(Minutes not formally adopted
until next meeting)
Meeting Date: December
1, 2003
Board Members Present: Shelley Smith
(President), Jule Bishop (Treasurer), Judith Reel (Secretary),
Rosemary Chavez - by proxy (Criminal Director), Christine McCall
- by proxy (Civil Director), Eskel Solomon (Civil Director)
I. Old Business
A. Evaluation of Office Expenditures
and Lack of Salary Savings
As was reported in previous minutes, the Board
is undertaking a review of the City Attorneys budget and
expenditures in response to members concerns about possible
fund diversion and in order to determine why there is no money
available for merit and promotion. As a starting point, the Board
asked management to provide a list of all personnel, their assignments,
and salaries, and management agreed to provide the information.
At the end of October, there was a published decision, Teamsters
Local 856 v. Priceless, LLC (2003) 112 Cal.App.4th 1500, which
held that salaries paid to public employees were not necessarily
public information. In light of that decision, the Board agreed
that it would accept a list of all personnel and their assignments,
without any salary information, and at a meeting on November 20,
management agreed to provide such a list.
Approximately one week after the November
20 meeting, the Association asked management to provide a production
date, and management responded that it had changed its mind and
in light of the Teamsters decision would not provide a
list of all personnel employed by the Office and their assignments.
Management now contends that the area of assignment of a public
employee is not a matter of public record.
Some Board members present discussed their
belief that management is seeking to unlawfully and unreasonably
prevent an investigation into its personnel practices and spending
decisions. The Board voted unanimously to authorize SEIU, Local
347, to file a formal demand for the information requested, and
if that demand is denied, to file an Unfair Labor Practices Charge
with the Citys Employee Relations Board. The basis of the
charge would be that management is unlawfully preventing the Association
from effectively representing its members. We will keep you apprised
of further developments.
B. Retirement Pension Formula
The Board will consider the issue at the next
meeting, and has invited Phil Sugar to attend to discuss his efforts
to seek an enhanced retirement formula. After the Board meeting,
Shelley Smith, Judy Reel, and SEIU Local 347 General Counsel Bob
Hunt met with Phil Sugar and Sam Olson (a City Engineer and one
of the original proponents of the most recent drive to obtain
an enhanced retirement formula). Messrs. Sugar and Olson explained
that they sought an enhanced retirement formula, and all present
discussed how to fund such an enhancement. It was recognized that
the increase in City costs created a major obstacle during the
last round of retirement negotiations.
The Board members present and Bob Hunt all
expressed support for the efforts of those pressing for an enhanced
retirement formula, and discussed how the Association and Local
347 could assist. Shelley Smith and Bob Hunt will arrange for
Messrs. Sugar and Olson to obtain the actuarial reports used to
analyze the retirement formula which was the subject of a recent
election, and Shelley Smith will assist, if needed, in arranging
for them to make a presentation to the coalition of city employee
organizations which jointly negotiate civilian pension formulas.
C. Board Election
The following submitted petitions to run for
open seats on the Board: Shelley Smith for President, Mary Dennis
for Vice-President, Judith Reel for Secretary, Lisa Berger for
Proprietary Director, and Christine McCall for Civil Director.
There were no contested seats, and accordingly the Board voted
to approve the election without the need for and expense of formal
balloting. The Board voted to take up the issue of filling vacant
Criminal Director seats at the next meeting.
This meeting represented the last Board meeting
of outgoing Proprietary Director Eskel Solomon. The Board expressed
its appreciation for his years of service, and Eskel said it was
an honor to serve.
II. New Business
A. Member Access to City Hall East
After the Office move to the lower floors
in City Hall East, visitors to the building must enter on the
second floor and obtain a visitors badge from building security
personnel. Attorneys and office personnel assigned to work in
the building are issued a picture identification card, which allows
them to enter the building without having to obtain a visitors
badge. Some Association members who work in buildings other than
City Hall East routinely have business to conduct at City Hall
East and have complained about having to obtain a visitors
badge for each visit.
Board members spoke to management about the
issue, and management agreed that those attorneys who are assigned
to work at buildings other than City Hall East and yet often have
business to conduct in the building may obtain a picture identification
card which will allow them to access the building without the
need to obtain a visitors badge. Attorneys wishing to obtain
such a card should contact Personnel Director Sandra Peelen. Unlike
cards issued to personnel who are assigned to work in the building,
the cards will not have the magnetic stripe which is needed to
access the internal hallways and restrooms, but management states
that such a card can be obtained from the receptionist located
on each floor.
B. Governance Review
Board members spoke about their desire to
update the Association by-laws in order to make the organization
more responsive to its members. Some areas which might be the
subject of an amendment include allowing for elections to proceed
by electronic mail when the technology becomes available, reorganizing
the slate of officers, and allowing the Board to remove members
who no longer attend meetings. Board members will query the membership
in the questionnaire to go out early in 2004 and voted to ask
Board member Lisa Berger to propose topics regarding governance
and the Associations by-laws particularly ripe for review.
C. PAC Policies
The Board voted to renew its PAC policies
which allocate to the PAC account $1.00 per member per pay period.