have on future health care costs for cities, counties and other public agencies that would continue to get their insurance through the fund?

Would state retirees' health insurance leave CalPERS, too? (If so, that would bring the total headcount switched from CalPERS to nearly 800,000 and leave CalPERS with about 500,000.)

The governor has representation on CalPERS' board, specifically DPA Dirctor Dave Gilb. Has Gilb voiced concern about CalPERS' health insurance costs? How did he vote on the last premium increase? Did he voice any concern that CalPERS should have done better?

Why do this at all, especially when other parts of the budget extoll the virtues of consolidation and streamlining to save money? Is there another agenda behind the governor's proposal?

Republican Assemblyman Ted Gaines of Roseville has announced he's voluntarily taking a 5 percent cut in pay "until the state's financial condition improves," according to a press release sent to The State Worker late Tuesday afternoon.

We feel obligated to note Gaines' gesture since we gave voice to critics in our column a few weeks ago who noted that legislators haven't personally felt the repercussions of the state's money mess.

You can read Gaines' press statement here.

IMAGE: Ted Gaines / assembly.ca.gov

Gov. Schwarzenegger has authorized up to four hours of informal time off during the holidays for state employees.

Anyone scheduled to work is eligible. Employees are expected to use their ITO either the day before or the day after Dec. 25 or Jan. 1.

Click here for the DPA memo released onTuesday.

Thanks to the folks at the Association of California State Supervisors for passing along the info.

TV station KGO juxtaposed yesterday's Assembly/Senate hearing on the state's financial crisis to new cars issued to lawmakers:

While the state is wallowing in a $28 billion deficit over the next 18 months, newly-elected lawmakers got new cars. From $32,000 hybrids to $46,000 Cadillacs, their new rides will cost taxpayers an estimated $1.3 million.

It is a perk included with lawmakers' six-figure salaries.

"The California Legislature has the highest-paid members in the country. So they're very well compensated. So I think a threshold question is whether or not they should even get any car allowance or cars at all," said Jon Coupal of the Howard Jarvis Taxpayers Association.

Lawmakers also get their gasoline and maintenance paid for by the state. To compensate, the Speaker's Office says it will cut the Legislature's budget by 10 percent, like it did last year.

You can watch the 2 minute, 10 second report by clicking here. Select "Governor threatens lawmakers with layoffs." (We chuckle at the headline, which reads like Schwarzenegger is threatening to layoff elected state workers ...)

Is this a fair juxtaposition? Is Coupal correct?

Is this a trend in the making?

First, from the Los Angeles Times:

Hoping to avoid layoffs amid a steep downturn in tax revenue, the largest union for government employees in Orange County proposed Friday that workers take unpaid time off during the holidays -- a move one union official said could save the county as much as $20 million.

Nick Berardino, general manager of the Orange County Employees Assn., which represents a majority of the county's more than 17,000 workers, called on employees to take one to five days off without pay between Dec. 22 and Jan. 4.

Berardino made the proposal one day after county officials told him they were considering laying off 124 workers from the Social Services Agency in what could be the first in a series of job reductions. His proposal called for all county workers -- ranging from librarians to sheriff's deputies to road repair crews -- to stay home without pay.

A few days ago we noted in this post that SEIU in Redding has reportedly accepted retiree health benefits concessions for city employees.

And we'll blog later today (after we get into the office) on our interview with SEIU Local 1000 President Yvonne Walker, who spoke to us on Friday for the state worker layoff news story in today's Bee. Walker called for considered compromise during our conversation, and said that the state will have to both raise taxes and make cuts to balance the budget.

We should note that employee payroll and benefits usually make up a much larger chunk of a city or county budget than they do for the State of California. But with that said, what role, if any, do you think state employee unions should play in resolving the budget crisis?

Click here to read the Times piece.

Our State Worker column today prompted this e-mail:

Rarely mentioned in this CSLEA bickering are the state's Emergency Planners and Emergency Managers. In California, our four seasons are officially Fire, Flood, Earthquake, and "to be determined." We put in long hours alongside the emergency personnel that seek to split our union.

First consider the pay ranges for FEMA Emergency Planners:

Emergency Management Program Specialist is 48,108.00 - 107,854.00 a year.

Emergency Response Planner $60,840.00 - $112,735.00 per year

Sr. Technological Hazards Program Specialist $86,715.00 - $112,735.00 per year

Supervisory Emergency Management Program Specialist $82,178.00 - $126,240.00 per year

Now look at what California pays:

EMERGENCY SERVICES COORDINATOR, $44,976 - $65,436 per year

SENIOR EMERGENCY SERVICES COORDINATOR $59,532 - $71,844 per year

Instead of raising the pay for these classes, and using an appropriate classification to supervise (like Senior Emergency Management Coordinator $72,288- $87,312), they use a non-represented class to supervise these planners:

PROGRAM MANAGER I, OFFICE OF EMERGENCY SERVICES $62,460 - $75,444 per year

Oddly enough, few emergency planners are interested in promoting. It's not really a promotion when you give up your overtime and lose union representation. No real incentive to promote.

Please don't use my name in your articles.

The tone of the e-mail left us with the impression that the author was against sworn officers severing ties with CSLEA, but to be sure, we asked. The reply:

I am against the move. I think we will be left behind as yet another obscure group of unknown classes with even less political clout.... Emergency Management is a strange field, as there is no real formal training. If you learn the job and truly become knowledgeable in it, you possess a rare and valuable skill that can be worth over $100 an hour as a consultant. And that is another place we lose our people to. There is plenty of money for consultants, but yet nothing for salaries -- More outsourcing of employee jobs.

081204 Portantino2.jpgFrom today's San Diego Union-Tribune:

Fed up with large pay raises for executives of California's public universities, the chairman of the Assembly's higher-education committee (Anthony Portantino, D-Pasadena) introduced legislation yesterday that would freeze salaries of state employees who make more than $150,000 a year.

The measure specifically includes executives and other high-paid officials at the California State University system. It urges the University of California system - which enjoys constitutional autonomy - to impose the same restraints ...

While the proposed pay freeze was inspired by perceived excesses at UC and CSU, the Legislature itself has drawn criticism for giving generous raises to staff members despite the state's chronic budget troubles. Accordingly, Portantino said he considered it important to apply the legislation to as many highly paid state employees as possible.

As such, the freeze would extend to nearly all state agencies, state courts and appointees to boards and commissions.

It would bar until Jan. 1, 2012, any raises, bonuses or overtime pay for anyone making more than $150,000 a year while still employed in the same position or classification.

The bill would not apply to those covered by collective-bargaining agreements or who work at state prisons, which are subject to oversight by a federal receiver. The governor also could exclude anyone he deems necessary to protect public safety.

Portantino said he did not know how many employees would be affected or how much might be saved.

This link will take you to the U-T story. Click here to read the language of Portanino's bill, AB 53.

IMAGE: Anthony Portantino / Sacramento Bee


We're continuing our education on the rules governing state worker layoffs and passing along information to you as we learn it.

To understand the steps of the state's layoff process, click here for a detailed chart and explainer on DPA's Web site.

Then there's this from Jason Dickerson, the guru of state worker stuff in at the LAO. He sent along the following language from the Government Code that would apply if the state enacts layoffs after reading our previous post and a question there about layoffs when most bargaining units don't have a current contract:

As for the question of expired contracts, recall that Government Code Section 3517.8(a) provides in part: "If a memorandum of understanding has expired, and the Governor and the recognized employee organization have not agreed to a new memorandum of understanding and have not reached an impasse in negotiations...the parties to the agreement shall continue to give effect to the provisions of the expired memorandum of understanding, including, but not limited to, all provisions that supersede existing law, any arbitration provisions, any no strike provisions, any agreements regarding matters covered in the Fair Labor Standards Act of 1938 (Chapter 8 (commencing with Section 201) of Title 29 of the United States Code), and any provisions covering fair share fee deduction consistent with Section 3515.7."

Government Code Section 19997 provides that appointing powers (departments) may lay off employees "whenever it is necessary because of lack of work or funds, or whenever it is advisable in the interests of economy, to reduce the staff of any state agency." MOUs often contain layoff sections, but in general, their basic terms (departmental authority for layoffs) mirror this statutory provision.

"All layoff provisions and procedures established or agreed to...shall be subject to State Personnel Board review pursuant to Section 19816.2" of the code, according to Section 19997. Section 19816.2 provides that layoff procedures are "subject to review by the State Personnel Board for consistency with merit employment principles as provided for by Article VII of the California Constitution."

CLARIFICATION: Our post yesterday also referred to hearing from state workers who believe that the state must give them a 6-month notice before a layoff. DPA's Lynelle Jolley explained that the longer notice is a "surplus" notice, which is different from a layoff notice. Jolley also mentioned that the surplus notice period is 120 days, not six months.

We just wanted to set the record straight.


Redding Seal.gifRedding's five-member city council on Tuesday night voted to give up its retirement health plan for council members but kept their pension plan in place. The city needs to make $3 million in budget cuts and faces an estimated $94 million in retiree health insurance costs over the next three decades.

The story on the Redding Record Searchlight's Web site, quotes Missy McArthur, who is new to the council: "I am anxious that the city council lead by example. We are probably going to be making some pretty tough decisions, and if we are going to be asking employees to come in at a different rate we should be willing to do the same."

As we noted in a Thursday column a few weeks ago, state employees would love to hear elected state workers in the Capitol say something like that.

A couple of other examples of sacrifice from Redding: A separate story published on Monday by Chico TV station KHSL, noted that the city manager and city attorney have both declined to take COLAs and have postponed their scheduled raises.

KHSL also reported, "As part of negotiations, the city has asked the eight labor unions to make similar changes to the health benefits for future retirees - having them pay the full premium instead of a 50 percent discounted rate. Service Employee International Union Local 1292 (SEIU) which represents administrative and service city employees, have agreed to those changes."

IMAGE: www.ci.redding.ca.us


081202 DPA five pillars.gifAs we reported earlier, Gov. Arnold Schwarzenegger on Monday said that the state's financial crisis is so severe that he is "almost forced" into laying off state workers.

We had some questions, so we contacted the Department of Personnel Administration spokeswoman Lynelle Jolley. She responded via e-mail:

Does the governor have the authority to lay off workers?

Yes, a Governor has this right.

I've seen the layoff language on the DPA Web site that requires a 30-day notice and that most union contracts require 60 days. Since most bargaining units don't have contracts right now, does the 60-day notice apply at all, or is 30 days all that is required?

We're still required to notify affected unions as well as employees, and to negotiate over a layoff's impact. Those notice periods can overlap; they're not sequential.

Some state workers who have e-mailed me insist that the notice period is more like 6 months.

The longer notice period you've heard about refers to the "surplus" notice employees get. That's a different type of notice that lets employees know that a layoff is coming and they might be affected.

In general, more employees receive surplus notices than actual layoff notices. The purpose of a surplus notice is to allow time for potentially affected employees to find a more secure job. (Surplus employees get hiring preference when departments fill open state jobs.)

(The State Worker notes that you can read about "surplus" and how the process works by clicking here.)

Has the state laid off workers before due to budget concerns?

The last time the State faced a major layoff threat was 2003. The 2003-04 budget eliminated 16,000 positions, many of which were unfilled in anticipation of this possibility, and cut $1.1 billion ($585 million of it was General Fund) from personnel. Leading up to adoption of that budget, the State issued thousands of surplus notices, which allowed most affected employees to move into jobs with more secure funding.

IMAGE: DPA

A New Center for State and Local Government Excellence report looks at how states are balancing retiree health care plans with their need to contain costs.

Key points:

  • State administrators say retiree health care benefits are central to recruitment, retention, and retirement timing goals.
  • Most states intend to keep financing retiree health care on a pay-as-you-go basis.

On the cost side:

  • 17 states expect to introduce a plan to limit the subsidy for future retirees; three states say it is likely they will terminate subsidies for current retirees.
  • A large majority of states (including, we note, CalPERS in California) have introduced disease management programs. Most also have precertification procedures in place for inpatient hospitalizations, and conduct claims payer audits.
  • Sixteen states say they are likely to increase the years of service required for vesting in retiree health care.

Click here to read the 16-page report.

081126 csubadge.gifPrompted by our recent blog entry on the 8 percent raise given UC police, San Francisco state worker Joseph Jelincic did some nifty spadework to compare San Francisco State police and dispatcher starting pay to some other Bay Area law enforcement starting wages.

Here's his e-mail with corroborating links:

Jon:

The CSU has the same problem the UC system has in recruiting peace officers and public safety dispatchers.

At San Francisco State University, where I work (although not in law enforcement), we have had more then 5 openings (shows 7 openings as of current) at any time for peace officers since 2005.

SFPD starts at $75,868.

Oakland starts at $69,121 (link shows Oakland actually starting at $71,835).

Burlingame, a little town in San Mateo county with a population of 28,158 (original number from wiki ... http://quickfacts.census.gov/qfd/states/06/0609066.html says 2007 est is 27,573) and 42 cops -- they start at $64,353 .

SF State has 30,014 students , several thousands staff / faculty members and 38 cops -- they start at $49,620 (see page 136).

Also to compare dispatchers:

City of San Francisco - $63,180

Oakland - $30.30/h or $63,024 (30.30 * 40* 52 = $63,024)

SF State - $36,660 (see page 129).

You tell me who is going to apply to work for the CSU?

IMAGE: adminfin.csusb.edu

081124 UC police badge.jpgUC police have a new contract that gives them an immediate 8 percent pay increase with reopeners for the second and third years of the three-year deal. The deal also bumps up uniform allowances from $800 to $1,000 per year and boosts POST certification by $50 per month.

You can read about the contract in this month's PORAC Law Enforcement News piece by clicking here. (To rotate the downloaded page in Adobe Reader, click the "Rotate Counterclockwise" icon in the toolbar at the top of the document.)

The article's author, Dieter Dammeier, is a partner at Lackie, Dammeier & McGill, based in Upland. The firm specializes in police contract negotiations.

We called Dammeier to confirm the article. While we had him on the phone, we asked him a few quick questions about the contract, since he's the firm's chief police contract negotiator.

How the heck did you get this deal done, given California's budget crunch?

You're talking about a very small (300+ members) but a very important group -- in my opinion the most important group that there is.

What drove this deal?

There's a lot of competition for police, and many UC officers have been getting hired away by nearby communities that pay more. Santa Barbara, Irvine, places like that ... officers have been walking across the street for a better deal.


IMAGE: The University of California

KFBK's Bruce Maiman on Thursday night led off his 7 p.m. to 10 p.m. talk show with our latest State Worker column "California's elected officials urged to pare their own pay."

At 2 minutes and 50 seconds into the show's opening segment, Maiman starts a 13-minute monologue that included these comments:

I know that many of you who criticize state workers are quick to accuse them of being loafers -- "it's a government job; they don't work that hard" -- all those stereotypes ...

If we're going to talk about state workers, please, let's not forget that lawmakers are state workers. And if they're not willing to cut their (own) salaries then we need to cut them out of a job ...

One of the worst things you can be in politics is a hypocrite. So please, quit the sanctimonious blathering about how badly we need to make cuts because the state has a spending problem when we're spending $116,000 a piece on you and you're not willing to take a pay cut for yourself and you're not really doing your job in the first place.

In the second hour of the three-hour show, Maiman brought up our Nov. 13 column about
Orange County's Measure J, "Voters take aim at civil service pay." We slowed the show down with a brief appearance in the third hour.

You can listen to Maiman's Thursday night broadcast by clicking here.

The California Foundation for Fiscal Responsibility has offered 10 ideas it says will save the state $5 billion each year. Most of the suggestions don't cost state workers any out-of-pocket money. A few examples:

  • Temporarily suspend earning of service years for pension benefits.
  • Discontinue purchases of service ("airtime") credits.
  • Reduce compensated time off.
  • Adopt a second-tier pension plan for new hires.

Click here to see the entire list and the rationale for each suggestion.

We put out the call this morning for counter proposals to Gov. Arnold Schwarzenegger's employee furlough, holiday and OT changes. Ernest Feliciano, who belongs to Bargaining Unit 1, sent along an e-mail with several ideas from state employees:

  1. No reduction in pay to state workers, There are 1,700 vacant positions, eliminate 1,100 vacant positions from current payroll to achieve the same savings.

  2. Offer the one day off per month as a voluntary leave program. THE VLP program was previously offered and state employees volunteered to take VLP for reduced pay.
  3. If forced to reduce pay (5 percent) for 19 months, seek a cost of living allowance (COLA) raise for 2008, 2009 and 2010 to be available at the end of the 19 month period, i.e,, a delayed pay raise at the end.
  4. If forced to reduce pay 5 percent for 19 months, seek an automatic cost of living allowance (COLA) raise to all future Unit 1 labor contracts.

Other ideas are building on our earlier post, Tell Arnold how to avoid furloughs, benefit cuts. Click here to check those out.

A friend of ours who works for the state recently said that she pays $10 to $12 more for a case of copy paper through state-mandated vendors than what big box stores charge.

"I could get stuff so much cheaper at Target," she said.

The conversation reminded us of the comedy movie, "Dave," when Kevin Kline's presidential lookalike character whips out a pencil and notepad and, as high ranking federal officials squirm nervously, he rejiggers the government's finances and cuts billions in spending, all to save funding for a children's program.

Too bad government reform isn't that simple.

But let's pretend for a moment that you represent your bargaining unit in the current contract talks with DPA. Would you counter Schwarzenegger with your own cost-cutting proposals? If so, what alternatives would you suggest to Gov. Arnold Schwarzenegger's plan to furlough workers and pare back some benefits?

We'll start with a suggestion we've heard from a union official close to the negotiations: revive the personal leave program (for the history and details of the program, click here).

We know that state officials regularly visit this blog. Maybe an idea or two presented here could have some impact on contract talks.

With just 400 to 450 words for our weekly State Worker column, most of what we learn each week never sees print. Column Extras will give you some of the notes, the quotes and the observations that don't make the cut:

Info on pay reductions/furloughs
California has reduced state employee pay in the past. We asked DPA to provide a timeline and an explanation of cuts since the Wilson administration:

  • 7-1-91: 5% reduction for managerial employees
  • 10-1-91: 5% reduction for supervisory employees
  • 6-92: 5% reduction for managers and supervisors converted to PLP (explained below)
  • 7-1-92: PLP for rank-and-file
  • 12-31-92: PLP ends for managers
  • 3-31-93: PLP ends for supervisors
  • 12-31-93: PLP ends for rank-and-file
  • 7-1-03: PLP for managers, supervisors, and rank-and-file
  • 7-1-04: PLP ends
PLP, or personal leave program, gives employees an extra day of leave per month in exchange for about 5% of pay (because each day is worth about 5% of pay).


What's the deal with holidays?
Today's editorial in The Bee supports the notion of erasing two of the 13 paid holidays on the state calendar:

Those who object to trimming holidays ought to check with other employers. None we could identify are as generous as the state. Federal workers receive just 10 paid holidays a year. The state of Nevada gives its employees 11. Sacramento County workers get 12.

We've heard different versions of how the state arrived at 13 holidays. Literally dozens of state workers have told us in e-mails and online posts that the holiday calendar grew over the years because the state offered the paid time off instead of pay raises.

We couldn't confirm that. In fact, DPA's Lynelle Jolley said this in an e-mail:

The number of holidays has expanded over the years through collective bargaining. It's unrelated to the issue of trading time off for pay increases.

What no one disputes, however, is that the holiday schedule came through bargaining.

When unions have taken wage and benefits issues to the Legislature, the governor has blasted the tactic as an end-run on good faith negotiations. Now he has adopted that tactic.

Questions asked and unanswered
We usually start our reporting by asking questions and then seeking answers. Some that we had this time:

Are the unions so unyielding that reductions can't be worked out through bargaining? Or is there history (prior concessions, meager raises in past contracts, etc.) that makes union concessions extremely difficult?

Is the state cash crisis so severe and the prospects for concluding labor talks soon so remote that pushing a controversial measure through the Legislature makes sense?

What about the appearance of hypocrisy?

What do the governor's proposals do to current labor talks?


081111 custodian.jpgWords matter.

Readers reminded us of that fact after reading our story on the governor's furlough and benefits cutbacks. A few gently rapped our knuckles for using two terms: "janitor" and "state worker."

"The correct word these days is 'custodian,'" said an unnamed caller responding to last week's story. "Just thought you'd want to know."

Another caller registered her reluctant acceptance of Schwarzenegger's plan to trim state payroll expenses and then threw in that she prefers "state employee" to "state worker."

It just sounds better, she told us.

Michael Fuller included the "e" word in one of his e-mails to the State Worker:

Unfortunately, we State employees (not State workers) are all painted by the same broad brush, so it's easy for the public to support cutbacks and reduced benefits, etc.

Self-defensiveness (and we writers -- ahem -- journalists are a defensive bunch) can make us prone to blowing off such concerns. Who cares? What's the big deal? Get a life.

But words do matter. They shape impressions and mold self-image.

CCPOA built itself into one of California's most powerful unions when a group formerly known as "prison guards" insisted that they were "correctional officers" and deserved to be treated better.

Now Schwarzenegger and labor interests are trying to shape the debate over the governor's cost-cutting proposals. You can see how the conflict is developing by the words used:

In a Monday interview with The Bee's editorial board, the governor said that he put forward the idea of eliminating two state holidays and requiring state workers to take a monthly unpaid day of leave "under the auspices of everyone gets a little haircut."

The SEIU California State Council called the plan, "an attack" on state employees, as we noted in this recent blog post.

So are the proposals a "haircut," and "attack" or something in between? How would you characterize them?

IMAGE: Sacramento Bee

081110 gov visit.jpgWe put out the call on Monday for state workers who agree with Gov. Arnold Schwarzenegger's plan to furlough state workers, trim their holidays and change overtime accounting rules. One person has responded so far.

Susan Amigh, staff services analyst, called us Monday morning with these thoughts:

I would certainly prefer a furlough to layoffs ... And if we obviously need longer-term measures past what the governor has proposed, we need to accept it. But I would like to see this spread out across the board, instead of big job cuts in a few places, we should have smaller cuts spread out across departments.

It seems like it would be more fair if everyone, including the Legislature shared the pain.

Our door is open to anyone else who wants to voice support for the Governor's proposals. Call us at (916) 321-1043 or e-mail jortiz@sacbee.com.

By the way, if you missed it, Schwarzenegger visited The Bee's editorial board Monday and talked about the "haircut" he wants to give state workers. You can read Kevin Yamamura's online piece by clicking here. Editorial Board member Stuart Leavenworth has posted the first of several transcripts of the conversation on The Swarm blog.

A federal judge has granted the Schwarzenegger administration's motion to return Gilb v. Chiang to state court. As you recall, the lawsuit between DPA and the State Controller's Office seeks to resolve whether state workers must be paid federal minimum wage during a state budget impasse.

If DPA wins, Schwarzenegger could order most state employees' pay reduced to $6.55 an hour should lawmakers miss the deadline for a 2009-10 budget.

You can read 43 pages of the court's 44-page ruling by clicking here, then click here to see the final page. (DPA accidentally scanned the document into two files.)

Our phone and e-mail is flooded today with reaction to the story in today's Bee about Gov. Arnold Schwarzenegger's proposal to furlough state workers and cut their beneifts, The comments range from disbelief to anger to a sense of comeuppance for state workers, who many people feel enjoy unjustified job protections and guaranteed pensions, particularly in these difficult economic times.

One caller felt that the story was unfair because it failed to note that the $1.4 billion savings estimate was over two years. "Stop dumping on state workers!" he shouted.

"I will gladly accept a 5% pay cut for one year, but only if every other working person in California agrees to do the same!!" state worker Jim Porter said in an e-mail.

Amelia Smith of Fair Oaks wrote:

State workers need to be firing off e-mails and letters to the Legislature saying, "Hell, yes" to the proposal of giving up one day's pay a month. As a retired state worker, the benefits received (by state workers) far outweigh giving up one day's pay a month. As a temporary help worker, I received my walking papers via the Executive Order on July 1. I would have been glad to give up one day's pay to keep my job.

You can click here to read Bee colleague Kevin Yamamura's story today about the budget crisis. And click here to read Schwarzenegger's "Dear State Worker" letter, announcing the proposed cuts to state worker hours and benefits.

Air Force retiree Bob Cushman says: "Dire times call for drastic measures and that means some sacrifices. Unfortunately, people are generally very selfish and in my humble opinion that is the case with State Employees ... Many public servants have forgotten who really pays their wages, it isn't the State...it is the taxpayer ... So I have no sympathy for those who are upset about what amounts to a measly 5% cut in pay. Don't even get me started on the number of paid holidays they get. I commend Gov. Schwarzenegger's plan and the realization there are not better options."


October 24, 2008
Different state, same debate

The editors at New Jersey's Ashbury Park Press have rounded up tart back-and-forth comments about state workers prompted by its two-part analysis of New Jersey civil service pay data. The stories, which ran Tuesday and Wednesday, found that:

... although Gov. (John) Corzine has reduced the number of state workers 5.5 percent since 2006, their salaries grew 5.7 percent. And the average compensation for all state employees increased 11.9 percent. One reason: Top management making six-figure salaries has grown almost 80 percent, to 4,422 employees, during that time.

As you can imagine, readers have reacted. If you've read our Thursday column, The State Worker, you'll find their comments eerily familiar. Some are angry toward state workers and the unions. Some call for tearing down civil service and replacing it with a privatized system. And, of course, some comments defend state workers and the status quo or question the data the newspaper used.

Click here for "Readers debate value of state work force."

First the news, then the analysis:

The American Federation of State, County, and Municipal Employees Local 3299 says that its bargaining team has reached a tentative deal with the University of California covering 11,500 patient care workers.

Union members in November will vote next month on ratifying the agreement, a 5 year deal that includes a 20 percent increase over five years and guaranteed base wage of $14.50 by the end of the contract, improved overtime provisions and pension and health insurance bargaining rights. You can read the union's description of the agreement by clicking here.

AFSCME is still bargaining for a new labor agreement for about 8,500 university system service workers that it represents.

Union and the UC negotiators started contract talks more than a year ago. Last summer, union members briefly picketed several UC facilities, including UC Davis Medical Center. Wages were the big sticking point.

We wonder if the AFSCME story -- long, tough negotiations largely over pay, perhaps even picket lines if bargaining drags on for a while -- is about to play out in other contract talks.

You say that state workers can't legally strike? Tell it to AFSCME. The union's five-day strike in July defied a restraining order by a judge who found that the labor action would endanger public safety.

California government is strapped for cash, but many state workers clearly are sick of contracts that for years have featured pay increases that they say have lagged inflation. How likely is it that the rank-and-file will accept contracts with little or no wage increases? Or will the tough economy and the state's tight budget make workers more willing to sign off on contracts with little or no pay increase?

AFSCME 3299 members held out for more than a year without a contract largely because of money, and it still hasn't finished a deal for nearly half its members. CCPOA doesn't have a labor agreement and no one is talking about restarting those talks.

We're nearly a month past the budget signing, nearly four months into the fiscal year and the union representing about 1 in 3 state workers, SEIU, won't restart talks until after next month's elections -- albeit it by mutual consent with the state.

engineer.jpgState engineers in Bargaining Unit 9 have received raises ranging between 7.7 percent and 10.1 percent, a roughly $500- to $900-per-month bump.

The 10,500 engineers represented by Professional Engineers in California Government have received checks ranging between $1,500 to $2,700, minus payroll tax deductions, to cover July, August and September retro pay, according to the union's Web site.

Like CHP officers, PECG members have an agreement with the state that guarantees their pay at levels comparable to those for similar jobs in other agencies. You can read the language in the expired contract that defines Unit 9's "salary parity" by clicking here and scrolling down to Article 3, Salaries and Compensation, on page 8.

Bruce Blanning, PECG's executive director, told the State Worker in a telephone interview this morning that the engineers with this contract, "are now paid the same, on average, as city and county engineers."

PECG says that it is in talks with the state over giving supervisors and managers that it represents the same increases.

We're planning to write about this for Thursday's State Worker column. Any thoughts? We'd love to hear from you here or, if you'd like to be part of the column, you can reach us by clicking on the e-mail link below or calling (916) 321-1043.

IMAGE: engineeringschools.com

CHP badge.gifState patrol officers' pay and benefits run almost $1,500 per month more than their highest-paid counterparts in 10 states, according to a recent report released by the Department of Personnel Administration. The data considers pay and employer benefit contributions as of January 1, 2007.

The survey starts by measuring CHP patrol officers' maximum base pay -- $5,762 per month -- against the median maximum wage for state patrol officers in neighboring Oregon, Washington, Arizona and Nevada and densely populated Florida, Illinois, New York, Ohio, Pennsylvania and Texas. The median top pay for those 10 states, $5,093, is 11.62 percent less.

But with benefits, the CHP package goes to $8,512 versus other states' $7,018 max median total compensation and widens the gap to 17.55 percent.

Click here for the breakdown of out-of-state statistics used for the wage and benefits comparison.

CHP patrol officers' salary and benefits align more closely to police and sheriffs in California's cities and counties, the survey found. The median maximum pay for the 36 agencies surveyed was $5,632, or 2.26 percent less than CHP's comparable top step. Kick in employer-paid benefits and the total compensation for local patrol officers goes to $7,911, or 7.06 percent below top pay and extras for CHP.

Unlike its correctional officers total compensation survey, the patrol officers' report did not include federal employees' earnings and benefits because there was "no comparable class" at that level, according to the survey tables.

CHP wages are determined by a formula that links its pay rates to an average of five other agencies: LA police and sheriffs departments, the San Diego Police Department, the San Francisco Police Department and the Oakland Police Department. This year CHP officers received a 4.1 percent increase in July.

Click here to for the breakdown of local agencies surveyed for the comparison.

October 10, 2008
Covering CCPOA

We're probably crazy for asking this, but is today's story about California correctional officer pay unfair?

"Please, please, please try writing something positive about us," said an anonymous caller who left a voice mail message this morning.

"These people are ridiculously overpaid," said another caller who didn't leave a name or number. "The Bee should investigate them."

Of course, the caller didn't leave any suggestion about what we should "investigate."

We won't deny that reporters have biases. All of us do. The standard that we aim for at the State Worker is fairness. Did all sides have a chance to weigh in? Where the facts presented accurately? Were the issues placed in context?

As readers, we bring bias to what we read, too. It's especially true when the subject is something we know a lot about, like our work.

Here at the State Worker, we're humbled each week to write about subjects and comment on events that personally impact our readers. Often you know far more about the subject than we do because you're living it.

If we get it wrong, let us know. If you have ideas for different angles we should consider, tell us. If you have insights that would deepen our understanding, share them.

As far as today's piece on wages, let's put it this way: If we go out to dinner with family tonight and meet a correctional officer and his or her family at the same restaurant, we'd be comfortable saying hello and talking about the story.

Few things that we write about here or in our weekly State Worker column get more response than when we talk about CCPOA. The union is often cited in The Bee and elsewhere as exemplifying how a well-heeled union can buy favors from elected officials. The stories usually have high-ups in the union and state government launching broadsides at each other.

We're more interested in hearing from the folks who work in the prisons, the front-line officers who have to live with the decisions made by legislators, the governor and their union.

Here's an example: A State Worker reader who goes by Prsnguard5150, sent along a YouTube video that he made about CCPOA's efforts to recall Gov. Arnold Schwarzenegger. The video link came with this e-mail:

Hello, please allow me to introduce myself. I am well seasoned Correctional Officer. If you want to get a feel for what Correctional Officers generally feel about Arnold, feel free to look at some of my more political videos. The YouTube page and the videos are done on my own time and in support of CCPOA. CCPOA has not endorsed my page or the views on it. Arnold is not only under fire from CCPOA the organization, but the members too. Members such as me.

The soundtrack to the 1 minute 43 second video is a portion of "The Enemy," by Godsmack.

ccpoa.gifNew data released by the Department of Personnel Administration shows that California's state correctional officers make 38 percent more than their highest-paid counterparts in a survey of 10 states and the federal government.

DPA's numbers are more focused than those in the latest national correctional officers pay report by the federal Bureau of Labor Statistics. California correctional officers make about twice the national average when all 50 states are factored in, according to the BLS.

The DPA's out-of-state comparison considered federal corrections wages and those in neighboring Oregon, Washington, Arizona and Nevada plus heavily populated states Florida, Illinois, New York, Ohio, Pennsylvania and Texas. Throw in "total compensation" -- medical, dental and vision benefits, employer retirement contributions and the like -- and California correctional officers beat the median survey population by about 29 percent and the next highest -- Pennsylvania -- by about 24 percent.

The administration also looked at salaries paid to California city and county correctional officers. State officers earn about 20 percent more. With benefits the disparity falls to about 12 percent. You can read that page of the report by clicking here.

The comparisons are based on a California correctional officer's maximum base annual salary of $73,728, a national maximum median of $45,036 per year and a California city and county maximum median of $58,680.

The BLS survey shows the median state correctional officer salary at $36,140 per year and $34,820 for local governments.

Question: What, if anything, will these numbers mean to the ongoing contract battle between the Schwarzenegger administration and CCPOA? Will other unions attempt to leverage the information to an advantage as contract talks continue?

Payroll button.jpgWe've heard that, because of a state payroll snaffu, some former retired annuitants who lost their jobs this summer have been getting letters from the state demanding they return money overpaid them.

Here's what happened, according to the details noted on a form sent to one terminated employee and otained by the State Worker. (We've changed the dollar amounts that could identify the worker because this person fears being identified would harm her chances of rehire with the state.)

Due to the executive order, you were given a salary advance for the time that was due to you prior to your separation. The salary advance was for the amount of $2000.00. At the time you were on direct deposit. It was requested to be cancelled so that a paper warrant would issue to clear the salary advance. Controllers issued a warrant in the net amount of $500.00 for a total of 24 hours on 08/06/08. This warrant issued was direct deposit.

The remaining 59 hours issued in the net amount of $1500.00 on 08/22/08. The amount of $1500.00 went towards the salary advance.

Since the amount of $500.00 went direct deposit, it leaves an outstanding amount of $500.00 still owed.

We apologize for any inconvience this may have caused you.

We've called the the Department of Transportation, which issued the letter, to get a sense of how many "Notice of Salary Advance" letters it has sent out. We're also reaching out to the Controllers Office for help to gauge the scope of the payroll error and for suggestions about how to handle it.

Let us know if you have a similar story. Come back soon for more details.

Our State Worker column is limited by space, but visitors to this blog get extra info, Web links, notes and quotes that don't see print but still inform what we write.

This week's column looks at what state workers can expect from the ongoing contract talks between union negotiators and the Department of Personnel Administration.

If you want to dive more deeply into the numbers we reference in the piece, click here to read the 2008 "total compensation" survey and other compensation studies from DPA.

September 29, 2008
Federal workers get pay raise

payroll.gifCivilian federal employees get a 3.9 percent pay raise for fiscal 2009, as noted in this weekend press release by the Federal Managers Association.

The association notes that, " ... according to the Bureau of Labor Statistics, there currently exists a 30 percent pay deficit for public-sector employees versus their private-sector counterparts. ... Unfortunately, the public sector continues to lag behind the private sector in the area of compensation."

What, if any impact will this have on state worker contract talks? Would you be satisfied with a similar pay increase?


A deal between Blue Shield of California and NorthBay Healthcare will give CalPERS Blue Shield Access+ members access to NorthBay VacaValley Hospital in Vacaville and NorthBay Medical Center in Fairfield effective October 1, 2008. The agreement will also give members access to a Northbay's network of doctors in the area.

Open enrollment for CalPERS members started Sept. 15 and ends Oct. 10.

You can read the CalPERS announcement here.

Health insurance.jpg

CalPERS today announced open enrollment for its health plans in this press release. The enrollment period runs through Oct. 10. Registered members can access information and enroll online at My CalPERS.

Premiums rose again this year for most CalPERS health insurance participants. While CalPERS Preferred Provider Organization Basic rates will remain essentially flat next year, health maintenance organization premiums will increase an average of 6.6 percent. Some experts predict that HMO premium rates for large employers around the country will jump nearly 12 percent next year, according to the CalPERS release.

While such comparisons are valid, we can't avoid noting that health care premiums for the majority of state workers -- 68 percent have HMO coverage -- are rising while the prospects of a significant pay raise are dim. (Check out today's earlier blog post, "Budget in sight, state worker contract talks next," for more about the coming bargaining unit talks.)

What do you think about the premium increase? Are you satisfied, given the larger trend? Or do you think that CalPERS could do better for its members?

According to the SEIU, the next court hearing over whether Gov. Arnold Schwarzenegger's pay reduction order must be followed is set for federal court in Sacramento on Oct. 17. The state court hearing that was scheduled for today was canceled when the union moved the matter to federal court.

As you'll recall, the legal fight started after Schwarzenegger's July 30 order terminated about 10,000 part-time state employees and temporarily chopped the wages of about 150,000 more to the federal minimum $6.55 an hour.

State Controller John Chiang refused to comply with the order and Schwarzenegger sued to compel him. Local 1000 and other unions have jumped into the legal battle on Chiang's behalf.

Golden 1.jpgRumors are spreading around the Capitol that The Golden 1 will start charging interest on the zero-interest loans that it has extended to about 850 legislative staffers and gubernatorial appointees whose pay has been withheld during the state budget impasse.

"Absolutely not true," Terry Halleck, The Golden 1's president and CEO, told The State Worker this afternoon in a telephone interview.

We called Halleck after a handful of legislative staff told The Bee that the credit union was discontinuing the no-interest loans.

Halleck said that one state worker had asked credit union staff at The Golden 1 branch nearest the Capitol whether the rumor is true.

"False information," Halleck said. "It's somebody trying to stir the pot."

It looks like your September paycheck is safe, state workers. October looks pretty good too.

We got word this afternoon that the legal wrangling over Gov. Arnold Schwarzenegger's order to whack state worker pay will drag out through the end of October. Probably.

You may recall, as we reported earlier, that several unions got together and pushed the legal fight between Schwarzenegger and Controller John Chiang into federal court. That created uncertainty whether a Sept. 12 state court hearing would take place to resolve whether Chiang has to comply with the governor's order.

The Department of Personnel Administration, representing Schwarzenegger's interests, could successfully argue to keep the matter in state court, which could revive the Sept. 12 hearing. But it's looking unlikely.

Thursday afternoon, controller spokesman Jacob Roper delivered this bit of news via e-mail to the State Worker:

Since the case has moved to the Federal court, the Sept 12th superior court hearing will not be held. A group of labor organizations has filed a motion to move the case from the Eastern Federal district to the Northern district, and a hearing on that motion is scheduled for October 31.

Roper also restated the controller's assertion that cutting salaries to minimum wage would be a massive, time-consuming reprogramming task, "so there is no reason to believe that minimum wage checks would be issued anytime soon."

DPA's Lynelle Jolley in an e-mail said, "(There's) still a question mark over the Sept. 12 hearing date but I wouldn't say it's officially dead. DPA hasn't yet filed its 'motion to remand to state court.' "

Footnote: Be sure you check out our Capitol bureau colleague Steve Wiegand's story in today's Bee. Steve spells out the impact of what will become the state's longest-ever budget deadlock unless legislators and the governor reach an agreement today.

State Treasurer Bill Lockyer filed this letter today in Sacramento Superior Court regarding Gilb v. Chiang. The letter supports Controller John Chiang's position that state workers should receive their full wages.

In Gilb, the governor sued to compel Chiang to cut paychecks that would provide only the federal minimum wage to hundreds of thousands of state workers. A court hearing is scheduled for Sept. 12.

Who would have thought a few weeks ago that the court action might mean anything to state employees? We figured that a budget would be in the books well before then, making moot the argument between Schwarzenegger and Chiang. But now it's possible that the Legislature could recess without an agreement -- and if the impasse drags on, that could give the court battle some real meaning.

ccpoa.gif

If you missed it, Capitol Bureau reporter Andy Furillo's story in today's Bee reports that CCPOA has donated $577,000 to a political committee controlled by Sen. Don Perata. The union says it donated the money to fight Proposition 11, the redistricting initiative, but Capitol observers quoted in the story think it's a play to get last-minute legislation passed that would give CCPOA 31,000 members a pay boost.

The newspaper also editorialized on the subject. You can read that opinion piece here.

Correctional officers have been working for two years under the terms of a last, best and final offer made by the state after the two sides deadlocked.

So what do you think about this? Does this have any impact on other bargaining unit talks? Does it cast state workers in a negative light? Is CCPOA doing the right thing or the wrong thing here?

While the press is focused on the deadlocked budget talks between the Legislature and the governor, other negotiations of far greater weight for state workers continue over workers' pay and benefits.

We're hearing from a variety of sources that the prospects look dim for much of a pay boost, despite the fact that many state jobs, particularly in skilled positions, pay far less than similar work in the private sector. You can see a 2006 state wage study by clicking here.

Now comes the next contract for nearly all of the 21 bargaining units that represent 83 percent of the state work force. Meanwhile, this story in the Modesto Bee, indicates that unions representing local public employees there aren't pushing very hard for raises, but are trying to hold down employee health benefit costs and protect jobs.

Given California's cash crunch, it's hard to envision state worker negotiators having much bargaining leverage with things like a cost of living adjustment or base pay. Do you agree? Are there other concessions that negotiators should probe?

August 13, 2008
A word from the governor

Last Friday the Gov. Arnold Schwarzenegger told the Department of Personnel Administration to distribute a copy of this letter to every state agency and department head in California and then pass it on to every state worker.

Most received it via e-mail according to DPA's Lynelle Jolley, though it was likely printed and distributed to those who don't have regular e-mail access. It begins, "Dear Valued State Worker ..."

What's your reaction to the letter?

Finance Director Michael Genest this morning fired off this letter to Sen. Dean Florez about the impact of Gov. Arnold Schwarzenegger's executive order on correctional employees.


State Corrections workers represented by SEIU Local 1000 have scheduled protests today at 12 prisions and juvenile facilities from Susanville to San Diego. You have to wonder, though, are the demonstrations having any impact?

As we noted in last week's State Worker column, demonstrations don't have much punch without public support. Elected officials already know state workers are mad. But a public outcry over the plight of the state's employees (symbolic?) mistreatment at the hands of the governor and the Legislature would get things moving.

So far, we haven't seen much public outrage other than angry calls and e-mails from folks blaming the "lax" state workforce for the state's financial woes. Hardly the public sentiment that union organizers want to evoke.

One State Worker reader e-mailed, "We have a PR problem because no one knows hoiw much state government does. We don't market ourselves."

Do you agree? Or is the problem, as another reader told me on the phone, "nothing more than the media looking for negative news"?

Here's the SEIU press release:

State prison workers to protest across state

Employees fight governor's wage cut order, budget debacle

State prison workers are joining the growing list of voices calling on the governor to stop threatening state services, and instead work with the Legislature to pass a reasonable budget that keeps California running. Workers will rally outside several facilities from 3:30pm to 5:30 pm throughout California demanding the governor stop using workers as pawns in his budget game.

Under Gov. Schwarzenegger's recent executive order about 150,000 state workers are seeing their salaries cut to $6.55 an hour. The governor has also terminated more than 10,000 state workers. Teachers and instructors at state prisons and juvenile facilities are seeing their salaries cut to zero - until a budget is passed.

SEIU Local 1000 has also filed three court actions challenging the governor's executive order. They include two suits in Sacramento County Superior Court to rescind the layoffs and an unfair labor practice complaint with the state Public Employee Relations Board seeking to overturn the pay reduction order.

Service Employees International Union Local 1000, the largest union of state employees, represents 95,000 state workers, including the overwhelming majority of white collar professionals, information technology workers, clerical staff, printers and custodians. Local 1000 also represents the vast majority of civilian employees in the prison system including teachers, librarians, nurses other health care professionals.

The Bureau of Labor Statistics has released its most recent survey of employee benefits and found that public employees enjoy greater health and retirement perks than their counterparts in the private sector.

Among the most significant findings, according to the bureau's press release:

* Sixty-one percent of private industry employees had access to paid retirement benefits,
compared with 89 percent of state and local government employees. Eighty-six percent of government employees participated in a retirement plan, significantly greater than the
approximately half of private industry workers.

* Medical care benefits were available to 71 percent of private industry workers, compared with 87 percent among government workers. About half of private industry workers participated in a plan, less than the nearly three-quarters of government workers.

* Virtually all full-time employees in state and local government had access to retirement and medical benefits: 99 and 98 percent, respectively. In private industry, only 71 percent of full-time workers had access to retirement benefits and 85 percent to medical care.

* Employers paid 83 percent of the cost of premiums for single coverage and 71 percent of the cost for family coverage for workers participating in employer-sponsored medical plans. Employer share for single coverage was greater in state and local government (90 percent) than in private industry (81 percent). For family coverage, the employer share of premiums was similar for private industry and government, 71 and 73 percent, respectively.

The survey indicates that In some areas, the public/private benefits disparity is fairly narrow. In others, it's quite wide. Do you believe that this gap will continue indefinitely? Or will it close at some point?

You can click here and go to the bottom of the page for more detailed information from the BLS survey.


This from Sacramento Bee Capitol Bureau reporter Kevin Yamamura:

DPA says about 18,000 employees get paid twice a month, but they will receive their full checks this week, apparently because the administration felt the order didn't leave enough time to implement the reduced pay by mid-month. They will see a reduction starting with their end-of-month paychecks.

Here's the controller's breakdown. It doesn't add up to 18,000, but the numbers represent the bulk of the employees paid two times per month:

5,300 CalTrans

3,200 Department of Developmental Services

3,200 Department of Mental Health

3,400 Parks and Rec

The Department of Personnel Administration, acting on behalf of Gov. Arnold Schwarzenegger, just released its lawsuit filings against Controller John Chiang. The six documents filed in California State Superior Court in Sacramento argue that Chiang must follow Schwarzenegger's executive order to cut state workers' pay. The list and links follow.

The State Worker wants to get your reaction. What in these pages is worth noting? What arguments are valid? Which ones aren't? Does it bother you that the administration has taken this step? Or do you discount the whole thing as political posturing and figure that things will work out before paychecks are issued?

The lawsuit -- 12 pages

Declaration of Julie Chapman, deputy director of Labor Relations -- 7 pages

Declaration of Michael Genest, Department of Finance director -- 4 pages

Declaration of David Gilb, DPA director -- 5 pages

Declaration of Jerri Judd, DPA Personnel Program manager, Labor Relations Division -- 5 pages

Complaint for injunctive and declaratory relief -- 29 pages

Don Scheppmann, Chief of the Personnel/Payroll Services Division in the State Controller's Office "returned serve" to the Department of Personnel Administration with a three-page letter, which you can read here, responding to three concepts that DPA presented last week for carrying out the governor's order to cut state worker hourly pay to the federal minimum.

Scheppmann's letter raises 10 specific questions about the DPA;s ideas and asks for a response. It also challenges the executive order's legal groundwork and notes that the part-time state workers who were let go last week didn't get their full pay upon termination as required by law.

What the letter from one high-ranking bureaucrat to another doesn't mention is how things are going for your state employees in the trenches. What are you seeing? How is your work being affected by the governor's mandate and the uncertainty surrounding its impact?

We're looking for stories that we can share in this Thursday's State Worker column . We want to show readers how state workers are handling the political tennis match and how it's impacting services and working conditions. You can e-mail your story to Jon Ortiz via the link below.

Service Employees International Union Local 1000 filed suit Wednesday in Sacramento Superior Court, alleging that the state mishandled the termination of some temporary and part-time employees last week.

Read the lawsuit here.

In this week's Democratic radio address, Assemblymembers Paul Krekorian (D-Burbank) and Kevin de Leon talk about the Gov. Arnold Schwarzenegger's executive order to slash pay for state workers.

Both say the order will harm middle-class workers and won't help the negotiations for a new budget.

Click on the links to listen to the radio addresses (files are in MP3 format):

Listen to Paul Krekorian

Listen to Kevin de Leon (Spanish)

We'll let the media release sent out this morning do the talking:

 

MEDIA ADVISORY
July 28, 2008
SACRAMENTO, CA

WHAT:

A petition bearing more than 28,000 names will be presented to Gov. Arnold Schwarzenegger today, urging him to drop plans to cut state employees' pay.  

The Courage Campaign, a California online organizing network approaching 100,000 members and supporters, launched the "Stop Arnold" campaign petition last Thursday morning. True Majority and CREDO Mobile, two national progressive advocacy organizations, joined on in support of the petition, asking their California members to sign it as well.

Among those who signed the petition were California Assembly Speaker Karen Bass and Senate President Pro Tem-elect Darrell Steinberg.

WHERE:

Capitol Park in Sacramento. On the capitol lawn across L Street from the Hyatt Regency Hotel (1209 L Street), where the governor stays when he is in town.  The petition will be delivered to the governor's suite at the hotel.

WHEN:

1:30 p.m., PDT

WHO:

Assemblymember Dave Jones, who represents Sacramento, will join Courage Campaign Chair Rick Jacobs.

WHY: 

"We launched our "Stop Arnold" campaign because what the governor is trying to do is absolutely outrageous and unconscionable," said Rick Jacobs, Chair of the Courage Campaign.  "We had no idea it would spark a grassroots firestorm and become one of the most widely supported Courage Campaign actions ever.  In just four days, 28,016 concerned citizens signed the petition, including thousands of our friends from True Majority and CREDO Mobile, as well and the leaders of the California legislature."

Assembly Speaker Bass said she signed the Courage Campaign petition "because the leaders of this state are working hard to build a budget for the people of this state, not just for a few.  The governor is just wrong to borrow money from the state workers to solve a crisis that is not their making."

Senate President Pro Tem-elect Steinberg added that, "Weeks ago, we put a serious budget proposal forward. The governor has yet to respond in a meaningful way.  Cutting state worker salaries to below the poverty level is hardly a response."

To see the petition, go to http://www.couragecampaign.org/StopArnold


The Courage Campaign is an online organizing network empowering nearly 100,000 members and supporters to make 2008 a new era for progressive politics in California.

Rick Jacobs is the founder and chair of the Courage Campaign.  He chaired Howard Dean's presidential campaign in California. He is also the co-founder of Brave New Films and a featured contributor to Arianna Huffington's Huffingtonpost.com.  Rick has an extensive background as an investor and senior executive.

http://www.couragecampaign.org

Working for the State of California has downsides. Sure, the pay and benefits can be pretty good if you stick with it long enough. Then again, the governor could suddenly push a plan to whack your pay. And then there's the aggravation of your livelihood being a punchline.

Comedian Dane Cook's riff in this 2-minute YouTube video suggests that going to a DMV office is slightly less painful than a punch in the face. Web sites like officediversions.com have sections dedicated to poking fun at government workers. You've heard the jokes. Maybe even told a few yourself.

You have to wonder if any of that was part of the political calculus behind Gov. Arnold Schwarzenegger's threat to cut state workers' pay to $6.55 per hour. The formula goes something like this: The outrage of 200,000 state workers is less than the support from millions of Californians who want a budget passed and who don't sympathize with California's bureaucratic corps.

In other words, why risk using a popular group or program for political leverage when state workers are handy? 

Michael Shires, a Pepperdine University associate professor of public policy who wrote "Why is Government So Expensive?" put it this way in a phone interview with The State Worker: "California's state employees have a big PR problem. People see more and more money going into government and not a lot more coming out."

Do you agree? What's behind all the jokes and stereotyping of state workers? Is it harmless fun, or does it indicate something deeper? Can state workers or their unions do anything to improve their public relations? 

 

Congressional Democrats are calling on Gov. Arnold Schwarzenegger to drop his plan to lower state worker pay to the federal minimum wage. Here's a copy of the letter, courtesy of Congresswoman Hilda Solis:

 

July 25, 2008

 

Dear Governor Schwarzenegger:

 

As Members of the Congress representing California, we write to express our strong opposition to your proposed plan to cut the wages of 200,000 state workers to the federal minimum wage of $6.55 per hour as a temporary budget savings.  The earnings of hardworking state employees should not be leveraged for political gain in the current budget stalemate. 

 

In May 2007, Congress passed the first increase in the federal minimum wage in ten years.  On July 24, 2008, the second phase of the increased federal minimum wage began, raising the federal minimum wage to $6.55.  While the increases to the federal minimum wage are an improvement for hourly workers, they do not make up for the recent and rapid increases in food, energy and healthcare costs, which have risen even higher in California.  In addition, our state has been disproportionately impacted by the nationwide foreclosure crisis and statewide unemployment just reached 6.9 percent.  Working families in California who are employed by the state simply cannot afford to have their salary reduced to the federal minimum wage during these incredibly hard economic times, even with the promise of back pay once the budget negotiations are completed. 

 

We have always been incredibly proud to represent California because our state sets the standard for fair wages in the United States.  The $8 per hour minimum wage in California, as well as municipal living wage laws, set a benchmark for the rest of the country.  By reducing state workers pay to $6.55 per hour, you would not only hurt the 200,000 workers who serve California, but you would also hurt the reputation of California as one of the best states to live and work in the United States.

 

As Members of the California Congressional delegation, we understand that our state is facing significant budget challenges.  However, the California state controller has already stated that cutting workers' salaries will "do nothing meaningful to improve our cash position or help us make our priority payments."  We strongly urge you to reconsider your plan to cut 200,000 state workers wages to the federal minimum wage. 

 

Sincerely,

 

HILDA L. SOLIS

ZOE LOFGREN

GEORGE MILLER

HENRY WAXMAN

ANNA ESHOO

HOWARD BERMAN

LYNN C. WOOLSEY

DORIS O. MATSUI

GRACE F. NAPOLITANO

SAM FARR

LORETTA SANCHEZ

JOE BACA

MIKE THOMPSON

LOIS CAPPS

DENNIS CARDOZA

BOB FILNER

MICHAEL HONDA

BABARA LEE

ADAM B. SCHIFF

LINDA T. SANCHEZ

ELLEN O. TAUSCHER

LAURA RICHARDSON

PETE STARK

BRAD SHERMAN

XAVIER BECERRA

LUCILLE ROYBAL-ALLARD

JIM COSTA

 

The State Worker this afternoon interviewed Terry Halleck, president and chief executive of The Golden 1. We asked about the credit union's plans to offer loans to state workers should Governor Arnold Schwarzenegger go through with plans to temporarily cut pay for most state workers to $6.55 per hour, or roughly $1,000 per month.

 

We reported on the details of The Golden 1's state worker loan programs. The big thing to note: Members with direct deposit before July 1 qualify for a zero-interest loan. Existing members who signed up for direct deposit after that date can get a loan, but at a 4.99 percent interest rate. The program is available only to state employees who were members of The Golden 1 Credit Union as of June 30

 

The Golden 1 isn't the only financial institution offering state worker loans in the event of a paycheck reduction.  Schools Financial Credit Union and River City Bank, have similar "budget impasse" deals for state employees.

 

But The Golden 1 counts about 100,000 state workers among its 680,000 members, so it's the big dog in the kennel.

 

Some bits from the Halleck interview follow. We'll have more Saturday in The Bee's print  and online editions.

 

On why Golden 1 will offer the loans to state workers: "State employees started Golden 1 here in Sacramento, 75 years ago. As a credit union we're always looking to give back to our members and support them in times of need. State employees shouldn't have to default on loans or go without food during a budget delay."

 

On what it costs the credit union to offer state worker budget impasse loans: "It's an opportunity cost. We would have otherwise had those funds in investments, so we're giving up the opportunity to invest the money and instead crediting it to members' accounts."

 

On what this does for The Golden 1's marketing: "We gain a few (members). I think more importantly, though, the ones that trust the credit union have that trust reinforced because we're there for them every year. We have been for years."

 

On challenges the economy's downturn presents for the state worker loan programs:    "It really isn't (harder). I don't look at it as being harder. All financial institutions have been impacted by the economy and real estate conditions. We're affected by that, obviously, but it's never been a consideration to not (offer state worker loans)."

 

On how budget impasse lending has become routine: "It's always a possibility (that the budget won't pass by the June 30 deadline). It's become routine. We know it's a possibility every year and we're prepared every year to stand by the state employees. This year 851 legislative staffers and gubernatorial appointees have received $1.7 million in loans so far."

 

On why Golden 1 dings members who sign up after June 30: "When we have somebody who has already been on direct deposit, it's a lot easier for us operationally. We can use prior payroll data to pay them going forward.

 

"We're talking about up to 100,000 state employees. For people who haven't given us a direct deposit, it's a manual process. If somebody was an existing member without direct deposit we have to jump through a lot more hoops. It's a lot more work on our end.

 

"The other side is that its another incentive. We want your business long term. And we want to give back to active members."

Terry Halleck, The Golden 1 credit union's president and CEO told The State Worker this morning her company has finalized the plans for a two-tier "budget loan" program should Gov. Arnold Schwarzenegger cut state employee wages to the federal minimum $6.55.

 

The program would work like this:

 

  • Members who had direct deposit with the credit union as of June 30 would be eligible for a zero-interest loan.
  • Existing embers who sign up for direct deposit after June 30 would qualify for a loan at 4.99 percent.
  • Both programs would only be available to state employees who were members of The Golden One as of June 30. 

Don't rush down to your local branch. The loans are contingent on the governor's wage cuts. "We won't have people sign loan documents until that happens," Halleck said. "It all depends on how (the budget talks) play out."

 

The Golden 1, which counts 100,000 state workers among its 680,000 members, has already been fielding calls from workers. If it needs to crank up the loan program, Halleck said that the company would use its existing personnel contacts in state government to get out the word. "Making people aware of this won't be an issue," she said.


About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at jortiz@sacbee.com.

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