Governor in contempt of court over IHSS cuts?
By Josh Richman
Tuesday, July 7th, 2009 at 7:53 pm in Arnold Schwarzenegger, General, state budget.
A federal judge today told attorneys for Gov. Arnold Schwarzenegger and various state and Fresno County officials to file a brief by 5 p.m. Thursday on why she shouldn’t hold them in contempt of court for violating her order to leave In-Home Supportive Services’ workers wages as they are.
U.S. District Judge Claudia Wilken of Oakland had granted a preliminary injunction verbally June 25 and issued her written ruling the next day, after hearing arguments from the Service Employees International Union — which along with IHSS clients from around the state had sued to stop the July 1 salary cut for many of the state’s 400,000 IHSS workers — and from the state. The injunction says the state can’t make the cut without first analyzing its impact on the efficiency, economy, quality and accessibility of care.
But the SEIU filed court papers today saying the state is “refusing to permit counties that want to maintain their pre-July 1, 2009 wage rates to do so, and are telling such counties that the lower wage rate, based on the implementation of the statute this Court enjoined, will remain in effect for at least 60 days, over the counties’ objections.”
The union’s new motion asks Wilken to hold the state in contempt with a $500,000-per-day fine starting July 10, or to issue a more specific injunction that ensures continuation of pre-July 1 wage rates. Wilken issued an order later today ordering the state to file its brief by 5 p.m. Thursday, and the union to file its reply by 5 p.m. Friday so she can decide the matter.
Department of Finance spokesman H.D. Palmer had said June 26 that he anticipated the 9th U.S. Circuit Court of Appeal would stay Wilken’s ruling so the wage decrease could take effect on time. The appeals court has indeed taken the case, but as of the close of business today, no such stay had been issued.
“It’s unbelievable that the State feels it can simply ignore a U.S. District Court ruling,” SEIU Executive Vice President Dave Regan said in a news release today. “It’s this type of blatant arrogance that has placed California in the fiscal crisis it’s currently in. The state must comply or face the penalties just as any California resident would be forced to do.”
But California Department of Social Services spokeswoman Lizelda Lopez said the motion for a contempt order wasn’t needed. Wilken’s order simply came a bit too late for the state to reprogram its payment system, she told me this evening, but “we will correct this, the counties will receive the appropriate reimbursement in accordance with the court order.”
“This requires an accounting fix, and we will make that accounting fix,” she said. “The underpayment will be collected and (8:37 p.m.: Lopez now says she misspoke this part.) (W)e do not expect it to have any impact on services for recipients or wages for providers.”
More after the jump…
The SEIU says that since Wilken’s ruling, many counties have submitted requests to reinstate IHSS workers’ pay, yet state officials are claiming they need 60 days to process the requests even though they’d processed requests to reduce pay in as little as one week and even gave informal approval to such requests in as little as one day.
Alameda, Contra Costa, Mendocino, Napa, San Mateo, Santa Barbara, and Yolo counties already have informed the state that they want to keep the pre-July 1 pay rates based on Wilken’s ruling, the union says, while Calaveras, San Benito, and Solano Counties plan to do so. Riverside’s intentions remain unclear, the union says, while only Fresno has said that it will still try to reduce pay.
The governor and Legislature had agreed that the state’s share of IHSS providers’ wages – funded through a mix of federal, state and county funds – effective July 1 should be based on a $9.50 per hour maximum; providers in Alameda and Contra Costa County currently get $11.50 per hour. Palmer said the IHSS reduction will save the state $98.1 million in the coming fiscal year.
Such a cut would cause many providers to quit, the union argued in its May 26 complaint, and so “(m)any consumers would be unable to hire IHSS providers and would either be deprived of critical IHSS services or be forced into nursing homes.” This amounts to a violation of the Medicaid Act and the Americans With Disabilities Act, the union argued.
The state had argued it has no control over IHSS wages other than to require that counties pay at least the minimum wage, so counties are free to choose to pay more as the state shrinks its share of the funding. It also argued IHSS wages and benefits ultimately are set by collective bargaining between counties and the providers unions’, and that there’s no evidence that any IHSS client would lose services as a result of the cutbacks.
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July 7th, 2009 at 8:51 pm
I’m outwaged! We must thank the SEIU (SElf-Interest Union) for insisting that the state balance the budget on the backs of non-union working people and their employers.
July 7th, 2009 at 9:33 pm
How dare the governor place the financial problems of the state on the backs of some of our lowest paid workers!
SHAME
July 8th, 2009 at 1:43 am
The State of California is crashing into the wall of reality – the state has run out of other peoples money and it is now issuing IOUs. Unfortunately, federal judges and the Union parasites have not figured out yet that the blood has been sucked out of the corpse; they are beating a dead horse for more money! Why doesn:t this federal judge simply order money to grow on trees to pay the union drones?
July 8th, 2009 at 3:12 am
With no personal financial problems, Arnold obviously has no problem with making it difficult for us working class people to provide for our own families. Little things like putting food into the mouths of our children, clothes, gas, RENT, don’t seem to phase him at all!
Tell us Arnold, which of these items do YOU think we should cut back or eliminate?
July 8th, 2009 at 5:06 am
As a hard-bitten taxpayer, I hold the judge in contempt.
July 8th, 2009 at 9:54 am
The odd #ed responders are soulless trolls.
July 8th, 2009 at 11:48 am
Smokey, I’m with you! Hold the Judge in contempt!
The rest of the world is running away from Socialism and the U.S. is running right into it (particularly here in California).
HLSIII, as for the Governor, he takes no salary and he lives within his means – so should you and everyone else!
July 8th, 2009 at 1:16 pm
One of my favorite catch phrases is that “we shouldn’t balance the budget on the backs of…” [name your favorite victim -- low paid workers, people dependent on safety net support, our kids etc.] My reaction is, okay, whose backs should we balance the budget on? Those are where all the money goes, so there’s not much left to cut. Right or wrong, taxes aren’t going to be part of the budget fix this year. It’s a virtual impossibility politically. I voted for the revenue items May 19th and, back in Feb., favored a 50/50 cut/revenue fix. Not gonna happen. So, it’s all cuts, on the backs of just about everybody.
July 8th, 2009 at 5:26 pm
That’s a whole lotta bad backs!
July 13th, 2009 at 7:02 pm
The governor wasn’t just going to make cuts to In Home Care-he wanted to basically illiminate it by 90%. As a taxpayer, would you rather pay someone fifteen hundred a month per client. In Home Care, or pay Three to four thousand a month per client?When you get old, which will happen, does your family want to pay a lot of money to have you sit in your feces in a old folks home, or have you stay in your own home, which would cause less, and be better care. Come on people, quit being bullies!!!!!!
July 19th, 2009 at 9:45 pm
The governor just signed my mom’s death warrant, as far as I’m concerned. I’ve spent all my savings to keep her in her own apt. with her beloved pet. I can’t keep her in her home without aid from IHSS and can’t keep her in my home because I need to work and she needs full care. A nursing home will kill her. Thanks, Gov. Schwarzenegger. Your care and concern for the elderly and their families is overwhelming.
July 24th, 2009 at 8:56 am
Its ashame Arnold Schwarzenegger can honestly admit to going home to his jacuzzi and smoke cuban cigars with no remorse of the lives that he’s ruining. It really makes you think what his real priorities are. I dont understand why politics always try to wow us with their empty promises like a prostitute on a stroll only to rob us in the end! How can he honestly manage to take from the poor people until their lives are a living hell? Its so cliche and im so sick and tired of it. How can you whine and cry about a budget deficit but you give big tobacco and oil corporations tax breaks? Thats where all the money is isnt it? Billion dollar a year companies and they dont have any extra money to give? But yet you wanna take from the poor? Does Arnold Schwarzenegger seriously have a mental issue? Does he know that its the little people that got him into the office? Or do we matter anymore? But yet he has time to star in movies? Republicans want to support his decision but yet you give judges furloughs to stall unemployment wages? You cut the police force? And you cut higher education? Does he know the little people run the city? Without these 3 components there will be disaster! Yet hes noted for changing the infrastructure of california? It must be for the worst… Any governor that takes money from a childs parents, the education the childs need to make it in life, and the police force to keep them safe from harms way is certainly the DEVIL!
July 24th, 2009 at 10:03 pm
I guess this Mr. Govenor has never had any one that has low income and that is disabled or eldery that can not do for them selves,,Just who does he think he is,,taking away from people Who really need this help and can not afford it as they are on ssi or ss, I just wonder if MR. GOVENOR would like to live on SSi, with no help at all..He shold be helping the people who can not afford to hire help to help them He takes away from the wrong people,,It would cost way more for thses people to go into a nursing home, so he should think if he can…These people would love to be able to go to work,,I get so upset over what he wants to do and he thinks he is so damn smart..
October 13th, 2009 at 10:00 pm
I would like to know how can we join together to reverse the new laws that effect the homecare providers and clients. We need to band together to reverse this decision. The new law seems to be communism. How can the Governor pass a law that requires backgrond checks, finger printing, and unannounced house visits with audits and investigations. For heavens sake this sounds like communism. The governor has attempted to eliminate IHSS for so long and now he wants to find a way to cut hours and services and eventually eliminate it all together. His dictatorship of who can take care of who is rediculous. If you know and trust someone to care for you they should be allowed to. The governor should not dictate who can take care of you by implementing a new law that if you have a felony or a serious misdemeanor charge you are not allowed to care for someone. Sounds like discrimination. The governor has crossed the line and I do not know how in the hell these new laws were passed concitering he had no evidence what so ever alleging that IHSS has a lot of fraud.Sign the petition to recall the governor at http://totalrecall2009.com/Sign_Recall_Petition.html
tell your friends and family to sign the petition. We need to get rid of him asap. For so long he has targeted the young, the weak, the disabled and the poor. It is time we raise our voices and move forward tenatiously to seek his removal as governor. Join me in the fight against the governor of California. Lets band together and make a difference. Lets speak out loud for all the children, the disabled and the elderly. Lets make a difference. We cannot allow this injustice to continue anymore it is time to be bold and feirce. Lets terminate the terminator!!!!