Furloughs of State Employees in Agencies Funded by Federal and Special Funds: UAPD attorneys recently finished up appellate briefs and await oral argument in the Court of Appeals regarding the Governors’ appeal of the lower court ruling in the union’s favor regarding furloughs. However, one of the two theories we won on has been rejected in another case by the California Supreme Court (that the Legislature had not authorized the Governor to engage in furloughs; the Court construed the budget bill as having done so). The other theory in UAPD’s case is the statute saying the general fund cannot borrow from special funds. On this issue we still have a pending PERB case about unilateral nature of Governor’s decision.
Inclusion of DSS Bonuses in CalPERS Pension: There is an appeal pending before CalPERS over its staff’s refusal to include Department of Social Services bonuses in compensation used to determine pension amount. We await its Administrative Law Judge setting a hearing date (these are delayed due to furloughs.) The CalPERS Staff Attorney questioned the propriety of seeking a remedy for the entire group of DSS retirees, and said that each impacted retiree should file a separate appeal. Therefore DSS doctors who have already retired were contacted by UAPD and offered free representation so long as they were UAPD members, and a separate appeal has been filed on their behalf.
Atascadero State Hospital Contracting-Out of Psychiatrists and Cuts in CDCR Dental Staff: UAPD is considering whether to file lawsuits over both of these issues. CDCR Dentists willing to provide declarations stating that inmates need dentists more than hygienists at this time should contact UAPD.