ACLU Jim McDonnell LASD LAUSD Sentencing Zero Tolerance and School Discipline

State Urged to Intervene at Two More LA High Schools, Kern County School Discipline Lawsuit, Prop 47’s LA Savings, and PPOA Interviews McDonnell

TWO MORE LA HIGH SCHOOLS NOT GIVING KIDS NEEDED CLASSES, STATE CALLED ON TO STEP IN

On the same day that beleaguered LAUSD Superintendent John Deasy announced his resignation, the ACLU and Public Counsel filed a report at Alameda County Superior Court urged the state to intervene at two more LAUSD schools—Dorsey and Fremont—for failing to educate students.

Last week, Alameda County Superior Court Judge George Hernandez Jr. ordered LAUSD to work with the state to come up with a plan to fix Jefferson High School’s scheduling system that was giving kids filler classes and sending them home early with minimal instruction. (Read that story, here.) On Tuesday, the state board of education approved the school district’s $1.1 million plan to fix the Jefferson crisis.

Jefferson and Fremont high schools are named in a class action lawsuit filed by the ACLU and Public Counsel, Cruz v. California, challenging the state’s failure to provide an adequate education to kids attending nine schools in LA, Compton, Contra Costa, and Oakland.

KPCC’s Annie Gilbertson has more on the new action. Here’s a clip:

Judge George Hernandez Jr. ordered state and local officials to intervene at Jefferson High School on Oct. 8. Less than a week later, Los Angeles Unified officials presented a plan to reschedule students, add more classes and lengthen the school day a half hour so students could catch up on lost time.

The state board on Tuesday approved $1.1 million to pay for the fixes.

The ACLU and Public Counsel found students Dorsey and Fremont high schools are also enrolled in courses they already passed, working as aides or going home early rather than being challenged academically.

In a status report filed in Alameda County Superior Court Thursday, attorneys argued Los Angeles Unified officials haven’t done enough to identify students losing learning time and haven’t clearly stated how they’ll fix the problem.

“Plaintiffs are further investigating the remaining high schools in this litigation and will be taking steps to seek prompt relief for all students at these schools, who like students at Jefferson, have been and continue to be deprived of instruction time due to assignment to course periods with no content or failure to finalize an appropriate master schedule in advance of the school year,” according to the filing.


AND OVER IN KERN COUNTY…A LAWSUIT AGAINST HARSH DISCIPLINE FOR MINORITY KIDS

Last year, we shared Susan Ferriss of Center for Public Integrity’s stories about Latino kids (many English-learners) and black kids in Kern County receiving disproportionate punishment and transfers to remote alternative schools and independent study.

Late last week, a lawsuit against Kern County School District was filed on behalf of a number of the kids in Ferriss’ stories. The suit says the district declined to fix racially disparate practices in accordance with California’s new discipline reforms.

Kern is also accused of misreporting expulsions as transfers, as well as “tricking” and “coercing” parents into waiving kids’ due process rights, allowing the school to immediately transfer disciplined students to alternative schools.

The suit was filed by a number of non-profit and advocate groups including, California Rural Legal Assistance and the Mexican American Legal Defense and Educational Fund [MALDEF].

Here’s a clip from Susan Ferriss’ latest story on the issue:

…the suit accuses the Kern High School District of failing to comply with new state discipline policies and adopt alternative practices designed to diffuse problems without resorting to kicking kids out.

The suit also accuses the district of labeling students that its regular campuses kick out as “involuntary” or “voluntary transfers” instead of expulsions that must be reported to state and federal databases.

The suit notes that the district — under scrutiny after media reports — did cut its expulsions from 2,040 in 2011 to 256 students in 2013. But the groups argue that enrollment has not declined at alternative schools because of continuing transfers of students that parents — many of them limited English speakers — agree to authorize without fully understanding other options.

The district, the suit alleges, “has implemented a ‘waiver’ system, under which students and parents are convinced through intimidation, coerced or tricked into waiving the due process protections accompanying formal discipline and accepting immediate placement in alternative schools.”

The suit also argues that stark ethnic disparities persist among kids officially expelled from Kern’s high schools.

During the 2012-2013 school year, according to the suit, 67 percent of black students who were expelled were kicked out for infractions that did not include physical injury, possession of drugs or weapons. Only 42 percent of white students expelled were removed for similarly less serious infractions.


MORE PROP 47 STATISTICS ON COUNTY SAVINGS, AND MORE

The Center for Juvenile and Criminal Justice has issued a new report on estimated savings and jail population reductions each California county can expect if Prop 47 passes next month. (If you’ve forgotten, Prop 47 would reclassify certain low-level drug and property offenses from felonies to misdemeanors, incurring punishments like probation and treatment, or a max of one year in jail, instead of more lengthy prison sentences.)

The CJCJ brief says Los Angeles would likely save between $100-$175 million, free between 2,500 and 7,500 jail beds, and affect nearly 10,000 offenders.

For further Prop 47 reading, the San Jose Mercury News’ Tracy Kaplan has more on the measure’s proponents, which include three three county district attorneys, Newt Gingrich, and a retired SD Police Chief, as well as opponents, which include other DAs and peace officer associations.


PPOA INTERVIEWS LA SHERIFF CANDIDATE JIM MCDONNELL

A new 33 minute interview by Brian Moriguchi, the president of the Professional Peace Officers Association (PPOA), with Los Angeles Sheriff-hopeful, LBPD Chief Jim McDonnell, addresses questions about issues like civilian oversight, leadership, transparency, and field deputy positions. The interview is the first installment in a three-part interview with McDonnell. Watch the entire first video above.

26 Comments

  • Attention ALADS: McDonnell is virtually a “SHOO-IN” (Without our funds).

    No need to dip into our PAC Money. It’s a no-brainer. …… Take heed.

  • what about the rest of the custody staff who make the largest jail in the world run smoothly day in and day out! ???? thoughts, comments???

  • Frankendork, In part II and part 3 of the interview series, we cover more about CAs. For example, in part II, we talk about a career series for CAs and changing the name from custody assistant to Sheriff Jailer. Part III is dedicated entirely to jail issues. Look for these videos to be public in the upcoming week.

  • Thanks for the update Brian. …it’s good to see that the “Dual Career Track” is off to a good start. (Even though ALADS through Hayhurst vehemently opposed it). Deputies can go to patrol much faster.

    Also good to see that C.A.’s are getting the respest that they deserve Hopefully ALADS and POPA can one again work together again on more issues.

  • @ 7) Thanks for getting exclusive interviews for the soon to be “Newly improved” LASD.

    POPA definitely made the right choice for Sheriff. Hopefully POPA & ALADS will continue to make strides in unison as it pertains to All Department Personel > Civilians & Sworn.

  • @GOOD NEWS Respect that they deserve? wow!!! how about more $$$$ that would be a good start don’t you think? Or are you still waiting for that pat on your back?

  • Unfortunately respect comes before the moolah. Stay sharp and and talk to POPA, regarding the pay raise.

  • @Frankendork We would all like more money. Quite frankly, we (not just CA’s) all did very well in the last few years. Everywhere else in the state, folks were losing money and benefits. We did not. Not just because the unions put up a good fight in LA (I wish we could take all the credit), but also because the county was financially stable. I remember talking with the CEO Fujioka several years ago that we would not accept zero raises for much longer. As a result, he started to bank money and gave us a 6% raise over the past two years. Not great, but not bad considering the times. That is likely why your peers voted in favor of the raise overwhelmingly. Do we want MORE money? Of course. Who wouldn’t. But realistically, we are doing far better than most. We will certainly fight to get more raises in the upcoming contract negotiations. Unfortunately, there will always be someone who says “we shoulda gotten more.” I am curious, what do you think you should be getting if you don’t mind me asking?

  • Blah blah blah! same old broken record been hearing for years and years…who do you think your fooling?

  • @DI YES the station Jailers do receive a small percent higher that the Custody Assistants in the Jails…..

  • FRANKENDORK,
    Come on with it. Answer the question Moriguchi asked you in #12. How much do you think you should be making? Why are you not answering that? You answered #13 right after it was asked. Yet you seem to be avoiding the question asked in #12.
    Why?

  • How much should Custody Assistants (C/A’s) get paid? I would say “Equal Pay for Equal Work!” However, we know that will never happen because we are not first responders (sworn), but yet we are treated as such while working in the Jails “you are QUASI sworn” whatever that means. How many times have we C/A’s heard that one before? Why does PPOA allow this to happen? Why do we allow PPOA to get away with this and not protect us? My resentment toward PPOA has to do with the fact that they sit idle and appear inattentive to our needs. Why? Because we are JUST a C/A and we allow it.

    It should be noted that this has nothing to do with Patrol Deputies or those who have gone to patrol because we all know those brave men and women risk it all while working the streets. As a matter of fact I believe they are under paid for all that they do to keep us and our families safe day in and day out. Thank You!

    Now…. how does a Custody Deputy (Dual Track) receive the same type of benefits as a Patrol Deputy (i.e. safety retirement, longevity pay at 19, 24, and 29 years, promotional opportunities, and additional pay for a College degree, and a C/A gets nothing? Once again why do we as C/A’s allow PPOA to get away with this? How do you justify a Custody Deputy (Dual Track) making approximately $35,000 a year if not more than a Custody Assistant? Is it because they have approximately 5 or 6 more weeks of training in the academy? Is it because they can write a SH-49.? I urge any C/A to look at and actually read your current MOU including your job description? Yes, what a shocker I know it does not accurately reflect what you do. It is written vaguely and ambiguously and this is done so intentionally so that you can be used and abused (i.e. bastardized) but yet you still have to pay an agency fee for subpar representation. At first I thought this is larceny but then I thought no way this is strong arm robbery at the hands of PPOA. PPOA has proven its track record since the inception of the Custody Assistant program and that track record shows it has done nothing positive for the C/A’s. Now I am not going to sit here and say PPOA is a bad union because it’s not. It is just not good for C/A’s that’s all.

    Some (sworn) will justify the disparity in pay by saying “well it is easy to explain because in the event of an emergency or some type of catastrophic event a Custody Deputy can be pulled from the jails and a C/A cannot” ok that’s fine but, then who will run the jails if Custody Deputies were to be pulled from Custody? Yes a Custody Assistant! However, I highly doubt that this would happen since the LASD has written mutual aid agreements with pretty much every Law Enforcement Agency in the County as well as Reserve Deputy Personnel that can be utilized in such an event.
    So, Mr. Moriguchi and Oh Well to answer your question as to what the adequate remuneration for a C/A should be? In my HUMBLE opinion a minimum of $75, 000 for doing the same job function as Custody Deputy (Dual Track) including longevity pay and a career path and that is being REASONABLE in my opinion. Considering that we work in the the largest Jail system in the country which of course houses violent offenders, violent gang members, AB-109 prisoners, and coupled with the fact that we act as training officers, do security checks, title 15 checks, and are part of ERT teams within custody just as our Dual Track Deputy peers. Why $75,000 and not $85,000 similar to a glorified C/A excuse me, I mean a Dual Track Deputy well you guys (the sworn personnel) always say “we received more training and are sworn thus, are entitled to more”. Yes you are probably correct in your assertion but you are not better than us simply because you have a little more training under your belt. I urge PPOA to take a poll and I am sure that you will not be surprised that the majority of C/A’s feel that they should receive adequate compensation for working OUT of their classifications and for being placed in Deputy positions on a daily basis. How about doing a walk thru at each Jail facility, courthouse, or station jail so you can witness first hand that we do not ASSIST. We are Corrections Officers as stated on our academy graduation certificates given to us by the LASD.

    “QUASI EQUAL Pay for QUASI EQUAL Work” (sic).

    Respectfully, Just a C/A

  • I wonder why Mr. Big boss man Mr. Moriguchi has not responded. Or OH WELL aka Hazen. Bottom line is that I see C/A working hard just like custody deputies. I don’t see why C/A’s and custody can make the same. Both are doing the same work and risking their lives. But I do agree in one thing. PPOA is all about money and keeping their board members eating at really nice places. Just like a certain captain said” he does not like C/A’s. I wonder why?? Maybe because they are doing a hell of a job!!

  • Pretty much PPOA is to blame for not representing C/A’s the right way. And they won’t admit it. Mr. Moriguchi just step-down and have unit 621 be represented by someone that actually will fight for equality. Leroy “corrupt” Baca is no longer Sheriff. So now YOU PPOA and your croons a can move out!!

  • There you have it ladies and gentlemen PPOA president Moriguchi can’t even respond to #19. If you do your homework you will see how PPOA is spending union dues. Not on members issues but on lavish restaurants and supposedly union related meetings at very expensive hotels.

    I really feel for for unit 621 members. Unit 621 members it is time for you to find a better union for representation! Rise up!!! Baca is no longer Sheriff. I know for a fact the new sheriff will back you up. Not like Baca! PPOA is time to step aside. Because the train is coming at FULL SPEED!!!!!!! You upset too many members.

  • @FRANKENDORK and @JUST A CA – Sorry, I am not trying to ignore you. I just am not a regular here. As far as the increase in pay you are suggesting for yourselves, it amounts to a 33% pay increase. I appreciate your arguments for the added pay, but it would be dishonest of me to tell you you have any chance at all of getting a 33% pay increase. We are working on a career series for CAs that would give added pay, above the raises given across the board, for CAs given added responsibilities such as CA training officers who would train newly assigned CAs. It would be similar to deputies in that the CAs would have Bonus I and Bonus II positions (2 stripers). Your arguments for equal pay for equal work points out the problems with the Dual Track program. I agree totally that you are being asked to do more for less and the LASD needs to address that issue. I believe the new sheriff will be open to suggestions from PPOA as well as from you as individual employees. Now is a great time to let him know how you feel but I would caution you regarding asking for a 33% raise. If you know the history of your classification, that is exactly what did away with your predecessors, the CO’s back in the 1980s (likely before you were born). PPOA will continue to work on correcting problems with the Dual Track, a name change for CAs, a career series for CAs, more training and safety equipment, a “reasonable” salary and a clear definition of duties between CAs and custody deputies.

  • RE: ALADS and PPOA – The two unions got sideways for a while over PPOA’s support for the CAs which offended ALADS. We published a report a few years ago (you can find it on our website) addressing the jail problems. Our proposal was to increase CAs, decrease the number of jail deputies and get new deputies to patrol within one year. There were many advantages to this proposal even for the deputies, but I understand ALADS’ concern over losing deputy positions. Today, PPOA and ALADS are working together on several issues and hopefully will continue to work together. It is important that both unions understand that they represent different classes of employees in LASD and will be in opposition on some issues. That’s OK. But the vast majority of our issues are the same and we should work together on those issues while respecting the differences on other issues specific to our memberships. Both Armando and Jeff reached out to us and that is a credit to both of them. I look forward to working with ALADS on many of the issues we have in common. This is a new day for LASD and we have an opportunity to return LASD to the great department it once was. The fight isn’t over and problems still exist in LASD, but Jim McDonnell will have the opportunity to make positive changes. We all need to support him and help him make the right changes, because I can guarantee that the “others” will be trying to manipulate him, fool him, and lead him down the same path as the former regime. To the ethical employees, both retired and active, GET INVOLVED!!!! Don’t sit by and let thing happen. I assure you, PPOA will be involved in making the right changes and pointing out mistakes by McDonnell if and when they occur.

  • Sorry, I am not trying to ignore you either. Thanks for the response but I’m not good with your answers you still have not answered about how you are going to get us more $$$ I don’t need more equipment we need more $$$$ to survive in this state we call California!. A real Union President would be more positive and talk about what can be done to get the job done for union members not try to pull the carpet from under their feet or shoot down any requests they be needing. Let’s be real the old CO program was decades ago with different types of inmates and different conditions as you know.

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