CSLEA Challenges Department of Mental Health's Private Security Contracts
Suit Seeks Judicial Determination Contracts Violate California Constitution's Merit System Mandates
In order to address staffing shortages created by the State's failure to equitably compensate and to actively recruit and retain Hospital Police Officers (HPO), NSH Administration has entered into contracts with two private security companies to perform work which has historically been adequately and competently performed by HPO's.
Pursuant to Article VII of the California Constitution, State agencies are generally, with few exceptions, prohibited from privately contracting for work that is capable of being performed by State civil service employees as it violates the merit system.
HPAC President Karen Meredith and CSLEA Legal Counsel, Ryan Navarre, have made repeated requests to NSH Administration to implement recruitment and retention pay, to update the HPO job posting for NSH and to conduct more frequent testing. Despite such requests, NSH Administration has opted to use private non-sworn security guards to staff HPO vacancies.
Thus, CSLEA has been forced to challenge the contracts by filing suit in Sacramento Superior Court. The case has been assigned to the Honorable Patrick Marlette and CSLEA is in the process of scheduling the initial hearing on the suit for mid to late August.
A copy of the petition is attached at the link below.
Suit Seeks Judicial Determination Contracts Violate California Constitution's Merit System Mandates
Source: Kasey Christopher Clark, General Manager/Chief Counsel
Date: 7/25/2007
In order to address staffing shortages created by the State's failure to equitably compensate and to actively recruit and retain Hospital Police Officers (HPO), NSH Administration has entered into contracts with two private security companies to perform work which has historically been adequately and competently performed by HPO's.
Pursuant to Article VII of the California Constitution, State agencies are generally, with few exceptions, prohibited from privately contracting for work that is capable of being performed by State civil service employees as it violates the merit system.
HPAC President Karen Meredith and CSLEA Legal Counsel, Ryan Navarre, have made repeated requests to NSH Administration to implement recruitment and retention pay, to update the HPO job posting for NSH and to conduct more frequent testing. Despite such requests, NSH Administration has opted to use private non-sworn security guards to staff HPO vacancies.
Thus, CSLEA has been forced to challenge the contracts by filing suit in Sacramento Superior Court. The case has been assigned to the Honorable Patrick Marlette and CSLEA is in the process of scheduling the initial hearing on the suit for mid to late August.
A copy of the petition is attached at the link below.
Downloads:
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