UAPD Legal Issues
Many Victories, Many Appeals, in State Worker Furlough Suit
UAPD continues to rack up legal victories in the fight against furloughs, while the Schwarzenegger administration continues to spend big on appeals
Read More About Furlough Lawsuit
Legal Consultation Fund: A Resource for UAPD Members
Starting January 1, 2010, any UAPD member who has received a formal written notice of suspension, termination, or limitation of medical staff privileges can apply to receive up to $500 per case and per year to pay for legal consultation. The fund will be used to pay for attorneys who have been approved by UAPD to provide this service. UAPD will continue its practice of offering non-lawyer representation at the initial stages of disciplinary proceedings.
To determine if they are eligible to receive funds under this policy, the member must apply to a three person screening commitee appointed by the UAPD President. The decisions of this Committee shall be final. Other restrictions apply-- please contact the Oakland office at 510-839-0193 for details and to submit an application to the screening committee.
Open Legal Cases
When employers overstep the law, one powerful tool in a union’s arsenal is litigation. Through its attorneys, UAPD files many court cases on behalf of members every year. The Union files these cases in order to rectify current problems and to deter employers from engaging in similar bad behavior in the future. At any given moment, UAPD has several pieces of affirmative litigation (legal actions to enforce the rights of the members and union) in the works. In litigation, patience is not only a virtue but a requirement, as each case may spend years moving through the courts. The new “Legal Update” section of the newsletter and website is intended to provide members with monthly updates on the progress of open UAPD legal cases. Current open cases are:
(1) Furloughs of State Employees: UAPD filed a lawsuit regarding furloughs with Alameda Superior Court. The suit argued that doctors who are paid from federal funds or from the State’s Special Funds (monies from specific sources with restricted uses) should not be subject to furloughs, which are intended to address shortages in the state’s General Fund. A significant number of UAPD members, including those employed by DSS, DPH, and DHCS, are paid out of these federal or special fund sources. The suit filed by UAPD states: “The Executive Order as applied to UAPD members whose salaries are funded by sources other than the State’s General Fund is outside the Governor’s legal authority. There is no emergency in the federal funding of DSS or other state agencies, nor in the State’s special funds such as medical licensing fees." UAPD has also filed two charges regarding furloughs with the Public Employee Relations Board, both of which are still pending. Read Update on Furlough Case
(2) Atascadero Contracting-Out: UAPD attorneys filed a complaint with the State Personnel Board (SPB) over Atascadero State Hospital’s use of high paid-contractors rather than civil service employees to do bargaining unit work. The complaint was referred to hearing, which was conducted by an Administrative Law Judge. Due to budget cuts the SPB has not yet prepared a transcript. Once the transcript is prepared UAPD can file its brief.
(3) Yountville Veterans Home Acute Care Unit Closing: UAPD filed a lawsuit, PERB charge and State Personnel Board complaint; we await State’s formal response to each.
(4) San Joaquin County Pension: UAPD continues to work on resolving a lawsuit challenging the County’s refusal to include its doctors in its normal retirement system. While a conceptual settlement was reached, UAPD attorneys are now negotiating details with Retirement Board counsel.
(5) DSS Consultants’ Bonuses & Retirement: There is an appeal pending before CALPERS over its staff refusing to include DSS bonus money as part of compensation used to determine pension amount. An Administrative Law Judge will set a hearing date.
(6) Complaint against El-Sabbawi: UAPD filed a California Medical Board complaint against Dr. Mohammed El-Saabawi, the court appointed monitor for five DMH hospitals. Dr. El-Saabawi, whose California Medical License expired in February, appears to be practicing medicine without a license in the DHM hospitals where he works. Lawyers for DMH and the Department of Justice have written letters denying the charge. Follow the links below to learn more.
DMH, DOJ, Medical Board Response to El-Sabaawi Complaint
Medical Board and Legal Archives