Archive for October, 2009

It’s a Rough Job, But Someone Has to Do It

Thursday, October 29th, 2009

And It might as well be G&A…
Rafael Ruano, managing associate of Goyette & Associates, Inc. Estate and Business Planning Division, just finalized an estate plan aboard the client’s sailboat in San Diego harbor as they prepare to depart for a 10 year around the world trip.

G&A Responds to Sac State Officer Invloved Shooting Last Week

Monday, October 26th, 2009

Sacramento State Police Officers were placed in an incredibly difficult situation and reacted with great compassion and restraint. On October 21, 2009, a tragedy occurred at A.R.C. Dormitory. Officers rushed to the scene to check on the safety of a young student who was severely hurting himself. When officers arrived on scene they opened the door to find a scene out of a nightmare.

One young man had beat his roommate to death with a baseball bat and subsequently attacked police officers with a large knife. Officers attempted to use less lethal force including a pepper ball gun but, after being charged at by an individual armed with a knife, officers were forced to fire their side arms in self-defense.

Given that, officers had fired their weapons in self-defense. There had to be both an administrative and potentially criminal investigation. Sacramento State Police Department contacted Goyette & Associates for assistance in representation.

Lauro Paredes, an attorney from Goyette & Associates responded within a half hour and assisted with officers over the next 8 hours as crime scene walk throughs and formal interview were conducted.

Goyette & Associates would like to give its respect to the brave officers of the Sacramento State University Police.

CalPERS Long Term Care (LTC) Insurance Update

Friday, October 23rd, 2009

The CalPERS LTC Fund is in serious financial trouble.  The LTC Board has determined that swift action to improve the fiscal health of the Long Term Care Program is imperative. 

Two actions will take place immediately, the first being that there will be no open enrollment program, nor will any new policies be issued until the fund conditions improve.  The second will be an increase in rates of 15% to 20% for current policy holders next year.

CalPERS will be sending this information to CalPERS members this week.

Tugboat Employer Refuses to Recognize State Wage Law

Tuesday, October 20th, 2009

It’s becoming a long road for Bay Area tugboat Captain Jerrold Karmin.  After filing an overtime wage claim with the California Labor Commissioner based on his employer, Marine Express, refusing to provide overtime pay for work above eight hours per day, Mr. Karmin won at the hearing when the Labor Commissioner ruled that the belief held by Marine Express that the federal wage law ‘seaman’s exemption’ preempted state wage law was incorrect.  Marine Express then ‘appealed’ this decision to the Alameda County Superior Court and Mr. Karmin retained Goyette & Associates.  Following a one day trial, the Superior Court bought Marine Express’ argument that the state overtime pay requirement was preempted by the seaman’s exemption under the federal Fair Labor Standards Act (FLSA).  Gary Goyette then took that decision to the California Court of Appeal and won; the Court of Appeal ruled that even if a tugboat Captain satisfies the FLSA seaman’s exemption, such exemption from overtime pay under the FLSA does not preempt or overrule California’s overtime pay requirements when the employee in question performs his work within California boundaries, lives in California, and pays California taxes.

Marine Express won’t give up, as they have now filed a Petition to the California Supreme Court to hear this matter.  They still believe that since Mr. Karmin’s work involved servicing anchored, ocean going vessels in the San Francisco Bay, and since such vessels travel on the high seas after being serviced by Marine Express, the federal law must control over state wage law.  Of course for such argument to make sense, any work having a connection to the high seas, or to work in other countries, or even in multiple states should be governed only under federal wage law.  This of course was never the intention of California Legislators enacting state wage law and requiring time and a half pay for all work above eight hours per day.

Goyette & Associates will soon file a preliminary Answer to the Marine Express Petition, arguing that state wage law for California residents working entirely within the state is well established, and therefore the California Supreme Court should not even hear this matter. Whether the Supreme Court will accept the Marine Express Petition and will require full briefing from the parties will be determined over the next few months.

Goyette and Associates Wills Trusts & Estates Division, Keeping Clients Protected

Tuesday, October 20th, 2009

Rafael Ruano, Managing Associate of Goyette & Associates Wills, Trusts and Estate planning division  is meeting with clients to update their estate plan –  20 years after they first had one drafted! Things change. Remember to review your family’s estate plan annually and any time that something significant happens (birth, death, marriage, divorce, buy/sell house, start business, retire, change professions, etc). G & A’s Estate Planning Division can help.

GOVERNMENT MUST BEGIN TO DISMANTLE ITS MASSIVE BUREAUCRACY

Monday, October 19th, 2009

The response of government to its spending habits during this Great Recession is disappointing to say the least. The State of California and local government entities throughout California are grappling with history budget shortfalls. Quarter after quarter financial experts report to these government entities that their tax revenues are falling short of expectations. The government responds with a series of shortsighted actions such as pay cuts and furloughs of its workforce and the reduction of services to some of California’s most needy residents. While these cost saving measures may get the government temporarily through those short term budget periods, they have obliterated the productivity of the employee workforce, aggravated existing social problems while only temporarily solving their financial problems. The leaders of these government entities have lost sight of a fundamental question. That question is as follows: “Why are we here?” Put another way, government leaders for the most part have refused to focus on the fundamental reasons their government entity exists in the first place. What are the indispensable services and protections that each government entity must provide California?

The reason our elected officials have not publically asked these questions, let alone taken action on them, is because to do so would produce a clear but painful solution for California’s elected officials and its managers that run California governments. The solution is clear: Dismantle the massive bureaucracy that strangles government and prevents it from carrying out its mission.

HOW DID WE GET HERE?

There are several reasons the government finds itself in its current financial mess. First, the government has grown to an unsustainable size. Between 1998 and 2008 California State and local governments have grown exponentially. In fact, this ten year period has produced five times faster growth in government than any other previous decade. Governments have added a myriad of programs and specialized jobs. They have also added massive numbers of employees at all levels.

Term limits for California politicians is another significant problem. In another glaring example of why the California ballot initiative process rarely works, the legacy of term limits will be the growth of government without leaders. From the minute a state politician is elected to office he or she immediately begins planning for their next political job. After all, they will only have a limited number of years in their current position. Therefore, politicians are afraid to make tough decisions. They are driven by public perception and polls. In short, they are incapable of being leaders. They are not vested for the long term. They are a group of yes men and women, who never want to be the bad guy, and never want to say no. Consequently, on both sides of the aisle they have said “yes” to a massive buildup in government bureaucracy.

Macro-economics is another very important factor that has led to California’s government malaise. Apparently, California’s leaders have chosen to ignore or simply do not know some basic laws of economics. The economy of the United States and California is driven by consumer spending. According to the Department of Consumer Affairs, almost 70% of the nation’s gross national product is now consumer spending. Compare that with the 1950’s whereover 2/3rds of the GNP was manufacturing. For today’s economy to grow, consumers must always spend in increasing amount of their money. In other words, for the economy to grow consumer spending must grow. Consumers long ago exhausted any surplus income they might have had. For the last 20 years, consumer spending has been driven by the credit market. Whether it be credit cards or home refinancing consumer spending, especially on big ticket items, was only possible because of the credit made available to consumers. Well, as we know, the credit house of cards has collapsed and will not be coming back.

Another significant factor causing government’s current problems was the assumption that the taxpayer could always pay more to government. All government is supported by the taxpayer–the private sector taxpayer. Taxes paid by government employees only support a fraction of government operations. The private sector taxpayer has always funded government. Today, in many sectors, the private sector has been radically reduced if not completely wiped out. In most cases, the taxpayer is not available to bail out government this time.

WHERE DO WE GO FROM HERE?

The starting point for any solution is that government managers and elected officials must ask the fundamental question: Why are we here and what are the fundamental and indispensable services we must provide California? If those managers and officials answer that question honestly they will recognize that large pieces of the bureaucracies they have created simply are not necessary.

 

 

 

Reversal of Demotion for a Correctional Sgt.

Thursday, October 15th, 2009

Our client, a former correctional Sergeant with California Correctional Center, appealed his demotion from the position of Sergeant to correctional officer.  The appeal took place before an administrative law judge from the State Personnel Board on October 12th to the 14th and the appellant was represented by G&A attorney Dan Thompson.  In an unexpected move, at the conclusion of the hearing the Special Assistant Inspector General, Jeanne Wolfe, who was monitoring the case on behalf of the Bureau of Independent Review, congratulated attorney Thompson and told him that he had “done a good job”.  The parties will submit closing arguments on December 11th and we are optimistic about a positive ruling in our client’s favor in a few months.

Advantage Training and Education Series Program Nearly Full

Wednesday, October 14th, 2009

The G Ventures Advantage Training and Education Series program of November 4, 2009, entitled “Essential Labor Relations trategies for Succeed in Lean Economic Times” is nearly full. The program creators Paul Goyette and Jennifer Coalson-Perez are very excited that there has been enthusiastic response to the program. The response is in part due to the fact that most public sector employees as well as human resource specialist lawyers, and other professionals recognize that the economic conditions they currently face are in many ways unprecedented. A “business as usual” approach no longer has any chance of success. Strategies that offer new ideas, innovation and big-picture thinking will provide your organization a foundation not to just survive but to thrive.

For information regarding the featured speakers or agenda and to find out how to book the last few spots, call Jennifer Coalson-Perez at 916-851-1900 or email her at jennifer@goyette-assoc.com

RN Guardian Sponsors the CSAOHN Conference 10/16/09

Tuesday, October 13th, 2009

RN Guradian will be a featured sponsor at the the California Association of Occupational Health Nurses Conference at the Embassy Suites in Sacramento this Friday, October 16 2009.

RN Guardian is a membership based legal service plan for the defense of California Registered Nurse licenses when faced with adverse action or investigation by the California Board of Registered Nursing. Using a panel of Goyette & Associate Attorneys, RN Guardian boasts a 100% success rate.  RN Guardian Members who have been represented by their panel of expert attorneys, have never had to forfiet a RN License or have their RN license revoked. 
                                                                                                                                                         To find out more regarding how RN Guardian can offer your nursing organization the peace of mind associated with a having a viable RN membership, visit us at www.rnguardian.com or contact Jennifer Coalson-Perez, RN Guardian Director of Member Services at info@rnguardian.com

Great Response for The Advantage Training and Education Series November 4th Seminar

Thursday, October 8th, 2009

We are getting a huge response for the November 4, 2009 Advantage Training and Education Series program entitled “Essential Labor Relations Strategy to Succeed in Lean Economic Times”. The Advantage Training and Education Series™ is a subsidiary of G Ventures. The Advantage Training and Education Series is devoted to producing unique education programs that are designed to motivate its clients to take action and make necessary changes. The November 4, 2009 program has a slate of diverse, highly experienced and interesting speakers including Mr. Stephen H. Silver of Silver Hadden Silver Wexler & Levine, Jon Hamm, Chief Executive Officer of the California Association of Highway Patrolmen and Ms. Pat Macht, Director of External Affairs and Ron Seeling Chief Actuary, from CalPERS