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Recent Examples of Government Waste, Fraud and Mismanagement

Salaries

  • Despite Budget Problems, CSU Continues Offering Generous Salaries. The California State University Board of Trustees voted unanimously July 13 to keep the annual salary of incoming Cal Poly interim President Robert Glidden roughly the same as that received by outgoing President Warren Baker, who is retiring at the end of the month after 31 years as president.

    Mr. Baker is paid $328,209 per year, making him the highest-paid of the 23 CSU presidents. The brand new president, who is slated to begin at Cal Poly on August 1, will receive $328,200 – just $9 less than the 31-year veteran.

    The CSU board also voted to provide Mr. Glidden with a university-owned vehicle and housing on the Cal Poly campus. The outgoing president receives a $60,000 housing allowance per year for his off-campus residence, plus a $1,000-a-month car allowance.

    Mr. Glidden, 73, previously served as the president of Ohio University from 1994 to 2004.

    The board also voted to provide interim San Jose State University President Don W. Kassing with a $328,200 annual salary, a $25,000 supplement from private donation money handled by a university foundation, a car or a $1,000-a-month car allowance, and a home at the university.

    The CSU's recently appointed vice chancellor and chief academic officer, Ephraim P. Smith, will receive $285,000 this year, plus a $1,000-a-month vehicle allowance, the trustees decided. (Source: San Luis Obispo Tribune, July 14.)

    Cal-Tax recommendation: As part of the annual budget process, the Legislature and governor should take a close look at the salary structures of California's taxpayer-funded schools, to determine how much money is being soaked up by overly generous administrative salaries and perks instead of going into classrooms to help students.

  • Convicted Sheriff Collects Pension Pay. Convicted last year for tampering with witnesses, former Orange County Sheriff Michael Carona collected $215,000 in retirement payments in 2009.

    Data revealing Mr. Carona's retirement pay was included in a new report from the Orange County Employees Retirement System because of a lawsuit by the California Foundation for Fiscal Responsibility, a pension reform group.

    According to the report, 36 percent of the retirement payments to the county's highest pension earners go to former Sheriff's Department employees.

    Many of the county's high public safety pensions were approved 10 years ago. Orange County Supervisor John Moorlach recalled: "It was right after September 11…. All of a sudden, public safety people became elevated to god status…. The Board of Supervisors were tripping over themselves to make the motion."

    The report includes other information about high-earning retirees, including former Treasurer-Collector Robert L. Citron, who received $142,000 last year. Mr. Citron was responsible for poor investment decisions that led to Orange County's bankruptcy in 1994. More than 400 Orange County pensioners earned more than $100,000 in 2009.

    Orange County's pension system currently faces a $3.7 billion unfunded liability. (Source: Los Angeles Times, July 9.)

    Cal-Tax recommendation: Local governments should actively embrace pension reforms to make their pension systems sustainable.

  • San Jose College Leader Worked Another Job While on Sick Leave. The San Jose Mercury News reports: "A top executive at the financially troubled San Jose/Evergreen Community College District earned a full salary while on sick leave this spring — yet, during that same period, she earned a separate salary teaching at another nearby district."

    Bayinaah Jones, whose title at the San Jose district is executive director of institutional effectiveness, earned $30,672 on sick leave there, but apparently was healthy enough to hold down a $5,775 teaching position in the Foothill-DeAnza Community College District.

    The revelation follows a searing state audit of the San Jose district's books. Auditors were critical of spending by former Chancellor Rosa Perez, who is Ms. Jones' live-in partner, and who also took paid sick leave — for eight months, earning $25,000 each month – until retiring this month due to health reasons.

    Records show that Ms. Jones took sick leave from her $123,000 position – "per my physician's order," she wrote in an e-mail message – in April, May and June of this year. She said she remains sick "until further notice."

    During those same months, the Mercury News reported, she commuted to a job teaching Introduction to Sociology classes at DeAnza College, for three hours a night every Monday and Wednesday during the spring quarter. In e-mails to the newspaper, both DeAnza and San Jose/Evergreen confirmed Ms. Jones' employment. However, Ms. Jones told the newspaper in an e-mail: "I do not have concurrent employment. Your information is incorrect." She declined to explain further, and referred questions to school officials who said they would not comment because the situation involves confidential medical information.

    The state Department of Finance said the district's board is fiscally responsible for Ms. Jones' behavior.

    The Mercury News noted that budget cuts have resulted in the cancellation of classes and lay-offs of 19 workers last year. "They sacked several employees whose only crime was to remain at their posts," said San Jose City College photography professor Ciaran MacGowan.

    The situation involving Ms. Jones "shows a complete lack of respect for taxpayers, students, faculties and administrations of both districts," said Randi Kinman, a former San Jose planning commissioner who now helps lead the nearby Sherman Oaks Neighborhood Association. (Source: San Jose Mercury News, July 5.)

    Cal-Tax recommendation: School officials should examine how their existing policies allowed this situation to occur, and should make sure it doesn't happen again. They also should thoroughly assess Ms. Jones' claims and take disciplinary steps if warranted.

  • Small Cities Offer City Managers Big Bucks. A June 30 report by the Placer County Grand Jury found that the cities of Auburn, Colfax, Lincoln, Rocklin, Roseville and Loomis are paying their city managers excessive salaries and other benefits. The grand jury said the city managers are receiving pay comparable to city managers in the San Francisco Bay Area, where the cost of living is 30 percent higher.

    Compensation of City Managers in Placer County, 2009-10

    City

    Pop.

    2009-10 City Budget

    Total Compensation

    Other Benefits

    Auburn

    12,500

    $28.25 million

    $165,154

    Car allowance, $4,800.

    Colfax

    1,750

    $8.52 million

    $75,000

    Mileage reimbursement of 55 cents per mile. Bonus of up to 10 percent of base salary.

    Lincoln

    37,410

    $46.16 million

    $279,781

    Car allowance, $8,400. Relocation pay, $18,000.

    Rocklin

    54,754

    $61.20 million

    $300,398

    None.

    Roseville

    112,343

    $447.20 million

    $393,675

    Car allowance, $9,000.

    Loomis

    6,300

    $3.22 million

    $132,671

    Car allowance, $3,600. Relocation pay, $3,000.

    While the grand jury noted that the pay for city managers is very generous, the report indicates a welcome trend in Placer County – with declining tax revenues during the recession, a number of cities are beginning to scale back pay and retirement benefits. For example, Auburn, Colfax and Lincoln each cut compensation packages for their city managers. The Auburn City Council and manager recently agreed to scale down the city manager's pay by $15,160, bringing the salary to $132,371.

    In Rocklin, Carlos Urrutia retired from his post as city manager in 2009, after 25 years. Mr. Urrutia will stay on the city's payroll working for a fixed annual stipend of $139,000 with no benefits until the city finds a replacement. In addition to paying the stipend and Mr. Urrutia's retirement benefits, Rocklin taxpayers will shell out $300,000 in 2010 for Mr. Urrutia.

    Roseville – California's fastest-growing city, according to data from the Department of Finance – recently parted ways with City Manager Craig Robinson and agreed to a severance contract offering Mr. Robinson one year of pay and benefits, amounting to a package of $393,675. Roseville's assistant city manager took over with a much smaller salary of $185,226. (Source: Placer County 2009-2010 Grand Jury Final Report: "City Managers' Salaries, The Delicate Art of Setting Salaries," June 30.)

    Cal-Tax recommendation: Cities throughout the state should examine their pay structures for all city jobs and look for ways to reduce payroll, pension and fringe benefit spending so they can provide needed services at the lowest possible cost.

  • Placer County Approves More Than $1 Million in Raises for County Employees. The Placer County Board of Supervisors met June 22 and approved new employee contracts that will likely cost taxpayers more than $1.3 million a year.

    The county approved new pay and compensation packages for adult services chief psychiatrist Dr. Olga Ignatowicz ($371,372 annually); health and human services employee Dr. Richard Malek ($303,193 annually); county forensic pathologist Dr. Donald Henrikson ($297,797 annually); and also approved salaries of $181,680 and $150,115 for two county psychiatrists.

    Law enforcement and public health officials lobbied the Board of Supervisors for the pay raises, claiming they were needed to keep government jobs competitive with private-sector jobs. Also, public employees noted that they hadn't received a pay raise in four years.

    Supervisor Kirk Uhler, who represents the communities of Roseville and Granite Bay, justified his decision to support the pay increase, saying: "Market forces are at work. It's what the market bears." (Source: Roseville Press Tribune, June 30.)

    Cal-Tax recommendation: Placer County has been using reserves, furloughing employees and taking other steps to deal with major declines in revenue. The county shouldn't negate this work by granting salary and benefit increases that will be very costly in the long term.

  • San Diego School District Spends $2.3 Million to Rehire Retirees After Giving Severance Deals. The San Diego Unified School District, after offering early retirement to more than 1,000 of the district's highest paid employees, has begun rehiring these same employees.

    The district chose to offer early retirement to a number of employees as a cost-saving measure that was projected to save the district more than $41 million. The early retirement incentive was that if an employee chose to retire, the district would offer the employee one year of pay without working. Now, the district claims that it is suffering from a "brain drain," and has rehired district workers.

    For example, the district rehired Karen Bachofer, an employee who oversaw school research and evaluations. When she left, Ms. Bachofer had an unfinished project to determine if students met certain college admission requirements. She was quickly rehired by the district and paid $10,000 to complete her project while earning her normal salary of $134,000, which the district paid out as an early retirement agreement.

    The district originally intended to rehire three dozen employees after offering them early retirement. Instead, more than 10 times that number were rehired. Since offering early retirement last year, the district has spent $2.3 million to rehire employees and paid $24 million to employees for taking early retirement. (Source: Voice of San Diego, July 2.)

    Cal-Tax recommendation: The school district should rethink its management strategies, and residents of the district should get involved to force the district to be more prudent with the tax dollars it receives.

  • Bell City Council Members Paid Nearly $100,000 for Part-Time Service. The Los Angeles County District Attorney's Office is investigating why members of the Bell City Council are being paid $8,083 a month for their part-time service on the council. A letter from the district attorney notes that under state law and based on population, part-time city councils should be paid $400 a month.

    The district attorney's representative said it appears that members of the City Council are receiving a base salary of $150 per month, and then are inflating their pay by nearly $8,000 a month by receiving salaries for serving on various bodies including the Community Redevelopment Agency, Public Finance Authority and Surplus Property Authority. The population of Bell is approximately 40,000.

    Bell's vice mayor said the $8,083-a-month figure is misleading, because it includes the cost of medical insurance, retirement and other benefits. (Source: Los Angeles Times, June 24.)

    Cal-Tax recommendation: District attorneys throughout the state should examine whether other city councils are engaging in similar shenanigans.

  • San Diego Official Promised to Take Pay Cut, but Says Oversight Kept Full Salary in Place. The San Diego Union-Tribune reports: "The San Diego city auditor, in charge of holding officials accountable for how they spend taxpayer money, neglected to sign documentation that would have led to his overall compensation being reduced by $5,000 during the past year. Eduardo Luna, who was hired in 2007 but became the city's first independent auditor last year, had promised to take a 6 percent pay cut along with nearly 10,000 other employees to help solve a budget crisis. But Luna took only about half the proposed cut after he failed to sign paperwork to change the city's matching contributions to a retirement account."

    The issue became part of a larger City Council discussion June 14 after an internal document showed that the promised benefit changes had never been applied. Councilman Todd Gloria then questioned whether Mr. Luna had indeed taken the full 6 percent reduction in compensation as required by his contract.

    Mr. Luna took responsibility for the mistake and said he is working to reimburse the city for the roughly $5,000 he received. He said he overlooked signing the form and didn't realize his error until he was notified in April.

    Under his contract, Luna makes $168,000 annually. He intended to give up two separate city matches to his retirement account, which would have saved the city $10,080. Half of that total didn't require any action on his part. Because the money involved was a city match, there was no change in his take-home pay, and Mr. Luna said he had no reason to believe he wasn't complying with his promise to take the cut. (Source: San Diego Union-Tribune, June 15.)

    Cal-Tax recommendation: We applaud Mr. Luna for owning up to the mistake and promising to reimburse the city, and we hope that this situation prompts all city officials to keep a closer eye on employee pay issues.

  • During Budget Crisis, University of California Adds to Ranks of Highly Paid Senior Officials. The San Francisco Chronicle reports: "It has been a period of austerity at the University of California, with layoffs, across-the-board pay cuts and fee hikes. Yet some UC employees earned significantly more money in 2009 than in 2008, with two more million-dollar earners added to the payroll, new salary data show. The number of UC employees classified as 'senior officials' – earning more than $214,000 in total compensation – rose 6.3 percent, to 3,184 from 2,996 people. Lucrative overtime pay also rose sharply. Employees earning more than $10,000 in OT climbed 79 percent, to 2,733 from 1,531 employees."

    The paper noted that UC's top overtime earner, an operating room nurse at UC San Francisco Medical Center, took in nearly $97,000, boosting her total compensation to more than $320,000. The figures come from payroll data for 250,249 people paid by UC in calendar year 2009, and from UC's new report on executive compensation. (Source: San Francisco Chronicle, June 3.)

    Cal-Tax recommendation: Clearly, operating room nurses are crucial employees who deserve fair compensation, but massive overtime spending raises red flags about possible management problems. State lawmakers should review the UC's pay and management policies as they craft the new state budget.

  • Bay Area Public Employees Help Push Local Governments Into Bankruptcy. While many Bay Area local governments are nearly bankrupt, a Santa Clara County Grand Jury reported May 26 that public employee compensation has far outpaced cost-of-living expenses, pay granted to similar private-sector positions, and revenues generated by local governments. The 33-page report charged city councils with bending to local unions to favor public employees, rather than the funding needs of their cities.

    The report notes that public employee salaries have continued to rise "even when the economy struggles." Since 2000, most public employees' wages and pensions have increased 37 percent, while fire and police officer compensation has increased 41 percent.

    San Jose Mayor Chuck Reed and City Councilmen Pierluigi Oliverio and Pete Constant have recently called for city employees to accept a 10 percent cut in pay and benefits. They said the report backs up their position.

    The report said that the primary compensation problems are that many employees are not required to contribute much to their employer health plan, employees are given large "cash-out" bonuses for unused sick leave and vacation time, and that retirement pension benefits have been increased 25 percent to 50 percent. Menlo Park voters will have the option of scaling back public employee retirement benefits this November, since the City Council decided to place a pension reform measure on the ballot.

    Public employee unions criticized the report's methodology and claimed that the conclusions are ill-informed. (Source: San Jose Mercury News, May 27.)

    In related news, the Contra Costa Times reported that a new database has been developed by the Bay Area News Group to let people view and search public employee salaries. The database shows that taxpayers paid $12.2 billion to fund the salaries of government workers in 109 government agencies in the Bay Area last year.

    The database points out several examples of employees making several hundred thousand dollars per year. For example, Nancy Farber, chief administrator of a hospital in Fremont, received $847,811 (her pay dropped $30,000 from 2008); Charles Keohane, a San Francisco policeman, received $516,118; and Jana Dolnikova, a doctor at a Santa Clara hospital, was paid $507,748. (Source: Contra Costa Times, May 24.)

    Cal-Tax recommendation: Massive salaries for government workers are not sustainable, and they make it difficult for local governments to provide quality services for residents who need them. Every local government should take a hard look at its salaries and benefits, and should correct problems that have been allowed to grow.

  • Local Government Employees Doing Well – One City Manager Makes $460,000 a Year. The Orange County Register's OC Watchdog blog reported May 17 that a compensation study by graduate students from Brandman/Chapman and Pepperdine universities found that city managers are doing quite well in that area.

    In addition to determining the standard salary, benefits, deferred compensation and pension contributions, the students asked the county's 34 cities how much was spent on the city manager's vehicle purchase/payments, car insurance, car repair, car maintenance, gasoline, cell phone equipment and usage, toll road fees, in-home computer/office equipment, dues and subscriptions, travel and meetings, payouts for unused vacation and sick leave.

    The most highly compensated city manager in Orange County is not from Anaheim or Santa Ana -- its largest cities -- but from one of its smallest cities: Bruce Channing of Laguna Hills, at $460,809, the report says.

    In the two largest cities, Anaheim's David M. Morgan received $317,923, while Santa Ana's David N. Ream received $327,074.

    Earning the least is the executive of Villa Park. The city manager there works 32 hours a week and receives $170,920.

    "This study may well serve as a wake-up call to citizens to question the adequacy of municipal financial data," Barbara Kogerman writes in a forward to the report that her students prepared. "'Transparency,' a popular buzz-word among politicians, is easy to claim but difficult to find; obscurity is the more common practice."

    Meanwhile, the Daily Post of Palo Alto reported May 17 that top officials in the Burlingame Police Department will receive 2 percent salary hikes for three years, despite the city's budget problems.

    The current average salary for a sergeant is $139,532 plus benefits, while a police captain receives $180,852 plus fringe benefits. (Sources: OC Watchdog blog and Daily Post, both May 17.)

  • San Luis Obispo County Paid Half a Million to Workers on Leave. The Tribune of San Luis Obispo reports that over a three-year period, the county paid $519,460 to 60 employees who were on leave while their work performance was being investigated. The figure comes from a civil grand jury report on the county's disciplinary procedures.

    The grand jury found that the average administrative leave lasted 31 work days. Because of personnel confidentiality rules, the grand jury did not identify those who were placed on leave.

    The discipline system was found to be "appropriate," but the grand jury recommended that the county increase its training of managers. Supervisors "occasionally fail either to notice or to document employee behavior that falls short," the grand jury wrote. It cited three cases in which employees were marked satisfactory, "when subsequent investigation revealed that the behavior had been unacceptable."

    Grand jurors said they did not know whether this was due to an oversight by the supervisor, a failure to document inadequacies, "the supervisor did not have the courage or the skill to provide the employee with honest feedback," or some other reason. (Source: The Tribune, May 12.)

    Cal-Tax recommendation: Despite the lack of names in the report, the media reported that some of the leave was paid to people who made headlines for inappropriate behavior, including a woman who was let go for failing to disclose that she was in a relationship with a union official with whom she was negotiating a county contract. This raises the question of whether all employees should be placed on paid leave during investigations, or whether some wrongdoing is so obvious that there is no need to take the precaution of paying the employee during the investigation. To the extent that it is possible to do so, the county should keep its options open.

  • More Than 33 Percent of San Francisco City Employees Paid Over $100,000. When San Francisco's taxpayers ponder where their tax dollars are going, they need to consider the following: according to the San Francisco Chronicle, one in three city workers was paid more than $100,000 last year. That figure includes overtime, but excludes benefits such as health care and pensions.

    The paper reported that out of 27,000 people who work for the city of San Francisco, 9,487 reached the six-figure club. The average city worker salary was $93,000, according to Deputy City Controller Monique Zmuda.

    Steve Falk, president and chief executive officer of the San Francisco Chamber of Commerce, said state Employment Development Department data shows that city workers earn 20 percent more than those in the private sector. In addition, they have significantly better health and pension benefits.

    Bob Muscat, head of the Professional and Technical Engineers Local 21, said, "City government is becoming increasingly technical and more sophisticated, and you have to pay for the talent."

    San Francisco is facing a $483 million deficit in 2010-11. (Source: San Francisco Chronicle, April 26.)

    Cal-Tax recommendation: Salaries and benefits should be brought in line with job responsibilities and private-sector standards, so more tax dollars can be freed up to help those truly in need.

  • Ventura Reaffirms Increase in Firefighters' Pensions. The Ventura City Council voted 4-3 on April 26 to reaffirm an increase in firefighters' pension benefits, despite a city budget shortfall of approximately $7 million.

    The deal, originally approved in August 2008, increases retirement benefits from "2 percent at 50" to "3 percent at 55" (allowing a rank-and-file firefighter to retire at age 55 with a pension equal to 3 percent of his or her last year's pay, multiplied by years of service). This will cost the city $548,271 in additional pension contributions in 2010-11, and will increase the city's unfunded liability for public safety pensions from $46 million to more than $50 million.

    After the change was passed in 2008, firefighters agreed to postpone the effective date until July of this year. Members of the Ventura County Taxpayers Association lobbied the City Council to ask firefighters for another postponement, but the council rejected that plan.

    Council members who voted to keep the deal in place said they had no choice, because the previous vote was legally binding and changing the deal now would lead to litigation. The firefighters' current contract expires December 31, so negotiations for the next contract will begin soon. (Source: Ventura County Star, April 26.)

    Cal-Tax recommendation: The next contract should not be so generous with taxpayers' money. While firefighters should be fairly compensated for the difficult and dangerous work they do, their benefits should not be so high that they jeopardize the city's ability to stay solvent.

  • San Francisco "Premium Pay" Rewards Cost $86 Million. In addition to their regular salary, San Francisco city employees get $86 million in "premium pay." This extra amount can be amassed by employees who obtain extra education or serve for a number of years. (It is not for overtime worked, which is another big ticket item in the city's budget.)

    For example, the $20 million of premium pay that goes to members of the Fire Department raises their average annual salary, before overtime, to $111,699 per year. Many engineers get an extra 7.5 percent pay boost for knowing how to repair heating and air conditioning systems. Bus drivers get an extra 8 percent for working after 6 p.m. and before 6 a.m. (this is not overtime, but extra pay for working unpopular hours), and 50 cents per hour extra for working in the same division for more than five years, plus free fitness club enrollment. (Source: Phillip Matier and Andrew Ross in the San Francisco Chronicle, April 19.)

    Cal-Tax recommendation: The city should take a close look at whether this added cost for taxpayers is providing any real benefit to the people of San Francisco.

  • Orange County Retirement System Makes $228 Million Mistake. The computer system responsible for determining the cost of future pension benefits to Orange County employees suffered from an "anomaly" and underestimated the county's total pension liability by $228 million, county officials acknowledged. The "anomaly" occurred when the system was being programmed in 2003. When staff installed the computer program, they had the Orange County Employees Retirement System compute data based on faulty assumptions.

    In regard to how the problem will be corrected, OCERS Chief Executive Officer Steve Delaney said: "There are a number of accounting process options available for dealing with the gains and losses as they occur each and every year. We are currently exploring appropriate funding methods with the assistance of our actuary and will discuss those in more detail at our May Board meeting." (Source: Orange County Watchdog, April 21.)

    Cal-Tax recommendation: The county should tighten up its financial oversight, and should determine why it took seven years to discover a computer glitch that threw the books off by $228 million.

  • Public Employees Get Big Bucks in Palo Alto. It is good to be a public employee in Palo Alto. Not only is it a wonderful place to live, but financially, it is very rewarding.

    Overtime pay is up 17 percent in 2009 (from $4.7 million to $5.5 million) – a major increase during a tight budget year. Ryan Stoddard, a fire apparatus operator, earned $77,000 in overtime, giving him a total of $172,000 in take-home pay. Fire Chief Nick Marinaro blamed the situation on the fact that more firefighters than usual were out on disability leave.

    For employees hired before 1983, there is a generous policy allowing them to cash out unused sick leave and vacation time. A janitor for the city, Ted Schroder, got $106,000 added to his 2009 salary of $50,000. He also gets a full pension and lifelong health coverage.

    Despite efforts by City Manager James Keene to rein in expenses in 2009, the city's total payroll grew by approximately $1 million, due largely to raises and payouts negotiated in prior years. (Source: Palo Alto Times, March 24.)

    Cal-Tax recommendation: The city should learn its lesson, and should put tighter restrictions on overtime, coupled with more fiscally responsible salaries and fringe benefits.

  • School Superintendent Gets Huge Payment to Leave One District, Then Gets Hired by Another District and Leads it to Failure. The State Board of Education recently made history by taking over two school districts for academic and leadership failures. The story of how one of the districts arrived at this embarrassing juncture is a textbook example of mismanagement in the public education system.

    The district is the Alisal Union School District in Salinas. The superintendent of the district is Esperanza Zendejas, who formerly was superintendent of the East Side Union High School District in San Jose.

    Ms. Zendejas was forced out of the San Jose district in 2005, after two years on the job, and was given a $337,000 severance deal. Her hand-picked personnel director succeeded her, until he recently was forced out over allegations of what the San Jose Mercury News described as "financial shenanigans."

    After getting the massive severance deal, Ms. Zendejas joined the Salinas area district, where her job performance again led district officials to seek her ouster. The Alisal board asked her to resign, but she refused. The board got her to leave, but only by rehiring her as a $14,000-a-month "consultant." While paying this generous sum, the district also hired an interim superintendent for $168,000 a year.

    Now, the State Board of Education has sent a trustee to take over the district, with the agency citing the school district's failure to progress toward educational standards. The state board also said the district's leaders have problems "managing adult relationships." (Source: San Jose Mercury News, April 4.)

    Cal-Tax recommendation: School boards should do a better job of hiring superintendents, and should not offer severance deals that waste taxpayers' money.

  • Rocklin Gives Early Retirement Deals to City Managers, Then Rehires Them. The city of Rocklin recently gave generous early retirement packages to nine managers in an action described as a salary savings maneuver. However, The Sacramento Bee reports that "rather than sending the retirees off with some cake, the city rehired them for their old roles – as part-time employees."

    Under this arrangement, City Manager Carlos Urrutia will receive $170,000 a year from his California Public Employees' Retirement System pension, even while earning $139,000 from the city as a part-time employee. His total take-home pay will be $309,000, up from his former base pay of $230,000.

    When the managers "retired," Rocklin gave them two years of service credits to boost their pensions, making the double-dipping even more costly.

    City officials say that because the city no longer will be paying medical benefits for the managers, and will not have to contribute any more to their retirement, the city will save more than $700,000 – addressing an immediate cash-flow problem. But Wally Reemelin, president of the League of Placer County Taxpayers, said it is "utterly ridiculous" that "the city is in financial hardship and they give these gold-plated deals to them." (Source: The Sacramento Bee, March 15.)

    (Cal-Tax recommendation: How about just eliminating some unneeded management positions, filling others will lower-paid employees, and cutting back on overly generous benefits? Shuffling employees around does not address the long-term problems, and simply adds to the public perception that government cares more about padding government workers' wallets than about protecting taxpayers.)

  • Sacramento School District Hires Six-Figure Spokesman While Teachers Get Pink Slips. The Sacramento City Unified School District recently handed out 738 pink slips to teachers, notifying them of the possibility of being laid off later this year, but that didn't stop the district from hiring a new spokesman for $114,178 per year.

    Former Sacramento River Cats spokesman Gabe Ross will fill the newly created "chief communication officer" position. Former school spokeswoman Maria Lopez left the district last week to take a job as a communication associate for the California Department of Education, which is having budget problems of its own.

    In an unintentionally ironic statement, Mr. Ross said, "It's a time of great need in the district, and I am looking forward to bringing my experience and expertise to schools when we desperately need all the resources possible." (Source: The Sacramento Bee, March 14 and March 17.)

    (Cal-Tax recommendation: Schools should examine their priorities and focus on their primary duty – educating students. In a time of budget shortfalls, keeping dollars in the classroom should be a higher priority than hiring a six-figure public relations expert to put out press releases saying more money is needed.)

  • Defeated City Councilman Gets Unemployment Benefits. Further evidence that some local officials consider elective government posts as "jobs" rather than public service, John Nunez, a Rosemead city councilman ousted by voters in March 2009, was paid $11,250 in state unemployment insurance compensation. The city protested, but the generous bureaucrats in the Employment Development Department said the city needed to pay the claim.

    The EDD's action, which came despite a clear provision of state law that prohibits unemployment payments to "elected officials" (Section 634.5 of the Unemployment Insurance Code), has caught the attention of two state senators.

    Legislation to spell out to the EDD that "elected officials" include local elected officials (SB 1211, Romero and Dutton) is pending in the Senate Labor and Industrial Relations Committee. (Source: Text of SB 1211; California Unemployment Insurance Code; Los Angeles Times, March 10.)

    (Cal-Tax recommendation: The governor should determine who at the Employment Development Department decided not to follow the law, and should take action to make sure it doesn't happen again.)

  • Teachers’ Union Sues to Get School District to Pay Teacher for Five Days at Family Reunion. The Folsom-Cordova Teachers Union wants taxpayers to pay for the five days that teacher Edith Hiatt took off work to attend a family reunion. Claiming the union's bargained contract with the school district requires Ms. Hiatt to be paid, the union filed suit in Sacramento Superior Court in January.

    Mark Schultz, president of the teachers' union, said, "We have a contract and we feel it should be honored."

    Steven Nichols, a district spokesman, said: "We don't want teachers to go on vacation in the school year, during instructional time. It's an additional cost we cannot afford to spend, especially right now."

    (Cal-Tax: However, the issue is not that clear-cut. Most school boards have caved in to teachers’ unions, and now give time off with pay for "personal necessity," usually amounting to five to 10 days a year. Considering that teachers get ample vacations over summer, two weeks off at Christmas, a week at spring break and Easter, as well as sick leave, allowing additional time off for "personal necessity" is a big boondoggle. The issue in this case is whether attendance at a family reunion is a "personal necessity.") (Source: The Sacramento Bee, March 5.)

    (Cal-Tax recommendation: School boards should not expand the opportunities for teachers to get full pay for not teaching. This is the hidden underbelly of school finance – when schools are promoting additional taxes and students are demonstrating around the state, this benefit and many others like it should be mentioned as areas where savings are possible.)

  • State Employees Getting Millions for Cashing Out Unused Vacation Time. A number of state employees are getting millions of dollars for unused vacation time above limits set by the state to prevent abuse of the system.

    A study by Chase Davis of California Watch, published in The Sacramento Bee and San Francisco Chronicle, said, "State personnel officials acknowledge that at least $100 million, and perhaps tens of millions more, was paid between 2006 and mid-2007 to retiring state employees who went over the state cap."

    The state has a set limit of 80 days' worth of unused vacation days that can be converted to cash on retirement – a very generous benefit in itself. State workers get between 10 days and 30 days a year of vacation, depending on the type of leave, bargaining unit and length of service.

    As of December 2008, more than 14,000 employees on the payroll have banked vacation days in excess of the cap.

    One worker got more than $800,000 in compensatory and vacation time.

    According to the report, "In one case, James C. Tudor Jr., the former president of the State Compensation Insurance Fund, cashed out six times more vacation time than regulators allow, taking home more than $550,000 after he was fired in 2007 in the wake of an internal probe that 'uncovered serious abuses at the highest levels,' according to state Senate documents." (Sources: San Francisco Chronicle and Sacramento Bee, February 28.)

    (Cal-Tax recommendation: The limit should be adhered to, in every case. The over-the-limit payouts and accompanying pension spikes are costing the taxpayers dearly, and this abuse of the system must stop.)

  • Despite Budget Problems, San Diego Assessor and Treasurer Accept Raises. The San Diego Union-Tribune reports: "Budget problems led to layoffs in San Diego County government last year, but pay is still rising for two elected officials. Assessor-Recorder-Clerk David Butler accepted a 4.5 percent raise in his annual salary this month, to $199,139. Treasurer-Tax Collector Dan McAllister received a 3 percent increase, to an annual salary of $155,480."

    Mr. McAllister told the newspaper, "I realize these are difficult economic times and it's awkward out there, but I really hadn't considered (waiving the raise)."

    Two of the county's elected officials did waive raises – at least for the time being. District Attorney Bonnie Dumanis waived an $11,000 increase and Sheriff William Gore waived a $10,000 increase, with both saying they reserved the right to begin accepting the salary increase beginning in July. Both are up for re-election in June.

    The pay hikes were part of a series of scheduled increases approved by the Board of Supervisors in 2007. (Source: San Diego Union-Tribune, January 11.)

    (Cal-Tax recommendation: Elected officials should act as if every year is an election year, and should remember that they are public servants, and their top priority should be making the government work efficiently for the taxpayers. Accepting a pay raise while services are being cut is a sign of misplaced priorities. Also, times are not "awkward," they are downright tough, with California's unemployment rate at 12.3 percent even as a variety of taxes and fees are taking more money out of Californians' family budgets.)

  • Government Workers in San Jose Get Huge Pension Boosts Due to Errors. The San Jose Mercury News reports: "San Jose's employee pension fund, already bleeding money, may be handing out millions of dollars in overpayments, according to a recent audit that calls for a massive review."

    The audit reviewed pensions for 133 of the 486 employees who retired in 2007 and 2008. In 10 percent of the cases, retirees were receiving pensions higher than they were entitled to. The overpayments stemmed from errors in calculating the pay that can be credited toward retirement.

    The audit also found a single retiree who was being shortchanged by the city.

    Major errors involved pay beyond the base salary that should not have been counted toward retirement, but was, and retroactive raises that artificially boosted pensions. One retiree's pension was overstated by $630 a month, the audit found.

    The Mercury News noted that this problem is not unique. In Contra Costa County, former public workers were overpaid for more than a decade because unused vacation time had been counted toward their retirement. San Jose and the local firefighters' union are currently in litigation over a software glitch that incorrectly credited some unscheduled overtime toward firefighters' pensions. (Source: San Jose Mercury News, December 27.)

    (Cal-Tax recommendation: All government pension officials should learn from these cases, and should investigate their own systems to ensure that proper payments are being made. Government pension systems already are creating major financial problems due to the generous benefits that taxpayers provide to retirees, and overpayments just compound the problem and make it more difficult for government to pay its current workforce to provide services.)

  • Pension Spiking Is Rampant in Contra Costa Sanitary District. Columnist Daniel Borenstein of the Contra Costa Times reports that former employees of the Central Contra Costa Sanitary District are getting filthy rich thanks to rampant pension spiking.

    For example, the departing general manager boosted his pension by 37 percent, to $217,216 per year, by cashing out nearly 17 weeks of unused vacation and sick leave time. In retirement, he will receive nearly as much as the $234,163 per year that he took home while working.

    Mr. Borenstein analyzed the records of 32 sanitary district employees who retired in the past five years, and found that more than two-thirds had increased their retirement pay by 25 percent to 41 percent by taking advantage of spiking provisions.

    Methods used:

    • Selling back vacation time and adding the money to the final year's salary;

    • Selling back vacation time at strategic times to increase the pay (vacation time can be sold back once per calendar year, but the pension is based on the final 12 months of pay, so it is possible to use a "straddling" technique to, for example, sell back four weeks in December, four more weeks in January, and then retire in February with all eight weeks added to the final salary);

    • Cashing out sick leave upon termination (up to three weeks' worth);

    • Cashing out holiday pay (up to 13 days of pay for holidays they worked);

    • Adding time to the number of years of service by counting unused sick leave, with no limit on the amount that can be accrued – some workers had more than a year's worth of sick leave when they retired, and they could apply this to their years of service, including the three weeks that they sold back to boost their final pay!

    Mr. Borenstein writes: "Vacation time should be for workers to take time off and refresh themselves. Sick leave should be available for illness. … The way the system works now, employees in retirement collect the value of the unused vacation and sick leave over and over again, approximately every year and a half, for the rest of their lives." (Source: Contra Costa Times, December 27.)

    (Cal-Tax recommendation: All government pension plans should be corrected to eliminate pension spiking. Government pension systems already are unsustainable, and workers who use loopholes to spike their pensions are only adding to the problem.)

  • Indio Employees Live High on the Hog. The city of Indio (Riverside County) is facing a multimillion-dollar deficit. Yet, since 2008, city employees have used city credit cards to charge $805,000 for pricy meals, out-of-state trips, tickets to sporting events and even a trip to Quebec for the city manager's wife.

    The Palm Springs Desert Sun reviewed 1,000 pages of credit card statements, for cards held by 20 percent of the city's employees, and found that spending increased substantially this year over last.

    Indio Mayor Gene Gilbert said he was "blindsided" by the news, and he acted to pull all the credit cards except those issued to department heads.

    The Desert Sun revealed that $9,200 was charged to the card issued to Mark Wasserman, the assistant to the city manager, for two trips to see the Los Angeles Angels play baseball and one trip to see the Minnesota Vikings play football.

    Mr. Wasserman said the $805,000 is less than 1 percent of total city expenditures. (Source: Palm Springs Desert Sun, January 4 and January 5.)

    (Cal-Tax recommendation: Cut up the credit cards! For employees who absolutely need them, put tighter controls on their use, and require quick repayment of any questionable spending, like international travel expenses for spouses.)

 

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