ACA Newsletter for October 2009

Take a moment to read this month's ACA newsletter.

PRIVATIZATION AND WHAT IT MEANS

Governor Brewer signed House Bill 2010 into law on September 3, 2009 and several parts of that bill deal with privatization issues involving the Department of Corrections (DOC).  Two of the three sections of HB 2010 may have a dramatic effect on staff working in DOC.  These two sections deal with privatizing medical services within DOC and privatizing prison operations of one or more prison complexes.  The third issue deals with the "sale and lease back of prisons."  The Yuma Complex is the only complex exempt from this.

The "sale and lease back" provision will basically have no effect on staff or prison functions.  This simply stated would be having an investor buy any State owned building for a designated amount and then immediately leasing it back to the State, who will continue to utilize the building and pay a set amount back to the investor over a predetermined number of years.

Privatizing medical services and prison operations of one or more prison complexes are similar in the respect that, a private company (vendor) would take over the operation of providing medical services or providing correctional staff needed to operate the prison, thereby they could replace the current staff employed by the State.

This is designed to be a cost cutting and cost saving provision for the State.  With that in mind written into HB 2010 are the required saving needed for any of these provisions to be implemented.  Therefore by no means is privatization a "slam dunk."  There is a process that needs to be completed.  In a nut shell this is how the process is designed.  The State submits a Request For Information (RFI) outlining what they want a vendor to comply with in the way of providing medical services to inmates or providing security and inmate programs as it pertains to prison operations.  This is reviewed by a judicial committee of the Legislature.  Then comes a Request For Proposal (RFP) which again reviewed by a judicial committee of the Legislature.  Before any contract is awarded two crucial issues have to be met.  The State has to receive 100 million dollars at the beginning of the term of the contract and the vendor must be able to show a savings to the State over its current operating costs.

So what does all this mean?  Simply put, nothing is going to happen right away. Fiscal Year 2010 began on 1 July 2009 and ends on 30 June 2010.  Though there is no guarantee, any privatizing regarding any prison complex most likely will not occur before FY 2011, which begins on 1 July 2010.  But then again understand there is much to be worked out before any agreement can be reached.

Additionally, the ACA Leadership along with Brian Livingstone, Executive Director of the Arizona Police Association (APA), along with our lobbyists, Williams and Associates and Dr Levi Bolton, who facilitates the APA legislative efforts at the State capital are working hard to counter any efforts to privatize prison operations at any existing prisons.  There are as many studies that show no long term cost savings to States that have privatized prisons, as the lobbyist for privatizing cites as justification to the State to privatize.

Though the battle is far from over, now is not the time to have a defeatist attitude.  We encourage each of you to contact your State Senator and State Representative from your voting district.  You can find your elected officials by going to www.azleg.gov From that website you can email your State elected officials.  Be respectful in your comments and concerns.  Remember they will know who is registered to vote and who is not.  If you are not registered to vote, please do so now.  It is easy to do and your ACA rep can assist you in obtaining the Voter Registration Form and submitting it.

Now is the time to stand up for yourself and take action.  We need the help and support of all members.  Sitting on the sidelines has allowed the privatization efforts to gain momentum.  It is time for each of you to get into the game and help turn back the tide.  It is your future, make the difference and win this battle.

ACA  MEMBERSHIP MEETING

The quarterly membership meeting was held on Tuesday, October 6.  Guest speakers at this meeting were two representatives from our Legal Defense Fund, the Peace Officers Research Association of California (PORAC), two of our attorneys from our local legal team of Napier, Abdo, Coury and Baillie and the APA Executive Director.

A presentation and overview of our extensive legal plans were given by our PORAC representatives, who made the trip from Sacramento, California and Mr. Napier and Ms. Baillie.  This presentation was followed by a question and answer period from the membership.  On the minds of many of the members was the claim from competing organizations that the ACA Legal Plan required an up-front deductible from the member and a limit on the amount covered for legal costs.  All were assured that no out of pocket expenses were required to utilize the covered legal services of PORAC or Napier, Abdo, Coury & Baillie.  PORAC representatives cited several cases where over $500,000 had been spent to cover members, citing the local case of Chandler Police Officer Lovelace who was involved in the shooting of a citizen several years back.  As well as citing cases where the first trial had ended in a hung jury and the member had to go through a second trial.

Of particular interest was the legal coverage many of you may not be aware of, which is when a member is named in a lawsuit for acting in the course and scope of the member's employment  by an inmate  the Arizona Attorney General's Office usually handles the response and represents you.  Now, PORAC will assign a PORAC attorney to monitor and follow the case to ensure that your rights are being protected by the State. You must notify PORAC at the onset of the suit.  See your ACA rep for more information.

KNOW AND UNDERSTAND YOUR RIGHTS

Whenever you are involved in any type of incident, whether at work or not, and are required to write an Information Report, be sure to keep a copy for yourself.  Additionally, if any supervisor or investigator interviews you and any disciplinary action could result from the interview, you have the right to have a staff member or rep present during the interview (DI221).  If you are served with a Supervisor Complaint and requested to provide a written response or served with a letter informing you that you are the principal in an investigation, contact your ACA rep at once.  If you are the subject of a criminal investigation, you have the right with speak to and have an attorney present before being interviewed.  It is very important to know and exercise your rights.

OTHER ISSUES YOU SHOULD KNOW

Most of you are aware that some form of Staff Rotation is under consideration by DOC.  ACA was the only labor organization to openly oppose the mandatory rotation of all staff.  DOC management believes many of the major issues ranging from the loss of a firearm in Safford to the death of an inmate at Perryville is the result of staff being on the same shift and unit and being complacent.  The assertion by DOC that staff rotation is the only way to fix the problem of staff complacency is somewhat skewed.

Why is it that a civilian can work 40 years on an assembly line making the same part year after year and not be complacent?  Could it be that this civilian has a line foreman who ensures he produces a finished product because the foreman has a plant manager who is held accountable by a company president and so on and so forth.  Maybe before disrupting the lives of hundreds of staff, a review in how business is conducted should occur.  Should staff rotation occur the "first come first serve" memo shift and RDO request needs to go to protect staff being rotated.
 
There are almost 40% of the membership that either do not have email capability or failed to provide an email address.  Being able to contact members via email is extremely important.  Sending an email is not only an efficient way to provide you timely information but it is also economical.  Printing and mailing cost associated with providing those without email contact, take away from other more essential operating costs.  In order to hold down costs and provide all members with timely information, especially during this period where privatization is an issue, we are encouraging members to provide an email address if you haven't already or if you have not been receiving any emails from us to go to our website at www.correctionsassociation.org and send either Glen Conlon or Jim Christy your current email address to ensure your email on file is correct.  Be assured that email addresses are protected and are not released to any organization for any purpose.

Those with an email address will receive periodic updates and be able to check our website for current info on on-going issues, however; those without an email will receive a newsletter at a later date.

ASSOCIATION BENEFITS 

Harry Beall has accepted the position of ACA Benefits Coordinator and is working with both APA and the Phoenix Law Enforcement Association (PLEA) in continuing to develop a comprehensive discount and benefit program for ACA members.  Harry is working with representatives from AFLAC to obtain a group rate for ACA members who wish to obtain coverage from AFLAC.  This benefit will be strictly voluntary and the costs will be paid through payroll deduction by the member selecting AFLAC coverage.  You can contact Harry at: hbeall1@cox.net should you have any questions pertaining to the type of AFLAC coverage he is negotiating.

HARD ECONOMIC TIMES

All of us are feeling to some degree the negative impact of the difficult economic times that not only Arizona but the entire United States and World is experiencing.  At every turn we are seeing our take home pay reduced by increased costs for medical and dental insurance, van pool charges, higher doctor co-pays and prescription drugs.  Many of you have a spouse who has lost their job or had their hours reduced.  ACA is not in the business of financially consulting  nor do we endorse or refer members to specific financial agencies.  However; we do encourage each member to take the time to review their current financial state and if you have not already done so, create a budget.  Everything but your pay will increase over the next couple of years.  In fact there is a possibility that your pay may decrease from what it is now, should the State or Federal Government increase taxes or you experience a pay cut as a result of the loss of stipends or uniform allowance.  Governor Brewer has requested that all State Agencies cut their current budget for FY 2010 by another 15 to 20 percent. This means that the Budget Proposals that were circulated by DOC earlier this year that included the early release of inmates, to the elimination of stipends and uniform allowance, are back under consideration.

With that said, it is time for everyone to get their finances under control and if you are in financial trouble to act now.  Many counties, as well as, non-profit organizations offer free financial counseling services.  Don't wait until you are months behind and facing home foreclosure or vehicle repossession to seek assistance. 

APA CANCELS ANNUAL CONVENTION

The APA will not hold its annual convention this year foregoing the need to spend money on related expenses for convention hall charges and fees, as well as, not requiring its Associations to spend its members' money to send representatives to the convention.  This move is being done to assist APA Associations in these difficult financial times by not burdening them with any additional operating costs.  ACA commends the APA for their commitment in being diligent in the financial oversight of member's money.
 
UPCOMING HOLIDAY FUNDRAISER

We realize that every one is dealing with these hard financial times.  But there are those due to no fault of their own that are being hit harder than most.  If you are aware of a family who is truly in need of assistance during the upcoming Holiday period, please contact your local ACA representative.  At the November ACA Executive Board meeting, we would like to select worthy candidates and begin raising money to provide them with whatever financial assistance we can.

Please make your requests to your local ACA representative.  Hopefully we can bring some happiness to a deserving family during the upcoming holiday season.

If you have an idea that would assist in making this fundraiser successful, we would certainly appreciate your participation.  

MEMBERSHIP CONTINUES TO GROW

Since our beginning in July with our first membership recruitment drive at Eyman, we have expanded to Florence, Lewis, Perryville and Tucson Complexes.  Our growth is based on the philosophy that ACA represents the interests of all our members and not just the interests of those who hold office. In order to be successful ACA will not comprise the rights of its members and puts its members first above all.

As ACA continues to grow both in numbers of new members and complexes being represented, our success depends on your willingness to become involved.  We are always willing to accept whatever time and assistance any member is willing to provide from being a staff representative on your shift to assisting with information dissemination.  Above all you are the ACA's best recruitment tool. Talk to your co-workers and those in your vanpool or carpool.  And for those who criticize, remember "It's not the size of the dog in the fight, it's the size of the fight in the dog."

Article written by/or information provided by ACA