Following a federal court order by Judge Claudia Wilken halting the implementation of severe cuts to home care for 130,000 Californians, new information presented during a Capitol hearing yesterday demonstrates that the Schwarzenegger Administration is unprepared to meet its own Nov. 1 deadline to implement new restrictions on In-Home Supportive Services (IHSS) program providers.

At least seven California counties have said that the Administration has provided confusing orders and failed to provide funds and materials promised to counties and at yesterday's legislative hearing, counties and stakeholders described how home care providers, and the seniors and people with disabilities who rely on home care have been thrown into a state of confusion due to the lack of preparedness. "It is troubling that with just four days until new job requirements go into effect, the State still has not given us clear information on what these changes mean for our jobs and for the people we serve," said Raul Rivera, a home care worker represented by SEIU 521 in Santa Clara County.

Who's going to be the most affected by Gov. Schwarzenegger's failure to provide adequate time to implement changes and consistent, clear guidelines: the state's approximately 450,000 elderly and disabled care recipients, as well as close to 380,000 providers statewide. What is the Schwarzenegger Administrations' reaction to CA counties' warnings of the chaos and panic likely to ensue, should these cuts go forward on Nov. 1 as planned? Tough luck! (and that's phrasing it nicely). Officials said today that they intend to go forward with the scheduled November 1st implementation date.

More about the specific concerns and obstacles preventing county governments from implementing the changes the Schwarzenegger administration ordered at the SEIU California State Council website and California Progress.

Gov. Schwarzenegger signed the state budget into law last week, but not before chopping another half billion dollars from services for women, children, the sick and the elderly - services that just days before he'd agreed not to cut any further. Legislators, feeling betrayed, may head to court to challenge the legality of the cuts.

According to the Daily Roundup, "Gov. Arnold Schwarzenegger seemed to relish the task of reining in government spending, almost as if it was another cinematic role in which to star.

"With gusto, he launched blistering attacks against fraud in the welfare system, demanding that those abusing the system be kicked out. He unwaveringly stood his ground on taxes, never allowing Democrats to seriously consider including them in negotiations. And he proclaimed himself the guardian of responsible, frugal government.

"It didn't seem to matter to Schwarzenegger that fraud in the system was minuscule compared with other soaring costs; or that voters actually favored taxes on oil companies, alcoholic beverages and tobacco products; or that he'd previously increased state spending by tens of billions of dollars after coming to office in 2003."

What matters, what doesn't

In making the additional cuts, the governor made his priorities crystal clear. He cut:

• $80 million that pays for workers who help abused and neglected children;
• $50 million from Healthy Families, which has already frozen enrollment and now will actually disenroll more than half a million children who are currently covered. In blunter terms, it takes away health care from half a million kids. Why? Because he can. It's easy to take candy from a baby.
• $50 million from services for developmentally disabled children age 3 and under;
• $16 million from programs protecting women from domestic violence;
• $6.3 million from services for the elderly;
• $6.2 million from parks.

But according to veteran Sacramento reporter Bill Cavala, new revenues that might have saved these and other services never really had a chance:

"The fight for revenue increases was effectively lost when the Governor and the Republicans were successful in depicting the defeat of the various ballot measures -- especially Prop. 1A -- as a referendum against taxes.

[...] The lack of public pressure ... combined with the need to involve Republicans because of the 2/3 requirement and the need for a signature gave the Democrats no real hand to play. Holding a gun to the head of Democrats by threatening the very existence of social service programs, the Governor was able to force changes in law otherwise unthinkable by the Majority Party."

So there you have it: government by extortion. Experts say we'll be back at it by October, trying to reform California's government, tax code, and maybe even the State Constitution. California needs a new way of working.

Detailed budget analysis from the California Budget Project - www.cbp.org

(Thanks to SEIU Local 1021 for this budget update)

By a 74 percent margin, SEIU Local 1000 state workers in California voted to step up pressure on Governor Arnold Schwarzenegger to ensure that the contract signed with the governor's representatives this past February is ratified. "We are not going to stand by and let him [Schwarzenegger] hurt California, our families and ruin the quality public services we provide," said SEIU President Yvonne Walker, making clear that the workers would strike if necessary. "We wouldn't be in this situation if the governor had lived up to his word and supported the contract that he agreed to, which would save the state $340 million," Walker added.

Local 1000 represents 95,000 state workers in numerous government agencies including clerks at the DMV, healthcare professionals in public hospitals, librarians at the State Library and auditors at the state tax board. More at SEIU Local 1000's website and the LA Times.

With a future body count guaranteed to make it a horror film classic, the new California state budget approved by legislators on Friday puts an end to the endless "debate" that's been causing debilitating migraines even in those who don't suffer them.

But the pain is far from over. Governor Arnold Schwarzenegger and his band of loyal lawmakers proved they're no 'girlie-men' with the budget cuts by taking healthcare from the sick and frail and every kind of care from the elderly; by closing schools so kids have nowhere to learn, and after-school programs so they have nowhere else to go. They closed the deficit by privatizing public services and throwing public servants under the bus, while taking money with impudence from those who remain. And if you thought these outcomes were shocking, here's the most shocking thing of all: CA lawmakers managed all of this without taxing corporations one single additional dime.

And no doubt the heads of those corporations will be spending this glorious, victorious weekend with Governor Arnold in his hot tub, smoking their cigars.

The difference
Rapid action by members of SEIU Local 1021, Local 1000 and all the California locals, together with the communities they serve, prevented the outcome of the budget deal from being much worse. "While we don't like the outcome [of this budget], had we not gotten involved it would have been much worse," said SEIU executive vice president Eliseo Medina.

Working closely in collaboration with communities and allies, scores of public events were held all over the state that put a human face on the cuts to home care, health care, CalWORKS, schools, and other public services. All together, SEIU members made 40,000 calls to the Governor and legislators, took part in 400-plus lobby days and sent 100,000 petitions and postcards. The most dramatic difference these efforts made is that new revenues are finally on the table and, against the odds, even made it into the Conference Committee budget. And more significantly, SEIU members, CA activists and allies helped scale back (and lessen in severity) the Governor's worst cuts:

• Home care: In-home Supportive Services (IHSS) will be cut by 20 percent instead of 90 percent.
  
• CalWORKS will be cut 40 percent instead of eliminated entirely.
  
• Healthy Families: The Governor wanted to eliminate the program entirely - instead, it was cut by 50 percent.
  
• Education: Despite deep cuts to education, Proposition 98 was not suspended and legislative safeguards on school outsourcing were protected.
  
• State workers: Workers' pensions and health care were protected, and a fourth furlough day has not been issued like Governor Schwarzenegger threatened.

As California confronts severe budget difficulties in coming months, the war of words, lobby days and public actions are far from over. Middle-class families will continue to challenge state leaders to provide a common sense, balanced approach--even when it requires that our leaders have the courage to stand up to powerful corporate interests. More news and reports on the CA budget can be found from Rough & Tumble and California Budget Project.

Thanks to SEIU Local 1021 for this budget update.

A U.S. District Court judge issued a preliminary injunction last month ordering the state of California to halt pay cuts of nearly 20 percent -- from $12.10 an hour down to $9.50 -- for the state's 400,000 home care workers. The injunction, issued by federal judge Claudia Wilken, has the effect of stopping pay cuts in all California counties that were planning on passing the state cut through to their home care workers, beginning on July 1, 2009.

Sounds like a pretty cut-and-dry ruling...until you remember that you're dealing with Governor Schwarzenegger, who apparently stands above the law [unless he's the one making it]. The Governor and CA state officials are refusing to abide by Judge Wilken's preliminary injunction preventing the slashing of salaries for in-home caregivers. SEIU is fighting back by filing a motion in U.S. District Court, asking the court to hold the State in contempt for illegally cutting the wages of IHSS workers in defiance of the earlier court order.

Since Judge Wilken's ruling, numerous counties have submitted requests to reinstate IHSS worker pay--but State officials are claiming that they need 60 days to process the requests. "Instead of honoring the court's decision and keeping our pay as it is, the State is dragging its feet, making up excuses, and placing this lifeline service in jeopardy," said Mary Harms, a Contra Costa County home care worker.

The Governor vowed again last week, in a brief question and answer period from reporters, that he would not sign any budget deal that included any tax increases, saying "I made this very real clear that I will never sign a budget with tax increases or extra fees or other kind of trickery that is proposed. I will not a budget that is a partial budget - we want to address the entire $26 billion - we want to do it making the necessary cuts and also getting rid of the waste and abuse that is going on within those programs." Most people--myself included--would not qualify providing social services for people who need it, like the elderly or persons with disabilities--as a "waste" of the state's budget.

Speaker of the House Karen Bass said last week of Schwarzenegger: "I do believe he is completely overstating it and making IHSS as though it is some huge part of the budget, when it is actually 1.5 % of the state budget...the IHSS program saves money in the long run because it prevents people from being in nursing homes. What shouldn't we be wasting any of, in Speaker Bass's opinion? Time. "I just believe that we really don't have any time to waste - and what is most important that we close the deficit. The issue of reforms are critical - but we can begin the reform process the day after the budget revision is signed." Please call the Governor now and tell him: "Home care not only saves money, it saves lives. We need a common sense budget that protects home care."

A U.S. District Court judge issued a preliminary injunction last week ordering the state of California to halt pay cuts of nearly 20 percent -- from $12.10 an hour down to $9.50 -- for the state's 400,000 home care workers. This ruling is big news for home care workers and those they care for, as it will temporarily stop the cuts that were to go into effect July 1st in those counties at risk.

There's a war being waged against home care, and Governor Schwarzenegger is leading the call. We can celebrate this initial victory, but this injunction will not stop the Governor from trying to cut home care again. CA State Department of Finance spokesman H.D. Palmer has made this much clear, saying that the Schwarzenegger administration "can't imagine a legal interpretation that would prevent the state from moving forward to implement [the proposed cuts to home care]."

It's up to us to keep the pressure on. Now that a court has ruled against the Governor and his cuts, we need to ask him to reverse course on these short-sighted cuts.
Please call the Governor now and tell him: "Home care not only saves money, it saves lives. We need a common sense budget that protects home care:"

HUGE news for home care workers and those they care for. In response to SEIU lawsuit, a U.S. District Court judge issued an injunction Thursday afternoon ordering the state of California to halt a proposed $2 cut in wages for the state's 400,000 home care workers.

The injunction has the effect of stopping pay cuts in all California counties that were planning on passing the state cut through to their home care workers.

The injunction, issued by federal judge Claudia Wilken, was in response to a lawsuit filed by the Service Employees International Union (SEIU), which has 250,000 home care members in California. The lawsuit alleges the wage cut violates the federal Medicaid Law, Americans with Disabilities Act, and Rehabilitation Act.

"This ruling is bringing hope to hundreds of thousands of home care consumers and workers all across the state," said Mary Harms, a home care worker in Contra Costa County. "We had no choice but to ask the court to help us after the governor and legislature let everyone down and put so many people in danger."

The enjoined state budget cuts would have slashed homecare workers' wages to as low as $9.50 an hour. The wage cuts would have forced thousands of homecare providers to leave their employment to seek living-wage jobs, forcing frail seniors and people with disabilities to enter nursing homes or other residential institutions.

On Tuesday, lawmakers on the California Legislature's joint budget committee refused to cut state worker pay and spared that state's In-Home Support Services the major cut that Gov. Arnold Schwarzenegger proposed as part of his plan to solve the state's $24.3 billion deficit.

Under the governor's budget proposal, IHSS would stand to lose roughly $765 million, resulting in a near-elimination of services for nearly 400,000 people---or 90 percent of the elderly or disabled persons currently receiving care. Making such drastic cuts to California's IHSS program to make up for budgetary shortfalls would also result in more people having to resort to institutional care (nursing homes or other residential institutions)-- which is estimated to be four times more expensive to the State.

Assemblywoman Noreen Evans, who chairs the budget conference committee, reiterated the counter-productiveness of such large cuts to balance the deficit. Such large cuts would have been tantamount to cost shifting, Evans told the San Francisco Chronicle, as people would receive more expensive services at already-strained hospitals and nursing homes. "The imagination runs wild on what would actually happen to these people," said Evans. In contrast, the Conference Committee rejected the Governor's near-elimination of IHSS and passed cuts totaling $117 million, which would eliminate services for slightly less than 10% of those currently enrolled.

California Home Care Workers Rally at the State Capitol to Save the Services they Provide to California's Most Vulnerable: SEIU has played a big role in the movement to fight these cuts, mobilizing support for a fair state budget and balance budget approach that protects middle-class families, seniors, kids, and people with disabilities. Last week, SEIU released a TV ad arguing for a balanced approach and earlier this week, hundreds of home care workers rallied on the grounds of the California State Capital. "Stop home care cuts" was the message home care workers made loud and clear on the grounds of the California State Capital, as care providers from across the state displayed a 625 square-foot sign made up of more than 75,000 postcards calling for an end to the governor's drastic cuts to the In-Home Supportive Services (IHSS) program. In addition to the TV ad campaign, SEIU is encouraging Californians to weigh in for common sense budget at www.commonsense4ca.org.

The bottom line: Laying off state workers from their jobs and cutting their pay on top of the 9.2 percent cut those workers have taken through unpaid furloughs days is not the answer to solving this budget crisis. Neither is shredding California's social safety net and decimating state programs like the welfare-to-work program and health insurance for children. To produce revenue for the state, the legislative budget panel instead approved on Tuesday plans to hike up taxes on oil and tobacco, which would produce an estimated $830 million and $1 billion, respectively, in the coming fiscal year. Repealing a corporate tax break approved only a few months ago would produce another $80 million.

Senate President Pro Tem Darrell Steinberg (D-Sacramento) and Assembly Speaker Karen Bass (D-Los Angeles) said yesterday at their press conference that they "expect that [their] Republican colleagues will be responsible" in helping them pass a "compromise" budget. Lawmakers are meeting with Schwarzenegger again today, and the two Democratic leaders are holding out the possibility that common ground can be reached to put a Legislature-approved plan on how to close the state's deficit by the middle of next week. Highlights of the Legislature's approach to solving the budget crisis at California Progress Report here.

For more than 18 months, SEIU Local 1000 has been suggesting alternatives to Schwarzenegger's draconian cuts--promoting budget-balancing proposals worth billions of dollars, including the elimination of costly private vendor contracts. Instead, Gov. Schwarzenegger has fought to reduce the budget deficit by laying off 5,000 state workers from agencies supported by the General Fund, along with a 5 percent across-the-board pay cut for state workers. "Why in a time of crisis, [...] wouldn't the governor and the Legislature cut wasteful spending first, especially when state workers can do the work for one-third or even one half less?" questioned Local 1000 President Yvonne Walker.

Finally...Schwarzenegger Agrees with SEIU: Use of Government Vendors needs Revamping
Yesterday, Governor Arnold Schwarzenegger issued an executive order calling for all unfulfilled state department vendor contracts to be canceled through the end of the fiscal year, retroactive to March 1, and to cut outside contracts by 15 percent. Schwarzenegger's recognition of the vendor waste is just the tip of the iceberg. SEIU Local 1000 believes the California government is hiding $34.7 billion in some 13,600 vendor contracts.

Read the study prepared by SEIU Local 1000, which represents 95,000 state government workers, showing California's "hidden branch of government."

They came from across Fresno County, California, the U.S., and Canada with one mission: to protect Fresno County home care.

More than 900 SEIU members and activists gathered on Sunday, May 31st at the Fresno County Fairgrounds to kick off a massive "Get Out the Vote" effort to help home care workers protect their jobs, pay, and union. Rally participants pledged to help keep hope alive for 10,000 SEIU UHW Fresno County home care members, as they fight proposed wage-and-benefit cuts of $1 per hour beginning July 1 and vote in an election to determine their union representation on June 15.

One particularly remarkable Fresno county home care consumer and union activist appeared at yesterday's kick-off: ninety year-old Jessie Lopez De La Cruz, who was UFW's very first female organizer, hired by the notable Cesar Chavez himself in 1964. It was due to the tenacity of supporters like Lopez de la Cruz that the farm workers' cause and crusade for social justice received national attention and helped influenced labor laws.

Ms. Lopez De La Cruz had a special message when introducing SEIU Executive VP (and SEIU UHW trustee) Eliseo Medina at yesterday's event, as both worked alongside Cesar Chavez with the UFW: "The last time I was in these fairgrounds was 1973, when Cesar Chavez and hundreds and hundreds of farm workers were arrested in protests, and they put us in jail. I know the important work you do, and I support SEIU UHW!" Ms. Lopez De La Cruz urged everyone to stand strong for the SEIU UHW members who provide her care.

Cutting Home Care Workers' Wages: the Many Aftershocks
Of the roughly two million home care workers nationwide, more than 20 percent earn incomes below the poverty level. The 10,000 or so workers who provide in-home care for the elderly and those with disabilities in Fresno County might soon increase this overall number, as they end up below the poverty line in the aftermath of Gov. Schwarzenegger's proposed July 1 wage cuts. At any rate, slashing the state's already-low direct care wages at any level will likely force thousands of home care providers to leave their jobs in and cause workers to be more reliant on the state's support services.

"The economy is already devastating California's families, so this isn't a time to be cutting necessary support systems or reducing those already-small wages," said Bernadette Lynch, president of California Association of Public Authorities for In-Home Supportive Services (IHSS) and executive director for Sacramento County IHSS Public Authority. "The current pay for home care workers doesn't even amount to a living wage at this point, except in one or two counties. Reducing it will end up causing a dearth of providers, which will hurt consumers. It's devastating." Taking money away from California's program to make up for budgetary shortfalls will also result in more people having to resort to institutional care (nursing homes or other residental institutions)-- which is estimated to be four times more expensive to the State.

SEIU Files a Class-Action Lawsuit
Last week, SEIU filed a class-action lawsuit in U.S. District Court, Northern District of California, seeking a preliminary junction to stop the State of California and Fresno County from slashing the wages of home care workers to near-poverty levels and from to reducing the hours of care seniors and people with disabilities receive from going into effect. The suit, brought on behalf of individual consumers and SEIU, charges that the planned cuts put seniors and people with disabilities at risk and violate the American with Disabilities Act and Federal Medicaid Law.

Between now and July 1st - the date the home care cuts are supposed to take effect - home care workers, their families and supporters have much to fight for. Stop the home care cuts in California.