The State Worker

Roesch's Dec. 29 writ in the CCPOA case. Key passage:

Perform all acts necessary to immediately and prospectively pay all employees in State Bargaining Unit 6, as well as correctional sergeants and lieutenants, their full salaries in cash or cash equivalent at the end of each pay period for all hours worked during each preceding pay period, without reduction, and at rates delineated for such classifications in the curent State of California Civil Service Pay Scales, as set and required by, ìnter alia, Govemment Code sections 19824 and 19826(b) and Labor Code sections 223 and 1171 et seq.

DPA Director Debbie Endsley's Monday letter to Chiang, sent to the controller after the administration heard that the SCO was preparing to pay correctional officers their full January wages. Key passages:

First, to the extent that you are relying on the Alameda Superior Court's Writ issued on December 29, 2009, your action to eliminate the negative pay differential for all these employees is beyond the terms of the writ. The writ doesn't invalid date furloughs, but only invalidates Self-Directedd furloughs where employees cannot use their furlough days within the month pay period. Furlough days taken off within the month pay period remain valid under the writ. To effectuateth is ruling ... lf you eliminate the negative differential for all Bargaining Unit 6 employees, correctional sergeants and lieutenants, your action is beyond the scope of the trial court's writ and will result in employees being paid for time not worked.

(O)n December 31, 2009, the Governor and DPA appealed the trial court's December 29,2OO9
writ. The filing of the appeal automatically stays the decision of the trial court. There has been no other decision from either the Superior Court or appellate court lifting this automatic stay. Accordingly you are acting in violation of the automatic stay by eliminating the negative pay differential associated with furloughs.

SCO Chief Counsel Richard Chivaro's Tuesday response to Endsley. Key passages:

(T)he writ directed this office to "immediately pay all employees in State Bargaining Unit 6, as well as correctional sergeants and lieutenants, their full salaries in cash or cash equivalent at the end of each pay period for all hours worked in the preceding pay period, without reduction, and at rates delineated for such classifications in the current State of California Civil Service Pay Scales ..." The statement, "without reduction" clearly requires the SCO to eliminate any negative pay differential and will pay the amount due for all hours worked. You concern that employees will be paid for time not worked is therefore misplaced ...

Although it is true that a Notice of Appeal was filed on December 31, 2009, that notice is defective. While a final judgment may be appealed, a writ of mandate without a judgment cannot ... Because the writ issued by the Alameda County Superior Court is not an appealable final judgment, the notice of appeal is inoperative, and the filing of that notice does not stay the operation of the writ. Finally, the failure to comply with the writ may unnecessarily subject the State to additional fines for contempt.

DPA attorneys are in court today to keep Chiang from carrying through with his plan. You'll know when we do what comes of the administration's efforts.