State Prison Guard Contract Under Fire
Posted: 7:49 am PDT May 18, 2004
SACRAMENTO -- Attorney General Bill Lockyer won support from
the state Senate on Monday in his battle with the politically
powerful prison guards' union, as senators approved a bill that
would overturn a portion of the union's contract. Meanwhile, several Senate Democrats said they would call Tuesday
for the Legislature to block the guards' lucrative pay raises. Lockyer is contesting a portion of the contract that requires
investigators to turn over confidential information to prison
employees who are under investigation for wrongdoing. The attorney general contends the provision violates other state
laws protecting the confidentiality of criminal investigations. An
arbitrator recently declined to rule on the provision. "It's like playing a high-stakes game of poker and showing your
opponent your hand before placing the bet," said Sen. Gloria
Romero, D-Los Angeles. The bill prohibiting the practice is one of several reform
measures sought by Romero, who chairs a prison oversight committee. Lance Corcoran, vice president of the union, the California
Correctional Peace Officers Association, said the disclosure
requirement is designed to help resolve complaints against prison
employees quickly and as cheaply as possible. Ending the provision
would sharply drive up lawsuit and settlement costs, he said. Critics say the disclosure requirement makes it more difficult
to conduct investigations of prison conditions. Those probes are also hampered by a "code of silence" among
adult and youth prison employees that protects wrongdoers while
punishing whistleblowers, according to a series of national
experts' reports, a scathing review by a federal court-appointed
monitor and Senate hearing witnesses. Though Romero's bill was approved by the Senate on a 32-0 vote,
Corcoran said the union will try to make its case against the
measure in the Assembly. The contract's pay increase provisions also are drawing renewed
fire. Gov. Arnold Schwarzenegger, in last week's revised budget
proposal, called for shaving $300 million off the cost of the
contract by trimming salary increases along with overtime and sick
leave costs. He also made it easier for legislators to block the raises by
making it a separate item in his budget plan. Sen. Jackie Speier, D-Daly City, who with Romero has chaired
several prison oversight hearings, has support from about a dozen
Senate Democrats to block funding for the raises this year, a
spokeswoman said Monday. Speier and other senators planned to hold a news conference
Tuesday to announce the pledge, which they said would send "a
strong message" that the union must renegotiate its contract. Corcoran said the senators' stand "may be a bit premature, in
that we are in discussions with the administration and we may be
able to work out something. It continues to be an uphill battle,
but we remain hopeful." The issue could surface before a Senate budget subcommittee
Wednesday. New Senate Republican leader Dick Ackerman of Fullerton is a
member of that committee. Republicans, he said, want to renegotiate
each of the states' labor contracts signed by former Democratic
Gov. Gray Davis to save the combined $465 million sought by
Schwarzenegger. "If we're going to do it, if we're going to be fair, we ought
to look at all of them," Ackerman said.
Copyright 2004 by KTVU.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.





















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