Report: Corrections Furloughs Don't Save Money

A new report on the Oregon state prison system shows why furloughs in public safety don't save money.  The report puts in black and white what most public safety professionals already know: 24-hour operations require back-filling when regular staff are furloughed.  The report compared the cost of correctional staff with the cost of back-filling with extra help and overtime, revealing that furloughs cost the state more money than they save.

Court of Appeal Limits Former Officers' POBR Rights

In a carefully tailored decision, the Court of Appeal in Barber v. California Dept. of Corrections and Rehabilitation (Cal. Ct. App., Feb. 15, 2012) 12 Cal. Daily Op. Serv. 1936, held POBR does not entitle a former peace officer to review years of personnel records.  The decision emphasized the plaintiff made a "broad request" to review his personnel records only after he had been terminated.

The plaintiff was an employee with the California Department of Corrections and Rehabilitation (CDCR) until being terminated in April of 2009. Six months after his termination, the plaintiff requested copies of his CDCR personnel records. CDCR denied the request and the plaintiff filed a petition for writ of mandamus and a complaint for declaratory and injunctive relief seeking copies of the records under POBR.  The superior court denied plaintiff’s requests, and plaintiff appealed.

Government Code section 3306.5, part of POBR, states that an employer of public safety officers shall permit a requesting officer to view or copy personnel files that have or are being used to determine that officer’s qualifications for benefits or disciplinary action.  The Court of Appeal found the right to inspect records only applied to public safety officers and plaintiff was no longer a public safety officer after his termination went into effect.  Because plaintiff made his request for records well after being terminated from CDCR, he was not entitled to access the records. The court, therefore, affirmed the ruling of the lower court and awarded CDCR its costs on appeal.

Federal Court Signals End for CDCR Receivership

The federal judge overseeing the federal receivership of California's state prison system announced today "the end of the Receivership appears to be in sight" after six years of federal intervention in California's prison system.  The federal court took control over parts of the state prison system after finding constitutional violations and appointed a receiver to oversee significant structural changes.  The state challenged the court's order, ultimately resulting in the United States Supreme Court case Brown v. Plata, which upheld the receivership.

CDCR Failed to Provide Reasonable Accommodations

In Cohen v. CDCR (2nd DCA, B226762) December 22, 2011, 2011 WL 6739621, the Court of Appeal found CDCR failed to provide reasonable disability accommodations to a correctional employee. The employee sufferred an injury which limited her ability to carry heavy items and requested accommodations. Her doctor determined she could perform the essential job functions and suggested a reasonable accommodation of a cart to assist her in moving about the large facility.

However, CDCR ultimately moved her office to an area of the prison approximately one mile away from where she treated her patients which made it difficult for her to complete work in her office. She also had to find a bench or a vacant room to complete her work resulting in her having to transport all of her files as she moved about the facility. During this time, she missed several days of work and ended up taking 392 more hours of leave than she was allowed.

The Court found that if CDCR had reasonably accommodated the employee's limitations, her attendance would have been sufficient. The Court further found the employer had not offered a reasonable accommodation, noting all other employees had an office space in an appropriate place to meet with patients.