Client Outcomes

Litigation Threat by CCSO Results in Salary Increases for CDCR Managers

At California Department of Corrections & Rehabilitation (“CDCR”), those holding the positions of Captain and higher found themselves in recent years earning less than those they supervise. This is a result of the Department of Personnel Administration’s (“DPA”) failure to authorize salary increases and longevity pay for management while at the same time authorizing longevity pay and increases in pay for rank and file and supervisors. This inequity did not go unnoticed by California Correctional Supervisors Organization (“CCSO”) and, on behalf of its members, they met with DPA several times to discuss the pay disparity.

When it became apparent that DPA had no intention of moving forward on salary increases, CCSO retained Goyette & Associates, Inc. to initiate litigation against DPA and the State to remedy the pay disparity. Goyette & Associates prepared a lawsuit for declaratory and injunctive relief and writ of mandate citing to Government Code §19849.10 and §19849.22. These Government Code sections provide that a primary purpose of management pay is to attract qualified persons to positions in management. However, the practical affect of the pay disparity was that many qualified individuals were choosing not to promote upward due to the loss of significant income. The situation created was directly contrary to the stated purpose of the law and detrimental to overall operations of CDCR.

CCSO representatives met with DPA in late June and informed them of the lawsuit that had been prepared. DPA finally saw the “writing on the wall” and authorized a 5.1% salary increase for management to take affect in July of 2006 for the upcoming year and also authorized a 5.1% salary increase back dated to 2005. This results in a salary increase of over 10% for management and is representative of the salary increases that were previously denied.

This is certainly a positive steptoward equality in pay within in CDCR.. CCSO remains ever vigilant, however, pledging to continue to fight for all of its members to ensure that they are being paid fairly and in a manner consistent with the law.

Tawni Parr
Goyette & Associates, Inc.