November 2009 Newsletter

The Arizona Corrections Association (ACA) has been continuously attacked by other organizations, who have no agenda other than their own personal aspirations. The ACA has been from its inception and will always be driven by the concept “members first and above all.”

With the issue of privatization, all our efforts have been devoted to protecting the employment rights of all DOC staff and opposing not only privatization but staff rotation, to include protecting your shift and RDOs.

One organization chose to devote its time and efforts in attempting to discredit our work with baseless accusations, instead of representing the best interests of not only its members but all DOC staff.

So let's set the record straight. ACA has been opposed to any type of privatization of DOC. ACA was founded in part because of a lack of aggressive and competent effort by those in these other organizations.

While others are out having press conferences, which the Arizona Republic Newspaper referred to in the Sunday, July 19,2009 edition as the "World's fastest news conference," and rallies on days when the Arizona Legislature is not even in session (Nov 5, 2009), the efforts of the Arizona Police Association (APA) our affiliate had already made leaps and bounds on your behalf, as evident by following email from one week ago.

From: Brian Livingston Sent: Wed 10/28/094:10 PM
To: 'J CHRISTY' jchristy@q.com)
                     
There is no talk of privatization at this time. Because of the law that was passed last session RFls (Request for Information) were distributed but not RFPs (Request for Purchase). Bids can only be accepted when an RFP is issued. Even if an RFP is issued, this does not necessarily mean privatization will occur. It could simply be a way for the OSPB and JLBC to evaluate dollars that could come into the general fund under the selling of prison facilities or property. Only the legislature can order privatization to occur and that has not been done.

Our sources tell us that the legislators are looking to sell state facilities. When and if such a sale occurs, the state would immediately enter into a lease/purchase arrangement with the buyer. EVERY legislator I have spoken with has stated if this occurs state prison personnel will remain state employees and will continue their work at the prison facilities under the direction of their current managers.

The sale/lease purchase proposal is just a way for the state to get cash quickly and remain financially solvent. Think of it as a loan from a bank.

The facility would be the collateral the state is offering up for the money provided by the buyer. In the subsequent lease/purchase arrangement, the state would pay the buyer a dedicated payment and an interest fee on the money provided to the state. The buyer in turn holds the land and the buildings and if the state defaults they could sell the property to whomever wishes to purchase it. Thus the collateral guarantee.

Our legislators understand that negative liability and political issues related to total prison privatization in the state and again each one that I have spoken with states they will not vote for such a measure.

Brian L. Livingston
Executive Director, Arizona Police Association 1102 West Adams Street
Phoenix, Arizona 85007

So the claim that ACA supports privatization: FICTION

FACT OR FICTION???

Those claiming the ACA is not a legitimate labor organization need to ask themselves, about their own legitimacy.
While other organizations spend thousands of their members dollars each month on their own lavish office space, while also providing funding for their parent organization's office, as well as, spending thousands of additional dollars of their member's money each month on stipends to their self appointed board members and Red Lobster dinners, the ACA returns the majority of its member's dues back to its members in the form of extensive legal coverage, a $10,000 life insurance and $50,000 line of duty death benefit, while other organizations provide up to $1,000 death benefit depending on length of membership.
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While other organizations may claim that members have open access to their financial records, ACA records are available to members within 5 days of a request. ACA financial records are reviewed by the firm of Howard Zipser, CPA. Ask yourself when was the last time any outside agency reviewed the financial records of these other organizations?
When an ACA member is involved in any investigation whether he/she is the principal or a witness, the ACA legal team of Napier, Abdo, Coury and Baillie is involved from the onset.

The other organizations may offer legal assistance once you have received your notice of discipline.
Legislative lobbying efforts for ACA are coordinated through the APA Executive Director Brian Livingston, along with Williams & Associates and Dr Levi Bolton. A retired probation officer handles the task of promoting the agenda for another organization to the 30 State Senators, 60 State Representatives and the Governor. A monumental task for one person. 

Ask yourself why was the ACA the only organization to oppose staff rotation? Was it because the leaders of the other organizations are in positions that are not subject to rotation, therefore it wasn't THEIR fight? The staff rotation is nothing new.  10 years ago they tried the rotation theory and found that once the staff had rotated they soon lost their shift and RDOs.  ACA was the only organization that fought to have Seniority change from "first come, first serve" back to your date of hire, in order to protect your rights should you be rotated and lose your shift and RDOs, so you would not be at the bottom of the list upon arrival at your new unit.

So as to the claim of legitimacy, the obvious answer: FICTION

There are those who claim because the ACA has met and will continue to meet with legislative leaders that support privatization, that we are "in bed with the enemy." This only shows how politically naive they are. You never stop in your attempts to persuade those with opposing views to reconsider their standpoint. Ask yourself this question, if you are not willing to meet face to face with those in opposition, do you really believe they will listen to you and your 40 AZCPOA followers standing outside the State Capital, holding the ''world's fastest news conference".
Just remember when an organization has no legitimate agenda of their own, the first thing they will do is attempt to discredit those who have a true meaningful purpose.

Article written by/or information provided by AHA