February-March 2010 Edition: http://www.sdddaa.org February 2012 Edition: Follow the DDAA on Facebook and the Web Jim Koerber, Editor

“I do the very best I know how, the very best I can, and I mean to keep on doing so until the end.”

- President Abraham Lincoln 16th U.S. President (1809-1865)

PRESIDENT’S MESSAGE By Robert Hickey

1. Get Healthy and Fit in 2012 – Join “Team DA Crossfit” Today!: “Team DA Crossfit” is a network of DDA’s, support staff, and sheriff’s deputies that train together across the county. Team DA Crossfit is split up into several “affiliates” across the county (Team Crossfit Vista, Team Crossfit HOJ, Team Crossfit Juvie, and Team Crossfit South Bay – we are working on setting up a Team Crossfit El Cajon! DDA Garret Wong sends daily e-mails with the Crossfit

SSaann DDiieeggoo DDeeppuuttyy DDiissttrriicctt AAttttoorrnneeyyss AAssssoocciiaattiioonn President: Robert Hickey Vice President: Steve Walter Treasurer: Cari Philpott Secretary: Chantal de Mauregne Directors: Bryn Kirvin, David F. Williams III, Brenda Daly,

Jim Koerber, Patrick Ojeil, Adam Gordon & Shannon Welton

February 2012

WODs (workout-of-the-day) to people that are subscribed to the Team DA Crossfit e-mail list. Affiliates are welcome to use the workouts, or modify them according to their own specific goals and available equipment. “Crossfit” is a constantly varied, functional workout program, performed at high intensity designed to increase work capacity across broad time and modal domains (that is the trademarked Crossfit definition). The beauty of the program is that anyone can join in the workouts, regardless of experience or fitness level. The workouts can be modified and scaled accordingly. At Team Crossfit Vista, we have athletes of all levels, and all abilities, training side by side. Thanks to Garret for all his work on this! 2. County of San Diego’s New Wellness Program: Your physical fitness and mental health are two key components to being a successful, effective, and happy prosecutor. Plus exercise and fitness can be fun, too. We encourage you to join “Team DA Crossfit”, go for a walk at lunch, or work out with a colleague, spouse, partner, or friend. The County of San Diego Employee Wellness Program and website has lots of useful information, tips, and programs on health and fitness – check it out today: http://insite.sdcounty.ca.gov/ewp/Pages/default.aspx 3. Health Benefit Task Force - UPDATE: On February 8, 2012, the Health Plan Task Force, comprised of representatives of Labor (DDAA; DAI; SEIU; DSA; CC; etc.) and the County met. Among the issues discussed was an upcoming change by the CVS Pharmacy in their formulary, the list of drugs covered under the medical plans. On April 1, 2012, 34 drugs currently on their formulary will no longer be covered, but other generic drugs will be available as substitutes. An announcement will go out soon from the County about this change. According to the County, this will only affect about 155 employees county-wide. There is an appeal procedure if you currently are prescribed one of the brand name drugs – you must get a physician’s note regarding medical necessity and follow the appeal process. Also, the Mercer representative provided additional information about the creation of a Health Savings Account (HSA). If an HSA is offered in conjunction with an Aetna or Kaiser plan, you may be able to get cheaper rates on the health plan in return for bearing more responsibility for the cost. You could fund an HSA account with pre-tax dollars, and use those funds to pay for eligible health care costs. The HSA account would roll over every year, and be portable if you leave employment with the County. At the next meeting, the cost advantages of the HSA account will be discussed. If you have any questions about health benefit issues, please contact DDA Brent Neck or Jim Koerber. 4. Free Passes to the San Diego Natural History Museum: We have received two (2) free family passes to the San Diego Natural History Museum in Balboa Park. They can be used repeatedly any time until December 31, 2012. The passes are good for unlimited free general admission, but do not include separately priced events or exhibitions (there is a reduced price with the passes for the special events.) When you enter the museum with the passes, you must also show a DA staff ID or business card. If you would like to use the passes, please contact DDA Jim Koerber. Please return the passes within three days of use, so others can use them. 5. Attack on Public Employee Pensions - UPDATE: On January 25, 2012, the California Legislature’s Conference Committee on Public Employee Pensions held the third in a series of hearings. Further discussion occurred on hybrid pension plans, and it was apparent that hybrid plans provide little, if any, savings if they are properly constructed. The Conference Committee will be looking to produce a report in late February or March. On February 8, 2012, it was

February 2012

announced that efforts to place proposed pension initiatives on the November 2012 ballot have been suspended due to a lack of money. For more, see the article later in the newsletter. 6. CYAC Battle of the Badges X – Saturday, May 19, 2012: The Barona Band of Mission Indians, the Community Youth Athletic Center (CYAC), and the National Latino Peace Officers Association are holding the 10th annual "Battle of the Badges" charity boxing event on Saturday, May 19, 2012 at the Barona Valley Ranch Resort and Casino. The boxers are police officers from various law enforcement agencies, including San Diego Police Department, Donovan State Prison, San Diego Sheriff's Department, National City Police Department, and Chula Vista Police Department. CYAC is a non-profit organization dedicated to keeping youth off the streets and in school through boxing and mentoring programs. Based in National City, the CYAC features a boxing gym, computer facilities and a tutorial/mentoring center. Serving youths from eight to 18 years of age, the CYAC can accommodate up to 100 kids per day at their facility. For more information, contact DDA Victor Nunez. Please help support this event! 7. County Employee Discounts: The County Employee Discount benefit provides all County of San Diego Employees with a Web-based platform to see online discounts from hundreds of retailers, in addition to local area discounts and savings. Most of the discounts are online-based, as in-store or printable discounts will be clearly marked on the County’s site. This valuable resource is available at no charge to all employees. Simply go to SDCounty.PerkSpot.com and beneath the “New Members” heading, complete the easy registration process. And here are some additional discounts you might want to take advantage of:

+ Microsoft Office for $9.99: http://danet/divisions/itd/helpdesk/hud.php

+ Apple State & Local Government for $50: http://store.apple.com/us_epp_67909

+ Verizon 15% plan / 25% discounts (sign up with work email): http://www.verizonwireless.com/b2c/employee/emaildomainauthentication.jsp 8. DDAs on Facebook: Control + Click on the link to read about the cases being handled by your fellow DDAs: Facebook. If you “Like” the page, you will receive updates when new case information is posted.

Prosecutor Code of Ethics by Deputy District Attorney David A. Williams, Chief of the Training Division

As a prosecutor, I pledge myself to truth and the protection of the community. I will safeguard lives and property. I will protect the peaceful against violence. I will protect the weak and the innocent against deception, oppression, and intimidation. I will respect the constitutional rights of all people to liberty, equality, and justice. I will not tolerate crime and will relentlessly prosecute criminals. I will strive to convict the guilty and to exonerate the innocent. I will never support unnecessary force or violence. I will maintain confidences and confidential information pursuant to the law, and the regulations of my office. I will maintain courage and calm in the face of danger, scorn, or ridicule. I will enforce the law courteously and appropriately without malice, fear, or favor. I will never accept gratuities in the exercise of my professional discretion.

February 2012

I will be honest in thought and deed in my personal life, as in my profession. I will be exemplary in obeying the law of the land. I will demonstrate self restraint, and be constantly mindful of the welfare of others. I recognize the badge of my office as a symbol of public trust. I accept it as an honor to be held so long as I am true to the ethics of the prosecution.

TThhee SSaann DDiieeggoo CCoouunnttyy BBaarr AAssssoocciiaattiioonn AAttttoorrnneeyy CCooddee ooff CCoonndduucctt

PPRREEAAMMBBLLEE The San Diego County Bar Association is committed to ensuring, endorsing, and encouraging the highest standards of civility, integrity and professionalism. Lawyers, law firms, corporate legal departments, public interest and entity lawyers, and judges are invited to use this code as a tool to remind attorneys to aspire to such standards and to exhibit good manners and common courtesy to everyone involved in the practice of law, and the judicial process. Although this code is not a separate basis for sanctions or a basis for ancillary litigation, it is intended to reflect acceptable standards of conduct for attorneys in San Diego County.

II.. GGEENNEERRAALL

A. Lawyers must observe all rules of law, including the California Rules of Professional Conduct and the State Bar Act, particularly B & P Code §6068.

B. Lawyers should honor their commitments.

C. Lawyers should honor and maintain the integrity of our system of justice.

D. Lawyers should not compromise their integrity for the sake of a client, case or cause.

E. Lawyers should conduct themselves in a professional manner.

F. Lawyers should be guided by a fundamental sense of fair play in all professional dealings.

IIII.. DDUUTTIIEESS OOWWEEDD IINN PPRROOCCEEEEDDIINNGGSS BBEEFFOORREE TTHHEE CCOOUURRTT

A. Lawyers should always be courteous and respectful to the court.

B. Lawyers should always be candid with the court.

C. Lawyers and clients appearing in court should dress neatly and appropriately.

D. Lawyers should be on time.

E. Lawyers should be prepared for all court appearances.

February 2012

F. Lawyers should attempt to resolve, by agreement, their differences relating to procedural and discovery matters.

G. Lawyers should discourage and decline to participate in litigation that is without merit or is designed primarily to harass or drain the financial resources of the opposing party.

H. Lawyers should avoid any communication, direct or indirect, about a pending case with a judge except as permitted by court rules or otherwise authorized by law.

I. Lawyers should refrain from impugning the integrity of the judicial system, its proceedings, or its members.

IIIIII.. DDUUTTIIEESS OOWWEEDD TTOO MMEEMMBBEERRSS OOFF TTHHEE BBAARR

A. Lawyers must remember that conflicts with opposing counsel are professional and not personal; vigorous advocacy is not inconsistent with professional courtesy.

B. Lawyers should treat adverse witnesses, litigants and opposing counsel with common courtesy, good manners, fairness, and due consideration.

C. Lawyers should not be influenced by ill feelings or anger between clients in their conduct, attitude or demeanor toward opposing counsel.

D. Lawyers should conduct themselves in discovery proceedings as they would if a judicial officer were present.

E. Lawyers should not use discovery to harass the opposition or for any improper purpose.

F. Lawyers should not intentionally make any misrepresentation to an opponent.

G. Lawyers should not arbitrarily or unreasonably withhold consent to a just and reasonable request for cooperation or accommodation.

H. Lawyers should not attribute to an opponent a position not clearly taken by the opponent.

I. Letters intended to make a record should be scrupulously accurate.

J. Lawyers should not propose stipulations in the presence of the trier of fact unless previously agreed to by the opponent.

K. Lawyers should avoid interrupting an opponent’s legal argument unless there is a legitimate basis for an appropriate objection.

L. Lawyers in court should address opposing lawyers through the court.

M. Lawyers should not seek sanctions against another lawyer to obtain a tactical advantage or for any other improper purpose.

N. Lawyers should inspire and encourage opposing counsel to conform to the standards in this code and to amicably resolve related disputes promptly, fairly and reasonably, with resort to the court for judicial relief only if necessary.

O. Lawyers should conduct themselves so that they may conclude each case with a handshake with the opposing lawyer.

February 2012

DEPUTY DISTRICT ATTORNEYS ASSOCIATION AND SAN DIEGANS AGAINST CRIME ANNUAL RETREAT

January 28, 2012 - 8:00 a.m. – 1:00 p.m. La Jolla Beach and Tennis Club

Officers and Steve Walter Brenda Daly Shannon Welton Directors Cari Philpott Bryn Kirvin James Koerber Present: David Williams III Adam Gordon Robert Hickey Chantal de Mauregne San Diegans Chris Lawson Kristie Nikoletich Against Crime Victor Nunez Dino Paraskevopoulos Board Members Terri Wyatt Patrick Espinoza Present: Carlos Varela Dan Owens

Elected Officials / Greg Cox Dianne Jacob Sal Giametta Representatives Bonnie Dumanis Cheryl Ruffier Bill Horn John Weil Don Turko

Consultant John Wainio

DDAA Attorney Dick Castle 1. Call to Order: DDAA President Hickey called the meeting to order at 8:15 a.m. 2. Discussion with Consultant John Wainio and Attorney Dick Castle: Both gentlemen discussed how important it is for both Boards to work together and maintain a close relationship. They further stated that SDAC is in essence a committee of the DDAA Board and thus unity among the two is vital. 3. Meeting with Don Turko, HR Director of County of San Diego: Mr. Turko was hired in May 2011 and gave the Boards some of his background. He stated he wants to form a good relationship with the DDAA Board in order to be effective when it comes to bargaining. He also stated that one of the big issues he is focused on is wellness. He was very informative and has an open door policy. 4. Roundtable with Supervisors: DDAA President Hickey welcomed and thanked the invited guests for attending the Retreat. Several of the elected officials gave their perspective on the current economic situation and discussed some of their plans for 2012. Supervisor Cox indicated that the County is hopefully going to make some changes to Las Colinas by building a new facility. He also stated that there will be a new courthouse being built in downtown San Diego. Construction is set to start in 2013. The family court building, as well as the Madge Bradley family court will also be housed in this new courthouse. It should hopefully be completed in

February 2012

2015. Supervisor Jacob noted that public safety is still the highest priority within the balanced budget. She is proud of the East County Gang Task Force and is very appreciative of their hard work. She also mentioned that she is continues to work closely with DDA Gretchen Means on pimping and human trafficking cases and is very appreciative of the DA Office’s hard work. Supervisor Horn noted that the Board has maintained a AAA bond rating. Chief of Staff to Pam Slater-Price, John Weil, stated that she will be retiring at the end of 2012, and that she has appreciated working with the District Attorney’s Office. Chief of Staff to Ron Roberts, Sal Giametta, mentioned that Supervisor Roberts is the Chairman of the Board this year and that he too appreciates the DA’s Office hard work. 5. Meeting with District Attorney Dumanis and Cheryl Ruffier: Merit-based promotions from DDA IIs to IIIs are on schedule for May 2012. DA Dumanis hopes to promote from DDA IIIs to IVs and IVs to Vs at the end of 2012. She is also hoping to hire paralegals and paralegal supervisors in the near future. There will be 19 Graduate Law Clerks starting in August 2012. The office will likely be hiring a number of DDAs this year as well. Additionally, there will be transfers in June. 6. DDAA Budget: Treasurer Philpott provided a proposed DDAA budget for 2012. The Board adopted the proposed 2012 budget. (Motion: Hickey; Second: Walter. Vote: Unanimous.) 7. Adjournment: 1:05 p.m. Respectfully Submitted, Chantal de Mauregne, Secretary

DDEEPPUUTTYY DDIISSTTRRIICCTT AATTTTOORRNNEEYYSS AASSSSOOCCIIAATTIIOONN BBOOAARRDD OOFF DDIIRREECCTTOORRSS MMEEEETTIINNGG MMIINNUUTTEESS OOFF 22//77//1122

Officers and Steve Walter Bryn Kirvin Adam Gordon Directors Robert Hickey Cari Philpott Shannon Welton Present: Patrick Ojeil David Williams III James Koerber Chantal de Mauregne Members Present: Chris Lawson, Lauren Ogata, Terri Wyatt, Leon Schorr, Dan Owens, Brent Neck, Mark Amador, Deborah La Touché DDAA Board Consultant John Wainio 1. Call to Order: President Hickey called the meeting to order at 5:04 p.m.

February 2012

2. Treasurer/Tax Collector Dan McAllister – Update re Pension Protection Act of 2006: Treasurer/Tax Collector Dan McAllister addressed the Board regarding efforts to broaden the coverage of the Pension Protection Act of 2006 to include County employees. In the Pension Protection Act of 2006, the United States Congress granted to qualified Public Safety Officers the ability to use up to $3,000 per year of tax-free dollars from their qualified retirement plans to pay for Medical and Long Term Care premiums. These tax-free distributions could encourage people to save more while lessening the burden on government budgets to cover rising costs. This benefit is not currently extended to all retirees who participate in a qualified retirement plan. Treasurer McAllister outlined the efforts by his office at the County, State, and Federal level to lobby for this change in legislation. Two weeks ago, the San Diego Board of Supervisors adopted a Resolution expressing the County of San Diego’s support for a change in federal law to grant this benefit to all retirees. This is just one step in the process, and he asked for our support. His assistant, Lyn Howarth, is available to answer any questions at (619)531-5454 or lyn.howarth@sdcounty.ca.gov. 3. Association Comment: None. 4. DDAA Happy Hour – Vista: A happy hour sponsored by the DDAA will be held in North County on March 8th from 5:00 – 7:00 pm. Location to be determined. 5. Dates for DDAA Events in 2012: The Hail and Farewell Party will be on May 10th at the La Jolla Beach and Tennis Club. The Awards Banquet will be held on September 22nd at the Estancia La Jolla Hotel. The Office Holiday Party will be on December 14th, location to be determined.

6. DDAA/PAC Restructuring: A resolution was presented to the Board recommending that the PAC change its bylaws to create structural cohesion with the DDAA and to make the PAC accountable to its members. The founding purpose of the PAC was re-stated and discussed - the PAC was created by the DDAA to serve the goals of the DDAA. Concerns were expressed about the PAC’s current structure, which have created transparency and accountability issues and create the potential that the PAC and DDAA fall out of step with one another. The fact that the PAC does not conduct elections was also discussed - the PAC Board selects the PAC Board. It was proposed that the PAC Board be selected by the democratically-elected DDAA Board, which will work to allay concerns about the PAC and increase PAC membership and effectiveness. The resolution was adopted unanimously by the DDAA Board. A copy was provided to the PAC president. 7. PAC Update: At the retreat, decisions were made to spend some of the money in the PAC’s account on political support and advertising in some of the upcoming elections. 8. Treasurer’s Report:

Primary Savings: $**** Money Market: $**** Litigation Money Market: $**** Certificate: $**** Checking: $****

February 2012

As always, if any member desires to see an itemized list of our spending and savings, it is available by contacting Treasurer Cari Philpott. 9. Consultant’s Report: John Wainio suggested the PAC get involved with some of the legislative elections in the near future. 10. President’s Report: None. 11. New Business: The San Diego Natural History Museum gave the DDAA Board 2 year long passes to the museum to be used by any DDA, CSPA, or DAI. Jim Koerber will keep the passes and they can be checked out from him. The Board voted by e-mail in February to make a contribution in memory of Tracy Prior’s father, who passed away recently. The Board voted in January to make a contribution in memory of SDPD Officer Jason Prokop, who was killed on his way to work in October 2011. 12. Adjournment: 6:25 p.m. Respectfully Submitted, Chantal de Mauregne, Secretary

February 2012

Group suspends California public pension reform ballot effort jortiz@sacbee.com Published Thursday, Feb. 09, 2012

The cause of pension reform in California took a significant body shot Wednesday when a group hoping to put an overhaul measure before voters this year suspended its campaign.

Beleaguered by fundraising problems and questions about the viability of its proposals, California Pension Reform shut down its efforts. The group's officials blamed the demise on a "false and misleading" summary of the plan by Attorney General Kamala Harris, a charge the Democrat denied.

The death of California Pension Reform's efforts also wounded Gov. Jerry Brown's pension proposals to the Democratic-controlled Legislature, one analyst said, by removing the threat of a more draconian measure going before voters.

"The prospect of the (California Pension Reform) ballot initiative would have given the governor some leverage to push for concessions," said Dan Schnur, director of the Jesse M. Unruh Institute of Politics at the University of Southern California and a former GOP strategist. "It's going to be a lot harder for him to get those concessions without the prospect of a more hard-line alternative."

Recent polls have shown growing support for a public pension overhaul. In December, 83 percent said pensions were a problem, while strong majorities said workers should pay more and the system should fundamentally change.

Despite that, the pension issue has always been a tough sell to deep-pocketed donors in the business community who are more interested in backing causes with an immediate impact.

The pension reform group filed two complex initiative proposals with the state. One would have eliminated traditional pensions for future employees and placed them in 401(k)-style defined contribution savings accounts.

The other plan mirrored Brown's idea to put new hires in "hybrid" plans that kept a smaller guaranteed benefit supplemented with a defined contribution component.

All three plans, the two written by California Pension Reform and Brown's proposal, featured provisions to eliminate pension spiking, push back the retirement age for full benefits and end additional retirement service credit purchases for future workers. They also require higher pension contributions from most current employees.

February 2012

Brown unveiled official language for his 12-point plan last week, hoping it would garner the two-thirds vote from both chambers of the Legislature needed to put the measure on the November ballot.

Although a labor coalition hammered the proposal as an ill-timed "bomb," the governor has said that pension "arithmetic doesn't add up" because pension funds' obligations exceed their ability to pay them long term.

Some estimates peg those unfunded liabilities at $250 billion or more. Rising pension costs and falling pension fund investments have strapped some local governments in the last few years.

Moreover, Brown wants a pension overhaul measure on the November ballot to illustrate the state's seriousness about cutting government costs at the same time he asks voters to approve a tax increase he and Democrats want.

California Pension Reform officials said Harris skewed official descriptions that are used to explain the measures during signature collection and at the ballot box. That, in turn, made it impossible for the group to raise the $2 million to $3 million it needed to fund a petition campaign to put a measure on the November ballot, said the group's president, Dan Pellissier.

"The attorney general fundamentally misrepresented what we were doing," Pellissier said.

The descriptions for both measures said they would reduce benefits for public employees including "teachers, nurses and police officers" and prohibit "public retirement systems from providing death or disability benefits to future employees."

Pellissier said that Harris, in hewing to the wishes of labor to block the measure, specifically mentioned three government jobs that are particularly popular.

And, he noted, the proposals specifically said, "All government agencies that provide pension or other retirement benefits for their government employees may also separately provide death and disability benefits for the benefit of their government employees, regardless of the date of hire."

Harris spokeswoman Lynda Gledhill said, "The title and summary is accurate."

The group hit another snag when the nonpartisan Legislative Analyst's Office questioned how much money either plan would save.

Steve Maviglio, spokesman for labor coalition Californians for Retirement Security, which vigorously opposes changing guaranteed pensions, said that labor still has an interest in working with lawmakers and Brown on retirement reform.

"The lack of a gun to our heads won't make a difference," Maviglio said, because the unions and Democrats need to show voters they can foster retirement change or risk fueling sentiment for a so-called "paycheck protection" measure on the November ballot. That initiative, in part, would curtail union campaign funds collected from public employees – money that usually goes to support Democrats and their causes. For now, Pellissier is rooting for Brown to succeed, but expects the Legislature to balk, "if history is any guide."

February 2012

RESOLUTION OF THE BOARD OF DIRECTORS OF THE DEPUTY DISTRICT ATTORNEYS ASSOCIATION

This Resolution of the Board of Directors of the Deputy District Attorneys Association expresses its considered opinions as to the continued and future relationship with and operations of our political action group, San Diegans Against Crime. WHEREAS, the Deputy District Attorneys Association was created in 1982 as the exclusive bargaining agent for wages, hours, and terms and conditions of employment for the Deputy District Attorneys of San Diego County; WHEREAS, the Board of Directors of the Deputy District Attorneys Association by unanimous consent initiated San Diegans Against Crime as an independent political action association in 1995; WHEREAS, in order to ensure that the democratic desires of the majority of the Deputy District Attorneys Association are recognized by San Diegans Against Crime;

THEREFORE, the Board of Directors of the Deputy District Attorneys Association

hereby unanimously endorses and directs the following amendments be adopted to the structure and bylaws of San Diegans Against Crime:

1. San Diegans Against Crime shall operate as a political action committee independent

of any political candidate or political party for the purposes described in its bylaws; 2. San Diegans Against Crime shall henceforth be a standing committee of the Deputy

District Attorneys Association; 3. San Diegans Against Crime would consist of a Chairman, Vice Chairman, Secretary,

Treasurer, and three Directors, to be selected by the Board of Directors of the Deputy District Attorneys Association in October of each year;

4. San Diegans Against Crime term of office for all positions shall be for one year;

5. San Diegans Against Crime vacancies shall be filled by a vote of the Board of

Directors of the Deputy District Attorneys Association;

6. That these amendments shall be effective immediately upon the adoption of the amendments to the bylaws of San Diegans Against Crime.

February 2012

February 2012