PRESIDENT'S NEWSLETTER

July 7, 2010

President’s Comments:

I have been recently putting out to the entire membership, any California Peace Officer who is killed in the line of duty. This keeps you all in the loop as to any line of duty deaths occurring in the State of California to our fellow officers.

The FDSA is going to be memorializing all of our fallen deputy sheriffs in the upcoming months. We are going to be creating a memorial wall inside of the building to honor those who have been killed in the line of duty working for our department. We will also be keeping a current year log, of all California cops killed in the line of duty for the current year. Anyone is able to access it and take a look at the memorial wall.

Fresno County has adopted its budget for the FY 10/11. The Sheriff’s Department didn’t receive about $400,000 from what the Sheriff requested in allotted monies. What this meant was about 7 professional staff, office assistants being laid off. With the layoff of these office assistants, the impact the public will see is no secretaries at the area substations. The substations will still be open to the deputies for the business we do; however, there will no longer be any public access.

The FDSA engaged in a big budget battle, starting in mid April up until the adopted budget on June 22, 2010. I kept all of you informed as to what was transpiring during all of these budget hearings, and even prior to that. My number one goal is communication with all of you. We are very spread out, and work a variety of shifts and days off. I know I cannot be everywhere all the time. So my goal is to keep you all informed via either email or our website as to what is going on either on a daily, weekly or monthly basis.

Many of you have seen the Grand Jury Report #12 that was published on Friday, June 25, 2010. This report basically states the Grand Jury’s recommendation that the Sheriff contract with the City of Fresno for patrols in the county islands. We have been dealing with this issue for about the last year now. We have studied the County Islands, we have sparred with the City on this topic. The public has been involved as well, and those specifically who live in the county islands. The residents in the islands have been pretty outspoken and told us they want nothing to do with the City of Fresno patrolling their neighborhoods. They love the service they receive from the Sheriff’s Department and want to continue with that. The FDSA will be researching a little further into the Grand Jury report to find out how and why it was so slanted. Stay tuned for more to come on this. Just as a reminder, the Sheriff will not be contracting her service out to any other agency in regards to the patrols we give to ALL residents in the unincorporated areas of Fresno County.

Stay Safe!!

-Eric

LOCAL ISSUES

Sheriff’s Budget

May Newsletter Budget Update

The Fresno County Sheriff’s Budget has been under scrutiny for the last 3 budget cycles. The Fresno County Board of Supervisors is always asking the Sheriff for transparency with her budget, and constantly challenging her numbers and where she spends her money. This issue came to light during a Board of Supervisors’ Meeting in late January 2010, when the Sheriff and her budget director, Steve Forker had to make some tough decisions when it came to where to trim $7.5 million dollars from this current service and fiscal year. A difficult task to do, however with the help of us, FDSA, by starting to talk about concessions, we started a movement that ultimately affected the entire department from the Sheriff down to the deputies and correctional officers she employs.

During this Board of Supervisors’ meeting the Sheriff told the board to bridge her budget gap she would need to go through with layoffs of correctional staff. The County Board said “No she is not,” and that forced the Sheriff to sue the Board of Supervisors. The suit is stating the Sheriff has the right per the State Constitution to control the money in her budget as she sees fit. By doing this, she has the authority to lay off whom she sees fit to make the budget balance at the end of the fiscal year. The Board of Supervisors voted 4-1 (Poochigian voting in favor of the Sheriff) to challenge the Sheriff in the so-called authority she claims to have. This then makes for an historic court case, where many in the Sheriff Vs Board of Supervisor world in the rest of the 58 counties are watching very closely.

On Friday, March 26, 2010 the court did not rule in the case but stated that this is more of a power struggle between the Board of Supervisors and the Sheriff. What can one elected official do to the other? The Sheriff is claiming the BOS can give her a budget and she can manage it as she sees fit. The BOS is saying they have the right to say where the Sheriff can spend her money. I truly think in the end the Sheriff will prevail on this issue and prove to the BOS and voters she has certain authorities given to her.

On Thursday April 1, 2010 Judge Franson ruled in this case for the Sheriff. The ruling stated that the Board of Supervisors cannot tell the Sheriff where she can or cannot deploy her resources. The Board of Supervisors gives the Sheriff a pot of money and the Sheriff has the authority to spend that money where she sees fit. Neither the CAO nor the BOS can interfere with that.

Now when it comes to deleting vacant positions the BOS has the authority to do that, and can fund more positions when the Sheriff requests. Pretty cut and dried.

This is a very important decision the FDSA had been following. Had the Judge ruled the opposite way, the deputy sheriffs may have faced some serious cuts in order to keep the jail facility open. So rest assured for now, the Sheriff is going through with laying off an additional 23 Correctional Officers to make her budget whole for the FY 2009/10. _____________________________________________________________________

June Newsletter Budget update

Another wild ride this has become. I have been updating the membership as much as possible as things have been transpiring with the Sheriff’s FY 10/11 budget. The unfortunate thing is the county of Fresno has cried wolf each and every year when dealing with budget building and funding the Sheriff. There are a lot of historical perspectives that come into play when dealing with funding the Sheriff.

The BOS has always questioned the budget of the Sheriff just due to its size in nature. The largest general fund department in the County, where the BOS has no control on how the money gets spent. The Sheriff is elected as well as the five other elected officials all with different ideas in regards to public safety is where we have the issues. We as deputy sheriffs look at it and think there should not be an issue. We see it as not enough resources when we need them. The Sheriff says how much she needs to protect the citizens of Fresno County, while keeping the jails safe and full, and maintaining the court deputies so the prosecutions run smooth. It’s a triangular balance to keep the machine operating. Sometimes BOS and CAO lose track of that, not really any fault of their own, just because they do not do our job. Nonetheless, we have to prove as an agency why we need certain monies to function.

This year is no exception, with one big difference; there literally are little tighter purse strings this year than in the prior years. Prop 172 monies are greatly reduced, Williamson Act monies were slashed from the budget in FY 09/10 and unknown what will happen in FY 10/11. Williamson Act funds are property tax reimbursements from the State to the Counties, subsidizing reduced property taxes on prime farmland. This money generally comes right to our department.

We are facing a shortfall that puts us about 60 deputies short of our current service levels. This is alarming to the FDSA, and we have been battling to get the department funded since mid-April when this staggering number was presented.

During the May 25, 2010, BOS meeting, the issue was on the agenda for discussion. The Sheriff addressed it, I addressed it, and the BOS engaged in what I would say was very productive conversation to mitigate the layoff of deputy sheriffs. The BOS at the end of the day reached a consensus and directed the CAO to go back into the individual department budgets and find 7 million dollars to fix this problem. This will be brought back to the BOS on June 8^th to discuss where the efforts were made. I will update you all at that time as to where we stand. And just a reminder, budget hearings start on Monday June 14, 2010, at 0900 hrs. These will last all week and the BOS should adopt a budget on Friday June 18th, 2010. Stay tuned for more to come on this issue.

Well as most of you know and have read we have successfully passed a budget for the Sheriff’s Department with the County of Fresno. What a wild ride that was. As I have stated in many of my letters prior to this, the FDSA has been at the table with the Sheriff and the County since the onset of getting this budget. Starting from an underfunding of $26 million dollars, and adopting a budget that is roughly $400,000 short of current service level. We lost funding for some clerical staff, but fortunately did not have to lay any employees off.

There were a total of 89 lay off notices served to our members. 59 Deputy Sheriff III, 29 Deputy Sheriff II, and 1 Community Service Officer. These notices caused some controversy and left the door open for interpretation by many deputy sheriffs including myself. This issue will be revisited by the FDSA and County Personnel/Labor in the coming weeks. Thank you to the many of you who brought this to our attention.

I truly believe that during budget hearings our Board of Supervisors showed us they are committed to funding the Sheriff’s Department, so as there would not be any layoffs to sworn personnel. Some would ask if this was a game of politics by the Board and by the Sheriff. Asking me that question in April, I would have told you that it may have been. But as I entrenched the FDSA in the budget process, I found out real quick, the funding is just very hard to come by. Things have to be made creative by both sides to accomplish the goal of keeping the Sheriff’s Department as the top priority of this county. On June 22, 2010 the BOS showed they are committed to us.

I have learned a couple different lessons during all of this budget process. One main lesson is keeping all of you in the loop with what goes on. Granted I put out 5 prior letters to the membership outside of updating you all monthly on this newsletter, just letting you know where we stand. I received many positive feedbacks of giving you the daily updates during the budget so everyone was in the loop as to what is going on. I will continue to do that in the upcoming budget years.

I learned that we do not back down or take any criticism when it comes to how I need to “sell us,” to the public, to the media and to the BOS on the job each and everyone of you does for this agency. I believe it worked and we are all still employed!

As mid-year budget review comes up in January I will continue to give any new information that develops in regards to our budget and all of your jobs.

FUNDRAISING

FDSA BBQ

I want to thank the BBQ crew; Ryan Gilbert, Dora Papion, Judy Stuart (retiree), Quintin Hawkins and Mike Nulick. Without the help of all of you this BBQ would have been difficult to do. I thank you again.

We tried the idea of the shredded beef sandwiches. We used tri-tip and slow cooked it in roasters for about 10 hours during the night. We stuffed sandwiches, made chili, salad, chips and a soda. With the exception of a few warm sodas (My Court Deps, I apologize and the soda is on us next month!) we heard real good reviews from the BBQ sandwiches.

We are just trying to mix it up a little. I know several people thought we are changing for good, but no worries, we will be doing a little variety each and every month to keep you all guessing! Seems like so far we are cooking what most like to eat.

FDSA Building

Numerous events during the month of June. Each weekend the building was rented out for an event. I want to thank all the facilitators who volunteered their time to work for us at these events.

As a member you can rent the building for $250 and NO bartender fee. That is down from $500 and a bartender fee of $120. There is no need to bleed our members to rent the building that you pay for. This rate is even negotiable depending on a couple services the member can guarantee. FDSA is committed to making this building as user friendly as possible for its members. Thank you.

FDSA APPAREL/ITEMS FOR SALE

The FDSA has also started selling “FDSA,” type apparel to our membership. The display case is on the second floor of the FDSA building, with the price list there as well. Tammy is going to be the person who will be selling you the apparel. All checks will be made out to “FDSA.” I will list below some of the items and the prices attached to them. I am looking into setting up a type of Pay Pal account to attach for the FDSA if any of you are interested in ordering online. We will make it as easy as possible to do this. Pay pal seems to be the easiest without having to purchase or rent a credit card machine.

Photos for all are now located on the FDSA website, www.fresnodsa.org. Please take a look.

FDSA Polo Shirt $25.00

FDSA t-shirt S-XXL $15.00

Black Compression Shirts Tight & Loose fit $20.00

4 different styles of flex-fit hats $18.00

Aprons $18.00

Challenge Coins $5.00

FDSA Mugs $10.00

Air Support Unit Patch $8.00

LABOR FRONT/BENEFITS

Labor Beat

Labor Beat is a quarterly newsletter that is put out by our law firm Carroll, Burdick and McDonough for its clients. This is read throughout the labor world both in the public and private sector. I am attaching different excerpts that apply to things in the public sector that may be of some interest to you. I mis quoted last month and told everyone it is a monthly newsletter. I will update this in a couple months from now when the new issue is put out.

Mixed Law Enforcement Units Still Covered by PERB

By Marie Tenny

Governor Schwarzengger recently vetoed Senate Bill 656 (“SB 656”). SB 656 would have amended the Meyers-Milias-Brown Act (“MMBA”) to explicitly exempt bargaining units comprised of a mix of peace officers and other employees from the Public Employment Relations Board’s (“PERB”) jurisdiction. The introduction and veto of this bill arguably clarifies that the current exemption does not apply to mixed bargaining units. Thus, mixed unit labor organizations may continue to file their grievances before PERB.

Existing law establishes PERB as the means to resolve disputes and enforce the statutory rights of employees under MMBA. However, Government Code section 3511 in the MMBA exempts persons that qualify as “peace officers as defined in Section 830.1 of the Penal Code” from PERB’s jurisdiction and may bring disputes in the courts. It has been somewhat unclear under the statutory language of section 3511, however, whether a mixed bargaining unit comprised of both 830.1 peace officers, who are exempt from PERB, and other employees (such as Dispatchers, Community Services Officers and Crime Scene Investigators) who are covered by PERB, is subject to PERB’s jurisdiction. PERB has asserted jurisdiction over mixed units when the issue affects the entire bargaining unit, but individual peace officers in a mixed unit may file unfair labor practice cases in the courts.

SB 656, which was supported by the Peace Officers Research Association of California (“PORAC”), would have exempted mixed units, comprised of a majority of peace officers, from the jurisdiction of PERB. The California State Association of Counties and the Regional Council of Rural Counties (“CSAC”) opposed SB 656 because it “believed that it is inappropriate to extend what is now a narrow exemption from PERB for peace officers to a larger group of miscellaneous employees.” Schwarzenegger vetoed the bill because it treats non-peace officer employees differently if they are in an organization with a peace officer majority. He concluded that these non-peace officer employees should not be allowed to “circumvent the existing dispute resolution process that currently exists through the Public Employment Relations Board.”

POLITICAL ACTION COMMITTEE

-By Isaac Torres

Results from the June 8^th Primary

Fresno County Board of Supervisor District 1
Phil Larson – Winner and Run off in November

Fresno County Board of Supervisor District 4
Judy Case -Winner

Fresno County District Attorney
Elizabeth Egan -Winner

Fresno Sheriff
Margaret Mims - Winner

Fresno County Coroner-Public Guardian
David Hadden - Winner

Candidate for State Assembly 31st District:
Henry Perea Jr. (D) -Winner

Candidate for State Senate 16th District:
Michael Rubio (D) - Winner

Candidate for State Senate 14^th District:

Tom Berryhill (R) -Winner

Fresno Superior Court Judge:

Jim Petrucelli -Winner

California State Attorney General:

Alberto Terrico (D) - Lost

California State Insurance Commissioner:

Michael Villines (R) - Winner

Candidate for Fresno City Council District 7:

Clint Olivier – Winner

Candidates for Fresno County Assessor-Recorder:
Carole Laval – Winner and Run off in November

Candidates for State Assembly 29th district:
Linda Halderman (R) - Winner

Candidates for State Assembly 30th district:

Have not weighed in on this race

Fran Flores (D)

Pete Parra (D)

Stephanie Campbell (R)

David ValaDao (R)

Candidates for the U.S. House of Representatives 18th District:

Have not weighed in on this race

Dennis Cardoza (D) (incumbent)

Michael Berryhill (R)

Candidates for the U.S. House of Representatives 19th District:
Richard Pombo (R) - Lost

Candidates for the U.S. House of Representatives 20th District:

Have not weighed in on this race

Jim Costa (D) (incumbent)

Steve Haze (D)

Serafin Quintanar (R)

Andy Vidak (R)

Richard Lake (R)

Candidate for the U.S. House of Representatives 21st District:

Devin Nunes (R) - Winner

Pension Update

Vallejo bankruptcy tied up in binding arbitration

By Ed Mendel

Police in Vallejo are scheduled to receive a 7 percent pay raise next month, part of a labor contract negotiated after the city declared bankruptcy two years ago.

“The police getting a 7 percent raise is insane,” said Vallejo Councilwoman Marti Brown, elected last November months after the police contract was approved. “No one is getting a 7 percent increase, even in cities not in bankruptcy.”

Brown co-chaired a campaign for a ballot measure to give city negotiators a stronger position at the bargaining table by repealing “binding arbitration.” Measure A held a slim lead after the vote Tuesday, but outstanding ballots are still being counted.

Under binding arbitration, when management and unions do not agree on a new contract an impartial arbitrator selects the offer of one side or the other. The arbitrator cannot work out a compromise between the two positions.

Brown and two other council members, Stephanie Gomes and Joanne Schivley, said in videos on the Measure A website that union negotiators use binding arbitration as a threat because arbitrators usually select the union position.

Typically, said Schivley, the argument is that the arbitrator is likely to pick the union position and the expensive arbitration will only add to the cost. She said the result has been labor contracts that the city cannot afford.

“There is no doubt that it (binding arbitration) has contributed to the financial situation of the city, which culminated in the bankruptcy filing in May 2008,” Schivley said.

Gomes said 81 cents of every taxpayer dollar collected by the city is spent on employee costs. She said the result of “binding arbitration” is that the city council has not been able to control costs.

“That’s what got us to this place where we have unsustainable contracts,” she said.

Vallejo put “binding arbitration” into the city charter in 1970, Gomes said, during the era of the “Zodiac” serial killer. She said city officials did not want a strike by police or firefighters, but strikes by safety workers were banned shortly afterward.

Officials at the League of California Cities said Vallejo may have been the first to adopt binding arbitration. A count several years ago found that about 20 cities and at least one county have binding arbitration.

About 120 of the 480 cities in California operate under their own charter, like Vallejo. Legislation a decade ago imposed binding arbitration on the rest of the cities and counties operating under general law.

In a lawsuit originating in Sonoma County, the binding arbitration law was ruled unconstitutional and overturned by the courts. But binding arbitration still has strong support from unions and their Democratic allies.

Measure A backers said their shoestring campaign faced well-financed opposition, with some money coming from unions in other cities. The Measure A opponents listed endorsements from a half dozen Democratic congressmen and state legislators.

The Vallejo Times-Herald opposed Measure A, calling it a “distraction” that would not help the city.

“Voters inserted the charter clause four decades ago in part due to the public safety unions’ deep mistrust of City Hall, a feeling that led to an ugly strike,” said the newspaper. “Removing this clause would only ratchet up the current mistrust to new levels, a scenario that serves no useful purpose, and could even be costly to the citizenry.”

The Vallejo bankruptcy is widely watched because the city asked a federal bankruptcy court to overturn labor contracts. That issue did not arise in the Orange County bankruptcy in the 1990s or the lesser-known Desert Hot Springs bankruptcy.

If bankruptcy allows Vallejo to overturn otherwise ironclad labor contracts and shed or restructure pay and retirement costs, will other struggling cities and counties be tempted to do the same?

Taking no chances, public employee unions are backing a bill, AB 155 by Assemblyman Tony Mendoza, D-Norwalk, that would require local governments to go before a labor-friendly commission in Sacramento before filing bankruptcy.

While in bankruptcy, Vallejo negotiated new contracts with three unions: police, firefighters and managers. But there was no agreement with a fourth union, the electrical workers.

In a landmark ruling last September, U.S. Bankruptcy Judge Michael McManus in Sacramento overturned the electrical workers contract after mediation failed. An appeal was heard in March by U.S. District Judge John Mendez and a ruling is pending.

Meanwhile, arbitration of the electrical worker contract began last month. But if Measure A wins and McManus’s decision to overturn the contract is upheld, the arbitration may not continue.

“I would say there is a good chance the city will probably walk away from the table,” said Councilwoman Brown. Then if there is no agreement, she said, the city could impose its final offer.

As a Sacramento city employee who has been on the labor side of the bargaining table, Brown said, she understands the power of binding arbitration. She was part of an unsuccessful drive to put a repeal measure on the Vallejo ballot two years ago.

Brown faults the city for not immediately moving to repeal binding arbitration after declaring bankruptcy. Instead, she said, the city waited for a recommendation from a commission to put a measure on the ballot, passing on a chance for a vote last November.

“We did have some opportunities — a lot of it squandered, unfortunately,” she said.

On Tuesday, the city council is scheduled to consider a hard-times budget and a proposal to put a one-cent sales tax increase on the November ballot.

General fund revenue has dropped nearly 25 percent in the last two years, from $83.6 million in fiscal 2007-08 to an estimated $63.4 million in the new fiscal year beginning next month.

Police officers have been cut from 155 to 104, and without the tax increase may drop to 87. Firefighter companies have been cut from nine to six, and without a tax increase may drop to five.

Concern that a shrinking police force is resulting in more crime in Vallejo has been reported in the San Francisco Chronicle and the Los Angeles Times.

An exception to the deep cuts is pension costs. The proposed budget would spend $12.8 million, about 20 percent of general fund revenue, on the annual payment to the California Public Employees Retirement System.

That’s more than the $10.2 million asked by CalPERS, which adopted a “smoothing” policy to phase in increased payments needed to cover huge investment losses in the stock market crash.

But city officials hope to give Judge McManus a plan for emerging from bankruptcy this summer. And they want to show the city is dealing with long-term debt and not likely to slide back into bankruptcy.

The increased payment results in a projection that the future pension obligation would be 80 percent funded, regarded as an acceptable minimum. Getting to 100 percent would require a payment of $16.5 million, about 25 percent of general fund revenue.

Benefits embattled across U.S.

By Dale Kasler
dkasler@sacbee.com

Published: Sunday, Jun. 13, 2010 - 12:00 am | Page 1A

California is bracing for a big increase in the cost of supporting its public employee pensions. Other states, by contrast, are slashing retirement expenses.

In an effort to reduce the burden on their budgets, at least a dozen states have passed laws this year overhauling their retirement systems. Some have created less-generous pensions for newly hired workers. Others have increased the amount of money employees must pay into their pensions. Some have done both.

The trend is being driven by big budget deficits and the 2008 stock market crash, which left many pension plans underfunded. Meanwhile, sympathy for public employees' pensions has waned as anxious voters in the private sector struggle with turbulent 401(k) plan results and frozen pensions.

Arizona, Mississippi and Virginia are among those that instituted lower retirement benefits for newly hired workers. Even union-friendly states like Michigan and Illinois, their budgets depleted by the recession, reduced pensions for new hires.

"You have an almost unprecedented revenue crisis for state governments and an almost unprecedented loss in investment value," said Ron Snell, a pension expert with the National Conference of State Legislatures. "A lot of these issues came together – it has become a flood tide of action."

But the waters haven't yet reached California, where the two big public pension funds are looking to state government for more money – and Gov. Arnold Schwarzenegger's attempts to reduce retirement expenses are running into resistance.

CalPERS and CalSTRS say they need additional state and local government dollars to help them recover from the 2008 market crash, which cost them a combined $100 billion.

The California Public Employees' Retirement System was on the verge last month of billing the state an additional $600 million for the upcoming fiscal year, an 18 percent increase. At the last minute the board postponed the decision, saying it wants to see if increases can be put off for another year to ease the strain on a state budget that's $19 billion in the red. A decision is expected this week.

The California State Teachers' Retirement System is at least a year away from raising rates. The teachers' fund, unlike CalPERS, needs the Legislature's approval to set contribution rates, and the fund doesn't plan to approach lawmakers until 2011.

Despite the two funds' money problems, Schwarzenegger's plan for a two-tier pension system, with lower benefits for new hires, is making little headway in the Democrat-controlled Legislature.

A small union representing California state scientists has opened the door a crack to a two-tier system. But the largest unions remain opposed, including powerful Local 1000 of the Service Employees International Union.

Regardless of what happens elsewhere, "we need to work on California based on California's numbers," said Jim Zamora, spokesman for Local 1000. "Every state and every jurisdiction is different."

The trends in other states "give a talking point to advocates of reform, but I don't think it's very persuasive to the union leaders (in California), at least not yet," said political analyst Jack Pitney of Claremont McKenna College.

The average CalPERS pension pays $25,212 a year. The average CalSTRS pension is significantly higher – $34,668 – but officials with the fund note that their members don't collect Social Security.

Private sector pensions average $11,282 a year, according to the Employee Benefit Research Institute. Public employee unions say their relatively hefty pensions represent a fair trade-off because their members earn smaller salaries during their careers than their private-sector counterparts.

Still, public employee pensions around the country have come under scrutiny as state legislatures cope with sagging revenue and the fallout from the market crash.

"Certainly in the wake of the investment losses of 2008, a lot of plans took a look at their numbers and found that they needed to make some changes … in order to preserve or restore the plans' sustainability," said Keith Brainard, research director at the National Association of State Retirement Administrators. "The level of attention being given to public employee compensation is heightened."

The issue reached a flash point in Illinois. The leading Wall Street debt-rating agencies were threatening to downgrade the state's credit rating because of Illinois' budget woes, including troubles in the pension funds. A downgrade would have jeopardized financing for billions of dollars worth of public works construction projects.

So lawmakers in April passed a series of pension changes. The law will reduce benefits for newly hired state and municipal employees – and will force them to work longer before they can retire with full pensions. The plan will save billions.

But it wasn't good enough for Wall Street. Moody's Investors Service last week cut Illinois' credit rating anyway, saying pensions remain a huge burden despite the new law.

"We believe that pension underfunding will continue to be the primary source of fiscal pressure on the state for many years," Moody's said.

State Senate committee kills governor's pension reform bill

By The Associated Press

Posted: 06/14/2010 05:59:11 PM PDT

SACRAMENTO - A Senate committee has defeated a bill backed by Gov. Arnold Schwarzenegger that would have cut California's long-term pension costs by reducing benefits for newly hired state employees.

Sen. Dennis Hollingsworth's bill would have required new state employees to pay more toward their retirement. Most would have to work 10 years longer, until age 65, to be eligible for retirement benefits.

Hollingsworth, a Republican from Murrieta, says his bill would have saved the state $110 billion over 30 years.

Schwarzenegger has made pension reform a priority of his final year in office. He says the pension system's unfunded liabilities endanger the state's long-term fiscal health.

The bill, SB919, failed on a party-line vote in the Public Employment and Retirement Committee Monday.

PORAC

These are minutes from the Central Cal Chapter Meetings that fall on the 3^rd Tuesday of each month. Any other significant events that may occur with PORAC will also be listed under this heading as well.

CHAPTER MINUTES

Tuesday, May 18, 2010

The chapter meeting was held at DiCicco’s Italian Restaurant in Merced. Chapter President James Bewley called the meeting to order at 1907 hrs. After self-introductions, PORAC President Ron Cottingham led us in the pledge of allegiance. There was a moment of silence for those officers killed in the line of duty, especially for Officer/Pilot Danny Benavides, CHP – Imperial County, EOW: May 7, 2010.

President Bewley said we would take PAC out of order because we had two candidates at this meeting who had other events to attend.

PAC: Chapter PAC Rep Jim Watson presented his monthly report on the balances available in the Chapter PAC & PIC accounts.

He attended PORAC’s Legislative Day in Sacramento on May 5^th along with James Bewley, Jacky Parks, Eric Schmidt and Robert Arendt. They met with Senator Dave Cogdill and Assembly Members Tom Berryhill, Mike Villines, Danny Gilmore and Juan Arambula. Watson also met with Assembly Member Cathleen Galgiani.

Watson introduced State Senator Jeff Denham, Republican candidate to replace Congressman George Radanovich in the 19^th CD. Denham currently represents the 12^th SD. Denham gave us background information, told us what he has accomplished in the state legislature and what he plans to do after he is elected with water issues at the top of his agenda. Radanovich has endorsed him and he has had a good working relationship with PORAC during his time in the legislature. He answered questions from the members and asked for our support.

Watson next introduced Anna Caballero, Democratic candidate for the 12^th SD. Currently Caballero represents the 28^th AD. She provided us with her background information and told why she in running for the 12^th SD. She answered several questions from the members related to the state budget, the budget deficit and law enforcement funding. She asked for our support.

The last candidate Watson introduced was David Robinson, candidate for Kings County Sheriff. Robinson currently is a Kings County DA investigator and is a member of Kings DSA. He gave us background information and explained why he is running for sheriff. He has been endorsed by the Kings Co DSA, Lemoore POA and Hanford POA. He asked for our endorsement.

Jeff Denham and Anna Caballero left the meeting after their presentations. Bewley asked David Robinson to step out of the meeting briefly.

Watson reminded us about Susan Anderson’s fund raiser in July. We have supported her in the past and we are dark in July so he asked the chapter to take this up now.

Chapter Minutes – 05/18/10

Upon a motion duly made by Isaac Torres, second by Jacky Parks, that the chapter donates $500 from PAC to Fresno County Supervisor Susan Anderson’s Birthday Party fundraiser on Thursday, July 29, 2010.

The motion carried.

Upon a motion duly made by Jacky Parks, second by Jim Henderson, that the chapter recommends the endorsement of Anna Caballero for the 12^th SD.

The motion carried.

Upon a motion duly made by Jacky Parks, second by Manuel Flores, that the chapter endorses David Robinson for Kings County Sheriff.

The motion carried.

Upon a motion duly made by John Willow, second by Jacky Parks, that the chapter donate $1,000 from PAC to David Robinson’s campaign for Kings County Sheriff.

The motion carried.

Upon a motion duly made by Isaac Torres, second by Jacky Parks, that the Chapter recommends the endorsement of Dr. Linda Halderman for the 29^th AD.

The motion carried.

Upon a motion duly made by Jacky Parks, second by John Willow, that the chapter endorses Clint Olivier for Fresno City Council District 7.

The motion carried.

Upon a motion duly made by Jacky Parks, second by Isaac Torres, that the chapter donates $500 from PAC to Clint Olivier’s campaign for Fresno City Council District 7.

The motion carried.

David Robinson returned to the meeting and thanked the chapter for the endorsement and donation to his campaign.

Approval of Minutes: President Bewley asked for a motion to approve the minutes from the April 20, 2010 chapter meeting.

Upon a motion duly made by Mike Harris, second by Jim Henderson, to approve the minutes from the April 201, 2010 chapter meeting as submitted.

The motion carried.

Financial Report: Treasurer Mike Cavallero reported the balance in the chapter checking account as of April 30, 2010 was $5,959.82.

Director’s Report: President Ron Cottingham reported on a recent meeting with the governor on the state budget and one of the issues that governor is pushing is reform in the state pension system. Jacky Parks gave an overview of the recent board meeting held in Sacramento on May 6^th. A new association, Hanford PMA, was approved for membership and will be in our chapter. PORAC News will be published by 911 Media.

Chapter Minutes – 05/18/10

Legislative Report: Jacky Parks spoke about the various issues covered during PORAC’s Annual Legislative Day. The main issues were reauthorization of VLF for law enforcement funding, pension and health care reform MUST be done ONLY through the collective bargaining process. PORAC co-sponsored AB 1697 (Hall) that changes the reimbursement process from being administered by the Administrative

Office of the Courts (AOC) to the state legislature. On the Workers’ Compensation front, PORAC has sponsored AB 2397 (Solorio). This bill would allow for an additional 365 days of 4850 time if mutually agreed by the public safety employee and the employer.

LDF Report: Andy Schlenker introduced Ed Fishman, Legal Administrator of the LDF Trust, and Rebecca Mann, Assistant Legal Administrator. Fishman spoke about the rise in LDF usage in the last five years and noted that discipline is more harsh and severe. He also updated the members on several criminal and administrative cases. Mann is the civil case monitor for the trust. She reviewed the process and reminded the members not to hesitate to contact LDF on civil issues.

Mark Johnson, Mastagni Law Firm, spoke about the value of the PORAC’s LDF Trust.

I & B Report: Board Trustee Mike Durant reviewed the recent I & B Trust meeting. There was discussion involving LTD issues and the trust continues to move forward with updates for both membership and claims.

AFLAC for PORAC – the new AFLAC reps for our chapter are Dan Sweeney and David Folia. They look forward to meeting our members and providing whatever assistance may be needed.

California Casualty – Meri Graham had to leave the meeting before the I & B Report.

RMT Report: Trustee Bill Harbottle was attending a RMT meeting in San Diego and could not attend this meeting. There was no report.

RAM Report: Cavallero reported the RAM Committee met in Sacramento on May 8^th. RAM membership has gone past 4,000 as of May 1, 2010. The LDF Plan V has been finalized and almost 400 RAM members have applied for the plan. There has been discussion about beginning the plan on June 1, 2010, but that must be approved by the LDF trustees. Associations are asked to remind their retiring members to join RAM.

Association Report:

Clovis POA: John Willow said they are doing their best to deal with declining revenue and reduced staffing.

Los Banos POA: Preston Jelen reported they lost 12 positions in December 2009 and the city imposed an MOU that included a 9% pay reduction.

Chapter Minutes – 05/18/10

Livingston POA: Tyson Perry said they are trying to deal with a significant budget shortfall for FY2010-2011.

Merced POA: Keith Pelowski had nothing new to report. They are dealing with the same issues as all other associations.

Kings DSA: Damon Perryman said this was the first chapter meeting he has attended and had nothing to report.

Fresno DSA: Eric Schmidt said their main focus will be to protect their members from layoffs. The county budget shortfall seems to be focused on public safety.

Fresno POA: Jacky Parks provided a summary of a tentative agreement for a side letter to the current MOU that would save the city a little over $3 million in the upcoming budget. FPOA membership approved the TA during general membership meetings on April 26^th. The city council has not yet approved the TA. The association is dealing with several other issues related to the city’s budget shortfall.

Old Business: None

New Business: Mike Harris, Fresno POA, gave an overview of a plan involving well known artist Kaziah Hancock of Utah that would commemorate our fallen officers. Harris showed two portraits recently done by Hancock in memory of Fresno Deputy Sheriff Joel Wahlenmaier and Reedley Officer Javier Bejar.

Next Meeting: The next chapter meeting will be on Tuesday, June 15, 2010 and will be held at the Fresno DSA Office.

President Bewley adjourned the meeting at 2110 hrs.

State Issues

I have added this heading into my monthly President’s Report to just keep everyone apprised of what is going on around the state. Here are a few items that may be of some interest to our members. I breeze through the different media channels daily to see what is going on in the northern and southern regions of the state. Here are just a few things that are happening around the state that may have an affect here locally;

PORAC Applauds Legislature and Governor for Approving and Signing Common Sense Public Safety Measure

PORAC Advocated for Measure to Ban Felons from Possessing Body Armor, SB 408 – Now Signed by Governor Schwarzenegger

Sacramento, CA – The Peace Officers Research Association of California (PORAC), the largest statewide public safety association in the nation representing 62,000 public safety members and 890 public safety associations, praises legislators and Governor Arnold Schwarzenegger today for their swift action in passing Senate Bill 408, by Senator Alex Padilla (D- Pacoima).

“The public safety community believes this bill is not only necessary, but is critically important,” said PORAC President Ron Cottingham. “Violent criminals possessing body armor are extremely dangerous to law enforcement.”

Senate Bill 408 reinstates California law, making it illegal for violent felons to possess body armor. This bill provides a straightforward, practical definition of body armor as “any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor.”

This removes any ambiguity in the law by making it clear to any lay person that violent felons are prohibited from possessing any body armor whatsoever. This law is critical now more than ever, because of recent attacks against peace officers by felons wearing body armor. In Los Angeles this past March, a parolee with 19 arrests and four convictions was wearing body armor while he led police on a high speed chase.

In January, a gunman suspected of killing eight people in Virginia was wearing a bulletproof vest when he was apprehended by police.

“There is no situation we can fathom where a convicted felon would need the use of body armor,” Cottingham continued. “We appreciate lawmakers’ swift action on this necessary law, and PORAC appreciates working together with our brother public safety associations and with our elected officials to make California a safer place to live.”

Background

The law prohibiting possession of body armor by violent felons was passed following two infamous incidents: the 1994 killing of San Francisco Police Officer James Guelff, murdered by a robber wearing body armor; and the notorious North Hollywood shootout in 1997 that saw eleven LAPD officers and six civilians wounded during a prolonged exchange of gunfire with two bank robbery thugs clad head to toe in assembled body armor.

The Second District court decision stemmed from an incident in which LAPD officers stopped parolee Ethan Saleem in 2007 after he served time for his conviction of voluntary manslaughter. Saleem was wearing a 10-pound, military-style armored vest with a label reading “body armor, fragmentation protection,” which was not allowed because of his violent felony conviction.

In Closing

I wanted to touch on the layoff process the County of Fresno has set up when they implement the article for laying off employees. We as deputies have never felt this in a long time, about 20 years. During the process, it was identified that there is a problem with the way the procedure is set up, in regards to the deputy sheriff series.

I want to thank Austin Herion and David Rippe for really bringing it to the FDSA’s attention. This was the first time I personally have dealt with the layoff procedure and concur with Austin and David that there is room for improvement. David and I sat down with the County on June 30^th to discuss our concerns, which to a pleasant surprise, echoed the same concerns of Fresno County. There are currently different models being explored at the county personnel level to fix this problem. I will keep you all up to date on this issue as it progresses.

I want to emphasize to you that my door is always open to any member, day or night that needs to talk to me about any issue. Don’t hesitate as I will make myself available as I have been doing for the last two years as your President.

Take Care

-Eric

PRESIDENT'S NEWSLETTER

June 2, 2010

President’s Comments:

The mission statement on the FDSA website talks about what we do as an Association for the membership and for the community. First and foremost we are here to take care of each other. That is my number one priority as your President. We hear that a lot, “Take care of your people.” There comes a time when that will be tested, and a good leader needs to step up to the plate and show what that really means.

A leader for me, one who has proven to me that he leads people, is Retired General Harold Moore, United States Army. This man not only had the respect and trust of his troops, but he treated them like human beings and would listen to them. He never promised anything unless he could deliver. A man of family and faith, just so well rounded, almost a text book figure. There are many “leadership” schools out on the market for law enforcement officers. However, I truly believe you cannot teach someone how to lead people. You either have it or you don’t. People will follow you or they won’t. I think taking little bits and pieces from here and there is how it gets done. And quite honestly not everyone in this world can be a leader. I have met many people in my life who have told me they are soldiers and that is it. Give them a task and it gets done. We need soldiers in this world as well, almost more than we need a leader.

There are many people who you may not think are leaders in this world, but once things start breaking apart and the stress levels rise to their peak that is when these people shine. We have seen it many times in the media, many times in person with incidents we get involved with..

I take a lot of pride as a Deputy Sheriff working in Fresno County. I have learned a lot through trial and error working as your President. Taking on battles is something that is always a trial and error. Learning from positives and learning from mistakes is something I have done for all of you. A recent issue arose with the death of Deputy Wahlenmaier that I decided to take on for the future of Deputy Sheriffs in Fresno County, when and if we are killed in the line of duty.

Current county policy basically states that if you die prior to retirement, your annual leave hours are cashed out to you using a convoluted formula. However they shall not exceed the current 400 hours of cash value of any bank of time built up. Deputy Wahlenmaier had in excess of 1100 hours built up in his time bank. The county cashed out his surviving spouse about 250 hours, and called the rest of them “Lost.”

This was not right and I was not going to take that as an answer. I met with the CAO who said “Too bad so sad.” I then met with each board member individually and reached a consensus that he should receive the entire balance of hours.

Supervisors Larson and Perea carried this for the FDSA at my request to get county policy changed to a benefit for any future deputy sheriff death in this county. See below the new policy set for you and your family.

Approve Administrative Policy Number 70, effective January 1, 2010, authorizing an additional benefit equal to the value of any accrued leave not otherwise cashed out or used to increase the retirement benefit for the beneficiary of a County of Fresno law enforcement peace officer who is killed in the line of duty through violent criminal means!

Deputy Wahlenmaier was one person I always looked up to as a leader. Deputy Wahlenmaier continues to give although no longer with us, by indirectly creating this policy to protect the future Deputy Sheriffs in this department. Deputy Wahlenmaier, a true leader in my eyes.

LOCAL ISSUES

Sheriff’s Budget

This year is no exception, with one big difference; there literally are a little tighter purse strings this year than in the prior years. Prop 172 monies are greatly reduced, Williamson Act monies were slashed from the budget in FY09/10 and unknown what will happen in FY 10/11. Williamson Act funds are property tax reimbursements from the State to the Counties, subsidizing reduced property taxes on prime farmland. This money generally comes right to our department.

During the May 25, 2010 BOS meeting, the issue was on the agenda for discussion. The Sheriff addressed it, I addressed it, and the BOS engaged in what I would say was very productive conversation to mitigate the layoff of deputy sheriffs. The BOS at the end of the day reached a consensus and directed the CAO to go back into the individual department budgets and find 7 million dollars to fix this problem. This will be brought back to the BOS on June 8^th to discuss where the efforts were made. I will update you all at that time as to where we stand. And just a reminder, budget hearings start on Monday, June 14, 2010 at 0900 hrs. These will last all week and the BOS should adopt a budget on Friday June 18^th, 2010. Stay tuned for more to come on this issue.

FUNDRAISING

FDSA BBQ

I want to thank the BBQ crew; Ryan Gilbert, Kelly Mayfield, Christina Meza, Christine Versola. Without the help of all of you these BBQ’s would be difficult to do. I thank you again.

We will be going another month with the tri-tip lunches. We have had some requests for pulled pork sandwiches. We are catering the upcoming PORAC dinner on Tuesday, June 15, 2010 as a test run to see how the reviews are on the meal. If they are good, we may do this in June, or July at the latest. Just depending on our stock and pricing.

We have started using a company called J&D Food Service for supply. This company gets us what we want for everything at a very reasonable price. They deliver to the FDSA, all we have to do is put the order in. This cuts out the time of having to go to Costco or Smart and Final for our supplies. That is very time consuming. The time management on using this food service company is awesome and they have been great to work with thus far.

Keep your eye out for the change up in the menu, and please come down and try it out.

FDSA Building

There have been some improvements to the building in the last month. We have finally upgraded the men’s restroom on the first floor by incorporating a toilet stall and a urinal partition to separate the sink. This modification will cut down on the line outside of the bathroom during events.

UFC fight nights will continue through the summer. Remember those are free events to members on the nights they are aired and put together.

FDSA APPAREL/ITEMS FOR SALE

Photos for all are now located on the FDSA website, www.fresnodsa.org. Please take a look.

FDSA Polo Shirt	FDSA T Shirt (S-XXL)	Black Compression Shirt
$25.00 Each	$15.00 Each	Tight or Loose Fit
		$20.00 Each
4 Different Styles of Flex Fit Hats	Aprons	Challenge Coins
$18.00 Each	$18.00 Each	$5.00 Each

FDSA Mugs		Air Support Unit Patch
$10.00 Each		$8.00 Each

LABOR FRONT/BENEFITS

Labor Beat

· Attack on Retirement: An Update and Call to Join Coalition

Last year, we reported that a judge in the Los Angeles Superior Court threw out the Orange County Board of Supervisors’ (“B.O.S.”) legal action aimed at repealing part of a pension agreement with the Association of Orange County Deputy Sheriffs (“the Deputy Sheriffs”). The B.O.S contended that a 2001 labor agreement that increased the pension benefits of the Deputy Sheriffs from 2% at 50 to 3% at 50 violated the California State Constitution’s prohibitions on deficit spending and gifts of public funds. The B.O.S sought to repeal that agreement along with the increased pension benefits that resulted from it.

Although the B.O.S. lost at the trial court level, they have appealed to the Second District Appellate Court in an effort to overturn the trial court’s decision. The parties are in the process of briefing the issues and we will keep you updated on the decision. We expect oral argument to be set sometime in the end of this year.

CBM is committed to fighting any and all attempts to retroactively reduce public employees’ pension benefits. Therefore, while we are not directly involved in this case, we intend to file an Amicus Curiae brief on behalf of an existing coalition of public sector unions.

As of the publication of this article, associations with cumulative membership of over 50,000 public employees have already joined the coalition, including CCPOA, CDF Firefighters, Colusa DSA, CSEA Retirees, Fresno Sheriff’s DSA, Marin Professional Firefighters IAFF 1775, Novato PFA, Sacramento County Attorneys’ Association, San Francisco MEA, San Francisco POA, San Jose POA, Santa Clara DSA, Santa Cruz MMA, Sunnyvale MMA, Sunnyvale PSOA, Sunnyvale Public Safety Managers Association, and the Tuolumne DSA. There is still time to add your association to the cause.

Any association interested in joining the coalition against the attack on retirement benefits should contact CBM partner Jason Jasmine in the Sacramento Office (916-446-5297). You can also see our website for past issues of the Labor Beat in which we discussed this case, and additional information regarding this case. The direct link to the proper page is: www.cbmlaw.com/areas-of-expertise/public-sector.asp

· Because Officers Can Don and Doff at Home, Ninth Circuit Denies Compensation; Officers Appeal

Bamonte v. City of Mesa

In Mesa, Arizona, police officers have the option don and doff their uniforms and gear at home, though the department provides changing rooms with lockers and trains officers to don and doff at work for safety reasons. Nearly all officers don and doff at the department. Only motorcycle officers generally don and doff at home, because they begin their shifts as soon as they leave their homes on their motorcycles. Against this backdrop, the officers sued under the Fair Labor Standards Act for compensation for the time they spend donning and doffing.

In a deeply divided 2-1 decision, the Ninth Circuit Court of Appeals denied compensation under the FLSA because the officers had the option to don and doff off-site, which led the court to conclude that the donning and doffing was not integral and indispensable to the officers’ principal work activity.

The officers have filed a petition seeking a rehearing en banc before an eleven member panel of Ninth Circuit judges. In order to secure permission for this hearing, they must persuade a majority of the twenty-seven active Ninth Circuit judges to vote to grant it.

En banc hearings are usually reserved for cases that create a circuit split or are otherwise very important. Here, the officers argue that the Bamonte decision creates a circuit split because it relied almost completely on one factor -- where the donning and doffing takes place – whereas past decisions used a multi-factor, context-specific analysis.

Until we know whether the Ninth Circuit will reconsider Bamonte en banc, expect future plaintiffs to look to California minimum wage laws and other state theories to secure fair compensation for their work.

Returning to Bamonte v. City of Mesa, Judge Johnnie Rawlinson’s majority opinion, affirming summary judgment for the City of Mesa, applied the traditional three prong test identified in IBP v. Alvarez but appeared to apply it in a new and narrow way. That test asks: 1) whether the activity constitutes “work (defined as defined as “physical or mental exertion . . . controlled or required by the employer and pursued necessarily

and primarily for the benefit of the employer”); 2) whether the activity is an “integral and indispensable” duty; and 3) whether the activity is de minimis.” IBP, Inc. v. Alvarez, 546

U.S. 21 (2005). The court reached prong two before concluding that none of the donning and doffing was compensable.

Under prong one, the majority found that the officers’ donning and doffing might be considered work because it was done at the employer’s direction and for the employer’s benefit.

The majority’s interpretation of prong two spawned a dissent so blistering that the majority spent much of the rest of the decision trying to justify its decision to the dissent. The majority interpreted prong two very narrowly, defining an activity as integral and indispensable when the nature of the work (in this case, police work) required donning and doffing on the employer’s premises. The majority denied compensation because: a) officers had the option to don and doff at home; and b) the department derived no particular benefit from having the officers don and doff onsite.

Judge Gould’s dissent complained bitterly about the analytical approach and the result. He pointed out that the majority essentially created a new rule by giving so much weight to whether the donning and doffing is performed onsite. Prior courts’ analyses considered location as just one of many factors when evaluating whether an activity was integral and indispensable to the principal work activity (and therefore compensable). No one factor (including location) had been required to ensure compensation.

Judge Gould would have found that the officers should be paid for the donning and doffing of gear (but not uniforms) because, when looking at all the facts and circumstances in context, the officers donned and doffed specialized gear for the particularized benefit of the employer, regardless of where this work happened. Moreover, even if location was a dispositive factor, Judge Gould would likely have found the activity integral and indispensable because he would look not only the official policy, but also the practical reality that the officers donned and doffed onsite due to safety reasons identified by the employer.

The officers’ Petition for Rehearing en banc agrees with the dissent, urging the Ninth Circuit to continue using the broader and more context specific test for when work is integral and indispensable to the principal work activity. Well settled precedent has long established that compensable work can be performed at home. It would not be logical to conclude that work done at home is compensable, unless that work is donning and doffing! We will keep readers posted about whether the Ninth Circuit grants a rehearing.

POLITICAL ACTION COMMITTEE

-By Isaac Torres

On June 8th, 2010, we will all head to the polls to cast our ballots for the best candidates in our local races. In some of these races, the candidates who won their political party's nomination will square off against each other in the November general election.

As you may know, the economy is still taking a turn for the worst and there is no end in sight. California's sales tax revenues are projected to be down for the final quarter of the of the 2009/2010 budget year. The Fresno County Sheriff's Office along with other county justice services depend almost entirely on general fund revenues to provide quality public safety services for Fresno County residents and businesses. General fund revenues are, in large part, dependent on property tax revenues.

The FDSA feels that it is very important to choose the right candidates who are STRONG public safety supporters not just in their words, but in their actions. Each FDSA endorsed candidate MUST be business friendly, because the sales and property taxes generated from the businesses goes directly into the general fund, which in turn funds public safety.

I know that some of the FDSA membership has questioned why the FDSA has endorsed certain candidates who do not belong to their party affiliation. Let me clarify this by saying that it's not about our individual political views, but what is good for the association membership.

The FDSA has already previously endorsed the following candidates because of their experience, commitment, consistency and integrity necessary to support County operations, including public safety services provided by FDSA members. Please join the FDSA and support the following candidates in the June 2010 primary election.

******See Below for complete list of candidates the FDSA has endorsed for the June 8 primary election*******

Fresno County Board of Supervisor District 1
Phil Larson

Fresno County Board of Supervisor District 4
Judy Case

Fresno County District Attorney
Elizabeth Eagan

Fresno Sheriff
Margaret Mims

Fresno County Coroner-Public Guardian
David Hadden

Candidate for State Assembly 31st District:
Henry Perea Jr. (D)

Candidate for State Senate 16th District:
Michael Rubio (D)

Candidate for State Senate 14^th District:

Tom Berryhill (R)

Fresno Superior Court Judge:

Jim Petrucelli

California State Attorney General:

Alberto Terrico (D)

California State Insurance Commissioner:

Michael Villines (R)

Candidate for Fresno City Council District 7:

Clint Olivier

Candidates for Fresno County Assessor-Recorder:
Carole Laval

Candidates for State Assembly 29th district:
Linda Halderman (R)

Candidates for State Assembly 30th district:

Have not weighed in on this race

Fran Flores (D)

Pete Parra (D)

Stephanie Campbell (R)

David ValaDao (R)

Candidates for the U.S. House of Representatives 18th District:

Have not weighed in on this race

Dennis Cardoza (D) (incumbent)

Michael Berryhill (R)

Candidates for the U.S. House of Representatives 19th District:
Richard Pombo (R)

Candidates for the U.S. House of Representatives 20th District:

Have not weighed in on this race

Jim Costa (D) (incumbent)

Steve Haze (D)

Serafin Quintanar (R)

Andy Vidak (R)

Richard Lake (R)

Candidate for the U.S. House of Representatives 21st District:

Devin Nunes (R)

Pension Update

CARLSBAD: Council cuts pension benefits for new firefighters

Declaring contract talks were truly at an "impasse," Carlsbad's City Council terminated negotiations Tuesday with the city's Firefighters' Association and voted to impose a contract that contains a two-tiered retirement system with lower benefits for new employees.

The city's mayor said the decision was a long-term necessity to keep Carlsbad in good fiscal health. Carlsbad firefighter representatives said it was a sad move that would put the city in a place it doesn't want to be.

"We tried to extend an olive branch," Firefighters' Association Vice President Chris Lawrence said moments after the vote, as he discussed the final contract offer firefighters made as talks entered the impasse stage.

Lawrence said the council's decision would disappoint the city's firefighters, but would not affect the high quality of care they provide.

The hefty size of some government pensions has been a hot-button issue since the nation's economy began souring. Carlsbad is the first in the San Diego region, some observers said Tuesday night, and perhaps even the first in the state to back away from the current 3-percent-at-50 retirement system, which many communities began offering to firefighters and police officers early in the decade when stock market conditions were rosy.

"We did it during the good days when money was flush .... that was a mistake, and we're trying to make a correction," Mayor Bud Lewis said moments after the council's 4-1 vote.

Councilman Keith Blackburn opposed the decision, arguing that Carlsbad should be cautious and not be the first community to take such a drastic step. If all the other cities in the region have much better retirement plans, then Carlsbad is going to be the "last resort" employment option for any new firefighter, he said.

"When every other city has rejected him, then he'll come to Carlsbad," he said.

The mayor responded that he didn't think young people pick jobs based on the retirement plan options, saying it sure wasn't an issue for him decades ago when he was a new teacher.

Under the current 3-percent-at-50 plan, firefighters who retire at age 50 can get 3 percent of their highest salary times the number of years they have worked for the city. City officials have said that in Carlsbad, the average firefighter or police officer typically retires at age 55 and has 28 years of service with the city. Using the 3 percent salary calculation, that person would receive an annual city pension of $76,440.

The new retirement plan calls for a 2-percent-at-50 arrangement for firefighters hired on or after Oct. 4, 2010. The benefit increases for firefighters who work longer, with the maximum being 2.7 percent at age 55. The retirement benefit is calculated using an average of the employee’s salary for the highest consecutive 36 months of employment, rather than the highest consecutive 12-month period.

Under state law, the council can only change benefits for new hires ---- it can't remove benefits from existing employees.

The council also will put a measure on the November ballot amending the city's charter so that the 2 percent plan cannot be increased without voter approval. That measure would require a simple majority to pass.

In addition to the pension plan changes, the contract approved Tuesday contains provisions that increase the annual contributions that firefighters make into the state pension system. Currently, the firefighters pay 1 percent of their salaries into the system each year, and the city picks up remainder of the 9 percent "employee" portion of the costs. The new contract calls for firefighters to pay the full 9 percent.

The contract also calls for no salary increases in 2010.

The changes are expected to save the city $780,000 a year initially. That figure doesn't include the eventual 2-percent-at-50 retirement plan savings, which will occur as the new firefighters retire decades from now.

In the "olive branch" offer that firefighters made in late April, they proposed two alternatives. The first called for a two-year contract with both the 2-percent-at-50 pension proposal and the requirement that the firefighters pay the full 9 percent annual contribution to state retirement plan. That proposal also included a 5 percent raise for firefighters and a provision that the council would not place the pension issue on the November ballot.

The second proposal called for a one-year contract. It didn't ban the ballot measure, but declared that it would apply to all city employees and would restrict both increases and decreases in various benefits without voter approval.

As the city embarks on a new relationship with its firefighters, the association that represents them is going through some changes of its own. The group's President Rick Fisher resigned Sunday, and Vice President Ken Sugahara has taken the job. Fisher couldn't be reached for comment Tuesday. Lawrence, the new vice president, said Fisher decided on his own to resign and was not removed from the office by a vote of the members.

Call staff writer Barbara Henry at 760-901-4072.

CLARIFICATION: Carlsbad pension benefit can increase

This story has been modified to reflect that the 2-percent-at-50 retirement benefit can increase if the employees remain in their job beyond age 50. The maximum benefit is 2.7 percent at age 55. The retirement benefit is calculated using an average of the employee’s salary for the highest consecutive 36 months of employment, rather than the highest consecutive 12-month period.

PORAC

CHAPTER MINUTES

Tuesday, April 20, 2010

The April chapter meeting was held at The Vineyard Inn in Lemoore. Chapter President

James Bewley called the meeting to order at 1900 hrs. After self-introductions, Steve Rossi led us in the pledge of allegiance. There was a moment of silence for those officers killed in the line of duty.

Approval of Minutes: President Bewley asked for a motion to approve the minutes of the March 16, 2010 chapter meeting as submitted.

Upon a motion duly made by Jim Henderson, second by Jacky Parks, to approve

The minutes of the March 16, 2010 as submitted. The motion carried.

Financial Report: Treasurer Mike Cavallero reported the balance in the chapter checking account as of March 31, 2010 was $6,519.82. The chapter financial report for the first quarter of 2010 has been submitted to PORAC and we are awaiting our chapter reimbursement check.

Director’s Report: Jacky Parks reported on PORAC’s recent lobbying trip to Washington, DC. They met with Congressmen Dennis Cardoza, George Radanovich, Jim Costa, Devin Nunes and Dan Lungren. Parks reviewed the bills they lobbied for when they met with our congressmen. In addition to COPS and Byrne JAG funding, they addressed HR 235, the Social Security Fairness Act.

James Bewley reported the Executive Committee met on April 12^th prior to Symposium. PORAC will be working closely with POST’s Learning Technology Resources Advisory Council on their training videos and internet courses. Membership has increased by approximately 1,000 members. Bewley reported that PORAC is accepting applications for the new LDF Plan V for RAM (and those retirees who maintain full PORAC membership through their associations) and the plan will go into effect as soon as PORAC has received 1,000 applications.

Legislative Report: The legislative report was covered in the Director’s Report.

PAC Report: PAC Rep James Watson reported on the balances available in the chapter PAC and PIC accounts. Fresno POA will hold interviews for various city, county and state races on April 21^st and April 28^th. He also advised PORAC will hold its annual Legislative Day in Sacramento on Wednesday, May 5^th and asked to attend on behalf of the chapter.

Watson introduced Justin White, candidate for Madera County Board of Supervisors District 2. White told us about his background and that he currently sits on the Chowchilla City Council. He said his major concerns are jobs and water issues, fiscal responsibility and public safety. He has been endorsed by the Chowchilla POA and the Madera DSA. He asked for our support. After his presentation, Bewley asked White to stet out of the meeting. There was brief discussion during which Scott Jackson and Mike Motz spoke highly of Justin White and asked that the chapter endorse him.

Upon a motion duly made by Scott Jackson, second by Jacky Parks, that the

Chapter endorse Justin White for Madera County Board of Supervisors District 2. The motion carried.

Chapter Minutes – 04/20/10

Upon a motion duly by Scott Jackson, second by Eric Schmidt, that the chapter

Donate $1,500 from the chapter PAC to Justin White’s campaign. The motion

Carried.

White was invited backing into the meeting and Bewley told him about the chapter endorsement and donation to his campaign. White thanked us for our endorsement and support.

Phil Wyman, Republican candidate for the 16^th SD, made an unannounced appearance at the chapter meeting. He made a rambling presentation to the chapter, and then left the meeting.

Jacky Parks recommended the chapter send PAC Rep Jim Watson to Sacramento for PORAC’s Legislative Day on May 5^th, the full board meeting on May 6^th and the State POM on May and that the chapter cover his expenses.

Upon a motion duly made by Jacky Parks, second by Steve Rossi, that the Chapter cover expenses to send PAC Rep Jim Watson to Legislative Day, the Board meeting and the State POM in Sacramento from May 5 – May 7, 2010.

The motion carried.

LDF Report: Trustee Andy Schlenker was unable to attend the meeting but a report was sent by e-mail by LDF Administrator Ed Fishman. The report covered several criminal, civil and administrative cases that LDF is dealing with including an update on the BART shooting case. Membership as of February 28^th is approaching 86,000 members and there are now 876 associations in the LDF Trust.

I & B Report: Trustee Tom Sigley was unable to attend the meeting but sent a written report. The IBT met on March 31^st in Sacramento. The trustees discussed the Blue Cross rates for 2011, the trust’s investment policy and finalized the trust agreement with PORAC. They are still working on the upgrade for membership and claims software with the consultant.

There were no vendors present. Cavallero reported he received an e-mail from Beth Smith advising she has accepted another position in AFLAC and will no longer be the chapter representative. Cavallero has spoken with Anna Reed, who said she is working to find another AFLAC representative for our chapter.

RMT Report: Trustee Bill Harbottle was unable to attend the meeting but sent a written report. The RMT is finalizing the merger with Northern California Trust and that will bring Calaveras County DSA into the trust from Region II. They are still looking at hiring a consultant who would be in charge of contacting associations about the RMT.

RAM Report: Mike Cavallero reported RAM membership continues to increase, especially now that LDF’s Plan V is available. As soon as 1,000 retirees sign up for

Chapter Minutes – 04/20/10

Plan V, the plan will be activated. The RAM Committee will meet on Saturday, May 8^th in Sacramento at PORAC HQ.

Association Reports:

Clovis POA: John Willow said the city is claiming a $3 million budget shortfall for FY10-11. Currently department staffing is down to 92 officers from a high last year of 118. They are also carrying 10 officers on long term absences.

Madera DSA: Mike Motz reported they began negotiations on April 19^th. The county is asking for concessions. They are discussing a 16 hour furlough as well as changes in the H & W plan.

Reedley POA: Ray Camacho said they will have their first meeting with the city on April 21^st. Currently the department is authorized 33 officers but they are carrying 6 vacancies. They do not know what concessions the city may ask for but it is likely to include a pay decrease.

Fresno DAIA: Randy Waltz said their MOU was approved by the Board of Supervisors last month with several minor concessions. However, there have been significant fiscal cuts which have resulted in the elimination of various programs such as the Child Abduction Unit. Like all law enforcement agencies, they are being asked to do more with less.

Lemoore POA: Jim Chaney reported Steve Rossi has been promoted Commander. The association is looking forward to working with new leadership that has come from within the department.

Hanford POA: Dean Hoover said they will begin negotiations soon. The city claims to have a budget shortfall that ranges from $750 thousand to $2 million. They are looking for representation in negotiations.

Fresno DSA: Eric Schmidt reported they continue to deal with significant budget. They will be interviewing the candidates for Fresno County Assessor – Recorder.

Fresno POA: Jacky Parks said the city is looking at a deficit of $30 – $34 million and will probably law off approximately 300 employees by July 1^st with between 50 and 58 being civilian employees from the PD. The FPOA has been in informal talks with the city. There will be three general membership meetings on April 26^th where an informal proposal will be presented. If approved by the members (and the city council), it would save the city between $3 and $3.5 million in FY10-11. The H&W premium will increase by $182 per month beginning July 1, 2010 (from $729 to $911). The city pays 80% and the members pay 20%. FPOA has endorsed Tom Berryhill for the 14^th SD. He concluded his report with a brief overview of the recent Big 50 Seminar held at Harvard.

Chapter Minutes – 04/20/10

Fresno Sheriff Sergeants Association: Kevin Smith said they, too, are dealing with the county’s budget issues.

Old Business: None

New Business: None

The next chapter meeting will be on Tuesday, May 18, 2010 in Merced. The location will be in the meeting notice.

President Bewley adjourned the meeting at 2120 hrs.

State Issues

Two-tiered pension plan for most Santa Rosa city workers
Citing the city's dire financial condition, the Santa Rosa city council on Tuesday voted 6-0 to establish a two-tiered pension system for all of its workforce except police and firefighters. Over the objections of a handful of maintenance and utility workers and their union representatives, the council imposed the cheaper pension scheme on new maintenance workers.

S.F. police, fire agree to forgo pay raises

San Francisco police and firefighter union officials reached tentative deals to forgo pay raises as budget deficit, officials said. The firefighters' agreement calls for union members to give up at least Mayor Gavin Newsom seeks concessions from all city workers to help bridge a historic 8 percent in planned wage increases over the next two years, which will save more than $18.5 million in base wage and overtime costs over that period, said Martin Gran, head contract negotiator with the Department of Human Resources. Details of the tentative deal with the Police Officers Association were not immediately available, but officials said it was similar to the firefighters' pact.

Man gets 40 to life for shooting LAPD officer
A man has been sentenced to 40 years to life in prison for shooting and wounding a Los Angeles police officer in 2008. Prosecutors say 30-year-old Samuel Jackson got the maximum sentence in Superior Court Monday for shooting Officer Owen Berger. Berger was shot in the wrist and in the chest when his partner responded to an early-morning incident in Watts in November 2008. Police officials say the bullet-resistant vest he was wearing saved his life. Jackson was found guilty on May 6 of premeditated attempted murder, assault on a peace officer with a semiautomatic firearm and possession of a firearm by a felon.

Police: Ohio man, son killed Ark. officers
An Ohio man's resentment of authority and run-ins with the law prompted a local sheriff to warn that he may be dangerous if confronted by law enforcement. Years later, it appears the sheriff was right. Authorities said Friday that 45-year-old Jerry Kane Jr. of Forest, Ohio, and his teenage son Joseph Kane fatally shot two Arkansas police officers during a traffic stop Thursday in West Memphis. Father and son were later killed in a shootout. Jerry Kane publicly questioned the government's authority and had a long history with police. Sheriff Gene Kelly in Ohio's Clark County says he warned law enforcement about Kane in July 2004, after Kane complained that a judge "enslaved" him when he was sentenced to six days of community service for traffic violations.

California bill targeting molesters would cost millions
A state corrections department analysis of a bill being considered by California lawmakers has found that mandating life sentences for some child molesters and lifetime parole for others would cost tens of millions of dollars annually after the first decade. The nonpartisan Legislative Analyst puts the ultimate tab at hundreds of millions of dollars each year, some of it to build new cells for sex offenders serving longer terms. The projections come as an Assembly committee prepares to consider on Friday whether the state can afford the bill introduced after a paroled sex offender's rape and murder of two Southern California teenagers.

Schwarzenegger's proposal on prison healthcare draws criticism
Gov. Arnold Schwarzenegger's proposal for the University of California and its medical schools to manage healthcare for the state's prison inmates, including via the Internet, received significant criticism at a hearing before the university's regents. Leaders of the union that represents current prison doctors were the most vocal opponents, warning that UC medical staff would face frequently violent patients, higher-than-expected costs and malpractice lawsuits challenging long-distance online diagnoses.

In Closing

I would like to thank the members who took the time to vote for your elected Executive Board and your Board of Directors representing you all as members of the Fresno Deputy Sheriff’s Association.

Electing me as your President, humbles me once again to represent you all to the best of my abilities. I have heard a lot of positives from the membership and community in regards to the job performance I have been giving towards the FDSA. However there is more to build on here at the FDSA. There are many more arenas we need to be involved in so everybody knows what we as Deputy Sheriffs, Dispatchers, CSO’s, ID Techs, Criminalists and Coroners do day in and day out.

The public is very supportive of this department and I plan on building on that support for all of you, to not only make out jobs easier, but give us an untouchable-type of reputation we all deserve. Nobody disagrees; it takes a certain person to be a deputy sheriff, a certain personality, temperament, and way about them. Let me tell you, the public respects that.

Please become involved in some way or another with the FDSA. There is a lot to offer to some part of the Association. Come to a monthly meeting. We will feed you and you will see the types of things we are involved with and how each board member is contributing for you in one way or another. I think you will be impressed.

Take Care and Stay Safe

-Eric

PRESIDENT'S NEWSLETTER

May 5, 2010

President’s Comments:

Times are tough, life is getting more difficult, and people are pinching their pennies. How many times have we heard this over the last couple years? Well reality is setting in for all of us at the Sheriff’s department, if it already hasn’t. We faced a shortfall in the Sheriff’s budget in January of this year. The FDSA stepped up and helped bridge it, keeping us off the table in terms of layoffs to anyone in our association. This FY 10/11 is going to be the most difficult probably anyone has seen at the Sheriff’s Department, or presently on the Board of Supervisors. The FDSA is committed to working through this with the CAO’s office, Auditor Controller, and the Board of Supervisors. I really want to commend the Board of Supervisors for the support they have given the FDSA over time. They have proven strong supporters when it comes to the Sheriff’s department and line level public safety service for the residents in their districts.

The FDSA was organized in 1973 by a group of deputies who wanted to have a little more bargaining power with the County of Fresno. Since the inception and over time, we have developed ourselves into a powerful bargaining unit inside the County of Fresno, a leader in the Central Valley for PORAC, and a political contender with issues that are dealt with. We are here to protect jobs, period. Your board of directors has committed to that and is very diligent in showing that during the initial TOC discussions that occurred in March of 2009 and the latest round of budget cuts in January of 2010. Tough decisions to make take leadership to accomplish. I truly believe the leadership you have representing you as Deputy Sheriffs, Dispatchers, Community Service Officers, ID Techs, Criminalist and Deputy Coroners is making the correct decisions and not hasty short term ones. Be proud of who you have elected to put into those positions.

I want to commend our Baker to Vegas team for their finish in the 2010 Baker to Vegas Relay. FDSA team finished 7^th out 60 in our division, 69^th out of 253 teams overall, but the best and most bragging rights in the over one hour better score than the Fresno Police Department! Those are the bragging rights we like to bring back to Fresno. I want to thank Juan Espinoza as Team Captain and Dave Kurtze for organizing the Baker to Vegas Team for the 11^th consecutive year. I want to also thank the long list of people who volunteer their time, money and equipment to make this race successful each year. The Board of Supervisors recognized the team with a proclamation at the April 13^th meeting. We ran in honor of Wally, and considering how we finished he is smiling down on that.

I am headed to Sacramento to represent you all at the State Capital and at the State Peace Officers Memorial. I will be attending the annual PORAC Lobbying day we do each year under the PORAC umbrella. There are about 5 PORAC sponsored bills that we will be discussing and gaining support for this year. We have all been prepped by our lobbyist, Aaron Read and Randy Perry. These two guys and their staff do incredible things for PORAC members. The strategy is by bringing us in once a year to get the face time with our local state elected officials, puts the officials in the hot seat to hear it from their own local law enforcement constituents. I will have a complete report in June.

LOCAL ISSUES

Sheriff’s Budget

The Fresno County Sheriff’s Budget has been under scrutiny for the last 3 budget cycles. The Fresno County Board of Supervisors is always asking the Sheriff for transparency with her budget, and constantly challenging her numbers and where she spends her money. This issue came to light during a Board of Supervisors’ Meeting in late January 2010, when the Sheriff and her budget director, Steve Forker had to make some tough decisions when it came to where to trim 7.5 million dollars from this current service and fiscal year. A difficult task to do, however with the help of us, FDSA by starting to talk about concessions, started a movement that ultimately affected the entire department from the Sheriff down to the deputies and correctional officers she employs. The exception is Assistant Sheriff Gattie who did not participate in the additional TOC time.

During this Board of Supervisors’ meeting the Sheriff told the board to bridge her budget gap she would need to go through with layoffs of correctional staff. The County Board said “No she is not,” and that forced the Sheriff to sue the Board of Supervisors. The suit is stating the Sheriff has the right per the State Constitution to control the money in her budget as she sees fit. By doing this, she has the authority to lay off whom she see’s fit to make the budget balance at the end of the fiscal year. The Board of Supervisors voted 4-1 (Poochigian voting in favor of the Sheriff) to challenge the Sheriff in the so-called authority she claims to have. This then makes for an historic court case, where many in the Sheriff Vs Board of Supervisor world in the rest of the 58 counties are watching very closely.

Now when it comes to deleting vacant positions the BOS has the authority to do that, and can fund more positions when the Sheriff requests. Pretty cut and dried. This is a very important decision the FDSA had been following. Had the Judge ruled the opposite way, the deputy sheriff’s may have faced some serious cuts in order to keep the jail facility open. So rest assured for now, the Sheriff is going through with laying off an additional 23 Correctional Officers to make her budget whole for the FY 2009/10.

FUNDRAISING

FDSA BBQ

The FDSA BBQ’s started back up where they left off in October. The menu was the same; tri-tip, rice, beans, salad, roll and a drink for six-dollars! Not too shabby for a sit down or take out lunch. The requests during the “off-season” have been unbelievable for the BBQ’s to start back up.

I want to thank the BBQ crew; Ryan Gilbert, Kelly Mayfield, Vince Frascona, Edward Mayo, Christina Meza, Dora Papion, Tina Ortiz, Jackie Kitchens. Without the help of all of you these BBQ’s would be difficult to do. I thank you again.

Deliveries and pre-orders were very heavy this month and the portions were healthy as well.

Keep your eye out for Wednesday May 30^th 2010. The addition of all three televisions in the building puts some entertainment into the mix of all the conversation that goes on during the lunch hour. I look forward to seeing you all there again in April.

FDSA Building

There have been a few retirement parties held at the building in the month of April. Some retirement parties from two Sergeants within the Sheriff’s Department who left and had their party together. There was a party from a retired FPD motor officer held at the building as well. This building is continuing to be a very good central location for many people we have received many compliments on the restructuring of the bar, and the structure we have brought back to facilitating these events.

I want to really thank Ryan Gilbert for his leadership by taking on the challenge of getting the bar back into shape, and then taking it a step further by really getting out to the public and advertizing what we have to offer. The rentals are picking up due to putting out that we have lowered our prices to members to rent the building and also to the public as well.

FDSA APPAREL/ITEMS FOR SALE

Photos for all are now located on the FDSA website, www.fresnodsa.org Please take a look.

FDSA Polo Shirt	FDSA T-shirt S-XXL	Black compression shirts Tight fight and loose fit	4 different styles of flex-fit hats
$25.00	$15.00 each	$20.00 each	$18.00 each

Aprons	Challenge Coins	FDSA Mugs	Air Support Unit Patch
$18.00 each	$5.00	$10.00	$8.00

LABOR FRONT/BENEFITS

Labor Beat

POLITICAL ACTION COMMITTEE

-By Isaac Torres

Fresno County Board of Supervisor District 1
Phil Larson

Fresno County Board of Supervisor District 4
Judy Case

Fresno County District Attorney
Elizabeth Eagan

Fresno Sheriff
Margaret Mims

Fresno County Coroner-Public Guardian
David Hadden

Candidate for State Assembly 31st District:
Henry Perea Jr. (D)

Candidate for State Senate 16th District:
Michael Rubio (D)

Fresno Superior Court Judge:

Jim Petrucelli

California State Attorney General:

Alberto Terrico (D)

California State Insurance Commissioner

Michael Villines (R)

The FDSA's Political Action Committee has also interviewed several of the below candidates who are also running for local, state legislative, and federal legislative races. The FDSA's recommendations will be given during the May FDSA board meeting.

Candidates for Fresno County Assessor-Recorder:
Timothy Lemming

Carol Laval

Paul Dictos

Peter Filipe

Candidates for State Assembly 29th district:
Bob Whalen (R)

Linda Halderman (R)

Don McKinney (R)

Michael Esswein (D)

Candidates for State Assembly 30th district:

Fran Flores (D)

Pete Parra (D)

Stephanie Campbell (R)

David ValaDao (R)

Candidates for the U.S. House of Representatives 18th District:
Dennis Cardoza (D) (incumbent)

Michael Berryhill (R)

Candidates for the U.S. House of Representatives 19th District:
Jim Patterson (R)

Jeff Denham (R)

Richard Pombo (R)

Larry Westerlund (R)

Loraine Goodwin (D)

Les Marsden (D)

Candidates for the U.S. House of Representatives 20th District:
Jim Costa (D) (incumbent)

Steve Haze (D)

Serafin Quintanar (R)

Andy Vidak (R)

Richard Lake (R)

Candidate for the U.S. House of Representatives 21st District:

Devin Nunes (R) (incumbent running unopposed)

Pensions

Fresno Bee

EDITORIAL: CalPERS bill faces obstacles

State must put an end to the perks received by 'placement agents.'

Posted at 12:00 AM on Thursday, Apr. 15, 2010

Imagine a job that pays $25,000 a month, plus a guarantee that you would fly first class, and be chauffeured to the finest hotels. And if you landed a deal, your piece of the action would be $2.5 million, minimum.

Indeed, life is sweet for some "placement agents," the middlemen who help investment houses win business from public pension funds. Yet the time has come for California to put a lid on the sugar bowl.

To reduce the potential for kickbacks and corruption, state lawmakers must rein in these behind-the-scenes deal makers and make their dealings more transparent.

But the initial read is not good. Legislation to regulate the worst excesses of placement agents cleared a hurdle by passing the Assembly Public Employees, Retirement and Social Security Committee, but it faces more hearings. And because it changes the Political Reform Act, it must receive a two-thirds vote in both houses.

Four Democrats voted for it, the bare minimum. Assemblywoman Diane Harkey, a Republican from Laguna Nigel, voted against the bill. Assemblyman Brian Nestande, R-Palm Desert, abstained.

The bill, AB 1743, would require that placement agents register in publicly available filings, like lobbyists. Importantly, the bill would bar placement agents from collecting contingency fees based on success. California lawmakers banned contingency fees for lobbyists 60 years ago, knowing such arrangements are corrupting.

That ban faces stiff resistance from Wall Street. There are other opponents. Former Sen. Richard Polanco was in Sacramento working to weaken the bill, arguing that newer or small-scale money managers, many of them Latinos, need placement agents who receive contingent fees in order to get to pension fund managers.

Polanco certainly has a stake in the outcome. He worked with Alfred Villalobos, the former CalPERS board member who earned more than $60 million in placement agent fees. One Villalobos-Polanco contract with a Wall Street firm included the $25,000 monthly retainer, plus a 1% fee so long as they won a CalPERS commitment worth at least $250 million.

Treasurer Bill Lockyer is leading the charge on the side of transparency. Lockyer knows the bill is in trouble, but has a suggestion. If it stalls, he will push to have CalPERS and the California State Teacher Retirement System halt all business with funds that use placement agents. We commend his attitude.

The fate of AB 1743 will be a test of the Legislature's Democratic leaders, John Perez in the Assembly and Darrell Steinberg in the Senate. Will they side with well-connected placement agents that have brought disgrace upon the state's pension funds? Or will they stand behind the interests of taxpayers and honest, open government?

I included the above article to give the members an idea of what the politicians and public are looking at in regards to public safety pensions. The above article refers to CALPERS just because it is the biggest and bleeding the most.

Fresno County Retirement system is the 1937 Act. We fall under a different type of system from Calpers, but make no mistake ours is under scrutiny as well. So much that they County of Fresno has started to have informal meetings with all of labor to start round tabling a retirement reform committee.

I met with the County on Wednesday April 21 regarding this committee and some informal talks. One positive I believe that came out of the meetings, is it looks like I will be representing safety at the table of this committee. The CAO is running it, and is aspiring to appoint general citizens to it as well as county staff and labor. The biggest benefit to having the FDSA represented on this committee is we are entrenched with PORAC and other labor associations in not so much battling pension reform, but more along the lines of controlling pension reform from the safety side of it. Now I completely understand as does the county that the FDSA does represent general retirement as well. We most likely will be represented at those meetings as well.

I will keep you all in the loop in the coming months when it comes to the meetings we start to have and what the outlook of the committee is interested in dealing with. I know one issue that has already been addressed, is the retirement benefit you are currently receiving; there is no intention of reform to that at this point in time. If the information lends itself too large to just update you on the email or website, I will call a special meeting to inform all of you regarding this.

PORAC

CHAPTER MINUTES

Tuesday, March 16, 2010

The chapter meeting was held at the Cattlemens in Selma. Chapter Vice President Jim Henderson called the meeting to order at 1905 hrs. After self – introductions, Vice President Henderson led us in the pledge of allegiance. We observed a moment of silence for those officers killed in the line of duty, especially for:

Deputy Joel Wahlenmaier, Fresno County SD, EOW: February 25, 2010

Officer Javier Bejar, Reedley PD, EOW: March 1, 2010

Deputy Ken Collier, San Diego County SD, EOW: February 28, 2010.

Approval of Minutes: Vice President Henderson asked for a motion to approve the minutes from the February 16, 2010 chapter meeting.

Upon a motion duly made by James Watson, second by Eric Schmidt, to approve the minutes from the February 16, 2010 chapter meeting as submitted.

Motion carried.

Financial Report: Treasurer Mike Cavallero reported the balance in the chapter checking account at the FPDCU as of February 28, 2010 was $7,620.25.

Cavallero advised that he sent floral arrangements on behalf of the chapter to the funerals of Deputy Wahlenmaier and Officer Bejar. The cost was $119.87 for each arrangement for a total cost of $239.74. He asked for a motion to approve the expense.

Upon a motion duly made by Bill Trollinger, second by Jesus Santillan, to approve the expense of $239.74 for the floral arrangements sent to the funerals of Deputy Wahlenmaier and Officer Bejar. The motion carried.

Director’s Report: There was no report for this meeting. James Bewley (Chapter President & FDSA Directory at Large) and Jacky Parks (FPOA President & Director at Large) were in Washington DC on

PORAC’s annual federal lobbying trip. Scott Jackson (Chapter Director & Madera DSA President) was unable to attend due to a scheduling conflict.

Legislative Report: There was no report for this meeting for same reason there was no Director’s Report.

PAC Report: PAC Rep James Watson reported on the balances available in the chapter PAC/PIC accounts as February 28, 2010.

He introduced Dr. Linda Halderman, Republican candidate for the 29^th AD. She gave us background information and told us why she is running for the Assembly. She also answered questions from the members.

LDF Report: Trustee Andy Schlenker was unable to attend the meeting but he did send a written report. Secretary Cavallero presented the report which included an updates on criminal, civil and administrative cases. LDF membership is listed at 85,940 as of January 31, 2010. The LDF trustees have approved the

plan to offer retirees firearms coverage for appeal from a denial of a CCW, criminal & civil defense for discharge of a weapon in self defense and criminal defense for charges of illegal weapons possession (HR 218 issues).

LDF panel attorney Kristina Jansen, Mastagni Law Firm, reminded the members of the

Chapter Minutes – 03/16/10problems that can result from using department computers and cell phones for what is generally termed as “inappropriate” e-mails, photos, calls and texting. She also reviewed several cases.

I & B Report: Trustee Tom Sigley was unable to attend the meeting but sent a written report. The IBT has set up a sub – committee to work with a consultant from the Segal Company to set up a new computer program for the LTD plan.

Beth Smith, AFLAC for PORAC, gave an overview of the various plans that AFLAC offers PORAC members.

RMT Report: Trustee Bill Harbottle reported the RMT has over $2 million in assets. They are completing a merger with another RMT in the Bay Area. They are looking at hiring a field representative to work with local associations. At this point, no PORAC associations from Region II are in the RMT.

RAM Report: Committee member Mike Cavallero reported the RAM Committee held a conference call on February 22^nd. The new LDF plan for retirees should be ready to be offered on or around April 1^st. It will take 1,000 retired officers for the coverage to begin. The RAM Committee has tentatively scheduled a meeting for Saturday, May 8^th in Sacramento.

Association Reports:

Fresno DSA: Eric Schmidt spoke about the loss of Deputy Joel Wahlenmaier and its affect on both their department and their association. He thanked everyone, especially Fresno POA and PORAC for all of their help and support.

Fresno POA: Bill Trollinger spoke about the FPOA Companion Officer Program and the help it provided to the members of the Fresno County SD, Fresno DSA, Reedley PD and Reedley POA. He reported the city is projecting a $26.9 million shortfall for FY10-11 and the city has asked to meet informally regarding budget issues.

Hanford POA: Dean Hoover said they are in the final year of their MOU. In October 2009 the city asked the POA to postpone increases for FY09-10 until FY10-11 and also extend their current MOU for one year. The POA declined their request. They are represented by CB&M.

Mariposa DSA: Kevin Packard reported they are still working with the county on their holiday pay issue. Their current MOU expires October 31, 2010 and they should begin negotiations soon.

Reedley POA: Ray Camacho spoke about the devastating loss of Officer Bejar. He thanked everyone for all their help, especially those officers who covered patrol shifts and those dispatchers who worked in communications. He also thanked the FPOA and their companion officers for their assistance as well as PORAC. They are in the first year of a two year MOU and expect the city to ask for concessions. They are represented by Bennett & Sharpe.

Fresno County Probation MA: Gilbert Sanchez reported how the county’s budget shortfall is affecting them. They are represented by Bennett & Sharpe.

Fresno County DAIA: Larry Waggle told us that several years ago they had 85 members. Now they are down to 43 members and the county wants a 13% reduction from all county departments for FY10-11. They have been forced to close several of their units.

Livingston POA: Tyson Perry reported that as of March 1, 2010, Doug Dunford is their new chief of police. The city is facing a huge budget deficit this year. They are a 20 member department, including the chief. The POA is represented by OE3.

Selma POA: Lance Pearce advised us the POA has not had a contract in 5 years, there have been no raises and during this fiscal year, the city has furloughed officers. Their civilian staff at the PD has been reduced by 50% and they now have only 1 CSO. The city continues to face budget deficits. They are represented by Goyette & Associates.

Lemoore POA: They could not attend because their new chief, Jeff Laws, is being sworn in tonight at their city council meeting. Steve Rossi sent Mike Cavallero a written report that summarized their new MOU.

Lemoore POA has two bargaining units, one for officers and one for sergeants. This MOU is a one year deal that expires December 31, 2010. For the second year, there was no raise but there were no takeaways, either. In light of what is going on with so many other associations, they do not feel too badly about this MOU. Now that the new chief has been sworn in, the selection of a new commander, which is the second in command at Lemoore PD, will begin. He asked to convey their sympathy to Fresno DSA and Reedley POA for their tragic losses.

Clovis POA: Jim Henderson reported they have hired one new officer. There was nothing else to report. Chuck Wages spoke to the members about a fund raising opportunity for associations with the VIP Card. He explained it was a local company and their association has been using it for a while. He provided brochures and contact information for those who might be interested.

Old Business: None

New Business: Manuel Flores spoke about the Fresno County Peace Officers Memorial. This year’s event will be held on Tuesday, May 4^th at Courthouse Park in Fresno. The ceremony begins at 12:00 Noon. All chapter members are invited to attend.

Chapter Minutes – 03/16/10

Mike Cavallero suggested the chapter make a donation to the Fresno County Peace Memorial Foundation in honor Deputy Joel Wahlenmaier and Officer Javier Bejar.

Upon a motion duly made by James Watson, second by Jesus Santillan, that the chapter donate $500 to the FCPOMF in honor of Deputy Joel Wahlenmaier and Officer Javier Bejar. The motion carried unanimously.

The next chapter meeting will be on Tuesday, April 20, 2010 in Lemoore. The location will be in the meeting notice.

Vice President Jim Henderson adjourned the meeting at 8:55 PM.

State Issues

Hundreds attend public visitation for Chief Gates
Hundreds of people turned out Monday to pay final respects to former Los Angeles Police Chief Daryl F. Gates, whose casket was on display in an auditorium at the department's downtown headquarters. A white hearse ferrying Gates' wooden casket arrived at the LAPD's auditorium in the morning hours, escorted by a phalanx of motorcycle officers. When the doors to the building opened at noon, a line of a few hundred mourners snaked down to a shaded area where members of Gates' family informally received well-wishers. Inside, two white-gloved LAPD officers stood at attention on both sides of the casket, which was partially draped with a United States flag. On a pedestal nearby were Gates' badge and patrol hat, along with a red rose.

Scandals drive Democratic pension reforms
As if their rising cost to state and local governments weren't trouble enough, public pensions also face legislation cracking down on pension boosting, improperly influenced investments and real estate schemes that displace the poor. A whiff of anti-corruption cleanser, or the verbal equivalent, wafted through the Capitol this month. Bills moved to curb the "spiking" of final pay to boost pensions and regulate "placement agents" paid big fees for helping money managers get pension funds.

Unions get head start in taking on Meg Whitman
Labor unions have long accounted for the Democratic Party's ground troops in political campaigns. Their ability to reach members and get workers to the polls has been part of the reason Democrats have enjoyed such electoral success in California over the last decade. This year, spooked by the possibility of running against a multimillionaire or billionaire Republican in the governor's race, Democrat-friendly unions have started communicating their message earlier than ever. Already, 150,000 fliers have been distributed at union job sites accusing former EBay chief Meg Whitman of being bad for California workers.

In lean times, police cuts spark debate over safety
Since January; Tulsa has laid off 89 police officers, 11% of its force. That has pushed the city to the forefront of a national movement, spurred by hard times, to revamp long-held policing strategies. In the crosshairs: community-policing initiatives created over the past two decades, such as having officers work in troubled schools, attend neighborhood-watch meetings and help small-business owners address nuisance crimes like graffiti. Such efforts are popular, and some experts credit them with contributing to the steady drop in the national crime rate since 1991. But after years of expanding and taking on new duties, police chiefs say they have little choice but to retrench.

Public employee pensions under pressure
Across California, state and local leaders are moving to confront the cost of public employee retirement packages - an escalating financial burden that threatens to choke off funding for other government services. Legislation now being debated in Sacramento would curtail pension

benefits to future state employees. Elsewhere, city and county governments are looking at a variety of measures, including raising property taxes to cover shortfalls and reducing payments to retirement funds.

Whitman calls for major changes in California worker pensions
Republican candidate for governor Meg Whitman proposed a major restructuring of state worker pensions that she said would dramatically lessen the billions of dollars that cash-strapped California would be required to pay out in future years. Casting blame for the costs in part on the man she will face if she wins her party's nomination in June - former governor and current presumptive Democratic nominee Jerry Brown - Whitman said that pension liabilities are "like a train coming through the tunnel at every single Californian." She said liabilities amounted to almost $15,000 for every household in California.

Audit: Calif. wasted millions on drugs for inmates
A report says California wasted at least $13 million last year through inefficiencies in the way it delivers drugs to prison inmates. The report by David Shaw, the inspector general for the state corrections department, says many costly prescriptions are discarded because of poor inventory record-keeping. Others are lost when inmates are transferred or released from prison.

East Bay police chief calls for open-carry ban
An East Bay police chief will be in Sacramento on Wednesday to advocate for a bill that would crack down on the "open carry" movement, in which gun enthusiasts say they're exercise their Second Amendment rights and protecting their personal safety by carrying unloaded firearms in plain sight in public places. Emeryville Police Chief Ken James said he'll be representing the California Police Chiefs Association, which has thrown its support behind AB 1934, the bill being unveiled this week by Assemblywoman Lori Saldaña, D-San Diego. Saldaña amended the bill last week so that it would, subject to exceptions, make it a misdemeanor to openly carry an unloaded handgun in specified public areas. Open-carry advocates say it's a further abridgment of their Constitutional rights.

Violent parolees go unsupervised under Calif. law
More than 250 state prison inmates freed without supervised parole under a new California law were convicted of crimes considered violent or threatening, according to prison records obtained as part of an inquiry by state lawmakers. A handful are sex offenders. Gov. Arnold Schwarzenegger and state corrections officials said the law, passed last year, was designed to improve public safety by concentrating parole supervision on the most dangerous felons. Allowing those convicted of lesser offenses to go unsupervised after their release would mean fewer people being sent back to prison for parole violations, reducing the inmate population and saving the state money.

In Closing

On Wednesday April 21^st 2010, I attended a benefit dinner for Joel Wahlenmaier and Javier Bejar that was held at India’s Oven at the corner of Ashlan and Marks in Fresno. This was hosted by the East Indian Chamber of Commerce. They are somewhat of a newer organized group, but all felt they wanted to do something and contribute to the officer’s memorial funds.

The event was free to anyone who wanted to attend, however any donation was graciously accepted for those who wanted to donate. I want to thank those in attendance from the Sheriff’s Department; Sheriff Mims, Kevin Smith and his wife, Tracy Morgan and her daughter, Jasvir Mattu, and Chris Curtice. There were members from the Reedley Police Department in attendance as well, Chief Wright, Officer Cesar Gonzalez who escorted Miriam Bejar to the event.

I was asked to speak on behalf of the Wahlenmaier family and representing all the members of the FDSA. I really didn’t have anything planned to say, which isn’t too off of normal when I speak at different events and to the media. More times than not I can deal with whatever the issue may be and discuss it in an open forum or in front of the news camera. The night of this event for whatever reason, it was very difficult to get the words out. I looked out over a crowded restaurant of about 120 people, very few who I know and talk about my friend Joel and represent his family. I guess it wasn’t really until this time did it sink into me that he is not coming back and I almost became as a loss for words. However, I did get through it and the crowd was very pleased with what they heard.

I guess with everything going on in the last couple months regarding the incident and every aspect I have been dealing with, wearing two hats; one as your president representing all of you and the other as a friend of Joel had finally caught up to me. I have to accept the fact that this is real and deal with it. Maybe it is something I haven’t wanted to do up until I had to get up and almost eulogize my friend Joel Wahlenmaier. I know one thing, life is precious and we all need to live it one day at a time and enjoy it. There is no need to be negative during our days.

Stay Safe

-Eric

PRESIDENT'S NEWSLETTER

April 7, 2010

President’s Comments:

I don’t have to really explain to anyone of you how the month of March started for the Fresno Deputy Sheriff’s Association. On Wednesday March 3, 2010 we buried our fellow Deputy Sheriff Joel Wahlenmaier. I am still in somewhat of disbelief that my friend Wally will no longer physically be with us. One day we were talking about what plans we had for the future and suddenly he is gone.

We all know before day one in the police academy that this job is inherently dangerous. We then enter the police academy and it is drilled into our head that in our job, day to day could be your last. I think back to the picture I saw in the police academy of four California Highway Patrol Officer who were patrolling the Newhall area on April 6^th, 1970. George Alleyn, Walt Frago, Roger Gore, and James Pence were gunned down the evening of April 6^th, 1970. The photo I am referring to is one where all four of them lay on cold steel benches inside the morgue of Los Angeles County. All in full CHP uniform, and covered in road gravel and blood. That photograph was sizzled into my mind ever since the day I saw it.

I then fast forward to Thursday February 25, 2010. Very similar image I am seeing, although this time not in a photograph, but of my good friend Wally. The feeling I had that day was one I have never felt before. It was a sense of nausea and shock. Very surreal still to this day for me to reflect back on that.

I gave numerous interviews that week regarding the incident in Minkler. The media was very understanding and non intrusive to the FDSA, and all its members. Something that came up during these interviews is that is seems the Fresno Sheriff’s Office has had a dark cloud looming over its head for the last 13 years. Very interesting one would think to ask that question, or make a statement like that. I never thought of it that way. Since I have been with the Sheriff’s Office, I have attended funerals for Jeff Isaac, Erik Telen, Dennis Phelps, Josh Lancaster and Joel Wahlenmaier. Those are on duty deaths that have occurred since I have worked here. I have also attended funerals for Keith Gray, Aaron Kilner, and Michael Thobe. Eight people have died in this department, whom I have worked with and shared many memories with. The one thing I have always said, was whether it was the first or the most recent deputy sheriff funeral I attend, they do not get easier, scripted, or routine.

We take for granted when we come to work it becomes very routine. To a certain extent it does in fact feel like that. And then take the five on-duty deaths I have talked about above. Each one of them was doing a very routine part of their job when they paid the ultimate price.

My message in this all is prepare yourself for that bad day. Take care of yourself each and everyday and live life to the fullest, because running routine may change your life forever.

LOCAL ISSUES

Sheriff’s Budget

The Fresno County Sheriff’s Budget has been one of scrutiny for the last 3 budget cycles. The Fresno County Board of Supervisors is always asking the Sheriff for transparency with her budget, and constantly challenging her numbers and where she spends her money. This issue came to light during a Board of Supervisors’ Meeting in late January 2010, when the Sheriff and her budget director, Steve Forker had to make some tough decisions when it came to where to trim 7.5 million dollars from this current service and fiscal year. A difficult task to do, however the help was aided by the FDSA by a concession starting movement that ultimately affected the entire department from the Sheriff down to the deputies and correctional officers she employees. The exception is Assistant Sheriff Gattie who did not participate in the additional TOC time.

During this Board of Supervisors’ meeting the Sheriff told the board to bridge her budget gap she would need to go through with layoffs of correctional staff. The County Board said “no she is not,” and that forced the Sheriff to sue the Board of Supervisors. The suit is stating the Sheriff has the right per the State Constitution to control the money in her budget as she sees fit. By doing this, she has the authority to lay off whom she see’s fit to make the budget balance at the end of the fiscal year. The Board of Supervisors voted 4-1 (Poochigian voting in favor of the Sheriff) to challenge the Sheriff in the so-called authority she claims to have. This then makes for an historic court case, where many in the Sheriff vs Board of Supervisor world in the rest of the 58 counties are watching very closely.

On Friday, March 26, 2010 the court did not rule in the case but stated that this is more of a power struggle between the Board of Supervisors and the Sheriff. What can one elected official do to the other. The Sheriff is claiming the BOS can give her a budget and she can manage it as she sees fit. The BOS is saying they have the right to say where the Sheriff can spend her money. I truly think in the end the Sheriff will prevail on this issue and prove to the BOS and voters she has certain authorities given to her.

Now when it comes to deleting vacant positions the BOS has the authority to do that, and can fund more positions when the Sheriff requests. Pretty cut and dry. This is a very important decision the FDSA had been following. Had the Judge ruled the opposite way, the deputy sheriff’s may have faced some serious cuts in order to keep the jail facility open. So rest assured for now, the Sheriff is going through with laying off an additional 23 Correctional Officers to make her budget whole for the FY 2009/10.

FUNDRAISING

FDSA BBQ

I want to thank the BBQ crew; Ryan Gilbert, Kelly Mayfield, Vince Frascona, Edward Mayo, Christina Meza, Dora Papion, Tina Ortiz. Without the help of all of you these BBQ’s would be difficult to do. I thank you again.

Again we sold out for this month. Deliveries and pre-orders were very heavy this month and the portions were healthy as well.

Keep your eye out for Wednesday April 28^th 2010. The addition of all three televisions in the building puts some entertainment into the mix of all the conversation that goes on during the lunch hour. I look forward to seeing you all there again in April.

FDSA Building

The building has been rented for the typical monthly meetings that other county departments hold. The building has been rented out on several different occasions, for retirement parties and other luncheons and fundraisers.

We want to start doing some upgrades/upkeep to spruce it up. Some ideas have been replacement of the carpet on the main floor and near the bar. Some upgrades to the

kitchen in order to make things more user friendly. Give us some ideas you may have, or thought of over time to help with this process. Nothing will happen over night, just some ideas that have been tossed around over the past couple months. We did upgrade all of the bar stools around the entire bar, total of 10, to ensure the reliability and sturdiness so nobody falls off!!

UFC fight night was Saturday March 27, 2010. Very good turn out for those who wanted to watch UFC, while eating and drinking for free. All in the name of good fun and a thank you for your support of the FDSA. Stay turned for more UFC fights and other entertainment events that will start to pop up during the upcoming year.

FDSA APPAREL/ITEMS FOR SALE

Photos for all are now located on the FDSA Website www.FresnoDSA.org Please take a look:

FDSA Polo Shirt

$25.00

Flex Fit Hats (4 Different Styles)

$18.00

Challenge Coins

$5.00

FDSA t-shirt S-XXL

$15.00

Aprons

$18.00

FDSA Mugs

$10.00

Black compression shirts

Tight and Loose fit

$20.00

Air Support Unit Patch

$8.00

LABOR FRONT/BENEFITS

Retirement Benefits with the County Fresno

*****I posted this notice the proceeding month, and am going to leave it up for an additional month while adding some further information that came out of a recent board of supervisor meeting in regards to Fresno County Retirement. *******

FDSA has been noticed on Friday, February 5, 2010 regarding the retirement Actuarial Recommendations by the Fresno County Retirement Board. The retirement system is fund status is evaluated every year based on a June 30^th, effective date. The purpose of the analysis is to evaluate the solvency of the fund and determine the contributions required by plan members and the participating employer for the upcoming fiscal year.

On January 20 2010 the Board of Retirement accepted the final actuarial valuation report as of June 30, 2009 prepared by Segal Company. Based on the actuarial valuation report, the recommended employee rates are as follows;

Current Recommended Aggregate

Aggregate Rate Aggregate Rate Increase/Decrease

General Tier 1: 7.88% 7.84% -.04%

General Tier 2 5.46% 5.55% +.09%

General Tier 3: 6.07% 6.08% +.01%

Safety Tier 1: 9.70% 9.67% -.03%

Safety Tier 2: 8.39% 8.46% +.07%

So as you can see, depending which Retirement Tier you fall under, you may either have a small decrease, or small increase. Remember the split for retirement contribution are 75% employer (Fresno County) and 25% employee (You). However with that said, the employee contribution percentage under the 1937 Act Retirement System which the County of Fresno participates in cannot exceed 11%.

At the Fresno County Board of Supervisor Meeting on Tuesday March 23, 2010 there was a lengthy discussion between all five board members in regards to a presentation given by Roberto Pena, the Fresno County Retirement Board Director.

The bottom line discussion was how the retirement system, through county contributions is going to cost the county about $16.6 million dollars more this current fiscal year (FY10/11). A lot of the Supervisors were asking how this is occurring and how they can fix it. All were told, based on increased cost, with age of employees, and slumping economy due to stock market and trying to maintain a cartage percentage (over 80% funded) the county rates would need to be increased to keep up the fund.

In a 17 month period, starting in 2007 through the middle of 2009 the Fresno County retirement fund, lost approximately $1 billon dollars in revenue, a third of its fund balance. Currently that gap has recovered somewhat where the retirement fund currently at about $2.70 million. So the recovery is there, but still lagging behind a bit from where it needs to be.

With all that said there was a lot of conversation in regards to restructing the retirement fund, which has to occur through collective bargaining. I foresee this being a topic for us during the next round of negotiations. Fortunately I have been watching what the agencies under the PERS retirement system have been doing in the last 20 months. I am very well aware of Fresno County’s intentions.

Labor Beat

POLITICAL ACTION COMMITTEE

POLITICAL FRONT

On Friday, March 12, 2010 at 1700 hrs, if you were running for any elected office in the State of California you needed to have your money paid and paperwork turned in to be on the Primary ballot for June 8, 2010.

Sheriff Mims had all of her paperwork turned in before the deadline and entered her race unopposed for this election cycle. I will say congratulations right now to Sheriff Mims on her re-election to the Office of Sheriff, Fresno County.

District Attorney Elizabeth Egan and Fresno County Coroner Dr. David Hadden, both running unopposed. I will congratulate both as well.

The FDSA voted to support all three of the above-mentioned in October 2009.

Some City Council races we may endorse, and others we may stay out of until the primary passes to see who moves on to the general election in November 2010. The State and Federal races the same as well. I will have a complete updated list next month on the candidate, what they are running for and who the FDSA is endorsing for the spot.

Pensions

Their decisions, part of the complex calculus of California politics, are the death knell for the initiative drafted the California Foundation for Fiscal Responsibility. The Citrus Heights-based group had courted both the governor and the former eBay CEO.

"The governor felt he'd be a hindrance to us," said Marcia Fritz, president of the Citrus Heights-based foundation. "Meg is not supporting us. That's pretty much it."

The foundation qualified the measure for signature collection late last year, thinking Schwarzenegger or Whitman would lend a hand, maybe even write a few checks.

Fritz estimated it would take $2 million to collect the nearly 700,000 valid signatures needed by a June 14 deadline to get the measure before voters in November.

It seemed like the right time. Schwarzenegger has made cutting pension costs a centerpiece of his administration's final-year agenda. Whitman's campaign talking points include making deep cuts to the size and cost of the state work force.

"This is a deal we can no longer afford," she said, referring to state worker pensions during a November campaign Q&A with the Sacramento Republican Party. "New civil servants have to come in under a different deal."

But political consultants from both major parties said Republicans were worried such a measure simply would mobilize public employee unions and bring more liberal voters to the polls in November, when Whitman hopes to be her party's nominee for governor.

Fritz didn't name Whitman but said, "Certain people didn't want this on the ballot with them. We got torpedoed. … We were led to believe we'd have supporters and they withdrew – win at all costs."

Calls to the Whitman campaign seeking comment were not returned Tuesday.

Bill Carrick, a long-time Democratic political adviser, said Whitman, who has spent $39 million of her own cash on her campaign run, likely isn't interested in helping finance a measure that would galvanize unions against it.

"Instead of inspiring fiscal conservatives to the polls, you inspire unions and public employees to the polls," he said.

Republican political consultant Ray McNally said that after thinking it over, "Everybody took a breath and decided to stand down."

If the measure had reached the ballot it would have triggered Armageddon with government labor, McNally said. "Public employee unions might have put forth their own initiatives, some of them punitive, like tax increases on business."

The pension measure would have inflamed labor, he said, and helped them organize for the election, "but it's not going to inflame most voters. People don't get out of bed in the morning and say, 'My God, we've got to sock it to the cops.' "

The foundation's measure aimed to reduce benefits for state, local, county and regional government workers hired after July 1, 2011. For example, peace officers and firefighters now can retire at 3 percent of their annual pay multiplied by their years of service at age 50. The initiative would have cut that to 2.3 percent at age 58 for new hires.

Fritz estimated the new arrangement would have saved the state a total $14 billion over its first six years.

Schwarzenegger political adviser Adam Mendelssohn said the governor met with Fritz's group and supports its aims. But the governor believes pension reform can be handled legislatively and that other initiatives – especially the water bond and open primary measure – need his full attention and fundraising power.

"What he's not going to do is single-handedly raise all the money" for a pension-reform initiative push, Mendelssohn said.

The issue isn't dead, however. Fritz predicted her group will come back with a tougher measure that replaces defined benefit pensions for new hires with a 401(k)-type defined contribution plan now prevalent in the private sector.

"A lot of people have said, 'What you have here is still too generous,' " Fritz said.

PORAC

I am going to start including the minutes from the prior months meeting in the newsletter, so all of you are aware as to what is going on at the PORAC Central Cal Chapter Meetings. These are minutes taken and drafted by Mike Cavallero

CHAPTER MINUTES

Tuesday, February 16, 2010

The chapter meeting was held at Salsa’s Mexican Grill in Clovis. Chapter President James Bewley called the meeting to order at 1900 hrs. After self introductions, Judge Jim Petrucelli led us in the pledge of allegiance. There was a moment of silence for those officers killed in the line of duty.

Approval of Minutes: President Bewley asked for a motion to approve the minutes from the January 19, 2010 chapter meeting. Secretary Mike Cavallero advised of a correction in those minutes.

Upon a motion duly made by Jacky Parks, second by Mike Harris, to approve the minutes of the January 19, 2010 chapter minutes as corrected. Motion carried.

Financial Report: Treasurer Mike Cavallero reported the balance in the chapter checking account at Bank of the West as of January 31, 2010 was $6,491.00. The balance in the chapter checking account at the FPDCU as of January 31, 2010 was

$339.10. The Bank of the West checking account was closed on February 11, 2010 and the balance of $6,491.00 was transferred to the FPDCU checking account on the same day.

Director’s Report: President Bewley provided a summary of the Executive Committee meeting held in Sacramento on January 8^th. Membership is up by 300 but will probably level off this year because the economic downturn will keep departments from hiring new officers.

Legislative Report: Jacky Parks updated the members on several legislative issues including the ongoing battle over court funding.

PAC Report: PAC Rep James Watson reported on the balances in our chapter PAC & PIC accounts. He provided an overview of State Senate and Assembly races that affect our chapter. For our local elections, he will be working with our member associations on joint interviews.

Watson introduced Judge Jim Petrucelli who has served two terms and is seeking re-election. Judge Petrucelli provided background information and spoke about his service while on the bench. He asked for our endorsement.

Watson next introduced Don McKinney who is running for the 29^th AD, currently held by Mike Villines who is termed out. McKinney, a Republican and rancher from Madera County, gave us background information, told us why his running for the Assembly and what he would try to accomplish if elected.

Jacky Parks told the chapter about a fundraiser that Alberto Torrico, PORAC endorsed candidate for AG, is holding in Fresno on February 23^rd and suggested the chapter become a sponsor of the event by donating $500 to the fundraiser.

Upon a motion duly made by Jacky Parks, second by Eric Schmidt, that the chapter donate $500 to the Torrico fundraiser being held in Fresno on February 23, 2010. Motion carried.

President Bewley asked Judge Petrucelli to step out of the meeting. He recommended the chapter endorse Judge Petrucelli for re-election and make a donation to his campaign.

Chapter Minutes – 02/16/10

Upon a motion duly made by Jacky Parks, second by John Willow, that the chapter endorse Judge Jim Petrucelli for re-election to the Fresno County Superior Court. Motion carried.

Upon a motion duly made by Jacky Parks, second by Eric Schmidt, that thechapter donate $500 from its PAC fund to Judge Petrucelli’s campaign. Motion carried.

Judge Petrucelli returned to the meeting after they motions were passed and President Bewley advised him of our endorsement and donation to his campaign. Judge Petrucelli thanked the chapter for both the endorsement and donation.

LDF Report: Andy Schlenker reviewed a number of criminal and civil cases. He gave a report on the status of the new LDF/CCW plan for retired officers and answered several questions from the members about the plan.

I & B Report: Tom Sigley reported on the RFP recently done for the LTD Plan. Standard Insurance will continue to be the carrier and Myers – Stevens & Toohey are still the broker for the plan. ReliaStar/ING is the new carried for the AD&D Plan.

Cindie Kiesz, California Casualty told us there has been a 6.5% statewide decrease in auto policy rates. Identity Theft coverage has been automatically added to all existing policies at no cost. She also spoke about the Fallen Hero benefit they offer.

RMT Report: Bill Harbottle was unable to attend and there was no report.

RAM Report: Mike Cavallero reported the RAM Committee will hold a conference call on March 22^nd to discuss various issues. All retirees are anxiously awaiting the LDF/CCW plan for retired officers.

Association Reports:

Fresno DSA: Eric Schmidt reported on concessions they made to help the budget deficit in the Sheriff’s Department. They accepted a 40 hour furlough between now and June 30, 2010 and gave up $500 in uniform allowances. They have extended their MOU to December 31, 2010. The FDSA has added 105 retired members to their association.

The Deputy David Graves Memorial Highway dedication has been moved to Hwy 41 & Audubon but the date & time are the same. The FDSA has endorsed Mike Rubio for the 16^th SD and Jim Petrucelli for re-election as Fresno County Superior Court Judge. They have also interviewed candidates in various local races.

Clovis POA: John Willow had nothing new to report.

Fresno POA: Jacky Parks spoke briefly about an early retirement plan the city is offering in an effort to ease their budget shortfall. FPOA has endorsed one of their own, Oliver

Chapter Minutes – 02/16/10

Baines, for Fresno City Council in District 3. He spoke earlier this evening at Baines’ campaign kickoff fundraiser. On February 5^th the FPOA had its first meet & confer with the city on the Office of Independent Review (OIR). A second meeting has been scheduled for March 5^th. Fresno has an new city manager, Mark Scott, who will assume his duties on April 13^th. Bruce Rudd will be the interim city manager. The FPOA’s Annual Memorial Golf Tournament will be held on April 9^th at Fig Garden Golf Club.

Merced POA: Joe Deliman gave us an overview of the MOU they signed recently and said they have agreed to suspend their step raises until July 1, 2010. He told us MPOA will hold their annual Stephan Gray Memorial Golf Tournament on Saturday, August 14, 2010 at the Rancho Del Rey golf course in Atwater.

Lemoore POA: Steve Rossi spoke about the concessions they made in their pending MOU. The city has drafted the language and they are reviewing it. Interim Chief Jeff Laws should be appointed permanently some time in March.

Selma POA: Lance Pearce reported the city is forecasting significant budget issues which will adversely affect their ongoing negotiations.

Tulare DSA: Rob Moore said they were coming to the end of a three year MOU on June 30, 2010. He invited our members to play in a fundraiser golf tournament being held on March 26^th to help re-elect Tulare Sheriff Bill Wittman.

Old Business: None

New Business: Mike Cavallero said the chapter has been asked to donate $500 to the FPOA Memorial Golf Tournament. The donation would include a tee sponsorship, recognition of the chapter on the awards board and in the program and two chapter members would be invited to play in the tournament. The chapter has supported this event in the past.

Upon a motion duly made by Jesus Santillan, second by Pat Mundy, that the chapter donate $500 to the Fresno POA Annual Memorial Golf Tournament to be held on April 9, 2010 at the Fig Garden Golf Course. Motion carried.

Chapter members Steve Rossi (Lemoore POA) and Jesus Santillan (Clovis POA) were designated to represent the chapter in the tournament.

Good & Welfare: Jacky Parks told us he had spoke with PORAC VP Mike Durant who asked him to remind all of our members to call him (Durant) if we have any questions or concerns about PORAC.

He also suggested we read an editorial in today’s Fresno Bee titled: “Cities and State Squabble over Traffic Fines.” Apparently some cities are having officers issue city traffic tickets that allow them to collect all of the fine with no money going to the state, the county, courts and various other government funds. The editorial makes several interesting and logical points (a pleasant surprise from the Fresno Bee!).

Chapter Minutes – 02/16/10

The next meeting will be on Tuesday, March 16, 2010 in Selma at the Cattlemens.

President Bewley adjourned the meeting at 2100 hrs.

State Issues

Calif. pension fund seeks to boost its influence
The board of California's giant public pension fund voted to remove the limit on the number of shareholder proposals it can issue to companies in its portfolio. Lifting the number of proposals its board can file each year means the fund's influence is likely to grow among publicly traded companies. The California Public Employees Retirement System, which holds about $200 billion in investments, is the nation's largest public pension fund. In the past, its board has pressured companies to make changes to executive compensation and to increase what it considers to be socially responsible investing.

Hot pursuit: Competition heats up for police cars
Ford Motor Co. wants to remain the top gun in the U.S. police car market with a new cruiser due out next year, but its competitors are in hot pursuit. Ford revealed its new Police Interceptor sedan Friday. The car, based on the Ford Taurus, will replace the Crown Victoria-based cruiser at the end of 2011. It's not a car for the faint of heart. The Police Interceptor has anti-stab plates built into the front seats to protect occupants from attacks, vinyl rear seats and floors that can be hosed down and available bulletproof doors. It's built to withstand a 75-mile-per-hour rear crash.

State unable to gauge effectiveness of prison rehab
Last January, the California Department of Corrections unveiled an overhaul of parole and rehabilitation programs to satisfy a court order to drastically reduce the inmate population. Prison officials said the changes would prevent thousands of convicts from returning to prison, in part by "streamlining" rehabilitation programs "that are proven to reduce recidivism." The plan has stoked controversy for granting early release to a small number of "low risk" inmates and freeing them from traditional parole supervision. While more inmates are likely to be released in the short-term, there's now growing concern about whether they'll have the tools to stay out of prison.

L.A. County jails releasing some inmates early
Los Angeles County is so broke that the sheriff is cutting costs by releasing hundreds of inmates from county jails early. Over the past three months, more than 350 inmates from the nation's largest county jail have been handed what amounts to a get-out-of-jail-free card. Anthony Vargas left the county's twin-tower jail downtown after serving half the time he was supposed to for commercial burglary and forging a prescription. "It's called day-for-day," Vargas says. "Every day you serve in jail counts as two days."

Another Career Criminal Caught with Body Armor

By Los Angeles Police Protection League

In December, a California appellate court ruled that the 10-year-old law banning possession of body armor by anyone with a violent felony conviction was unconstitutional because the "average person" wouldn't be able to tell which types of bulletproof vests were prohibited. Scarcely two weeks after the court struck down body armor ban, the real world provided yet another example of the absolute necessity of the law.

Maybe Ezra Hooker Sr., a felon with a lengthy criminal record (19 arrests and four convictions), had heard of the decision before he led LAPD officers on a high-speed chase on several freeways on January 4, 2010. After all, during the chase he threw a sawed-off rifle out the window of his car, which he doubtlessly was aware he was prohibited from possessing. He was likely fleeing police because he was also aware that (allegedly) pointing said rifle in a woman's face was a violation of the law. But with the highly publicized court ruling weeks earlier, Hooker didn't need to worry about discarding his body armor since possessing it wouldn't add to his rapidly mounting legal woes.

As we - and the dissenting judge - pointed out in our sharp criticism of the court ruling, the original law did not leave violent felons in a state of confusion about what constituted body armor.

Felons with a history of violence who are allowed to wear body armor and are possessing weapons are a lethal threat to public safety. Case in point - Ezra Hooker. Fortunately for the responding officers, Hooker discarded his weapon during the chase and was unable to put up any resistance after crashing his car into a wall. However, had things gone a little differently, officers would have been facing a violent armed felon who, by wearing body armor, would have escalated his lethality in a potential shootout.

This latest case further underscores the message that we have been hammering home the past few months - that felon parolees released early from prison pose an avoidable danger to our communities. Hooker wasn't wearing body armor because he was going to visit his mother or look for a job. He was armed and wearing body armor because he was again engaged in his chosen profession of criminal activity.

While it is troubling enough that a person with as many felony convictions as Hooker was free to drive around our streets, we see a bigger problem taking shape. Combine the invalidation of laws tailored to lessen the danger that felons can pose once they are released with the budget cuts, court orders and legislation giving felons additional "good time" credit, and we are going to see thousands of Ezra Hookers on the streets.

The California Senate has already passed SB 408, Senator Alex Padilla's urgent legislation reinstating the ban on the possession of body armor by violent felons. It is now in the Assembly's Public Safety Committee. We urge the Governor and Assembly to pass and sign Senator Padilla's bill as quickly as possible. Ezra Hooker is only the latest exhibit of the need for such a law.

In Closing

Trying to get back on our feet after facing an deputy sheriff being killed in the line of duty is always very difficult. We have memories that are triggered, as well as certain routines in our day to day lives and day to day work routine that are going to be altered. For me personally this has been very difficult, but I found it takes just making that leap, while never forgetting, but finding the way to move on so things are not constantly on my mind. I encourage all of you to do that in which ever way you find at peace with yourself to do so.

FDSA elections are just around the corner. Vice President Frascona will be announcing anyone who wishes to be on the FDSA Board of Directors is encouraged to contact any member of the current FDSA Board, or Executive Board of the FDSA. There will be at least one open seat on the current board of directors. The entire Executive Board is up again this year. My position as President is up for election, and just so I clear the air on this, I will be running again as President of your Association. We have done good things I believe in the last two years, and I would like the opportunity from the membership to continue pushing us in a positive and leadership position in this community.

Peace Officer Memorial is just around the corner. May 4^th in Fresno, Courthouse Park, and May 7^th in Sacramento. Anyone who is wishing to attend the Sacramento Memorial please get ahold of me ASAP so I can work on getting you and your vehicle up to Sacramento if you wish to be in the vehicle procession. We took about 20 deputies last year and had an enlighting time. I encourage anyone who has not been, this is a great opportunity to pay your respects to those who have made the ultimate sacrifice for us and the citizens of this great state.

Stay Safe

-Eric

PRESIDENT'S NEWSLETTER

March 3, 2010

President’s Comments:

We teach from day one, how important our (officer) safety is in the job we have chosen for ourselves. Day one of the police academy, we teach trust, trusting your partner, trusting the law enforcement underworld. We pick out certain people during our career and say, “I want that guy coming if I am ever down on the ground.” Goosebumps come over us when we hear the 11-99, or “Start me a fill,” call. There is a slight thought of concern, but we will do whatever it takes to get there to help our partner or fellow law enforcement officer who is in need of assistance. The color of the uniform at that point is irrelevant and it becomes a time of survival.

In today’s day and age of law enforcement we are up against more than the sleeved parolee, or suicidal crankster. We have gone away from the days of “get over it,” and have welcomed the days of “we will get you what you need.” The John Wayne syndrome has been replaced by hours and hours of training to put ourselves in a survivable position.

Our job causes some severe stressors on our happiness. We tend not to work as hard on our relationships, marriages, families and put big dreams on working the sweet undercover assignment or solving a homicide. We are prone to marital problems, alcoholism, and financial endeavors. All of these are a balance struggle we have between work and home life.

In today’s law enforcement underworld, there are more avenues to help us with the above mentioned things, than there are training classes for 11550 certification. There has to be a need to step up when we see our friends and/or partners heading down a road that will land them in a bad place. We are all trained investigators, and it is not difficult for us to see one of our own who is in need of help. We need to accept that being a good partner involves give our partners the support (backup) they need both on and off the job.

Having a friend with an alcohol problem used to mean giving them a ride or covering for them at work. Protection is key, as well as confidentiality. Those who are experiencing this need to step up and help for the short term, but the long term doesn’t need to be ignored. A marital problem doesn’t mean setting up marriage counseling classes, but rather letting your buddy crash at your house, until things blow over. Follow-up should be occurring to rectify the problem so it does not persist.

We are all in this together and this organization is always here to help and stand by its members. There are many resources available that many may not be aware of. We need to look out for each other because if we don’t someone else will, which could lead to job and legal problems.

Take care and stay safe………

-Eric

LOCAL ISSUES

Sheriff’s Budget

This should not be a shock to anyone as to what has occurred over the last month regarding the Sheriff’s Department’s budget, and the shortfall we face. The last and final number was $7.4 million dollars of lost revenue from the adopted FY 09-10 budget. The key phrase to remember is loss of revenue. The Sheriff has spent the allocated money in the Sheriff’s budget right at 50%, so right on target for their projections for June 30^th.

The fallout from $7.4 million dollars is significant during a mid year budget. Basically that equates to about $14-15 million if you were to start off a fresh fiscal year. Those are big numbers to try and make up during the middle of a budget year.

The quick fix is to lay people off, since a large majority of your budget goes to salary and benefits. Once the Sheriff and her staff went through the numbers and found ways to bridge part of the gap, we (the department) were left with roughly $3.9 million dollars to make up. Even holding promotions and retirements will not make up any difference at this point, due to large annual leave cash outs, and a mid-year vacancy does not build that large of a savings when it comes to salary savings.

The FDSA sat down with the Sheriff in an attempt to make up some of the ground on this deficit to avoid laying off deputies from the department. Many different things were discussed on both levels in an attempt to bridge the gap. However in the end, we discussed putting a menu of options out on the table to start brainstorming how to make up some of the gap.

During all of this, and since the FDSA has an open contract with the county currently, it would be in our best interest to wrap all of this up into an MOU. So the bargaining restarted with the County and we tried to jump start an MOU with any possible temporary concessions we may make. The County was good with this idea as long as we could ratify it with the membership. I then brought the FDSA board of directors into the bargaining circle, which I am allowed to do under our ground rules and run some of the options by the board.

The FDSA board of directors round tabled the issues for a couple hours and came up with two options they were willing to put forward to the membership. Your board of directors did an outstanding job of weighing all of the options given to them, and choosing two that have little impact to the members and benefit the Sheriff to bridge her budget gap, while still preserving the public safety service to the public.

Once the decision was made, the lobbying and bargaining continued with Labor relations and with the board of supervisors to firm up our MOU.

Dealing with Fresno County Labor Relations has been both positive and negative at the same time. Some things are a very easy fix, while others require some effort to accomplish the best deal for both sides. This County has and is currently fixated on the idea of a benefit now equals a takeaway in another part of the MOU. Although that is kind of the deal when it comes to bargaining, this County traditionally has taken it to the next level.

Like I put out in an email to all of you on January 22, 2010:

“Reaching a deal is reaching a deal in my mind. A handshake says a lot. When an agreement is made it’s a done deal pending a ratification of the membership. When the other side starts to demand language and benefit changes, or when items are slipped in at the last minute, that is not the way I do business, nor the way I would ever represent the FDSA. Talking with your bargaining team and Gary Messing, we needed to move quickly to stop the ratification and go back to the drawing board. Bargaining has been on-going and will continue into the beginning of the week.”

The County, specifically the CAO came in and attempted to cut the deal I had made with labor relations, based on the fact that he didn’t think it was worth anything to the County of Fresno, and was not getting anything out of it. We went back and forth several times explaining this is a rare type of circumstance that we are doing to try and save some jobs. Again he did not want to hear it and wanted more of your benefits.

With that said, I took the deal we presented directly to the board of supervisors, asking for their support, or at least consideration of this proposal to get us by for a year.

The Board of Supervisors approved the proposal we made on Tuesday January 26, 2010 in closed session. I really want to commend the BOS for understanding where the FDSA is coming from and the long term picture we present to the county and the Sheriff’s Department. I truly feel we are obligated to do our part when times are not good for all of us.

Ratification meetings were held at 8am, 12pm, and 530pm. The turnout was the most I have seen in any ratification since I have been with the department, and I have been at all of them. That tells me the membership is engaged as to what is going on in the department, and with the FDSA specifically.

I presented at all meetings; that took roughly an hour at each of the three meetings. The questions were all valid and I hope I cleared most everyone’s mind when I answered them. I felt I had enough information, being engaged in this situation since January 9, to answer most anything.

I wanted to stress, and I think I accomplished this feat, about what I was presenting to everyone during these meetings was Fact, not rumor. I can’t tell you how many crazy and exotic rumors I heard for the last couple weeks. My mind set was to ignore them all, since I know what the correct information is. I then have one opportunity to explain it to each and every one of you in hopes that the rumors will disappear off the table. By the number of Yes votes to the MOU I would say that was accomplished.

Feel assured you are working for at least the next year with the security of what is in your MOU. I felt that was important for all of you to be able to come to work and not stress out that we are in the middle of an open contract with no security when the Sheriff and all of public safety are walking into a budget in June that is going to be mighty challenging.

I wanted to make everyone aware, there were requests made to me during the ratification meetings that we get the message out to the local media regarding the deal that we have reached and if we did ratify to get us out there. The media has been following this story for the last couple weeks since the budget deficit was announced. The message went out as soon as I received the results. Every local news station was staged outside of the FDSA building, along with Fresno Bee. I gave them the details we agreed to and what the impacts are. You can view all of those interviews via the local station websites.

I want to give special thanks out to 2^nd Vice President Vince Frascona and FDSA Board of Director Kelly Mayfield. Both of these guys were with me at the FDSA from start to finish and really helped out a tremendous amount during the day. They took a tremendous logistic burden off of my shoulders by taking care of things here at the building, meals, drinks, phone calls, etc. I want to Thank You both for your efforts that day, it was greatly appreciated by me personally.

FUNDRAISING

FDSA BBQ

I want to thank the BBQ crew; Ryan Gilbert, Kelly Mayfield, Vince Frascona, Edward Mayo, Jackie Kitchens, Christina Meza, Christine Versola, Judy Stuart, Dora Papion, and Tina Ortiz. Without the help of all of you this would be difficult to pull off.

Again we sold out for this month. Deliveries and pre-orders were very heavy this month and the portions were healthy as well. We had Board of Supervisors Chair Judy Case join us for lunch this month, along with many staffers from the Board of Supervisor’s Office.

Keep your eye out for Wednesday February 24, 2010. The addition of all three televisions in the building puts some entertainment into the mix of all the conversation that goes on during the lunch hour. I look forward to seeing you all there again in February.

FDSA Building

We want to start doing some upgrades/upkeep to spruce it up. Some ideas have been replacement of the carpet on the main floor and near the bar. Some upgrades to the

Stay turned for more UFC fights and other entertainment events that will start to pop up during the upcoming year. We will have some NCAA Basketball upcoming for those who like to watch the exciting games of the NCAA Tournament.

FDSA APPAREL/ITEMS FOR SALE

Photos for all are now located on the FDSA website, www.fresnodsa.org. Please take a look.

FDSA Polo Shirt

$25.00

FDSA t-shirt

S-XXL

$15.00 each

Black compression shirts

Tight fight and loose fit

$20.00 each

4 different styles of flex-fit hats

$18.00 each

Aprons

$18.00 each

Challenge Coins

$5.00

FDSA Mugs

$10.00

Air Support Unit Patch

$8.00

LABOR FRONT/BENEFITS

Retirement Benefits with the County Fresno

FDSA has been noticed on Friday, February 5, 2010 regarding the retirement Actuarial Recommendations by the Fresno County Retirement Board. The retirement system’s fund status is evaluated every year based on a June 30^th, effective date. The purpose of the analysis is to evaluate the solvency of the fund and determine the contributions required by plan members and the participating employer for the upcoming fiscal year.

On January 20, 2010 the Board of Retirement accepted the final actuarial valuation report as of June 30, 2009 prepared by Segal Company. Based on the actuarial valuation report, the recommended employee rates are as follows:

Current Recommended Aggregate

Aggregate Rate Aggregate Rate Increase/Decrease

General Tier 1: 7.88% 7.84% -.04%

General Tier 2 5.46% 5.55% +.09%

General Tier 3: 6.07% 6.08% +.01%

Safety Tier 1: 9.70% 9.67% -.03%

Safety Tier 2: 8.39% 8.46% +.07%

So as you can see, depending which Retirement Tier you fall under, you may either have a small decrease, or small increase. Remember the split for retirement contribution are a 75% employer (Fresno County) and 25% employee (You). However with that said, the employee contribution percentage under the 1937 Act Retirement System which the County of Fresno participates in cannot exceed 11%.

Labor Beat

POLITICAL ACTION COMMITTEE

POLITICAL FRONT

The FDSA voted at the last FDSA meeting to endorse the following candidates for the upcoming June Primary:

Jim Petrucelli; Judge in Fresno County

Judge Jim Petrucelli who is running for his third term as Judge in Fresno County. FDSA met with Jim during the Month of January to discuss him running for re-election of his seat. The filing period for all elected offices in the State of California is March 12, 2010. There is an opponent running against Jim out of the Public Defenders Office. Out of all the Judges up for re-election this coming June (28 total) they chose Jim to run against.

Jim is an ex-deputy Sheriff for our agency and ex-PAC Chair for the FDSA. Jim holds a firm hand in regards to punishments for convicted felons. When asked in regards to early release of inmates out of the State Correction facilities, Jim said he does not let political issues, nor political agendas, affect sentences for the crimes committed in this county.

Michael Rubio, 16^th Senate District of California

Mike is currently a Board of Supervisor in Kern County. Mike is a prior staffer for Dean Florez when first getting into politics. Mike has the issues facing California in his sights. He is focused on creating more jobs for the State that will be encompassed in the 16^th District. The jobs Mike wants to create will be new ones, by bringing commercial real estate into the District which will provide property and sales tax for all.

Mike is focused on public safety issues, and knows without public safety you do not have order, and without a safe community you will curtail business from opening shop. Mike has been a supporter of the FDSA, and the issues we have going. FDSA has been meeting with Mike for about the last 6-7 months. Mike is our candidate for the 16^th Senate District in the State of California.

Mike Villines, Insurance Commissioner for the State of California

Mike has termed out as our Assemblyman for the 29^th Assembly District in California. Mike’s newest quest will be running for Insurance Commissioner for the State. Mike has the motivation and drive to dive into this position. The Insurance Commissioner position over sees the Department of Insurance, the largest consumer protection agency in the State with a budget of over $200 million and regulates almost one-tenth of the California economy.

Improving California's business climate by reducing over burdensome regulation, reforming government to end business as usual in Sacramento and restoring common-sense solutions and accountability to state government have been and continue to be Assemblyman Villines' top legislative priorities. As a newly elected California State Assemblyman, Villines was recognized as a political up-and-comer by being named an 'Emerging Leader' by the State Legislative Leaders Foundation.

As Republican Leader, Villines played many important roles. He provided vision and direction as the Republican Caucus formed its legislative agenda. Working with his leadership team, Villines guided legislative strategy to ensure Republican measures were passed and signed into law. His leadership skills and the loyal following of his Republican Colleagues set the tone for his many public policy advances, which included major tax code reform to encourage business development in California; the formation of public/private partnerships to bring public works projects online faster; reform in categorical school funding allowing more flexibility to schools with their budgeting; and balancing environmental protection with economic development by streamlining regulations that allowed growth in our economy and the protection of our natural resources simultaneously. In addition, he continues to lead the development of policy to address California’s growing water and clean energy needs throughout the State.

The FDSA supports Mike Villines for his race for Insurance Commissioner of California.

Pensions

Despite their full-throated support for cutting public employee pension costs, Gov. Arnold Schwarzenegger and the leading GOP candidate to replace him, Meg Whitman, have backed away from supporting a ballot measure that would do just that. Their decisions, part of the complex calculus of California politics, are the death knell for the initiative drafted the California Foundation for Fiscal Responsibility. The Citrus Heights-based group had courted both the governor and the former eBay CEO.