California State Senate Adjourns 2007 Session While Bizarre Middle of the Night Hearing Held on Newly Minted Prison Guard Pay Bill

Correa told the committee that there was a $280 million dollar estimated cost to the bill and that $700 million had been set aside in the budget for this.

Committee member Senator Joe Simitian, a Democrat asked two preliminary questions: “Do we have copies of legislation for the committee?” and “Do we have an analysis?” Committee Chair Tom Torlakson advised that there was a copy of the amendment language and that an analysis was “on the way.”

While waiting for documents and copies to arrive, Tom Sheed of the California Department of Finance (part of the Schwarzenegger Administration) sat down at the witness table and told the committee that there had been “quite a few sets of amendments floating around.” He said that there was not $700 million set aside in the budget for this and that “Any dollars will come out of the General Fund reserve.” He also said that “All of the RN’s (document numbering for amendments prepared by the office of Legislative Counsel) we have analyzed would cost substantially ore than the $280 milliion.” He then read the Governor’s statement.

This started a cycle of increasing Republican Senators challenging the witness from the Department of Finance and the Governor’s office and retorts from him in response.

Republican Senator Jim Battin was incredulous and asked if the Governor expected to never have to deal with a contract with the prison guards—and if proof of this was evident in the lack of provision in the budget for it. He said that it was “disingenuous to say this blows a hole in the budget.” When Steed’s answer that it would come from the reserve in the budget drew more questions by Battin about the failure to put money aside, he responded: “That’s a distinction without a difference, Senator” to Battin.

Democratic Senator Darrell Steinberg, then asked one of the questions he needed answered to figure to evaluate the bill—a comparison of the difference between what the administration had offered and what the bill proposed—rather than simply what the bill had in it, Sheed responded, “I’m afraid that at 2:45 in the morning I don’t have the staff to provide you with the answer.”

There was more and more confusion about just what exactly was in the bill and ddiferences between the figures in the language of the amendment before the committee and the analysis that had been prepared

There was then a recess of the committee to allow time for Garcia and the sponsors of the language to clarify this.

Upon returning from the break, Senator Runner accused the Administratin of being “disingenuous” because an arbitrator’s award on the pay increase never showed up in the budget money.

Senator Correa was saying the administrations “hasn’t even put forth its last best offer yet” in the stalled negotiations, and there were remarks. Senator Garcia was attempting to explain the percentage increases in her proposed language, but it was not matching up with documents with the committee. It turned out that there were two amendment documents, one date stamped 1:55 a.m. and another date stamped 1:51 a.m. which was different.

At the mention of the late hour, and as Senior Citizen Senator Cox on the committee who was alert and awake (unlike at least one other Senator on the dais) was joking that “I’m up often at this hour of the night, sometimes two to three times a night” the entire Senate was adjourning and the committee came to an abrupt halt.

There will be talk today about what those who tried these middle of the night shenanigans were trying to accomplish in the face of a strong statement and indicated veto from the Governor and the unusual procedures employed. Did they want to embarrass the Governor—or think they could override him?

There are some serious issues about the prison guards working without a contract for over a year now and problems in hiring guards. But the middle of the night and sudden amendments are not the best way to discuss them.