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February 5th, 2025 CASE Files

CASE Responds to Department of Finance’s Sudden Budget Shift Amid Contract Negotiations. On January 23, the Department of Finance released a budget letter (BL 25-01) which abruptly shifts the state’s budget outlook, reversing the Governor’s earlier projection of a balanced budget with minor revenue growth, and warning of “fiscal uncertainty” related to multi-year operating deficits and the recent wildfires in Los Angeles. The letter states that as a result of this “fiscal uncertainty,” “agencies and departments should have no expectation of full funding for either new or existing proposals and adjustments.” 

This letter, which was released just days before the first “Sunshine Meeting” between the state and its employee unions on January 28, 2025, is undoubtedly a deliberate effort to reject fair compensation increases in the bargaining process, providing the Department of Finance and CalHR a scapegoat to point to and reject any proposals by the unions that begin bargaining negotiations in the coming weeks.  

In response, CASE wrote a letter of our own to the Department of Finance which you can read in full here. Our letter confronts the Department’s contradiction of the Governor’s budget, calling into question the justifications the Department has offered for its shift in budget outlook. Our letter highlights the inequities in pay that exist for state attorneys, the contracting out of state attorneys work, and reminds the Department that CASE is not deterred by the theatrics of this statement and its timing.  

CASE will continue to advocate for fair wages and working conditions for state attorneys and will continue to bring attention to these underhanded efforts by the Department to subvert the bargaining process. To that end, CASE has issued a press release, which you can read in full here, to alert the media of the Department’s recent actions. 

We will be sure to follow up with any updates as they become available.  

“California state worker unions eye salary increases, telework as contract negotiations begin” – The Sacramento Bee. Last week, the Sacramento Bee published an article that explores the upcoming bargaining negotiations that are set to take place this year for several bargaining units representing state workers. CASE President, Tim O’Connor, was featured in the article, emphasizing the state’s need to invest in its attorneys, and highlighting CASE’s other bargaining priorities.   

“The union representing state attorneys and hearing officers is looking to increase compensation for its members to prevent experienced lawyers from leaving state service for other public sector jobs with higher salaries.  

A compensation survey conducted in 2022 by the California Department of Human Resources found that attorneys employed by the state had salaries 25% lower than those of private sector lawyers. Local government attorneys’ salaries were 9% higher than wages paid by the state.  

Timothy O’Connor, the president of the California Attorneys Administrative Law Judges and Hearing Officers in State Employment, said the state needs to “chip away” at the gap between public and private compensation.  

“The state cannot say, ‘Budget crisis, we don’t have any money,’ and then turn around and appropriate millions of dollars to outside law firms. That just doesn’t make sense,” O’Connor said.  

O’Connor said the issue isn’t a question of the availability of funds — it’s where state leaders have wanted to divert the funds.  

Since Trump won the presidency in November, California state government leaders have been quick to carve out more funding for the attorney general’s office — the agency with the largest number of CASE members — to prepare the state for legal fights with the federal government. That funding’s approval is before the Legislature.  

CASE has criticized the state’s hiring of private law firms to handle cases brought by California against fossil fuel companies for their role in downplaying the dangers of climate change. 

O’Connor said the state should be reallocating that money to better compensate attorneys already working for the state.  

“They’re going to have to find the money and make this a priority,” he said. 

…In addition to salary increases, the union representing state attorneys hopes to secure geographic differentials for employees living in expensive parts of California, longevity pay for experienced attorneys with institutional knowledge and better telework agreements for those members who were called back to offices last year.  

Other than when attorneys need to be present in court, O’Connor said most CASE members can do the majority of their work remotely. Because the state can’t compete with private law firms’ more generous salaries, O’Connor said California should be trying to attract attorneys with desirable telework benefits.” 

To read the article in full, click here.  

Watch CASE’s Video Ad!In anticipation of our upcoming bargaining negotiations, CASE has launched an ad campaign to amplify our collective voices and call attention to our asks in advance of bargaining. In doing so, the following video ad has been created. Please feel free to share it on your social media.  

To watch our video, click here.  

Let the Good Times Roll.  CASE hosted a happy hour for CDCR members after mandatory training in Bakersfield.  Members were able to enjoy food and beverages while catching up with colleagues and mingling with CASE Board Members. 

February 5th, 2025 CASE Files

CASE Issued Attorney’s Fees. Just over a year ago, CASE filed a Petition for a Writ of Mandate against the Department of Industrial Relations for DIR’s failure to provide documents from a PRA request made several months earlier.  Despite CASE’s granting of several extensions, DIR initially failed to provide documents which led to the Petition being filed.  Since filing the Petition, CASE has not only received thousands of pages of documents but was also able to secure just over $5000 in attorney’s fees based on DIR’s initial noncompliance with our request.  See the attached order.  

If you have a suggestion for a Public Records Act request, that may yield documents helpful to CASE members or a group of CASE members, please submit your request to info@calattorneys.org for the Board to review and consider. 

Essential Websites. It’s the time of year when many people round up documents and prepare to submit their tax statements. Many also take the opportunity to think more broadly about their finances, including their retirement plans.  Regardless of your age and career stage, CalPERS suggests you regularly review your situation to help ensure your financial security when you retire. The fund recommends these links as essential resources to aid your post-career research and preparation: 

MOU Suggestion Box. With bargaining around the corner, it’s never too soon to collect ideas for future negotiations. You have access to our MOU Suggestion Box, a place for members – and ONLY members – to contribute ideas for new or improved benefits and MOU terms at any time.  We are, of course, aware of the need for the Governor to address continuing salary lags (both within the unit and between state service and local government jobs), so we are hoping to collect your ideas on non-salary MOU items. To complete a suggestion card,click here. (password: membersmatter22). 

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