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WEAVE: Database Puts State Workers at Risk
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Topic: WEAVE: Database Puts State Workers at Risk (Read 5503 times)
randb
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #15 on:
March 05, 2008, 05:45:46 PM »
Quote from: Eric on March 05, 2008, 03:11:31 PM
I have just removed all subscription links/banners to the Sacramento Bee from SacForums.com.
Thanks Eric. I think the google ads are more what I am looking for anyway
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pinche
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #16 on:
March 05, 2008, 08:44:02 PM »
Quote from: e8soldier on March 05, 2008, 04:54:37 PM
See item 6. Looks like sacbee broke the law.
http://www.calaware.org/downloads/Top10_CPRAExemptions.pdf
Unfortunately in the CPRA guidelines there is a specific line that states that employment contracts are not exempt from disclosure and must be provided. The employment contract is what contains your pay, job location, and personnel action history if transferred. Unless this CPRA is repealed our information can be accessed anytime anyone wants it.
The specific section in the Act is 6254.8
#
6254.8. Every employment contract between a state or local agency
and any public official or public employee is a public record which
is not subject to the provisions of Sections 6254 and 6255.
6254 and 6255 are exemption descriptions
«
Last Edit: March 05, 2008, 08:49:24 PM by pinche
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e8soldier
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #17 on:
March 06, 2008, 08:34:28 AM »
Here' s 50 people you can email if you want to complain about what the Bee did:
advertise@sacbee.com
,ahains@mbayaq.org,arollin@sacbee.com,avoisin@sacbee.com,behlert@sacbee.com,c_simon@lexusofsacramento.net,canderson@sacbee.com,chroniclewatch@sfchronicle.com,danderluh@sacbee.com,dmcnamara@sacbee.com,dwalters@sacbee.com,elintecum@mcclatchy.com,gbenjamin@sacbee.com,gbourtayre@sacbee.com,gregj@saturnofroseville.com,hyoung@sacbee.com,info@calcsea.org,jforward@herburger.net,jpaquette@sacbee.com,jterhaar@sacbee.com,jthrede@sacbee.com,jwong@sacbee.com,kchavez@sacbee.com,kjeffries@mbayaq.org,kmckenna@sacbee.com,kpeterson@mbayaq.org,letters@sfchronicle.com,lheyamoto@sacbee.com,mbodourian@sacbee.com,mbreton@sacbee.com,mgannon@sacbee.com,mikeg@goldcountrymedia.com,mmcneal@sacbee.com,msaltzman@sacbee.com,msill@sacbee.com,newstips@sacbee.com,pdinsmore@sacbee.com,preps@sacbee.com,ptira@mcclatchy.com,publiceditor@sacbee.com,questions@jillianmichaels.com,rblomster@sacbee.com,rrodell@lexusofsacramento.net,sbernard@sacbee.com,sdeegan@sacbee.com,slebar@sacbee.com,swiegand@sacbee.com,swilliams@sacbee.com,timm@goldcountrymedia.com,tnegrete@sacbee.com,vmina@sacbee.com
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e8soldier
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #18 on:
March 06, 2008, 08:47:46 AM »
Here is an excerpt from the Legal Opinion (see link in my post - #13).
6254.8--Public Employee Employment Contracts
The Daily News argues that section 6254.8 mandates disclosure of the information
sought. Section 6254.8 provides: "Every employment contract between a state or local
agency and any public official or public employee is a public record which is not subject
to the provisions of Sections 6254 [exemption for personnel files] and 6255 [catch-all
exemption]." The term "employment contract" is not defined. Significantly, the statute
does not refer to other documents that may reflect a term normally found in an
employment agreement.
Despite this lack of reference to other evidence of individual items or terms of an
employment contract, the Daily News contends that a public employee's name and
compensation are the kind of information that would be found in an employment contract
and are therefore subject to disclosure without regard to any exemption. It relies on
opinions of the California Attorney General regarding the importance of the public's right
to know how its business is being conducted and the argument that any information
relating to public employment is a public record that is not subject to exemption.
Little authority is available regarding the Legislature's intent in enacting the section
6254.8 exemption. Of the Attorney General's opinions cited, one [112 Cal.App.4th
1517] concerns disclosure of the name and salary of retired public employees. That
opinion predates the enactment of the CPRA and the addition of the right of privacy to
article I, section 1 of the California Constitution. (25 Ops.Cal.Atty.Gen. 90 (1955);
American Academy of Pediatrics v. Lungren (1997) 16 Cal.4th 307, 424 [66 Cal. Rptr. 2d
210, 940 P.2d 797] [added by initiative adopted Nov. 7, 1972].) fn. 14 Because its
analysis is outdated, that opinion is of no assistance here.
Another opinion that cites section 6254.8 determined that the salary of a public hospital
administrator is part of his employment contract and should be disclosed by a public
agency even though the salary was set in a closed executive session. (63
Ops.Cal.Atty.Gen. 215 (1980).) But that opinion concerns an administrator and not a
regular public employee.
We are aware of only one case discussing section 6254.8, Braun, supra, 154 Cal. App. 3d
332. The Braun court, without analysis, characterized letters appointing a city
administrator and rescinding the appointment as manifesting his employment contract
and therefore properly disclosed. (Braun, supra, at p. 344.) The issue of whether the
name of an ordinary public employee, coupled with detailed salary information, is
properly included in the Legislature's description of an employment contract under
section 6254.8, was not discussed in Braun or any other cited authority.
The Unions have supplied documents indicating the legislative intent behind the
enactment of section 6254.8. fn. 15 The legislative history of the employment contract
provision, especially when considered in light of the general law regarding public
employees, supports the Unions' construction of the statute. The Unions argue that the
legislative documents show the Legislature intended that the section apply only to highlevel
state and local officials who are, in some instances, employed pursuant to individual
contracts, and not to regular civil service employees.
An Assembly committee analysis of Senate Bill No. 1529 and a letter from the author
note that the bill was introduced as a result of a complaint regarding the employment
contract of a high university official.
The analysis notes the intent to limit the application
to high public officials, but expresses [112 Cal.App.4th 1518] concern that the lack of a
definition of "employment contracts" could be construed to impact regular civil service
employees. The analysis also notes that the State Personnel Board reported that no civil
service employees were covered by employment contracts. (Assem. Com. on
Employment and Public Employees, Analysis of Sen. Bill No. 1529 (1973-1974 Reg.
Sess.) as amended Mar. 19, 1974, p. 1.) The Assembly analysis states that the State
Personnel Board does not consider any civil service appointment document to be an
"employment contract." (Off. of Sen. Floor Analyses, 3d reading analysis of Sen. Bill No.
1529 (1973-1974 Reg. Sess.) p. 1.)
Earlier versions of the bill analysis stated that the State Personnel Board considered a
civil service appointment document to be an employment contract. (Legis. Analyst,
analysis of Sen. Bill No. 1529 (1973-1974 Reg. Sess.) p. 1.) An amendment was added
that excepted state civil service appointment documents and stated: "For the purposes of
this section, a state civil service appointment document is not an employment contract."
(Author's Amendment 1, Mar. 5, 1974.) The University of California objected to the
amendment because its employees were not subject to civil service and might be treated
differently from other public employees. The University urged uniform application to all
public employees. (Material from the legislative file of Sen. Nejedly on Sen. Bill No.
1529.) The language referencing civil service was then deleted. (Assem. Amend. to Sen.
Bill No. 1529 (1973-1974 Reg. Sess.) Mar. 19, 1974.)
The State Personnel Board submitted an enrolled bill report explaining that it withdrew
its opposition to the bill based on the author's assurance that there was no legislative
intent to affect civil service employees. (State Personnel Bd., Enrolled Bill Rep. on Sen.
Bill No. 1529 (1973-1974 Reg. Sess.), Sept. 10, 1974.)
Also, the Legislative Counsel
submitted a statement to the bill's author indicating that the bill was intended to apply to
contracts such as the one described in an attached newspaper article that was critical of
the withholding of the employment contract of the President of the University of
California. (Material from the legislative file of Sen. Nejedly on Sen. Bill No. 1529.)
The legislative history explains that the State Personnel Board dropped its opposition
because of assurances from the bill's author. The notation by the Legislative Counsel that
the bill was intended to affect employment contracts such as the contract of the President
of the University of California further indicates the intended application of the statute.
We find it instructive to note that the employment of most classified civil service
employees is by statute, rather than contract. [10] "In California [112 Cal.App.4th 1519]
public employment is held not by contract, but by statute. (Miller v. State of California
(1977) 18 Cal.3d 808, 813 [135 Cal. Rptr. 386, 557 P.2d 970] (Miller).) [Citation
omitted.] Relying on Miller, our Supreme Court has made it clear that civil service
employees cannot state a cause of action for breach of contract or breach of the implied
covenant of good faith and fair dealing. [Citation.] This same general principle of law
applies to civil service and noncivil service public employees alike. [Citation.]" (Kim v.
Regents of University of California (2000) 80 Cal.App.4th 160, 164 [95 Cal. Rptr. 2d
10].)
[11]
The legislative history, when viewed with common sense and in light of the law of
public employment, supports the conclusion that employees who are not parties to
employment contracts have no contracts to disclose.
Furthermore, the cities in this action
have already agreed to disclose position titles, base salaries, bonuses and other details of
payment to the public employees. Whatever it means to disclose the employment terms of
these employees who do not have formal contracts, section
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Privacy916
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #19 on:
March 06, 2008, 09:07:26 AM »
Anyone have an email address for someone at the State Controller's Office, possibly Chief Legal Counsel? Please PM me, don't post it here
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Privacy916
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #20 on:
March 06, 2008, 09:28:37 AM »
The Bee's circulation and revenue are down according to
this
, part of McClatchy's SEC filing.
2007
Daily: 270,697
Sunday: 312,706
Revenue: 211,035 (dollars in thousands)
2006
Daily: 283,561
Sunday: 323,271
Revenue: 254,741 (dollars in thousands)
I also saw someone report that Ms. Sill makes over $200k/yr, but I can't find that in McClatchy's Investor Relations section.
«
Last Edit: March 06, 2008, 09:35:56 AM by Privacy916
»
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Privacy916
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #21 on:
March 06, 2008, 09:57:22 AM »
Apparently Melanie Sill has changed the article several times on sacbee.com. Does anyone happen to have a copy of the original, or know what she has changed??
From another comment on sacbee.com:
You have changed & edited your four excuses for why the Bee posted this database at least twice & it's very obvious. Yesterday pm u added info about other states (those state's gov'ts are who posts the info, it's not posted by a tabloid newspaper such as the Bee) & again this am, it's a totally different article. In both yesterday's versions, your tone was very defensive & the facts u stated were inaccurate & not researched; this am, it appears like someone else with better writing & researching skills edited it for you & posted again. However, doesn't matter, yesterday's editorial is what did the most damage & just because you keep changing it (without acknowledging the change by updating the last posted by date which still shows 6:30 3/5/08 as last updated-ANOTHER LIE) doesn't mean you're going to get your subscribers back. Researching the facts NOW instead of BEFORE posting the story was very stupid on your part. Sorry, I don't read tabloid trash & that's what the Bee has become.
and another:
"In other states and counties, media organizations or other private companies have posted the information." This sentence is brand new. Either you have done extensive research overnight to get it or this is another untruth. Sorry, your history has proved you are not trustworthy. So you state the above, I ask that you prove it, name two other websites and provide links them just like you did to Georgia and Iowa - who, BTW, do not have a search engine based on individual names alone. One doesn't do names at all and the other does last names but only in connection with a specific department. Bad comparison on your part.
«
Last Edit: March 06, 2008, 10:00:05 AM by Privacy916
»
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Eric
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #22 on:
March 06, 2008, 10:54:18 AM »
A little bird told me that the Sacramento News and Review might be looking into this. If I get a list of questions or find out what they're looking for, I'll post it here.
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rekcah
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #23 on:
March 06, 2008, 10:57:21 AM »
Quote from: e8soldier on March 06, 2008, 08:34:28 AM
Here' s 50 people you can email if you want to complain about what the Bee did:
advertise@sacbee.com
,ahains@mbayaq.org,arollin@sacbee.com,avoisin@sacbee.com,behlert@sacbee.com,c_simon@lexusofsacramento.net,canderson@sacbee.com,chroniclewatch@sfchronicle.com,danderluh@sacbee.com,dmcnamara@sacbee.com,dwalters@sacbee.com,elintecum@mcclatchy.com,gbenjamin@sacbee.com,gbourtayre@sacbee.com,gregj@saturnofroseville.com,hyoung@sacbee.com,info@calcsea.org,jforward@herburger.net,jpaquette@sacbee.com,jterhaar@sacbee.com,jthrede@sacbee.com,jwong@sacbee.com,kchavez@sacbee.com,kjeffries@mbayaq.org,kmckenna@sacbee.com,kpeterson@mbayaq.org,letters@sfchronicle.com,lheyamoto@sacbee.com,mbodourian@sacbee.com,mbreton@sacbee.com,mgannon@sacbee.com,mikeg@goldcountrymedia.com,mmcneal@sacbee.com,msaltzman@sacbee.com,msill@sacbee.com,newstips@sacbee.com,pdinsmore@sacbee.com,preps@sacbee.com,ptira@mcclatchy.com,publiceditor@sacbee.com,questions@jillianmichaels.com,rblomster@sacbee.com,rrodell@lexusofsacramento.net,sbernard@sacbee.com,sdeegan@sacbee.com,slebar@sacbee.com,swiegand@sacbee.com,swilliams@sacbee.com,timm@goldcountrymedia.com,tnegrete@sacbee.com,vmina@sacbee.com
Thank you for the e-mail link. Here is what I sent to the list above.
I am a new state employee that has only been here four months. I spent 12 years in the private sector in I.T. Last year I decided to start looking for a state job due to the fact that I was tired of always worrying about losing my job. I took about a 40k pay cut to come here. Now I see this Bee article listing my full name including my middle initial where I work what my title is and current low wage.
Yes I understand that this is public info but it was not easy to find. Some one had to make a little effort to find it. Thanks to the Bee any one including criminals can find out a lot of my info by just going to the Bee's website and simply putting in my last name. This is irresponsible on the bee's part. They could have left out our first names and initials. The article was about the employees that made 200,000+ a year so why was database build to hurt the little guy. Yes there are people in the state that are overpaid but there are also a lot of us that took pay cuts and are making the state a better place. Now the Bee has made us the bad guy. Thanks Bee ... thanks for embarrassing me and turning me into the evil state worker so all my friend and family can look up my wages now. Thanks a lot Bee. I hope you're happy.
As of this week all my Bee subscriptions are canceled. I also will not do business with any of the Bee's advertisers. Will this make a difference? Probably not.
All I am asking is the data base to be changed to leave off our first names and Initial. I would also like to see an apology from the Bee.
Thanks
-The Upset and embarrassed
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randb
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #24 on:
March 06, 2008, 11:32:25 AM »
I sent a note to the editor at the Bee, but I did not get a response other that her "out of offcie" reply.
The salary database is very insecure. I was able to pull every record in their database without using names. There are 365,571 records in the database. If I could do then a lot of scammers will be able to just download every record in the database and do with it as they please.
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Eric
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #25 on:
March 06, 2008, 11:55:54 AM »
From what I understand there isn't any other information in the database than what they're displaying, i.e. social security numbers. So, you can feel safe about that, but it's still scary...
Here's something kinda funny... apparently people have been removing newspapers from the machines and just putting them on the ground, evidently in an effort to make the Bee lose money!
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e8soldier
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #26 on:
March 06, 2008, 12:38:25 PM »
Can someone make a simple webpage where we can post names, phone numbers, and email addresses of Bee Advertisers? I'd also like to start hanging fliers around downtown that say "Boycott the BEE"
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e8soldier
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #27 on:
March 06, 2008, 12:53:03 PM »
I just sent this to my union:
I realize you may not have legal standing to sue the Sacrmento Bee. However, could you at least organize a boycott of the Sacramento Bee and their advertisers?
Just print up one of your fliers with background information and contact information for the bee and their advertisers. You could then ask state employees to cancel their subscriptions and email or call all their sponsors.
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Eric
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #28 on:
March 06, 2008, 01:07:14 PM »
Quote from: e8soldier on March 06, 2008, 12:38:25 PM
Can someone make a simple webpage where we can post names, phone numbers, and email addresses of Bee Advertisers? I'd also like to start hanging fliers around downtown that say "Boycott the BEE"
Please feel free to start a new thread here w/ that information if you wish to keep it separate from this thread
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Eric
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Re: WEAVE: Database Puts State Workers at Risk
«
Reply #29 on:
March 06, 2008, 01:09:59 PM »
I was sent a copy of the email from SEIU and this is the response from my inquiry.
Quote
Thanks. Right now Local 1000's attorneys are looking into legal options.
But historically it has been difficult to beat the media on these kinds
of cases. We may also lobby for a change in state law. But that is
time-consuming and does not help our members who experiencing discomfort
right now.
In the short term we are encouraging our members to share their concerns
directly with Bee editors via phone or e-mail. I used to work in
newspapers and I can tell you firsthand that receiving hundreds of
separate complaints by phone or e-mail is more effective and than having
one or two representatives complain on behalf of thousands of state
employees.
We may even schedule do some kind of protest. But for now we are doing
an electronic protest. We suggest that members who are concerned about
this new database contact Bee editor Melanie Sill at (916) 321-1002 or
msill@sacbee.com
, and Public Editor Armando Acuna at (916) 321-1250 or
publiceditor@sacbee.com
; Ms. Sill is the top editor at the Bee and Acuna
handles their reader complaints.
Please feel free to cc any complain via email to Jim Zamora in the SEIU
Local 1000 Communications office at
jzamora@seiu1000.org
.
Jim Herron Zamora
Senior Communications Specialist
Service Employees International Union, Local 1000
1808 14th Street
Sacramento, CA 95811
Work: 916-554-1291
Cell: 916-690-0033
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