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Charity Golf Tournament        Let's Get Something Straight        Memo from DPA

Thank You
        We Don't Think So!      Rule Making Process

Supervisors Uniform Situation


 

Supervisors Uniform Situation

Obviously, CDC has pushed this issue.  CCSO won one "stay", but unfortunately lost the second appeal for a "stay" past the January 1, 2000 implementation date.  CCSO has another court appearance on behalf of correctional supervisors on February 24, 2000.  CCSO will continue to fight tooth and nail to achieve what rightfully belongs to supervisors.  

 


 

 

Rule Making Process

 

 


 

We Don't Think So!

December 6, 1999

Bob Losik
Department of Personnel Administration
1515 S Street
North Building, Suite 400
Sacramento, CA 95814

Dear Mr. Losik,

I am in receipt of your letter of November 23, 1999. Although your letter was addressed to me, your sub-address was to a Mr. Trefry. We have no knowledge of a Mr. Trefry. In the body of your letter, you mentioned "the attached Substance Abuse Testing Procedures for all Peace Officers." There were no attachments to this letter.

At this time, I will explain CCSO’s stand on random drug testing in regards to correctional peace officers. CCSO believes that any time a random drug test is administered without probable cause is patently wrong. It is true that peace officers are held to a higher standard of morality than the average citizen. The other side of this coin is peace officers should therefore generate more trust and should not be arbitrarily or capriciously tested for drugs. This is another case of "Big Brother" watching you. Is the next step to go to someone’s home to test them simply because it is "random" or one individual has decided that another individual should be tested for drugs with absolutely no reason for said test?

We wish to thank you for your offer to meet and confer over the impact of this change. However, in conversations you had with California Correctional Supervisor’s Organization (CCSO) office personnel, you stated CCSO cannot change the Government Code or the Governor’s Executive Order dealing with Substance Abuse Testing Procedures. CCSO could only have input into the nuts and bolts i.e., security of samples/specimens, etc. CCSO has decided to not meet and confer with you on this issue as we feel a meeting would be tantamount to condoning this drug testing, which obviously we do not.

Sincerely,

Richard Tatum
President
California Correctional Supervisors Organization

Cc:   Gray Davis, Governor of California
   
     Cal Terhune, Director of Corrections

 


 

 

 

Thank You

 

TO: CCSO State President Rich Tatum, Administrative Assistant Larry Cubbage, Attorney Wendell Llopis, all members of the State Board of CCSO, all members of CCSO, and those who may consider membership in CCSO.

About four years ago I survived an Internal Affairs investigation over what could have been considered illegal purchases of inmate hobby. I was a Lieutenant at the time. The investigation exonerated me of any wrongdoing. I violated no rules, regulations or laws.

About three years ago this same issue was re-investigated and again I was cleared of any wrong doing.

About two years ago, I was approached by my boss who said, "Two investigations have failed to sustain any charges against you, but we are taking adverse action anyway." I was demoted from Correctional Captain to Correctional Lieutenant and transferred to North Kern State Prison, from the Selection and Standards branch, Central Selection Center at Fresno. (Background investigations and testing)

After some sick leave and some serious soul searching, I reported to NKSP with the thought that I had been really messed over regarding this situation. I contacted Larry Cubbage and asked for his help. Larry and Rich through the State Board allowed me to be represented by Attorney Wendell Llopis. The standard rubber stamp of CDC was issued at the skelly and I was on to SPB. During the first SPB hearing an attempt to settle this dispute met with less than favorable action toward me as the CDC offered only to let me voluntary demote, they would then pull the adverse action.

Having been charged with several violations of the Government code and CCR Title 15 rules, I elected to go to a full hearing on the matter, especially since one of the charges was violation of Government Code Section 19572 (F) dishonesty. A dishonest cop has no credibility and I have been asked to testify in the Corcoran Eight trial scheduled to begin in March 2000, as an expert witness.

A hearing date was set and we went to SPB. Almost 70 days after the SPB hearing, the Administrative Law Judge (ALJ) along with the full board of SPB revoked the entire adverse action. CDC had to put me back as a Correctional Caption with full back pay, plus benefits.

Well you would think that they would place me back at my former job. After all, the reason I was removed was my accused lack of integrity. With the adverse action being removed due to my being able to prove the charges were false, now I have integrity again?

CDC saw it differently and Deputy Director D. Tristan tried to trick me into signing a document saying I was willing to stay at NKSP. NKSP is a great prison, but it is not background investigations. I wanted my old job back.

So, back to SPB we go. On July 8, 1999, we met with an ALJ from SPB to determine if CDC should put me back in my former job or not. On September 7th and 8th the SPB ruled that CDC must put me back in my former job immediately, stating, " …wherefore it is determined that the transfer of Appellant Richard Van Zandt was punitive in nature and within the meaning of "other disciplinary action" because it was taken in the form of an adverse action. Because that adverse action was revoked, respondent must immediately reinstate appellant to his former position as Correctional Captain in the Selections and Standards branch in Fresno."

As of today November 4, 1999, I am still not in Fresno, and I don’t know what is going to happen next. I do know that without the help of CCSO and Wendell Llopis, I would still be a Correctional Lieutenant at NKSP. So let those who say CCSO is a nothing organization know they are wrong. I personally thank all of you for your support.

Richard Van Zandt

* * * * * * * * * * * * * * * *

Thank you Rich for allowing CCSO to go public with your trials (literally) and tribulations.

Update Re:   R. Van Zandt 

I am happy to announce that Rich Van Zandt will report to his former job in Fresno on December 2, 1999.  CCSO won another one.

LAC

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Charity Golf Tournament      

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      Let’s Get Something Straight…

     Supervisors: Don’t lose sight of the fact that NO ONE can bargain for you, as you are excluded employees. You will constantly hear that CCPOA did this and CCPOA did that for supervisors. NOT TRUE ! Through voluminous letter writing to DPA and CDC, through many meetings with these same departments, CCSO has recently obtained for supervisors the following:

  1. Longevity pay, especially for those latest classes such as Fire Chief’s, CCII Supervisor’s, CCIII’s, Parole Agent II Supervisor’s, Parole Agent III’s and Senior Special Agent’s. Prior to this, CCSO was instrumental in finally obtaining longevity pay for Sergeants and Lieutenants. This is not a CCPOA accomplishment, it is CCSO’s.
  2. At CCSO’s last meeting with Bob Losik of DPA on July 20, 1999, our agenda was as follows:
    1. An end to pay for performance (PFP). Pay for performance will no longer be a factor as of your September 1, 2000 raise. On November 23, 1999, there will be a hearing as to PFP. Mr. Losik stated that due to the 60 pages of correspondence from CCSO to Deputy Director Kessler, Administrative Services, DPA and CDC Director Terhune, PFP will go away based strictly on CCSO’s tenacity on this subject.
    2. Voluntary Annual Leave Program (ALP). As of October 1, 1999 ALP is voluntary, once you choose the program you wish to be in, you must stay in that program for at least two years.
    3. CCSO obtained a legal stay on the implementation of the new inferior uniform only to be followed by an irate CCPOA. CCSO had a meet and confer with staff from Deputy Director Tristan’s office on October 7, 1999. During a subsequent meeting on October 14, 1999 with CDC Director Terhune, we again broached the subject of uniforms. Cross-coverage, redirection of supervisors, hiring C/O’s in place of sergeants for overtime were paramount in our meeting with Director Terhune.

CCSO has no other interests other than supervisors and we always work for the betterment of same while being constantly undermined and down right lied about by CCPOA.

Ask yourself this: What President of a large rank and file association stated in public that he would ask Governor Davis to veto SB 477 (excluded employee’s pay raise)? Then stated that supervisors had already received enough as they would be getting 19% over this year and next.

Consider this: If you as a supervisor are still a member of CCPOA, what are you getting? You have no vote in anything contractual. Your dues money is put into a common pot and that money is used to further the benefits of rank and file, not you. If you feel you are under the umbrella of CCPOA just because you are paying dues, you are mistaken. Neither CCPOA nor anyone else can bargain for you.

Let us get to the so-called parity bill (AB 743). The language of this bill does not state that in the future as a supervisor you will get the same as rank and file as to pay and benefits. What it does say is "…state bargaining units 5, 6, or 8 shall receive salary and benefits changes that are at least GENERALLY THE ECONOMIC EQUIVALANT to the salary and benefits granted to employees they supervise."

Now, think about what is stated in this language. It can be interpreted many ways and nothing in this language is definitive. This bill in the future could be used to further hinder excluded employees attempts to obtain collective bargaining. Can you see the question from the legislature now: Why do excluded employees need collective bargaining? They have parity. The so called parity bill does absolutely nothing for compaction. Assembly Member Keeley, author of AB 743 actually thinks (due to outside influences?) that his bill helps the compaction issue. NOT TRUE!

We could go on and on as to what CCSO does for you behind the scenes. We get things done and we do not feel the need to constantly brag about our accomplishments. The next time someone speaks to you of the wonderfulness of CCPOA, think about what is written above.

Any questions? Call the CCSO office at 1-800-449-2940.

                                                                                        

We sent out the above to all members on 10-20-99.  

Chapter Presidents please place on your bulletin boards and if you are able, distribute this open letter to non-CCSO members.

 

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Memo From DPA

State of California

MEMORANDUM                                 

DATE: September 22, 1999

REFERENCE CODE: 99-038

TO:                PERSONNEL MANAGEMENT LIAISONS

                      THIS MEMORANDUM SHOULD BE DISTRIBUTED TO:

                      Employee Relations Officers

FROM:          Marty Morgenstern
                      Director
                      Department of Personnel Administration
                      Labor Relations Division

SUBJECT:     Excluded Compensation Program

CONTACT:   Robert J. Losik, Labor Relations Officer
   
                    (916) 324-, CALNET 454-0476
   
                    FAX: (916) 322-0765
   
                    OFFICE VISION: DPA (RobertLosik)
   
                    INTERNET: RobertLosik@DPA.CA.GOV

Effective July 1, 1999, Managerial, Supervisory, E98, E99, and Supervisory ranges in Unassigned classes in these designations MO1-M21, S01-S21, E48, E58, E59, E68, E78, E79, E98 and E99 shall be increased by 4 percent. All employees in CBID designations M, S, E48, E58, E59, E68, E78, E79, E98 and E99 shall be entitled to the 4 percent increase unless the appointing power certifies the employee’s performance as being unsuccessful. If the appointing power certifies the employee’s performance as being unsuccessful, the employee shall not receive an increase.

Effective September 1, 2000, Managerial, Supervisory, E98, E99, and Supervisory ranges in Unassigned classes in the above designations shall be increased by 4 percent. All employees in CBID designations, M, S, E48, E58, E59, E68, E78, E79, E98 and E99 shall be entitled to the 4 percent.

Various Special Salary Adjustments identified in Pay Letter 99-28 are approved.

Effective July 1, 1999, bilingual pay different5ial is increased to $100 per qualifying pay period in all designations.

A Recruitment and Retention Housing Stipend of $175 per month effective July 1, 1999, for S06 and M06 employed at Salinas Valley State Prison is approved.

A Physical Fitness Incentive Pay differential effective January 1, 2000, for S06 and M06 classifications is approved.

A Recruitment and Retention differential of $2400 per year effective July 1, 1999, for S06 and M06 employed at Centinela State Prison is approved.

Senior Peace Officer Pay Differential for the following:

E99 Senior Special Agent
E98 Special Agent
S06 Correctional Counselor II – Supervisor
S06 Correctional Counselor III
S06 Fire Chief
S06 Health Program Coordinator
S06 Parole Agent II – Supervisor
S06 Parole Agent III
S06 Major (CYA)
S06 Supervising Caseworker Specialist I – Supervisor
S06 Supervising Caseworker Specialist II
S06 Program Administrator – Supervisor

Effective July 1, 1999, uniform allowance for S05 and M05 is increased to $570 per year.

Effective July 1, 1999, uniform allowance for S08 and M08 is increased to $830 per year.

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