Association of Orange County Deputy Sheriffs
December 7, 2007
Legislative Update
James L. Frayne, Legislative Director

            This report updates the major legislative issues occurring since the last board meeting held on October 19^th in Sacramento.  Since then, the California legislature has held concurrently special sessions on the subjects of universal health care and water issues in California.   As of this date no agreement has been reached between the legislature and the governor!  However, in the waning days of this year it is still possible there could be a compromise reached and sent to the electorate for a vote.

             My statement last board meeting was that I wish in the future I could report good news instead of major challenges confronting probation, public safety, and local and state government.

             The list of important matters to consider in 2008 in the legislature and state elections in February, June and November are awesome.  They are as follows:

 I will attempt to synopsize these issues:

STATE BUDGET DEFICIT OF 10 BILLION DOLLARS

             Ten years ago, November 1997 Pete Wilson was our Republican Governor and the state population was 32.3 million and the budget was 52.9 billion dollars.  Today, ten years later, November 2007, Arnold Schwarzenegger, Republican, is our state Governor and our state population is 37.8 million and our state budget is 102.3 billion dollars.  Both of these Governors when first elected faced a state budget deficit.  Currently our budget is confronted with a deficit of 9.8 billion dollars.  The last four months projected state revenues have fallen 1.1 billion dollars below expectations.  The State Legislative Analyst, Elizabeth Hill, predicts a 3.8 billion dollar decrease in expected state revenue.  The present state shortfall of 9.8 billion dollars is more than we spend on our state prisons annually.  The cause of this is attributed to the soft real estate and mortgage market, high costs of oil, food and consumer goods.  This resonates to all businesses in California and the nation, in one way or another.

             Local government witnessed an increase in property tax in 2006 of 12% and predictions for 2007 are the same.  The projections for the 2009-2010 fiscal years are only a 3% increase.  Meanwhile, counties throughout California are faced with re-assessing many properties with a decrease in assessed valuation and the result is fewer tax dollars in the treasuries.

             Various legislators have urged Governor Schwarzenegger to call a special session to address the 9.8 billion dollar fiscal crisis.  When proposition 58 was passed several years ago to deal with a similar state fiscal crisis it granted the Governor new powers.  One of those was the ability to call a special session of the legislature.  Another was the authority in mid-year to make budget corrections.  Thereafter the Governor must propose legislation to correct the budget crisis, and if the legislature does not approve his proposals.  They are barred from acting on any other legislative business or adjourning.  All are faced with resolving this dilemma by either cutting budget expenditures or raising taxes.  Republicans in the Legislature have vowed never to raise taxes, therefore drastic cuts seem apparent.  Who will suffer?  History teaches us the weak are usually the victims!

PRISON AND LOCAL JAIL OVERCROWDING & REHABILITATION

             A little over six months ago the Governor signed a 7.9 billion dollar bond act to address the critical California prison overcrowding to avoid the Federal Court “Master” of usurping the states authority if they did not correct the problem.  The implementation of most of the provisions has been delayed due to disagreements among the parties. On track are some prison beds and the transfer of some prisoners to out of state facilities.  Some 16,000 are still delayed and scaled back rehabilitation provisions.  Many local re-entry “mini prisons” are yet to start.  The questions of who will run these facilities are still unanswered.  The Governor’s pilot programs of the release of some 1,000 “low risk” offenders to Orange County and San Bernardino County is occurring.  Thus far, 15 counties have signed preliminary agreements with the State Department of Corrections; however no formal contracts have been executed.  One of the unanswered questions is who will operate these facilities?

THE “RUNNER” INITIATIVE – SAFE NEIGHBOR ACT

                        This act would appropriate one billion dollars for local law enforcement from the General Fund for anti-gang suppression; $300 million in new General Funds for local police, another $600 million for local law enforcement, $250 million for a global position system for “gang members”, (et al), $6 million community policing projects, $6 million dollars for juvenile prevention programs for $15 million dollars for safety education, $10 million for victim programs, $10 million for reward monies. 

             Detractors of this proposal state its passage would aggravate the present prison and jail overcrowding.  They contend what is really needed is a re-evaluation of our present criminal sentencing system and special attention to the criminal laws passed in the last 15 years. They also strongly advocate a “Sentencing commission”.    Confronted with a state budget deficit of 10 billion dollars will the voters pass such a proposal?

THE GOVERNORS COMMISSION ON PUBLIC EMPLOYEES BENEFITS

             The Public Employee Post-employee Benefits Commission  is convening their next to last commission meeting today in San Diego before their final report to the Governor due January 1, 2008.  The final meeting is scheduled for December 13 in Los Angeles.  Their executive summary contains 38 recommendations and time does not permit an in-depth presentation of the entire report.  A generalization of the major proposals is:

1.      Partial payments of the potential liability of future employee benefits.

2.      Fund the entire amount of liability.

3.      A hybrid using option #1 with current employees and pay new employees benefits in full.

Further amending the present system by tightening loop-holes, fraud, retirement “spiking” examining self-health insurance programs (similar to Orange County employees and United Auto Workers).  We are hopeful that their proposals will be reasonable and not reduce the hard earned benefits public employees have toiled for years to receive.

S.B.1019 – ROMERO- LEGISLATION THE RELEASING OF PEACE OFFICERS PERSONNEL RECORDS

             Presently this regressive legislation is held in the Assembly Public Safety Committee after “No Motion” for passage.  The Assembly Rules Committee, chaired by the Speaker of the Assembly could ask the committee to re-hear the legislation.  The fate of this legislation very possibly could be dependent on the passage of Proposition 93, the term limit proposal, to be voted on in the state election February 2008.  Several months ago this proposal was enjoying a 59% approval rate by several polls.  Recent polls have shown in the past 3 months the approval rate has dropped 10%. History has demonstrated that ballot initiatives must have a major acceptance by polling prior to elections to have any chance of passage. This change of acceptance bodes “defeat”.   Polls have also revealed a majority of Republicans support this initiative.  However, with the passage of Proposition 93 the Assembly Speaker and President Pro Tem of the Senate (both Democrats) would extend their terms to the year 2011.

             In 2010 it is mandatory to redraw the lines of all Senate, Assembly and congressional districts in California.  Would the Republicans leave the present Democratic leadership in power to re-draw district lines?  You may recall Governor Schwarzenegger has stated, “Unless re-districting is proposed, he would oppose Proposition 93 term limits”.  This past Tuesday, December 3, 2007, the Governor announced he was backing a re-districting state ballot measure.  Recently the State Insurance Commissioner, Steve Poizner agreed to head the opposition to Proposition 93 and will commit a large sum of his money to defeat this proposal.  Additionally, the powerful California Correctional Peace Officers (with a membership of 31,000 and a P.A.C. of 10 million dollars) announced their opposition and a pledge of 1 million dollars. 

             The latest profile of California registered voters has shown that 20% are Independent voters, 43% Democrats and 34% Republicans.  All of these factors play a part in the “dynamics” of what the future holds.

THE “RICHMAN” PUBLIC EMPLOYEES PENSION AND HEALTH CARE REFORM INITIATIVE

              Informed sources state he has failed in his attempt to quality his initiative.

THE ORANGE COUNTY BOARD OF SUPERVISORS LAWSUIT DECLARING THE 3% AT 50 DEPUTY’S EMPLOYMENT UNCONSTITUATIONAL

            The latest on the Orange County Board of Supervisors attempt to revoke 3% at 50 retirement benefits for Orange County deputy sheriffs is as follows:  The Orange County Board of Supervisors has presently retained the 3^rd law firm from Chicago (Kirkland and Ellis) to advise them on whether the contract granting retroactive compensation to Orange County Deputy Sheriffs is constitutional.  The rumors are the supervisors will proceed with a lawsuit.  Wayne Quint, President of the Orange County Deputy Sheriff states the legal fees to them will be 1.5 million dollars, plus costs if it proceeds through the system to the U.S. Supreme Court.

HAWAII APPELLATE COURT DECISION PROBATION OFFICERS VIOLATION OF FIRST AMENDMENT ACT.

             The case has not been re-heard and several probation departments in California have given guidelines to their probation officers to advice probationers of their options regarding rehabilitation programs.

           Next year’s elections and the second half of the current two year session, coupled with the fiscal deficit will offer numerous challenges.  I feel confident that our state and local government leaders will lead us in preserving justice for all and continue to improve our quality of life.

 STAY SAFE!