URGENT UPDATE: Assembly Bill 340 / Pension News

There has been great concern from PPOA members regarding Assembly Bill 340 (Furutani) and its impact on our pensions. This email blast is intended to keep you up-to-date with the latest news and information so you can make informed decisions regarding your career and retirement.
 
AB340 initially proposed pension changes intended to eliminate spiking and other unfunded liabilities for 1937 Act County pension funds (LACERA is included in this group). PPOA worked with LACERA to ensure that, if this bill was signed into law, we had a clear understanding of its impact on our members. With PPOA's input, LACERA determined that this bill would have NO IMPACT on our retirement system as it is today.

All this is moot as this bill was gutted and all the pension changes specified in the bill have been removed. This bill now calls for the creation of a conference committee to craft responsible, comprehensive legislation for state and local pension systems. All along, PPOA has been working towards this goal. Rather than have emotion-driven legislation that negatively impacts our pension system without true consideration of its effectiveness, we believe open dialogue and communications will allow us further opportunity to provide input on what works and doesn't work for public employee pension funds.
PPOA will be active in communicating with members of this conference committee to protect our pensions and to ensure LACERA's continued effectiveness in providing pensions for all current and future county retirees.
 
Based on this updated information, we believe there will be no pension legislation before the end of this year. We will keep you posted of any changes related to pensions as we learn of them to help keep you informed about your retirement needs.
 
Brian Moriguchi, PPOA President

PPOA Delegates Dinner Meeting / Sept. 8th @ Luminarias

PPOA delegates will meet for a dinner & discussion on Thursday, September 8, 2011 at Luminarias in Monterey Park. Current delegates are asked to call (323) 261-3010 to RSVP no later than Aug. 18th. Those interested in becoming a delegate and joining us at Luminarias are asked to email Greg Torres: gtorres@ppoa.com

PPOA Board Elections

Seven seats on the PPOA board of directors will be up for election this fall. Those interested in running for a seat must submit a nominating petition to PPOA no later than September 15, 2011. A copy of the petition can also be found in the August issue of Star & Shield.

PPOA Files Claim with County re: Supervisor Compensation

Last April, PPOA mailed a notice to LASD sergeants who are members of PPOA. That memo indicated that sergeants who are earning less than a deputy they are supervising may request additional compensation. PPOA then arranged for attorneys Steve Silver and Elizabeth Tourgeman to meet with sergeants and lieutenants to discuss this subject.

August 2007 Update: Subsequent to a meeting with our attorneys, we have filed a claim with the County and are waiting for a response. We are hopeful that further negotiations will occur but anticipate that we will be forced to continue with legal action. Even if you have previously submitted a request for compensation, if you are given another form to complete requesting the compensation, please compete it (and keep a copy.) We will keep you updated as this progresses.

The need for LASD sergeants/lieutenants to request additional compensation per the County code is due to the addition of longevity and/or bonus pay that may result in deputies being paid more than their supervising sergeants. County Code states that a sergeant must make $1.00 more than the highest paid subordinate.

A sample "request" form is available here:

If you feel you are eligible for this additional compensation, you must submit the request in writing.

If you have any further questions, please call either Marlyne Rinaldi or Teresa Machado at PPOA: (323) 261-3010.

PPOA Wins First Round of 4850 Time Discrimination Lawsuit; County Files Appeal

In April 2007, Attorney Steve Silver reported that the Superior Court ruled in PPOA's favor regarding "4850 leave." July 2007 update: The County has officially filed an appeal, which means the case will be tied up in the Appellate Court for quite awhile.

Meanwhile, if you believe this case applies to you yet you were NOT named as a plaintiff, please call Steve Silver at (310) 393-1486. Only those named in the suit will be covered by an eventual ruling.

The following is Steve Silver's explanation of the Superior Court's original ruling:

April 25, 2007

Re: Los Angeles County Professional Peace Officers Association; et al. v. County of Los Angeles; Board of Retirement, Los Angeles County Employees Retirement Association; Los Angeles County Superior Court Case No. BC 343502

Dear Paul Roller (PPOA Exec. Director),

As I advised you by telephone, late yesterday afternoon the Court ruled in favor of PPOA and the Individual Plaintiffs in the above-captioned matter. Judge Bryant-Deason adopted our contentions that the failure to provide the deferral year-end cashout of deferred excess vacation benefits to employees who were on "4850 leave" at any time during the deferral year constituted a violation of Labor Code 4850, a denial of equal protection and a violation of the public policy that employees filing Workers Compensation claims for industrial injuries shall not suffer any discrimination. She found that there was no rational basis to support the disparate treatment. The Court differentiated this case from the earlier Court of Appeal decision involving District Attorney Investigators (Kupper and Layne) because, in this case, the Sheriff's Department failed to establish through any competent evidence that there was a statistical probability that the Plaintiffs would not have received the deferral year-end cashout had not they been on "4850 leave" at any time during that year because they would have been forced to use those deferred excess vacation hours before the end of that year. She also rejected all of the "red herrings" presented by the attorney for the County.

Judge Bryant-Deason directed this office to submit a proposed Statement of Decision on or before May 4, 2007. The attorney for the County was then given an opportunity to submit objections or proposed revisions. A hearing, if necessary, to resolve any disputes, has been scheduled for May 25, 2007 at 8:30 a.m. in Department 52.

Once a Statement of Decision has been rendered and Judgment has been entered, the County will have sixty (60) days following service by mail by either the Court or us of a Notice of Entry of Judgment within which to file an appeal. At this time, I have no sense as to whether the County might choose that course of action.

Naturally, I am extremely pleased with the outcome of the trial. Special thanks should be given to retired Chief Mike Soderberg and Plaintiffs Steven Weisgarber and Steven Petersen whose testimony contributed to the positive result.

I will continue to keep you advised of all significant developments as they occur. Meanwhile, if you have any questions or if I can be of further assistance, please let me know.

Sincerely,

Stephen H. Silver
SILVER, HADDEN, SILVER, WEXLER & LEVINE

Wanted: New PPOA Delegates

The timing has never been better to join more than 160 PPOA delegates around the County. Now that we've progressed well beyond 8,500 members, PPOA is looking for new delegates to represent the various stations, jails, and law enforcement facilities through Los Angeles County. If you would like to attend quarterly dinner meetings and receive monthly information packets from your union for distribution to co-workers, call PPOA and ask for Greg: (323) 261-3010. Most quarterly dinner meetings are held on weekday evenings and generally include discussions on all significant issues facing PPOA members. Guest speakers in the past included Sheriff Lee Baca, D.A. Steve Cooley, Senator Gloria Romero, and more...

Ready to become a PPOA delegate? Contact Greg at (323) 261-3010 or gtorres@ppoa.com

Photo: Delegates discuss Overtime issues with PPOA board and staff members

Body Scan International to Offer FREE Scans at PPOA Headquarters

Body Scan International (BSI) occasionally stations its mobile scanning unit at PPOA headquarters. For more information or to set an appointment, call BSI at (888) 724-8439. The non-invasive procedure (value: $795) is offered free to PPOA members who carry ALADS Blue Cross insurance.

Link: Body Scan International website