-20 Senior Deputy Positions, a Deal Behind Closed Doors. The Cover Up? Part 2

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On August 9th, 2017 at the Labor Management Meeting the topic of Senior Deputy (8306) Conversions came up.  Present at the meeting from the DSA was Senior Deputy Eugene Cerbone, Senior Deputy Tim Conway, Deputy John Lawsha, Deputy Scott Osha, Senior Deputy Kevin Macksoud, Kevin McDonnell, Deputy Jeffry Sato and RLS Attorney Zack Lopes.  They wanted to trade 20 open Senior Deputy positions and convert them to 12 Sergeant potions and 8 Deputy positions.

 

 

 

 

Please pay attention to the last sentence of the above excerpt.  DSA; indicates a statement from the DSA side of the meeting.  The last sentence indicates their intention to cover up this deal.  DSA stated when announced (referring to the trade), DSA requests that it states was a department based action.  Clearly they are trying to remove themselves from having knowledge of their deal but these minutes prove otherwise.

Within these minutes you will see two duplicate pages (page 8 and page 11) of a prepared announcement, which to my knowledge, was never sent out.  This announcement does not indicate the DSA having any role in the trade just like they requested in the excerpt.  DSA requests that it states was a department based action.

At a DSA general membership meeting in Sept. 13, 2017, President Cerbone discussed a deal offered to the DSA by the department.  Cerbone stated that the dept. wanted to repurpose 20 open senior deputy positions for 12 sergeant positions and 8 deputy positions.  Cerbone said, “I’m against that!’  Although Cerbone never told the membership that the deal was made.

Sept Cover Up

 

Fast forward to mid November the Sergeants Exam announcement came out with a short two week application period.  The announcement stated the exams would begin in Jan and seemed to be completed by March.  The current Sgts. candidate exam list is still active and doesn’t expire until March 2018.  No Senior Deputy Exam was announced in 2017.  You don’t need to be Sherlock Holmes to know something is up!  A fast tracked exam right after the 8306 Conversion deal.

Not only did members get cheated out of a promotional opportunity, here is a reminder of the financial loss.  

Let’s stop for a minute and look at the VALUE of this:

20 Senior Deputy Positions x a yearly salary of $120,120.00 = $2,402,400.00  up for trade

12 Sergeant Positions x a yearly salary of $129,948.00 = $1,559,376.00 these positions benefit the MSA, so in essence we gave $1.5 million to the MSA.

8 Deputy Positions x a yearly salary of $108,342.00 = $866,736.00

Let’s take a look at how this impacts the union dues.

Look at how much union dues we lost. 12 positions x $135 a month = $1,620 total a month, times that by 12 months = $19, 440 a year, Cerbone just gave the MSA and created a loss for the DSA.

Based on the numbers this doesn’t make sense nor benefit the DSA members.  Trading off approx. $2.5 Million in return for $866,736.00, creating a loss of approx. $19,440.00 a year in dues or do you think Cerbone is creating an exit plan for he and his cronnies?

This seems to be a clear cut case of Breach of Fiduciary Duty. A fiduciary duty is an obligation to act in the best interest of another party.  A person acting in a fiduciary capacity is held to a high standard of honesty and full disclosure in regard to the client and must not obtain a personal benefit at the expense of the client

-20 Senior Deputy Positions, a Deal Behind Closed Doors. What Happened? Part 1

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At a DSA general membership meeting in Sept. 13, 2017, President Cerbone discussed a deal offered to the DSA by the department.  Cerbone stated that the dept. wanted to repurpose 20 open senior deputy positions for 12 sergeant positions and 8 deputy positions.  Cerbone said, “I’m against that!’

My first thought was that doesn’t make sense and what a bad deal.  Why would we trade Senior Deputy positions for Sergeant position that are not even in our union.  Secondly, it’s not our unions responsibility to provide additional job positions for the dept.  Thirdly, if we were going to do anything like this, it should be brought up to the membership and if the members want to work a deal, we should be making deals to benefit the members related to wages, benefits, and working conditions. 

In a 2015-2016 Civil Grand Jury Report it was stated;

R.D.1a. To reduce the need for overtime, the Sheriff should, in coordination with the City and
County Human Resources Department, put high priority on filling existing vacancies by
redoubling recruiting efforts and expediting the hiring process with the assistance of
dedicated Sheriff’s Department recruitment staff

It’s not the Unions job to provide additional job positions.  That is a city responsibility.  So based on the above and knowing how Cerbone operates, I thought I would look into this.  I conducted a public information request on this and found the following.

In the document below you will see on Jun 14,2017 Labor Management Meeting their was a discussion by the DSA, present were Senior Deputy Eugene Cerbone, Senior Deputy Tim Conway, Deputy John Lawsha, Deputy Scott Osha, Senior Deputy Kevin Macksoud, Kevin McDonnell, Deputy Jeffry Sato and RLS Jim Bickert, on the extension of the Sgt. and Lts. list being extended to Feb 2018.  I reviewed the candidates list and found that Cerbone not on that list, but Macksoud and Conway are in low positions.  Also in that June discussion it shows that the dept. was short 22 Senior Deputies at that time.

On August 9th, 2017 at the Labor Management Meeting the topic of Senior Deputy (8306) Conversions came up.  Present at the meeting from the DSA was Senior Deputy Eugene Cerbone, Senior Deputy Tim Conway, Deputy John Lawsha, Deputy Scott Osha, Senior Deputy Kevin Macksoud, Kevin McDonnell, Deputy Jeffry Sato and RLS Attorney Zack Lopes.  They wanted to trade 20 open Senior Deputy positions and convert them to 12 Sergeant potions and 8 Deputy positions.

 

 

Let’s stop for a minute and look at the VALUE of this:

20 Senior Deputy Positions x a yearly salary of $120,120.00 = $2,402,400.00  up for trade

12 Sergeant Positions x a yearly salary of $129,948.00 = $1,559,376.00 these positions benefit the MSA, so in essence we gave $1.5 million to the MSA.

8 Deputy Positions x a yearly salary of $108,342.00 = $866,736.00

Let’s take a look at how this impacts the union dues.

Look at how much union dues we lost. 12 positions x $135 a month = $1,620 total a month, times that by 12 months = $19, 440 a year, Cerbone just gave the MSA and created a loss for the DSA.

Based on the numbers this doesn’t make sense nor benefit the DSA members.  Trading off approx. $2.5 Million in return for $866,736.00, creating a loss of approx. $19,440.00 a year in dues or do you think Cerbone is creating an exit plan for he and his cronnies?

New Evidence of Cerbone’s Weak Contract Negotiations

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I have been reviewing many contracts this week and I found that during the 2 Year Contract Extension Negotiations at the beginning of 2017 a Machinist/Automotive Union Beat Us in contract negotiations.  You all know how I feel about the 2 year Contract Extension and the Big Scare to vote Yes on it by the DSA President.  I felt it was a WEAK offer and a WEAK Deal made by the DSA President even after our initial vote on it was No.  Based on my research I found we had many reasons to get more and the biggest and most powerful reason was our Staffing Crisis.  We could have used that to have gotten us A LOT MORE!

Here is a quick review on what Cerbone negotiated.

  1.  We got the same raise as approximately 24 other unions.  In summary it was 3% on July 2017 and maybe 3% on July 2018, if the city projects less than a $200 Million Dollar deficit.  If they project more than a $200 Million Dollar deficit than raise will not go into affect until January 2019.   So keep in mind if that happens, you get 0% increase from July 2018 to January 2019.  If that occurs, and you average out the raise over 2 years, it now becomes a 4.5% raise over the 2 year period.  (See page 1 Bold Underlined Paragraphs.)
  2. Market Wage Adjusted was Suspended.  On page 2 of our contract extension agreement, it clearly states suspended from July 1, 2017 to June 30th, 2019.  What you need to know about this is that the MWA is completed by May 15th and effective by June 25th. (see paragraph 4 page 2 of contract extension agreement)   This was another BIG MISTAKE by Cerbone, he allowed it to be suspended and secondly the suspension date of June 30th prevents us from getting a Market Wage Adjustment in 2019.  (see last bold paragraph page 2 of contract extension agreement)  As it stated in the contract payout is June 25th on the MWA and ours is suspended until June 30th, so technically we are not eligible for a Market Wage Adjustment until June 25, 2020.  Also 2019 is a contract negotiations year beginning in January and ending by June, so what do you think the city will go after?  My guess is they will attempt to reduce the payout of the MWA, because everyone around us is getting raises so their will be a payout in 2020.  The POA understands the power of market wage adjustments not only do they have it in their contract, they also have one in the City Charter.  This will be a future article.
  3. And finally the Weak 9 Month Senior Deputy Vacation book which expires at the end of the contract and has to be renegotiated.  That alone is an example of pure weakness.  Why would you agree to an expiration date, so it always has to be renegotiated (see bold paragraph page 3 of contract extension) and secondly why can’t he get a 12 month vacation book for the Senior Deputies?  He is allowing global drafts and cross division detailing.  And what happened to the Senior Deputy Exam that was supposed to be announced now?  

Here is our 2 Year Contract Extension and I will show you what Union out smarted Cerbone on wages.  Technically they have all outsmarted Cerbone, because none of them gave up a wage increase like we did when he suspended the Market Wage Adjustment, but their was one in particular that got even more during this negotiation process.

 

You will see here that the Machinist & Automotive Trade Union received the same cookie cutter raise for their members in 2014 to 2019. Next I will show you how they got more.

 

Look at this, the Machinist and Automotive Trade Union negotiated an additional 1.15% wage adjustment increase for the Auto Body & Paint Workers.  A Non Law Enforcement Agency outsmarted Cerbone’s contract negotiations and we have an Emergency Staffing Crisis.  While you are working excessively effecting/jeopardizing your health, and taking time out of your life away from your family and friends, other unions got better contracts.

 

Lets Fast Forward to current news.

This could have been us! If I negotiated the contract extension for you, we could have gotten more than 6%. Two unions successfully got a lot more, SEIU got 12% over 3yrs for janitors recently and now 16% over 3yrs for teachers

 

When You Settle for Less, You Get Less!

No More Excuses, Just Progress!

Lomba for DSA President

 

If Cerbone took a Lie Detector Test, would this be the Result?

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Let’s take a look at Eugene Cerbone’s claims on his flyer and compare them to the city documents.

Cerbone’s flyer stated these are his accomplishments on behalf of the DSA and the members.  

  1. Cerbone states he negotiated the current contract and the extension for a 15.5% wage increase.

Here’s the Truth over the last 4 years, Cerbone has gotten us the same raise as the Cadets and up to 24 other unions.  These were Cookie Cutter contract deals that he had accepted.

2014 – 24 Unions got the same raise

2017 – 24 Unions got the same raise and Cerbone Suspended our Market Wage Adjustment which would have gotten us an additional increase of 1%, 2% or more.  Now this is a Loss to our wages going forward.

3. Cerbone Claims he won the senior deputy vacation book. 

What he did not tell you was this; This was such a poor deal their is even an expiration date on it so it has to be re-negotiated and he only got 9 months out of 12 after giving up control of the staffing level minimums to the sheriff (see Staffing level Change details), gave up rank skipping (leap frog see details), gave up our Retroactive Muster Pay approx. $2 Million dollars (approx $6000 each per member see details) and accepting a cookie cutter wage in 2014, 2017 and suspended our Market Wage Adjustment. 

6. Cerbone says he fought for and won earn and burn comp time.

In 2014 his letter to the members stating SFDSA Contract Update states:  He traded off carrying over your comp. time when you promote.  This changed to now you can only carry over 40 over of comp. time if you promote, in order to get the earn and burn.  Not much of a fight and win especially after all the giveaways I mentioned above.  When you look at the SFDSA Contract Update document you will notice Cerbone never told the members about the Staffing level language change and removal of Entry Level and Promotional Qualifications

7.  Cerbone says he was instrumental in the creation of a professional web page. 

I am not sure if “instrumental in the creation” is the correct phrase for what he did when he copied pages of the DSA website I had created and moved them into a new website built by 911 media.

11.  Cerbone states put us back in plan 1 (best) for legal coverage.

This did not help Deputy Martin when he was terminated.  Nor did Cerbone reach out to help him.

12. Cerbone said he settled all prior lawsuits.

Why is he settling lawsuits and not winning them?

13.  Cerbone stated he protected minimum staffing.

After Cerbone changed the staffing minimum language in 2014 their has been a lot of staffing minimum grievances.  Before this change the language was strong and if violated it would have been a winning breach of contract lawsuit.  Now with Cerbone’s change it was weakened and he gave the sheriff power to adjust it in our contract, thus all the grievances.  To me, this is not protecting the minimum staffing.

As you can see in the above, history has repeated itself with Cerbone’s weak contract negotiating. His past behavior shows a pattern of his methods and results.  When we as a membership, settle for less, we get less.

In present time, you see his fight or lack of fight on the fair share overtime, his lack of fight in stopping cross division detailing, his lack of fight in returning seniority rights, his lack of fight with the emergency level of low staffing.  

 

Lomba for DSA President

No More Excuses, Just Progress

 

 

 

My First 100 Days Plan of Action

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Lomba for President

First 100 Days:

  1. I Will make these Priority DSA Issues; Get us more money, Fix the Staffing Shortage, Stop Cross Division Detailing, Stop the Global Draft, Return Seniority Rights, Replace Aging and Unsafe Vehicles, Increase Training Hours with Job Related Training, Secured Parking

  2. I Will have three professionals audit our contract to identify weaknesses and get their recommendations to strengthen our contract.

  3. Anything that is not pensionable in our Contract, I Will work at making it pensionable. For future contracts, pensionable incentives will be a priority, fixing longevity pay for the new Deputies, I will work to obtain a incentive pay for FOD, Muster Prep Pay for Senior Deputies, Assistant Watch Commander Pay for Senior Deputies, Retention Incentive at 20 years, Retention Incentive at 25 years, Hiring Bonus, Fitness incentives, Parking Reimbursements, make Vacation and Holiday considered as Work Time in CBA to reduce straight time O/T, Property Bonuses if you purchase or rent a home in SF, fix the Senior Deputy Vacation book so it is 12 months with no expiration date and increase our Uniform Allowance .

  4. I Will research our 8302 Miscellaneous Probationary Period SFERS retirement to either move it to CALPERS or conduct a Ballot Initiative to move it to Sheriffs SFERS which is a higher pay out.

  5. I Will add two additional services for you. We will have a Workers Comp Legal Adviser and a Harassment Legal Adviser. If you have any problems with Harassment/Retaliation or DP/Workers Comp process you will have professional help. Something as simple as a phone call or letter from our legal adviser during a difficult time may resolve the matter.

  6. I Will Cut Financial Waste. No more frivolous or indecisive lawsuits. When we have a lawsuit it will be fought to WIN! Financial Records will be detailed and transparent. Everything I do will be to get you better wages, benefits, better working conditions and to make the DSA Stronger.

  7. I Will start a Public Relations Campaign to increase awareness of our Heroic Acts, our Charity Events, our Participation in the Public so the voters know who we are and all the good we do.

  8. I Will have Training for the Members on what you should know about the Peace Officer Bill of Rights and Internal Affairs.

  1. I Will provide Training to the Executive Board and Shop Stewards related to their tasks and job.

  2. I Will start functional Committees to help the members and DSA:

    (All members welcome to join)

    1. Investigations Committee to investigate and assist with grievances, policy issues, contract and labor agreement issues.

    2. Public Relations Committee to develop ideas on public events. (Teddy Bears for Kids, Fingerprint ID Kits for children, helping the elderly, helping the low income)

    3. Research and Development Committee to research new ideas, ballot initiatives, DSA expansion, Dept Expansion, Positive Work Condition Changes

    4. Budget & Finance Committee to act as an oversight committee to the DSA’s expenditures.

    5. Entertainment Committee to set up events for members so we can come together and have a great time.

Lomba for President

No More Excuses, Just Progress

VoteforLomba.com

How We Stopped the Early Ballot Box Pick Ups!

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In 2015 something happened that shocked the members.  What was it?  It was the outcome of the Executive Board Election.  This was Eugene Cerbone’s second term as President.  What was shocking about it was that every person that Cerbone endorsed Won and they all averaged 300 votes.  This was at a time when the majority of members were upset with his contract take aways, giving up the retroactive muster pay, selling out the new guys with a 18 year longevity pay and getting nothing for the members but a cookie cutter contract.   Although that was shocking something very suspicious occurred as well and that was the ballot boxes were picked up days early, stored in the DSA office where the blank ballets and envelopes were kept along with the keys to the ballot boxes.  Since that day, every election the ballot boxes were picked up early and everything Cerbone wanted passed and if for some reason it did not pass, then he conducted another vote until it past.

 

A large group of members wanted this stopped because if it wasn’t how could we ever have a fair election.  Several times I had discussed this and requested that it be stopped.  I even sent a formal request by email to stop the early ballot box pick up, but those requests were ignored.  Since our DSA President was not stopping this practice, we only had one remedy left and that was to let a judge decide if it was right or wrong.  On April 7 2017, we filed a lawsuit against two special elections pointing out all the illegal violations, bylaw violations and lack of security of the ballot boxes.

 

 

The next step of our plan was to file a Exparte Application for a Temporary Restraining Order.  In a civil case like this to get a TRO you must first have filed a civil complaint, which we did described above.  Secondly in order to get a Temporary Restraining Order their must be a reoccurring problem, which we had consistent early ballot box pick ups  We brought this issue before the court. 

 

 

The judge denied relief in relation to having re-election, but that was okay with the coming elections that was not our objective.  Our objective was to STOP the early ballot box pick up.  The judge recognized and agreed that they early ballot box pick ups was wrong.  The judge asked that the DSA attorneys make an agreement with our attorney, so we agreed to a 3 hour pick up starting at 1300 hrs., myself or a neutral party will watch over the ballot boxes as they arrive and shop stewards will be allowed to pick up the ballot boxes.

 

 

In typical Cerbone fashion, Cerbone wrote a letter to the members misleading them to believe that he fought for the members and the DSA Attorneys fought for the members stopping this lawsuit.  Let me show you what they fought for.  You will see a couple pages from their declaration statements and responses.  In these documents you will see they were fighting to continue with the Early Ballot Box pick up practice.  Not only did they do that, but Cerbone admits that he is using Executive Board Release time for Executive Board members to pick up the ballot boxes which is a violation of our Collective Bargaining Agreement.  Violating and misusing the Executive Board Release time can open up a lot of new problems such as the configuration of the Agency Shop Fee but we will look into that later.

Let’s take a look at the last page of Cerbone’s statement.  This is his “fight” for the members to have fair elections or is it his fight for continuing manipulation?

And here is the DSA Attorney fighting to continue Early Ballot Box Pick Ups.

 

We Did This For Fair Elections, We Did This To Protect Your Future, We Did This For You!

This is how we stopped the early ballot box pick up.  We WON, Not Cerbone!

Lomba for DSA President

SD/LT Lawsuit, were you Lied To?

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In September 2014 all the Senior Deputies were in for a SHOCK?  The days when they were eligible to qualify and test for the Lieutenants position were gone.  When the LT’s Exam announcement came out the Senior Deputies were eliminated from the qualifications and could not test for the promotional job opening.

The Senior Deputies were upset and rightfully so.  

THE TRUTH ARE IN THE DOCUMENTS

So What Happened?  Here Are The Chain of Events.

  1.  It ALL began when DSA President Cerbone removed Entry Level and Promotional Qualifications from our Contract in 2014 and he did not notify the membership of this.
  2. Senior Deputies Complained when they were removed from the LT exam qualifications
  3. Cerbone promised to fight it but never told them he had removed Entry Level and Promotional Qualifications from the contract April 24, 2014
  4. Cerbone filed a Grievance, an Unfair Labor Practice Complaint and a Lawsuit

Let Me Show You What Happened!

 

5.  Cerbone filed a lawsuit in 12/2014 but never set a Court Date and never Submitted Declaration Statements.  The Lawsuit has sat with no activity for years!

6. Unfair Labor Practice

7. Grievance

8.  The City Responded and Claimed Cerbone had UNCLEAN HANDS

City says DSA has UnClean Hands and has engaged in wrongful misconduct and/or omissions in connection with the claim that form the basis for this litigation. Full Document

 

9.  The DSA did not respond to the Civil Service Commission and the Unfair Labor Practice was DISMISSED!

 

10.  The DSA did not respond to Employee Relations and the Arbitration was Closed with Prejudice!

 

11.  Public Records request for Arbitration details.  DHR stated no records of it going to Arbitration.

 

12.  Public Records request for Arbitration details.  City Attorney Office stated no records of it going to Arbitration.

 

No Activity since 2015

Briefing Pay – What Happened to the Retroactive Pay?

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What happened with the 15 Minute Briefing Pay negotiations in 2014?  Why didn’t we get retroactive pay?  Why didn’t we get overtime for the 15 minute briefing going forward?  Let’s take a look at some documents and facts.  When Cerbone became DSA President in 2014 why did he settle a MULTI-MILLION Dollar Lawsuit for no retroactive pay and not even for overtime pay?  He did not even allow the members to vote on this decision. (more…)