Welcome back / Goodbye ??

In a weird twist, the Ab109 drama continued today, most of the folks scheduled for the last day of Wave 1 was slated for today.  Well, just when you thought it was over, about 9 Correctional Officers were told that there layoff was being postponed.  It didn't matter that you were staying in a motel in Oregon and were suppose to start work the next day, "we need you to come back".
Of course the calls were coming in, several impacted staff members were asking, why wasn't I called back?
And like everything else, we had no answers!  So those reading this, I guess call assignments today and ask, why you were not called back to work.  I'm not sure why these staff were chosen?

On another note our New Warden M. Martel is saying goodbye, "Bird on the Wire" says he is being moved to another Prison.  Its to  bad because in the short time he was there, I thought finally we have a Warden that actually seems to have Staff in his best interest.
I'm told that G. Sandor will replace him as (A) Warden.  I was also told that A/W Etchebehere was also granted a transfer.  And a Shuffle in the Operations Captain spot was also mentioned.

Don't hate the messenger!

Have a Safe 8

Do we still have overflow beds?

On Friday, state corrections leaders will announce they have made an important step toward their goal to ease overcrowding, finally getting rid of the last of thousands of bunks that were crammed into day rooms, gymnasiums and other spaces to hold inmates.

In a news conference scheduled to be held at the Deuel Vocational Institution in Tracy, corrections chief Matthew Cate and other officials are scheduled to announce the end of what the department itself calls "iconic images of (the) overcrowding crisis."

"As of the very end of last week, there were no more inmates currently sleeping in them," corrections spokesman Jeffrey Callison said Monday.

The use of what the California Department of Corrections and Rehabilitation calls "nontraditional beds" peaked at just under 20,000 in 2007, Callison said.

"The degree of overcrowding in California's prisons is exceptional ..." the Supreme Court concluded in its May 2011 opinion, which described in graphic detail how officials found room to house them.

"Prisoners are crammed into spaces neither designed nor intended to house inmates," the majority found. "As many as 200 prisoners may live in a gymnasium, monitored by as few as two or three correctional officers.

Following the court's order that the state reduce its prison population by 33,000 inmates to bring it to 137.5 percent of capacity, state officials went to work.

Gov. Jerry Brown's "realignment" plan, which shifts responsibility for some offenders considered low-level, nonviolent and nonserious to county jails, has since helped cut the prison population from about 144,000 inmates to about 127,770.

"The number of nontraditional beds had been falling since '07, but realignment has basically taken us over the finish line," Callison said.

The department hopes to reduce overall population to 137.5 percent of capacity – about 110,000 inmates – by June 2013.

But not everyone is buying the state's claims to have done away with nontraditional beds.

"That's a complete falsehood," said Ryan Sherman, a spokesman for the California Correctional Peace Officers Association.

Sherman contends there are 500 nontraditional beds still available for housing inmates at the California Rehabilitation Center in Norco, and another union official based there said Monday that he had seen documents indicating the facilities had been closed for renovation but would be reopened and reclassified as "traditional" housing. "One was a library and four of them were classrooms," said Joe Baumann, a local union representative at the prison.

The department disputes the union claim, saying those spaces are part of the prison's design capacity and have "always been intended for inmate housing."

Despite that dispute, both sides say the reduction in inmates housed in large, crowded rooms makes the prisons safer for inmates and staff.

In the gyms and dayrooms packed with bunks, "you can't see everything," Sherman said.

"It's more of a threat to the inmates than it is to the staff, but definitely if you only have two or possibly three staff walking around and you've got 200 inmates there's a safety problem there," he added. "It's a huge safety issue."

Make up your Mind!

California - even with a state prison medical facility already under construction southeast of Stockton - has been advised by the Legislative Analyst's Office to hold off on building new medical facilities for inmates.


That view contradicts plans by the court-appointed receiver who has run the prison health system since a federal judge declared it unconstitutional and inadequate. The receiver has plans for $2.3 billion in new clinics and upgrades.  Construction is one of the final sticking points before the state can end six years of federal oversight of inmate medical care. The judge has ordered preparations for returning control to the state but said the lack of new medical facilities is an ongoing problem.

California is already building a new facility for long-term medical and mental-health care near Stockton. But the receiver, J. Clark Kelso, also wants to convert three nearby former juvenile correctional facilities to provide care to adult inmates and spend $750 million on upgrades to clinics throughout the 33-prison state system.

Although the Legislative Analyst's Office said in a report issued last week that some medical facilities remain in poor condition, it questioned the need for new construction. The prison population is declining because low-level offenders are being kept in county custody to reduce overcrowding.
That rerouting "may make it possible to close some prisons in the future," the report said. "It would be unwise to make significant infrastructure investments at such facilities at this time."

Kelso has said that some new medical facilities will be necessary anyway. Prison medical needs are increasing as the inmate population ages.

There are 70,000 prisoners with chronic health problems such as hypertension, HIV and diabetes, and 50,000 inmates are at least 50 years old.

CCPOA Weekly Update 2/24

Important reminder to the membership regarding Personal Development Days (PDD):
All Rank and File members are reminded that effective January 1, 2012 you received four Personal Development Days (PDD), two for 2011 and two for 2012, in accordance with the Memorandum of Understanding (MOU). These days must be utilized during the calendar as they have no cash value. If they are not used by December 31, 2012 these days will be deleted from your books. Moving forward you will receive two days each calendar year, in January. As for our Supervisory members the PDD days are in accordance with the Governors Executive order S-15-10. These two days are granted by fiscal year and must be utilized by July 1, 2012 or they also will be deleted from your books.


Supervisory Update — By Kevin Raymond, Supervisory VP


The follow up meeting for the SO6 layoff table has been scheduled for March 9, 2012. During the last meeting the state admitted to having a true Sergeant vacancy at CIW, which they do not intend to fill due to the possibility of losing the position in wave two. They have taken this stance even though some of our fellow employees are facing demotions and transfers. We have requested that they fill the position and let wave two take care of itself when the time comes. As previously noted, one supervisor is facing actual layoff — if unwilling to move from Ironwood to CRC.
On Friday February 17, 2012, CCPOA representatives met with CDCR Labor Relations and representatives of DPA for a follow up meeting on supervisory issues previously discussed. I would like to thank Kenny Darnell of FSP, Jeff Herring of CCWF, and Jo Ann Billhimer of CCPOA for their involvement and continued support of our members.
The main issue from the previous meeting was the stateʼs intention to change the DOM language as it pertains to supervisory seniority — specifically for limited term employees returned to previous classification. Once again, we pointed out the difference in treatment for certain DJJ classes, with regard to whether or not they keep their DJJ class seniority. We would like to see a fair standard applied to all classes (i.e. Sergeants, Lieutenants and Senior MTAs). We also reestablished our position regarding demotions as a result of AB 109, etc. Once again, the state had no draft language to present — even though we requested the language in advance and at the table on both occasions. This item has been tabled for now. Although the state did ask if we were willing to discuss (as a concept) moving to language that would make all SO6 time count for seniority purposes as a resolution to the situation. We informed them that as reasonable individuals we are willing to discuss anything, but are making no promises if they move in that direction.
We discussed the Seniority Assignment (SA) agreement at great length, reiterating our written proposal on all issues pertaining to the SA from our previous meeting. As for moving from a 60/40 split to 70/30, the state representatives stated they are not interested in doing so at this time. Regarding the “super seniority” for CCPOA Supervisory Vice Presidents and the deletion of bid positions without placing the supervisor into a job with the same RDOs and similar start and stop times, they had no answers. Instead they informed us that there would be a committee composed of numerous managers and a Lieutenant established early next month to review and make recommended changes to the SA process. We find this very disconcerting, as the SA agreement was a product of cooperation between CCPOA and the state when it was initiated. We have taken the position that we should be involved during the process rather than dealing with whatever this committee comes up with on its own after the fact.
With AB 109 realignment and position cuts, we asked the state when we should do an institutional re-bid to bring the SA back into alignment. They offered no proposals or any time frame, saying instead that they will discuss this in the future. Given the fact they intend to look into the SA via the above-mentioned committee, itʼs not too difficult to see what is transpiring here. The state admitted that they dropped the ball on our request for a meeting with DMH to possibly include Senior MTAs in the SA process — they promised to follow through this time.
Lastly, our local representatives —where all good information comes from — informed us that CMC is intending to realign the Sergeant RDO pattern due to the deletion of positions under AB 109. The maintenance section of the SA agreement covers the handling of an occasional RDO change for a position, but not the wholesale changes being indicated here. The state has promised notice and a meeting before these changes occur – if they are in fact even necessary.


Labor Update — By Steve Weiss, Chief of Labor

This last week we had a very successful Labor/Management Layoff Committee meeting, which resulted in two employees being removed from the layoff list after it was discovered that their seniority scores had been improperly applied. This was the first meeting of this committee and weʼre pleased to report that it worked exactly as intended. Iʼd like to give a special thanks to CCPOAʼs Labor Committee – Suzanne Jimenez, Don Cathey and Brenda Gibbons — for their outstanding work.

We also participated in an AB 109 meeting, where we raised concerns about three institutions that have been experiencing difficulty reaching agreement at the locallevel. After much discussion, a solution was found — to replace managementʼs point person in each of these talks. In two cases the new point person will be the Chief Deputy Warden and in the third it will be the Chief of Labor Relations. We anticipate that having higher-level state representatives running the tables will net much better results.

CCPOA also met with Salinas Valley DMH to negotiate program changes for MTAs. DMH — which has changed its name to the Department of State Hospitals (DSH) — is still having staffing issues, but weʼre working to resolve them through these ongoing negotiations. Negotiations didnʼt go nearly as well for our Medical Guarding Unit (MGU) table at Ventura, where weʼve been locking horns over issues of staffing and supervision of inmates. Discussions fell apart when the state simply got up and walked out. Weʼre pursuing remedies through Unfair Labor Practices procedures. Finally, Ventura began implementing post-and-bid last week, which will be an ongoing process. Weʼll keep you posted.


Legislative Update — By Stephen Walker, Chief of Legislative Affairs


Weʼre busy preparing for our Political Action Committee (PAC) interviews, which will be held during the first full week of March. CCPOAʼs interview questions have been carefully developed and are being mailed out to all candidates prior to these interviews.
CCPOA leadership is also continuing its ongoing conversations with the Governor and Administration officials regarding the budgetʼs impact on Corrections. In this same vein, members of our leadership and lobbying teams received a briefing at the State Capitol on juvenile justice programs.
Finally, this Friday, February 24 is the legislative deadline for introducing new bills for this legislative session. Weʼll notify of you any last minute surprises.


Legal Update — By Chief Counsel Dan Lindsay / Supervising Attorney Janice Shaw


The topic for this weekʼs update is AWOL resignation. Please review carefully. AWOL Resignation An employee who is absent without leave (AWOL) for five (5) or more consecutive workdays is vulnerable to being separated from State service if the appointing authority deems the absences to be an automatic resignation. To effect the separation, the appointing authority must serve a notice of automatic resignation (also referred to as a notice of AWOL resignation) on the employee. The notice must notify the employee of the facts relied upon, such as the days of absence without authorization for leave, and of the employeeʼs right to a Coleman hearing. The Coleman hearing is a pre-deprivation hearing, much like a Skelly hearing, in which the employee is given an opportunity to address the appointing authority in response to the notice of AWOL separation. The notice should also inform the employee of his/her right to appeal, i.e., to request reinstatement.
The AWOL resigned employee has a right to appeal from the notice of AWOL resignation. Where the appeal must be filed is dependent upon whether the AWOL separated employee is covered by the CCPOA MOU. Bargaining Unit 6 Rank and File members are covered by the MOU, and therefore the AWOL separated employeeʼs appeal rights are through the grievance and arbitration process, pursuant to the MOU, section 9.10, Request for Reinstatement after AWOL Separation.
In contrast, a supervisory (or excluded) member of CCPOA is not subject to the MOU and not subject to the grievance and arbitration process. Rather, a supervisor (or excluded) employeeʼs appeal from AWOL separation (also referred to as a request for reinstatement after automatic resignation) must be filed to DPAʼs Statutory Appeals Unit within 15 days of service of the notice. Please contact your CCPOA Legal office immediately if you have been served with a notice of AWOL resignation.

Riders News from the Tiers and Yards

It's been awhile since I posted an update on what's been going on at CIM.  I'm sure your all sick of the AB109 news!

There has been alot of happening at Facility B, as of this writing the East side of Cypress hall no longer has Ad-Seg inmates.  It is currently being proposed to turn the East side of Cypress into an SNY GP unit.  The West side will remain ASU.  This may not be good if the bean counters decide to take a look at the staffing levels!  We advised management of the cuts to entry and that an ad-seg officer is being redirected to entry!  Also, the back gate Sally port officer is being redirected to cover Madrone hall.  Why you ask would we cut positions and then have to back fill them?  Nobody seems to be taking the blame for this one.

At Facility D, a few weeks ago they started to cut positions at West dorm and South dorm.  The brakes were put on this for now, time will tell.  The "the word on the wire" says the Facility D cuts will happen in late summer.  The talk is one officer per dorm, stay tuned.

The SAB transition to outside the perimeter seems to be working okay.  We did alot with little time and not much help!  A certain Sergeant took the lead and made this move possible, thanks for your hard work!  The PICO hours seem to be picking up, most should get 4-5 days this week if they made themselves available.

The Bird on the Wire says more of the CIM Shuffle may soon take effect!  Stay tune for job changes to key players.

The News of the day was a big power failure on Facility A on Friday, first time in a long time we had some overtime!  They did fast work of getting everybody back up and running.

Not much local union News coming out.  I haven't received any updates on local news.  You all need to ask them to get the information out!  Many sources are reporting the R. Yank DPA chief is calling in quits only after little  more than a year of service.  Cross your fingers folks, who knows who will replace him.

Have a Safe 8

Cell phones CIM & CRC

NORCO (CBS) — More than 700 million people use Facebook – among them are some of California’s most-hardened prisoners.  “For the guys that we catch, it’s one of the most popular things they use in here,” said Sgt. Anthony Roman of the increasing number of inmates getting caught with cells phones.

Under state law, prisoners are forbidden to use mobile phones.

CBS2’s Jeff Nguyen recently visited the California Rehabilitation Center in Norco and Chino State Prison to see how inmates are accessing the internet and social networking sites from cell phones.

Last year, about 1,500 cell phones were confiscated at the Norco facility.

The California Department of Corrections and Rehabilitation uses a team of Belgian Shepherds to sniff out phones that are smuggled in.  The dogs’ ability to track a cell phone is so keen they’re able to separate a phone from other electronic devices.

“These probably go for about a thousand bucks,” Roman said, as he rummaged through some contraband.

Authorities say felons are accessing the internet to run organized crime rings, to set up murderous hits and, in the case of sex offenders, to stalk their victims.  “On a couple of occasions we’ve had to talk to a couple of inmates because they have been bothering the victims of the crimes,” Roman said.  Inmates caught with a cell phone could have 90 days added to their sentence.
Some are so bold that they’ve taken pictures of themselves in prison and posted them to Facebook.
CDCR recently reached an agreement with Facebook that makes it easier to shut down pages actively used by inmates.
During one visit, Nguyen saw correctional officers find eight phones at the Norco facility – one of them was tucked in a shoe. It was originally hidden in a deodorant container in an attempt to throw off the dogs’ scent.

The canines are able to sniff through that. Inmates have tried to mask the scent of their phone with coffee, spices – even peanut butter – but the dogs keep finding their cell phones.

http://losangeles.cbslocal.com/2012/02/24/more-inmates-using-internet-on-cell-phones-to-continue-orchestrating-crimes/

Extra earnings for Veterans through SSN

Since 1957, if you had military service earnings for active duty (including active duty for training), you paid Social Security taxes on those earnings. Since 1988, inactive duty service in the Armed Forces reserves (such as weekend drills) has also been covered by Social Security.


Under certain circumstances, special extra earnings for your military service from 1957 through 2001 can be credited to your record for Social Security purposes. These extra earnings credits may help you qualify for Social Security or increase the amount of your Social Security benefit.

Special extra earnings credits are granted for periods of active duty or active duty for training. Special extra earnings credits are not granted for inactive duty training.

If your active military service occurred

From 1957 through 1967, we will add the extra credits to your record when you apply for Social Security benefits.

From 1968 through 2001, you do not need to do anything to receive these extra credits. The credits were automatically added to your record.

After 2001, there are no special extra earnings credits for military service.


How You Get Credit For Special Extra Earnings

The information that follows applies only to active duty military service earnings from 1957 through 2001. Here's how the special extra earnings are credited on your record:

Service in 1957 Through 1977
You are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay.

Service in 1978 through 2001

For every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1,200 a year. If you enlisted after September 7, 1980, and didn't complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. Check with Social Security for details
http://www.ssa.gov/retire2/military.htm

Wave 1 final Transfer Results

The final Wave 1 results are in.  At CIM out of the 34 Correctional Officers slated for Layoff, 16 will be actually receive the layoff.  I'm told the final 16 either chose not to accept the last chance transfer, or limited their choices and did not apply for the last remaining transfer choices.

Good luck to all that made their choices!  You will all be missed.

Ron Yank leaving DPA?

Two sources have told The State Worker that Ron Yank is leaving the director's chair at the Department of Personnel Administration. Department spokeswoman Lynelle Jolley confirmed Yank's impending departure a few minutes ago.


The Brown administration hasn't yet named a successor to the state's top labor relations job, which Yank has held for a little over a year. Jolley said that Yank is leaving "around the end of this month."

Critics assumed that Gov. Jerry Brown named Yank, a retired labor lawyer, to the job as a make-good to public employee unions that supported his campaign, particularly the California Correctional Peace Officers Association. Yank counted CCPOA and the state's fire fighters' union as clients for many years before he retired from Carroll, Burdick & McDonough LLP. His son, Jonathan Yank, also is a lawyer based in the firm's San Francisco office and handled CCPOA cases.

Yank countered that he would be an honest, impartial broker who would bring the respect of labor and years of experience to repair management relations damaged during epic battles with GOP Gov. Arnold Schwarzenegger. A few months after ank took the job, he closed contract talks with six unions that had refused to come to terms with Schwarzenegger.

Later, when Brown pressed to send more convicted criminals to local jails and downsize the state prison system, Yank negotiated key labor agreements that streamlined the layoff process for Corrections and Rehabilitation Department employees. The deal also eased the transfer process for state workers in the department to make it easier them to move from crowded facilities to others with vacancies.

Recently, Yank also ended the state's long-running dispute with CCPOA over union paid leave and settled furlough lawsuits with SEIU Local 1000 and the state's attorneys' union. CCPOA and the California Statewide Law Enforcement Association also recently dropped their furlough litigation.

We're planning to talk with Yank later today.

Miranda Rights

By Jesse J. Holland

Associated Press
WASHINGTON — The Supreme Court said Tuesday investigators don't have to read Miranda rights to inmates during jailhouse interrogations about crimes unrelated to their current incarceration.

The high court, on a 6-3 vote, overturned a federal appeals court decision throwing out prison inmate Randall Lee Fields' conviction, saying Fields was not in "custody" as defined by Miranda and therefore did not have to have his rights read to him.

"Imprisonment alone is not enough to create a custodial situation within the meaning of Miranda," Justice Samuel Alito wrote in the court's majority opinion.

Three justices, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, dissented and said the court's decision would limit the rights of prisoners.

"Today, for people already in prison, the court finds it adequate for the police to say: `You are free to terminate this interrogation and return to your cell,'" Ginsburg said in her dissent. "Such a statement is no substitute for one ensuring that an individual is aware of his rights."

Miranda rights come from a 1966 decision that involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.

Previous court rulings have required Miranda warnings before police interrogations for people who are in custody, which is defined as when a reasonable person would think he cannot end the questioning and leave

SNY Gangs part 1 & 2

http://www.myfoxla.com/dpp/news/investigative/Prison-sny-gangs-part-1-2012-02-20

Part 1 on Fox News on SNY Gangs

http://www.myfoxla.com/dpp/news/investigative/prison-sny-gangs-part-2-2012-02-20


LOS ANGELES - Record numbers of gang dropouts in the California Prison System are flooding protective custody yards, called Sensitive Needs Yards, or “SNY's.”

Now, those supposed dropouts have formed a new brand of gang terrorizing other inmates who just want to do their time in peace.

FOX 11’s Chris Blatchford shows us Part Two of his report on SNY gangs...we find out that they're now moving their criminal influence from the prisons and into the streets.

CCPOA Supervisory VP K. Raymond

The SO6 Layoff Table began yesterday. Of the original 30 supervisors facing demotion or actual layoff, 20 are no longer impacted at all. Seven of which were facing layoffs, six of those have been mitigated. The last one in Riverside County may avoid layoff depending on how the revised option worksheets unfold.


Some of the issues we brought forward are only possible when the information comes from the potentially affected employee. For future reference if any member believes the state has the wrong information please contact us so we can do the proper investigation into the matter.

We took care of our members first, however we did make issue of improper handling on behalf of ALL supervisors regardless of their affiliation with CCPOA. We believe it is the right thing to do.



Kevin

Hidden weapons in the Toilet

The following was sent from the brothers in the Federal Prisons.  They have been finding weapons hidden in the toilet bowls.  The inmates used plastic clothes hangers, they cut it down in size and attached the weapon using sheets to tie it on.

They then compress both ends of the plastic hanger and shove it down the bowl.  This provides for a locking device, that won't allow the hanger to go down when flushed.

With the hanger hidden in the bowl they then use the other piece of the hanger as a hook, they can use the extra hanger to fish out the weapon when they need it!

So staff when searching cells you may want to make your own hooking device to search the toilet bowl. 

Hope this information provides you and your partners with a small amount of knowledge when searching inmates cells.
Thanks to brother, (for the information)

Senobio "Pockets" Gomez
Senior Officer Specialist
Federal Bureau of Prisons

Limited Term Shenanigans

Ive been told that last week two full time Sergeants at CIM were being demoted to Correctional Officers.  They are both being sent to Southern California Fire Camps as Officers!  And then to hear that we have over 250 Limited Term Supervisors statewide, this makes no sense.

At CIM we have three limited Term Lieutenants, two acting Lieutenants and three Retired annuitants acting as CDW and Warden.  Management also sent out a notice looking for staff willing to take acting positions.  If CDCR would just hire the Vacancies, it would make room for people to move up and fill vacancies.

Supervisory Update — By Kevin Raymond, Supervisory VP



First and foremost, weʼve been seeking a date for the SO6 layoff table to discuss mitigation of the myriad issues surrounding corrections layoffs. Our goal is to secure a date next week, so we hope to have an update very soon.

Weʼve also been working to resolve an issue at Chuckawalla where supervisors are being demoted and transferred — this despite the fact that, according to reports, the institution still has limited term and acting supervisors. We then received an email from CDCR Labor Relations saying that this county has been taken off the impact list as far as Sergeants go, so weʼre seeking clarification.

And finally, last weekend we received a county-by-county listing of all limited term supervisors — about 260 in all. More information to come.

Vacaville mental health Center opens

In a long-awaited move to comply with state guidelines, a mental health care center has opened at California Medical Facility on the Vacaville prison's grounds.

The new 64-bed facility cost $33.7 million and was almost two years in the making.  "While it may just be 64 beds, it actually expanded our operations quite a bit," Warden Vimal J. Singh said.

Operated by the Department of Mental Health, the 45,000-square-foot facility initially broke ground on June 10, 2010. It is the first construction completed under bond financing authorized by AB 900 - an act geared at bringing facilities up to date and relieving overcrowding issues.

The court-mandated upgrades included improvements in areas ranging from inmate dental and medical care to mental health treatment.

"These are hard times," Singh said, referring to the passing of AB 109, realignment legislation that has pushed thousands of inmates out of the state's prison system, resulting in a number of staff layoffs and transfers.

"This definitely mitigates some of that," he added.

The project included measures such as pushing the prison's existing perimeter of lethal electric security fencing out around the new facility and tacking on two more guard towers.

Singh said they are on track to begin receiving inmates at the end of the month

AB109 on Paroles

The following was reported by a Parole Agent doing a home check and the frustration that many of our Parole Agents are experiencing as a direct result of AB109.  To think that this Parole can be caught red handed with all these violations, and the Agent had to uncuff him and leave him for society to deal with!!

Gonna try to keep this to the point. I am a Parole Agent  from Fresno/Reg I.  Last week we were told by our Supervisors that we can ONLY place a 3056 on a parolee if there is a felony to go w/ it. We had already been informed our jail wouldn't take only 3056's anymore.

Today I went to do a Home Visit on 1 of my parolees who's on for 245(a)(1)pc (1192.7PC) he beat his Girl Friend with a weapon causing major serious injuries. There is a no contact on the victim. I had recently seen the GF/victim on crime stoppers & knew she was wanted for multiple burglaries.

He is a huge meth addict & just paroled about 3 months ago. He has had already violated at least 6 times for meth use & stopped going to the "program" I slapped him on the hand w/ & sent him to about a month ago. Today I arrived at the house.  I had found a fancy surveillance system there when I did my initial HV several months ago and told him to get rid of it as it was an officer safety issue for me. He opened the door and I saw myself standing on his porch on a large TV screen. He was VERY nervous and I knew something wasn't right. He was VERY 11550.

I heard a commotion and saw a female (the victim of the c/o & subject of a no contact order) run from the house out a side door nude from the waste down. While clearing the house, I observed in plain view meth pipes everywhere, 2 large buck knives on his bed, at least 30 bindles w/ meth residue & about 50 different ID's & bank/personal credit cards belonging to other people.

PD and 2 other agents came to assist. A search revealed about 100 items of stolen property from recent vehicle burglary's one of the victims was a Merced C/O deputy sheriff & another Fresno PD officer. I found her badge & her departmental  ID card in his bedroom. It was stolen out of her car on 2/4/12 & she reported it stolen.  The  parolee admitted to using meth yesterday, but denied all knowledge of stolen stuff (of course) he pinned it on the GF who was staying at his house (remember the no contact order).

Myself & another agent found the female hiding in a bush in a backyard at a residence across the street. She resisted arrest with us, but was ultimately taken into custody by us. I had the parolee on at least 5 violations (meth use, (2) knives w/ blade longer than 2", violation of a NO CONTACT order, viol of r/o, not attending special condition/drug treatment program, poss drug para).  Not to mention the girl friend told me and several PD officers that he had been holding her against her will/hostage for several days & threatened her with a knife to her chest when she tried to leave. She refused to press charges.

He was also violating an active restraining order. PD will be doing follow up on the possession of stolen property & may request 496 PC charges on him. I am not here to question the officers or talk negative about them. The officers said they did not have enough to arrest him or her on any of the confirmed stolen stuff right now. They also expressed the same frustration of "why, they'll just be out in a few hours cause its non-violent."

 I called 2 of the victims, (1 the deputy) who came out & pos id'd at least 40 items that had been stolen from the 2 of them via their vehicles.

I took the parolee out of his handcuffs and told him to report to my office tomorrow at 8am.  How humiliating!!! What a joke & what a serious threat to public safety! I'm sorry, I forgot...thieves, burglars & meth addicts aren't violent people so they don't need incarceration, just rehabilitation. 

SQ Riot

San Quentin prison riot sends four to MGH


By Gary Klien

Marin Independent Journal

The riot broke out around 11:30 a.m. in an exercise yard and involved 150 to 200 inmates with weapons, said Sgt. Gabe Walters. The prison staff quelled the riot with "chemical agents, non-lethal and lethal force," he said.
Numerous inmates were stabbed or slashed, and four were taken to Marin General Hospital for treatment.
Some of the injuries included stab wounds to the head and neck, but the prison said none of the injuries was life-threatening.

The prison was investigating the incident and did not say what groups of inmates were involved.
The prison, which opened in 1852, has an inmate population of 4,113, and employs about 1,700.

The prison was placed on "modified program" after the incident, meaning prisoner activities were restricted or suspended until order is restored.

Under a full lockdown, prisoners would have been restricted to their cells or dormitory beds. Such a move is rare, said Terry Thornton, a spokeswoman for the California Department of Corrections and Rehabilitation.

Status of CIM Layoffs

As I read the AB109 CCPOA table negotiations memo this past week, I was reminded that CCPOA still believes that NO Officer will be layoff!  Well here is a news flash for the EC, at CIM as of this writing we have seven (7) Officers who were put on Mandatory Leave Credit Burn.  So unless I'm reading something wrong, CIM has Officers that are currently not working and are considered layOff!

There is word coming out of Sac HQ that the Pies/Pico's will soon be put on Mandatory Leave usage.  So at CIM this will equate to a total of 35 Officers that will soon find themselves without the ability to work.

I wonder why the last remaining Pies/Pico's were not offered per Diem to help them move, if they should get lucky and receive one of the few remaining Pico spots Statewide?  I have personally spoken to a couple of the effected Pico's and they responded to every Opportunity in Wave 1, they because of seniority did not receive a transfer.   So now with limited hours working as Pico's will have to pay for a last minute move using their limited funds.  Most CIM Pico's are only working three to four days a week, Superbowl Sunday helped just a little bit!  For the convenience of saving a buck, CIM management allowed them to work doubles, to save in overtime costs.

What has become of our once Great Union?  Word is also coming out that CCPOA has given up on the Furlough cases, that I remind you "we" have already spent a great deal of money on.  Our we making more deals, without the knowledge of it's members??

Have a Safe 8

California pension reform group suspends initiative campaign

February 8, 2012


California pension reform group suspends initiative campaign

A group that hoped to put a sweeping public employee pension reform measure on the November ballot is suspending its campaign.

"It's a sad day for pension reform in California," said Aaron McLear, spokesman for Sacramento-based California Pension Reform.

Although the group had drafted two measures that qualified for signature collection, it couldn't raise the $2 million or so needed to mount the petition effort for either one.

In November, Calfornia Pension Reform submitted a proposal to put future state and local public employees into defined contribution plans and another measure that would have shifted future workers into hybrid pensions. In January, it received the title and summary for both, intending to determine which would poll better and then shop that plan to potential campaign donors.


The language that came back from Attorney General Kamala Harris' office was worded to make it unpopular with voters, the pension reform group complained. The language was "false and misleading," it said in a press statement today. And that made it harder to find money, McLear said.

KVSP Staff Assualt on B yard

This report is just coming in this Morning out of KVSP.  It saddens me that "They" all forget that while our inmate population numbers go down, so does our Staff numbers.  The fact we have less inmates does not mean they are still not violent and will attack staff at any given notice.

KVSP Staff Assault:

Information provided by Ricardo Montano:
Staff assault on Bravo yard, three Correctional Officers sent to the E.R.  Injuries range from Bruises,Scrapes and exposures to O.C.  Be Safe out there partners. Officers received punches to the face and head area, and sustained some cuts. And also I was told a Sergeant, also sustained some injuries. The three Officers were taken to the emergency room. at D.R.M.C."
Later, it was reported that the Officers waited three hours to be treated!!!!!!!!

Thank you brother R. Montano for the update.

Justice finally for LAC Officer Elizabeth Wheat

ANAHEIM – Cold-case detectives Monday arrested the husband of a prison guard who was shot to death on a freeway off-ramp in Anaheim in 1998, six months after he took out a $1 million life insurance policy on his wife.


Two other men were arrested on suspicion of helping the husband carry out the slaying for financial gain, authorities said Monday. Police are looking for a fourth man, Anaheim police Sgt. Bob Dunn said.
Nuzzio Begaren, 50, was arrested in connection with the killing of a his wife in 1998. Elizabeth Wheat Begaren, a corrections officer, was gunned down just before midnight on Jan. 17, 1998.

 Nuzzio Begaren, now 50, is accused of orchestrating the slaying of Elizabeth Wheat Begaren, who was gunned down just before midnight Jan. 17, 1998, shortly after stepping out of the family minivan on the East Street off-ramp of the 91.

On Monday, police arrested Begaren in Rancho Cucamonga and Jose Louis Sandoval, 36, in Santa Ana. A third man, Rafael Garcia Miranda, 45, was arrested Friday in Cudahy, and authorities are searching for Guillermo Espinoza, 36.

Begaren was arrested on suspicion of murder for financial gain.

Sandoval and Miranda were arrested on suspicion of murder and street terrorism, while an arrest warrant was issued in Espinoza's name for the same charges. Authorities suspect Sandoval, Miranda and Espinoza are gang members.

Authorities declined to comment on the nature of the relationship between Begaren and the three other men, or exactly what role investigators suspect them of playing in the shooting. They also declined to say whether any of them are suspected to be the shooter or shooters.

"We believe these suspects conspired to commit the murder for financial gain," Anaheim deputy chief of police Craig Hunter said.

Nuzzio Begaren at the time claimed that four gang members in an Oldsmobile sedan had been following him from a Burbank Macy's store as he drove with his wife and his 10-year-old daughter from a prior marriage. He said the gang forced him off the freeway in Anaheim, robbed him of $4,700 in cash and shot his wife when they saw her Department of Corrections badge.

But Anaheim detectives were immediately suspicious of his story, especially after they learned the couple was recently married and that he had taken out a $1 million life insurance policy on his new bride.

Police say Nuzzio Begaren ultimately received more than $900,000 in insurance money after his wife's death.

"Mr. Begaren was a person of interest from the onset," Hunter said.  The detectives also discovered that he had a prior felony conviction for domestic violence on a previous wife, and Nuzzio Begaren did not cooperate with the investigation into his wife's death.

Begaren filed a lawsuit in Orange County Superior Court in January 1999 alleging that the Anaheim Police Department and the California Highway Patrol were harassing him as they investigated the murder.

Hunter said a joint investigation that also included the Orange County District Attorney's Office and the Los Angeles County Sheriff's Department recently turned up new evidence that led to the arrest of the three men, and the arrest warrant for the fourth.

Despite the incident happening more than a decade ago, Hunter said investigators believe that there are people who knew the suspects and have information about the shooting. Hunter noted that there are currently two different rewards totaling $60,000 for information leading to arrests and convictions.

Authorities are asking anyone with information about Espinoza's whereabouts or about the case itself to call 714-765-1944 or htf@anaheim.net

FLSA seems to be a Hot Topic

There seems to be some confusion in regards to FLSA procedures.  The CIM local chapter has filed on this in the past.  I know that Supervisors are currently receiving training on FLSA procedures.  Currently, CIM seems to be helping in the Pre-activities lawsuit!



Subject Reference: Fair Labor Standards Act

Overview: While supervisors have the final responsibility in insuring the sign-in and sign-out sheets are thoroughly and correctly completed. The employee who is signing in or signing out also has a responsibility in this process. They must be aware of what the expectations are. In this section, we will discuss the employee and supervisor responsibilities.

Employees’ Responsibilities:

Signing in/out:
Employees must sign in and sign out daily. They must sign in when they arrive at the sign in area prior to reporting to his/her post and sign out when they reach the sign out area after being relieved. Under no circumstances is an employee to sign in and sign out at the same time.

Start and End Times:
It is the employee’s responsibility to cross out the pre-printed start and end times for all hours worked and indicating the exact time they sign in and out if these times differ from what is printed. It is also the employee’s responsibility to arrive at the sign in area on time. If an employee arrives at the sign-in area late, even one minute, they must change the time on the sign-in sheet to reflect the time they actually signed in.


Supervisors’ Responsibilities:

Sign-In Sign-Out process must be supervised:
It is imperative that the sign-in sign-out process is supervised at all times. There are no exceptions. If a supervisor’s post is being cross-covered, it may be necessary to move the sign in sheets to another location where a supervisor is present.


Pay Code Documentation:

It is the supervisor’s responsibility to indicate the appropriate pay code and any required explanatory comments on the sign-in sheet. If an employee signs in late, the supervisor shall indicate “UD” (Unauthorized Dock) in the Pay Code column. Whenever the pre-printed start/end time is changed, a pay code must be entered

Unsolved Murder of C/O Elizabeth Wheat Begaren

I remember years ago working at LAC, I was fairly new there, when I transfer from Ironwood.  The news hit staff at LAC pretty hard, ISU Officer Wheat was reported Murder on the 91 Frwy in Anaheim.  The rumors then were that she was followed and killed because of her possible assignment in ISU.  The investigation we were told quickly turned towards her husband.
I was reminded of the Murder by a recent update on the case and News Story.  I thought to myself, I can't believe this is still an un-solved case?  I was more disappointed in myself, that I forgot about this case!  How quickly we all forget.


Begaren was shot to death on the East Street on-ramp to the eastboundeast·bound  Going toward the east.
 after being confronted by a carload passengers. Nuzzio Begaren and his 10-year-old daughter by another marriage were in the couple's Kia sport-utility vehicle.
 Police say the victim's husband, who had taken out a $1 million life insurance policy on her and has since moved from their Lancaster home, has not been eliminated as a suspect. He has been unable to collect on the insurance policy.

The dead woman's father, Robert Wheat, was at Monday's news conference. He noted that Nuzzio Begaren, who claims police have ignored the leads he has provided, was not there.

``He should be here this morning to represent Elizabeth,'' Wheat told reporters. He said his son-in-law has not cooperated with Anaheim police.

``The Elizabeth that we knew . . . was happy all the time'' before marrying Begaren, Wheat said.

``She was . . . not a very happy person after she got married,'' the father said. ``We only saw her about three times after she was married, and she was the type of person who visited us every week.''

Anaheim police Lt. John Haradon said investigators are looking at the possibility that the killer was hired.

Elizabeth Begaren had worked at the Department of Corrections for nine years. In the 18 months before her death, she worked in the Investigative Services Unit, which looks into inmate-related crimes, including drug dealing and gang activity.

Supervisors Labor/Management Meeting

We had a Supervisors Labor/Management meeting yesterday with Mr. Martel, Ms Cash, Mr. Sandor and TJ Padilla. I have to say right out the gate the meeting went well. Some issues that were discussed were the elimination of the 1/W Lieutenant (RCC/RCW). Management stance is that Statewide no other institution has two 1/W Lt.s. Our stance was the make-up of CIM and the issues that Fac. B has with many inmates still needing to be housed and inmates in the tanks. Sgt Wallace wanted to know where the PY will go if the position is lost. We also discussed the work load of the 1/W commander if the other Lt. Position is eliminated.


We also suggested that Warden Martel, meet with all Supervisors. We discussed a possible open forum, so that all Supervisors can hear his plans for CIM.

The Labor groups wanted Management to know that they support bringing back the IGI Lieutenant position. CDC Cash is on board with bringing back the position; however it may be temporary due to departmental standardization. The Sergeant positions were all discussed and management does not want to eliminate any of these positions. ISU relocation will happen in the near future, from the Ad Building to one of the residences.

We all discussed our concerns with cutting back on IST. Mr. Martel gave us a Fiscal year spending plan. Management wants input on training topics that are needed for CIM staff.

Here is the main topic; Management wants to severely cut our Supervisors ability to take three Holidays per month. They expressed that they will not hire overtime, behind our STO’s. We expressed the fact that very few supervisors are on the Captains lists for Sick abuse. That is the fact that we are able to “burn time”, unlike the Officers. In a nutshell they want only one supervisor off per shift! We are actively putting together a plan to cover our days off by internal coverage.

We spent a lot of time discussing staff shortages on Facility C, it was agreed that we would like to see the Officer come out of the Control booth, and assigned two Officers per floor. Management is also in agreement; of course this must go through CDCR HQ! We also discussed Security issues in Facility C visiting! A memo was drafted by our Visiting Sgt. And supplied to CDW Cash.

Management was also made aware of the removal of the PY’s to Facility B Control/Entry Officer. We told them there was currently no Officer assigned to this critical position, an Ad-Seg officer is being currently re-directed to Control to cover this vacant position. We would like to see the position come back, and not just re-direct another critical officer from Fac. B! Mr. Padilla will look into this.

On a personal note I have had discussions with Mr. Martel, and I have to say it has been very positive. I want everyone to know, that many changes have come to the way management is looking into employee discipline. As many of you know, in the past the “wallet” was hit very hard. Staff was being noticed of an Adverse action days before the time restraints would end and staff had to endure almost a full year of stress not knowing if the action would come. Mr. Martel would like more Supervisor involvement in the process. He has already modified many adverse actions that were in place!! And here is a bit of rumor control, the main gate for now is not going away!!
It was agreed that CIM management wants to meet more with the Unions, I’m going to talk to Sgt. Wallace and Lt. Moore and maybe we can invite some of you Supervisors to attend the monthly management meetings.

Have a Safe 8

AB109 Table Results

Over the last several months, CCPOA and the state have been in negotiations regarding the impact of the AB 109 Reductions. Due to AB 109, passed by the Legislature and the “Overcrowding Order” issued by the Supreme Court, the state sent out approximately 30,000 SROA letters informing staff that they were possibly subject to layoff. In an effort to mitigate the number of CCPOA employees actually laid off, CCPOA agreed to the first Wave of four Opportunities. Through this agreement relocation opportunities throughout the state, as well as additional OTAP and PICO positions for bid by seniority, were made available to staff effected by the layoff.


As a result of staff taking the opportunities offered in this first Wave, the number of staff potentially subjected to layoff has been reduced to approximately 250 statewide. CCPOA successfully negotiated one final opportunity available to those 250 staff to retain state employment. Therefore, if all identified staff avail themselves of this final opportunity, no BU6 employee will be laid off.

To avoid a possible layoff, many BU6 employees have taken PICO and OTAP positions. This has led to a situation where an employee with 10+ years of seniority now find themselves in PICO jobs. CCPOA has always honored seniority; therefore, the negotiating team has negotiated the following: when a Permanent Full Time (PFT) position becomes available, the most senior OTAP employee will be offered the position. Then, the most senior PICO (meaning total BU6 seniority, not institutional seniority) will be offered the newly available OTAP position. This process will occur with every PFT placement as it occurs.

Prior to the AB109 Reductions, the local Chapters met with management to discuss the elimination of positions due to deactivations. However, with the advent of the AB109 reductions, many institutions refused to provide information to the chapters or in some cases refused to meet locally. The CCPOA negotiating team has negotiated a drastic change in the process.

The state is now required to provide all information which is necessary and pertinent to AB 109 Reductions. The previous “local discussions” will now be formal Meet and Confer negotiations over the impact of these deactivations, which will result in written agreements, signed by both parties. Individual files for each deactivation will be created and the negotiating authority will be delegated jointly to the assigned Field Representative and the institution’s Chapter President. The Chapter President will determine the negotiating team members. If local negotiations breakdown, the issue will be elevated to the statewide AB109 table for resolution.

The team is now in the process of addressing a layoff appeals process: to include the re-evaluation of the seniority scores for staff receiving a layoff notice, a way to allow staff who have made drastic moves to get back to their previous area of employment, and the effect recent changes have made to the Post and Bid Process.  We will keep you informed as we continue to move through this process.

Perry Speth

Calipat T-Shirt Sale

Our Partners at Calipatria are having a T-Shirt sale celebrating 20 year anniversary.  I'm not sure if they will ship or not, but here was the information I received.  I know we have alot of Calipat Staff at CIM.  The shirts are $15.00 (larger sizes add $2.00)

Due to numerous requests, I will be placing another order of t-shirts. Attached please find a picture and an order form. If interested, please ensure I get your order by Friday, February 15, 2012. Thanks.





Frances Hernandez


UOFC/CAL


(760) 348-6030

The Blog Police

Okay folks I have always taken pride in the way I run this site.  And trust me I love all the comments that are now coming in.  I try and let most comments fly, however, with that I'm going to have to warn you all that I will start to censor comments that don't help the Cause!

Listen if your "man" enough to say it, put your name on it!  Some of you have been critical about what folks are saying in the comments.  At least they can put their name on the posts.  And really calling people and hanging up on them?  This is not an SNY thread, No nameless Kites!

I don't care if you use an AKA, but from now on, no name no post!!!!

Mandatory Usage of Designated Leave Credits

I thought it couldn't get worse for impacted employees facing layoff!  Not only did CDCR show you the door but now they are going to deny you the chance of "cashing out" your leave credits. 


Impacted Permanent Full Time Officers are being noticed on the mandatory usage of designated leave credits and have been authorized to use designated leave credits.  Impacted Intermittent Employees Have Not Been authorized the use of designated leave credits at this time.  The designated leave usage will begin as noted on attachment "A".  (see memo in SAB)