Senate Standing Committee on Rules
- Toni Atkins
Person
Welcome, everyone. The Senate Committee on Rules will come to order. Good afternoon. We are holding our committee hearing in the O Street Building in Room 2200 as we continue to take some precautions to manage the ongoing COVID-19 risk. The Senate continues to welcome the public and has also provided access to both in person and conference participation for the public.
- Toni Atkins
Person
For individuals wishing to provide public comment via the teleconference service, the participant toll free number and access code is posted on our committee website and it will be displayed on our screen right now. Today, the participant number is 877-226-8163 And the access code is 289-7482. We will put that up more than once, but it is on our website.
- Toni Atkins
Person
I wilk maintain decorum during the hearing, as is customary, and any individuals who are disruptive may be removed from the remote meeting service or have their connections muted. For our court reporter and I, Wood, ask you all speakers, colleagues, witnesses alike, to speak slowly and clearly.
- Toni Atkins
Person
And when we get to, certainly the portion of the teleconference, I may interrupt and ask you to slow down or repeat something, and that is so that we can get your testimony, get your name, and that our court reporter has the ability to get that information for our record. Before we begin today's agenda, we need to establish a quorum.
- Toni Atkins
Person
So as a reminder to my colleagues, you will need to turn your microphones on for the roll call. And every time that we vote, Madam Secretary, will you please call our roll.
- Committee Secretary
Person
Laird, Here. Ochoa-Bogh, here. Smallwood-Cuevas, here. Grove, here. Atkins, here
- Toni Atkins
Person
Thank you. I will say, for Members of the public and those who are standing by to call in or testify, we have actually a very busy committee meeting today, so I'm going to try to keep us on track and keep us moving. Just forewarning you. Last week we had a very great and wonderful long discussion and debate with our person who appeared before us for confirmation and to move them onto the Senate for full confirmation today.
- Toni Atkins
Person
As we get to speakers, I will say give your name, organization, if any, and your position of support, and I likely giving you advance warning will stop you if you start to go into further comments. And that is because we have three people who need to be confirmed and we also have Executive session and other work to do.
- Toni Atkins
Person
So I'm just letting my colleagues know as well as public in advance, if there are no objections, I want to take up first governors appointees not required to appear. That would be item two. And I understand we are being asked to move a couple of items.
- Toni Atkins
Person
So the motion I would entertain first would be governors appointees not required to appear. D and E, which are Members of the law revision commission, F G and H, Members of the state contractor state license board. And then I wilk ask to include J Member commission on teacher credentialing as the first motion. And then I will come back for the two remaining items I and K.
- Toni Atkins
Person
Madam Vice Chair, did you need to remove anything else, or were you oh, H. Thank you, Senator. Yes, f, G and H. So it would be two D E F G H and J. And that is the motion from the Vice Chair. Thank you. Thank you, Madam Vice Chair. Madam Secretary, will you please call the roll.
- Committee Secretary
Person
Laird, aye. Ochoa-Bogh, aye. Smallwood-Cuevas, aye. Grove, aye. Atkins, aye. 5-0
- Toni Atkins
Person
Thank you very much. Five to zero. I would entertain a motion on item two, I and K, and these are Members of the Commission on Teacher Credentialing, so move. Thank you, Senator Laird. Madam Secretary, please call the roll.
- Committee Secretary
Person
Laird, aye. Ochoa-Bogh, not voting. Smallwood-Cuevas, aye. Grove, note voting. Atkins, aye. 3-0
- Toni Atkins
Person
3-0 Thank you, colleagues. I would entertain a motion on item three, and that is Bill referrals, reference of bills to committee.
- Rosilicie Ochoa Bogh
Legislator
So moved.
- Toni Atkins
Person
Thank you, Madam Vice Chair. Madam Secretary. Call the roll.
- Committee Secretary
Person
Laird, aye. Ochoa-Bogh, aye. Smallwood-Cuevas, aye. Grove, aye. Atkins, aye. 5-0
- Toni Atkins
Person
Five to zero. Thank you, colleagues. Item number four is Deferred Area Assignments, and I want to just make a comment before I ask for a motion. This is the Senate deferred area assignments. Most of us know that Senate and Assembly District lines are redrawn every ten years by the California Citizens Redistricting Commission after the United States census numbers are updated and finalized.
- Toni Atkins
Person
Given that 40 Senate seats are staggered with 20 seats on the ballot every two years, the creation of the new district results in regions of California without Senate representation until the next election. This is a two year gap where a total of about 3.6 million constituents up and down California are left without a state Senator until 2024.
- Toni Atkins
Person
To ensure that all residents in California continue to have a voice and the ability to petition their state government, including obtaining assistance navigating critical state services and programs, constituent services, as we like to call it. The action of the Senate Rules Committee that we will make today is to assign these specific deferred, unrepresented areas until December 2024, when new senators are sworn min to office for those new seats.
- Toni Atkins
Person
Some of these deferred areas are large and or have such large numbers of constituents that it will take more than one Senator to cover the regions. So while the creation of new districts causes these gaps, I'm confident that our senators will serve these regions such that the resident would not see a difference min the level of access and quality of service by their state government. So with that, I would remind folks this is an administrative task to ensure that the work of the Senate gets completed and that constituents are served.
- Toni Atkins
Person
We are not the Redistricting Commission, nor do we have that function and that is not what we are doing today. It's important that the public understands what action we are taking. And with that, if my colleagues have questions or comments, I can take it. Otherwise, I will entertain that motion.
- Shannon Grove
Legislator
One question.
- Toni Atkins
Person
Yes, Senator Grove.
- Shannon Grove
Legislator
Sorry.
- John Laird
Legislator
You go first.
- Shannon Grove
Legislator
By all means. Former Secretary. Please.
- John Laird
Legislator
Please go. I might have to chen this up.
- Shannon Grove
Legislator
I just want to assure that there is with the amendment from the first packet that we got, there's an insert. On amendment for one change. That's what we're approving.
- Toni Atkins
Person
Yes, the change.
- John Laird
Legislator
Yes, that there's one amendment.
- Shannon Grove
Legislator
There's one amendment.
- John Laird
Legislator
Change was made that's included that's what.
- Shannon Grove
Legislator
We're approving is the changed amendment.
- Committee Secretary
Person
So you're approving the entire deferred area assignment? There's a sheet with a list. It includes the amendment from the last time we reached the Members. Okay. But for purposes of the hearing, you're ting on the entire list of the deferred rendon.
- Shannon Grove
Legislator
Thank you, ma'am. Thank you, ma'am.
- Shannon Grove
Legislator
Thank you, Madam Vice Chair.
- John Laird
Legislator
Senator Laird, I just had a very brief comment, which is I wanted to thank the staff and everybody that worked on this, because this is a herculean task. 3.6 million Californians didn't have a Senator for two years. And the fact that you could find an adjoining district to take it and you could honor the fact that no Senator that is about to run in an area that they don't represent would not be assigned those people so they don't get a leg up in the next election. To be able to do that was very complicated.
- John Laird
Legislator
And I just want to salute them. And I know because there's 3000 and one people in a district, I will run in two years that are unrepresented, that are being assigned to a Senator that is adjacent to me. And I also want to just acknowledge, thank heavens this is happening, because last weekend there was massive flooding in an unrepresented area in my area. And I'm glad there'll finally be a formal assignment of someone in that situation. So do we have a motion yet? No. Then I would move the report that's in front of us.
- Toni Atkins
Person
Senator, thank you. I want to add my thanks to staff and also to the staff that worked on this specifically that took the time to brief the Senators, not just this Rules Committee. I want to thank those Senators for agreeing to take on this task. And I want to thank the Secretary of the Senate for ensuring that we will have the proper resources in order to support those Senators and those ayes, particularly for those constituents.
- Toni Atkins
Person
So with that, Madam Secretary, we please call the roll on item four.
- Committee Secretary
Person
Laird, aye. Ochoa-Bogh, aye. Smallwood-Cuevas, aye. Grove, aye. Atkins, aye. 5-0
- Toni Atkins
Person
Wonderful. Thank you, colleagues. Let me ask for a motion on items five and six. These are floor acknowledgments by senators, so move. Thank you. Seeing no comment or question, madam Secretary, will you please call the roll?
- Committee Secretary
Person
Laird, aye. Ochoa-Bogh, aye. Smallwood-Cuevas, aye. Grove, aye. Atkins, aye. 5-0
- Toni Atkins
Person
Five to zero. Thank you very much. Let me go ahead and move to governor's appointees required to appear and invite to come up as I'm making some comments, Nancy Farias, who is the Director. Nancy, let me not forget your title JD.
- Toni Atkins
Person
I know you worked for that title, Director of Employment, Development Department and say welcome back to you and offer you the opportunity to go ahead and make any introductions or acknowledgments you would like and your opening comments or statements, after which I which go to colleagues directly for questions and comments. So welcome.
- Nancy Farias
Person
Thank you.
- Toni Atkins
Person
Thank you for your patience.
- Nancy Farias
Person
Thank you. Good afternoon, Madam Pro TEM, Members of the committee, thank you so much for inviting me here today to discuss EDD's progress over the last couple of years and since I've been appointed Director of the Department. First, I'd like to thank the Governor for appointing me twice at EDD and for his continued faith min my ability to lead this Department and to his amazing appointment staff and all the staff in the governor's office who have supported me over the past few years.
- Nancy Farias
Person
Thank you. It is my honor to serve. I want to quickly introduce a few people here with me today. More people than I expected, actually. But my husband Dave, for his love and support when I'm having a bad day, and for keeping me jones and my ego in check on the Wood days. I love you with all my heart.
- Nancy Farias
Person
And one of my best girlfriends from Boston flew in, Lily Lucas, extremely successful in her own right. Thank you so much for being here. I'd also like to thank a few people who are not here with me today. My dad, who recently passed away from leukemia, was a custodian for the public school system in my hometown of Fall River, Massachusetts. Thank Lizzie Wardon. He was very, very proud of me.
- Nancy Farias
Person
In fact, he cried when I graduated from law school and when I passed the bar. And to be fair, I cried during the bar exam. But he was also very proud of this appointment. But it was his example, his years of public service and his generosity that shaped me and taught me that every public service job matters.
- Nancy Farias
Person
Titles matter, of course, but it's how you treat the person without the title that matters most. My dad was also a dues paying union Member, of course. I also want to thank my mom and my 99 year young grandfather, both of whom are watching today back home in Fall River. My mom, I'm sure, had to tear my grandfather away from the casino.
- Nancy Farias
Person
My brother Derek, his wife Kristen, both public school teachers, my nieces and nephews who all attended public schools, as well as Dave's kids and our seven grandchildren. Thank you all for your support and for never letting me forget where I came from and for always welcoming me home. I would be remiss not to thank my village, my biggest cheerleaders and mentors in work and min life, some of whom are here today.
- Nancy Farias
Person
April Sheilan Meg in Boston mary jenny. Daphne. Angie christie jackie michelle tia yvonne maribel anna mona Julie. There are so many more. I appreciate your love, friendship, advice and support always. But truly, I would not be here today without the support of the staff at Edd. All of the staff, including, of course, the Executive team, the amazing ELT, but also those who do the work, run the numbers, keep the lights on and the buildings clean, answer the Jones and help their fellow Californians navigate state government.
- Nancy Farias
Person
Having the opportunity to lead this organization by understanding the value that those employees provide informs how I lead. It's not bottom up or top down, it's not management versus labor and it's not my way or the highway, although my husband may disagree with that one. It's leading by understanding, leading by asking questions, leading by listening, and leading by fostering relationships, including, of course, those in the Legislature and with stakeholders.
- Nancy Farias
Person
So to all the Edd staff and all public employees, thank you. I am so grateful to you and your public service. And lastly, of course, I would be remiss not to thank the Legislature and the legislative staff for your continued commitment to Edd and your dedication to helping Californians in times of need. I am so very appreciative of your support and with that, I am honored to answer any questions you may have.
- Toni Atkins
Person
Thank you very much. Given the tough role that you play, I'm glad to hear you have all of that incredible support here and thank you in your hometown. Welcome. And I'm going to go ahead. This is our second Rules Committee and so that the new Members of this committee understand we do equity and fairness.
- Toni Atkins
Person
I'm starting on this end of the Dais today with this appointment. And so, Senator Smallwood Cuevas, you go ahead and go first.
- Lola Smallwood-Cuevas
Legislator
Absolutely. Thank you so much, madam. Pro Tem. And thank you so much, Director Farias, for connecting with us. It was wonderful to meet with you prior to this appointment hearing and very excited to hear about how you are fighting for and centering equity min the work that EDD does and also doing it in a way that is creating collaboration across the various units that make up this very important work of ensuring communities get back to work in good, quality jobs.
- Lola Smallwood-Cuevas
Legislator
So I really appreciated how you talked about low you align the Workforce Development Board work with the Division of Apprenticeship Standards, the Employment Training Panel and all of the other networks that are on the ground in my district. So I appreciate that.
- Lola Smallwood-Cuevas
Legislator
I had the honor to meet you while touring my district. You were part of a community tour. Looking at the significance and importance of having an EDD asset in the heart of the 28th District and certainly in one of the communities that is hardest hit, the Crenshaw District, where we have some of the poorest census tracts in the nation and where the need for access to quality jobs and true workforce development and placement is critical. And I don't want to sort of make this conversation repetitive.
- Lola Smallwood-Cuevas
Legislator
And we talked about how it is important for the Legislature, and particularly me, as the state Senator of that district, to do our job, to ensure that we have the resources needed to make sure that this office that has Allen into desperate ill repair is quickly brought back to life and functioning and operational for our communities that need and deserve it so much.
- Lola Smallwood-Cuevas
Legislator
But I wanted to see, if you could share with us today and tell the committee how, through your leadership and vision, the EDD plans to ensure that this building does not fall through the cracks. Because we know it is possible and particularly in a moment where dollars aye beginning to be scarce that we make sure that we are prioritizing this facility in both the budget process and in the capital outlay process.
- Nancy Farias
Person
Thank you Senator, it was a pleasure to go to your district. That was a great tour. It was a day long tour in Crenshaw and it was really amazing and thank you for our conversation yesterday. So yes, currently Crenshaw EDD owns a building in Crenshaw and it has been vacant for due to litigation, it was vacant for about four years.
- Nancy Farias
Person
So it is in some disrepair as we have seen. And currently we are working with our partners at DGS to do a plan, mitigation plan to see exactly what the building needs. And I did clarify, Senator, from our conversation last night that that will be jones in the next couple of months. So that is a this year thing and once we have the plan we would be happy to review it with you so you understand what we understand and we both understand what is needed to move forward to get that building open.
- Lola Smallwood-Cuevas
Legislator
Appreciate that and looking forward to working with you on that. I have a couple of follow up questions on that and making sure that we secure resources sooner than later. The other very surprising but important function that Edd serves is that it's one of the largest tax collection agencies in the nation and the Edd Tax Branch collects billions in taxes and ensures that we have the Edd Unemployment Trust Fund.
- Lola Smallwood-Cuevas
Legislator
We understand that the Unemployment Trust Fund is running a deficit I wanted to know if you could collaborate on the steps that Edd will take to ensure that businesses aye paying their fair share. We hear a lot about the fraud that many vulnerable populations may have participated in and that we made sure that we took steps to extensively address that issue.
- Lola Smallwood-Cuevas
Legislator
But when we have employers who are not paying taxes who aye unlawfully holden resources that our state so desperately needs, really want to understand how you will prioritize and make sure that we're plugging those issues as well.
- Nancy Farias
Person
Great. Thank you so much for that question. It's a very important question. At EDD, we have always, prior to lawsuits, bills, et cetera, we have always believed that we want to make sure that employees are properly classified.
- Nancy Farias
Person
And we want to make sure that employers are paying what they should be by law into the system. And that is our mission, sort of, if you will, under the tax branch. And through that mission, we are part of many different tasks force. And we work with local law enforcement.
- Nancy Farias
Person
We work to do investigations or to make sure that employers are paying what they're supposed to be paying. For example, new employers, for example, we do random audits on new employers to make sure that they are classifying their employees correctly. Occasionally what will happen is that an employee will apply for benefits. But we don't have an employer on record, which is a flag.
- Nancy Farias
Person
So that flags an investigation into whether or not the employee is eligible for benefits or whether the employer believes that that employee is not an employee, if you will. There's probably about 20 different tasks force that we're on. I suppose of a few we lead. There's a joint task force with the DA's office.
- Nancy Farias
Person
I'm sorry. There's a lot of different task force that we work with and work in, some of which we lead in order to make sure that my first statement is correct.
- Lola Smallwood-Cuevas
Legislator
That's right. Thank you. Thank you for the detail. And it's all right because we want a leader who knows the weeds, who understands the complexity of the issue. So I appreciate that. This is my final question, Madam Chair, and that is that there's been secured in this budget.
- Lola Smallwood-Cuevas
Legislator
There are funds that are going to be allocated to the displaced oil and gas worker Fund to ensure that we have a just transition of those workers career counseling, employment training, job placement so that we are not moving from one sector and restructuring into a sector where it's low wage race to the bottom conditions.
- Lola Smallwood-Cuevas
Legislator
We want workers who are min strong careers to transition into strong careers. And you mentioned that Edd in our conversation is essentially the fiscal agent for administering those funds. And I wanted to just see, as part of your role in administering those funds, how will you look at the people who will participate in this program? And I raised that because in my work as an organizer. There are particular populations that were left out of the first industrial building of the industrial economy women, black workers, immigrant workers.
- Lola Smallwood-Cuevas
Legislator
In terms of the benefits and opportunities, how will you be looking at race and gender and economic equity as we move into the green sector, into renewable energy careers, to make sure that those communities are centered, meaning that we're going to be bringing those populations who too often were the last hired and first to let go. Like, how do we make sure that they're centered min the new economy and the new work?
- Nancy Farias
Person
Thank you. That's a great question. So that is a very specific program, as you mentioned. And I think we want people to have careers, not just jobs. And so some of what we are looking at is within Edd we have a market division that does lots of research and they look at what the market is and where some people may be losing jobs due to climate change or whatever the X is.
- Nancy Farias
Person
And I would say that what we're doing is looking at the populations and making sure that if they need training, we get them training. We want them to keep their salary because those are highly skilled and well paying jobs.
- Nancy Farias
Person
And we want to make sure that the people that may lose their job, when we see the trends that they transition into another high paying job, are they using their skills? I mean, ways that we measure successes, are they using their skills? How long did it take them to find a job? Did they find a job? Did they have to relocate? Things like that.
- Nancy Farias
Person
And we work very closely with the workforce Board on the high road transition projects as a mechanism. And so we believe that that is a good mechanism in order to ensure that there's equity and inclusion.
- Lola Smallwood-Cuevas
Legislator
Thank you very much.
- Nancy Farias
Person
Thank you.
- Toni Atkins
Person
Thank you. Senator. Senator Ochoa Bogh.
- Rosilicie Ochoa Bogh
Legislator
Good afternoon, Mrs. Farias. Just for the public, we had an opportunity to meet via Zoom and we had a really positive conversation on various issues. But one of the things that I wanted to just highlight today was some of the things that we discussed, which was the fact that Edd as of now, has implemented and resolved 19 of the 21 of the Bureau of State Audits or the BSA recommendations pertaining to Edd.
- Rosilicie Ochoa Bogh
Legislator
The reason I mentioned that, well, that also the fact that the 100 Edd Strike Team recommendations that were given, 82 have been complete, including the 100% of all short term and near term recommendations. The reason I'm bringing that up because I wanted for the record to share some of your thoughts with regards to the many concerns with the fraud that happened this past two years and wanted to have it on record.
- Rosilicie Ochoa Bogh
Legislator
What your plan are moving forward to making sure that amends are being made and how that also impacts the unemployment or the debt that we have to the federal government. That as quoted, if I understand correctly, it's about $18 billion at this time, which, as we discussed in our conversation, we mentioned the fact that it's not just employers that are responsible for these payments, but the fact that ultimately, it's every Californian who will be paying the price of this debt. So your thoughts?
- Nancy Farias
Person
Sure Great. Thank you so much for acknowledging our compliments. And thank you so much for our accomplishments. And thank you so much for the meeting the other day. To your point, on the CSA audits, there were two separate audits, and one of them, you are correct in that 19 out of the 21 are completed there's actually, just today I got an email that it's actually 20.
- Nancy Farias
Person
We're waiting for CSA to confirm that they think it's completed. And the last one will be completed by April, which is the timeline that they gave us that's on the operations. There was also a fraud audit, of which there where, I believe, 19 recommendations, if I'm correct, and we've completed all of them. And so that was done by late last year.
- Nancy Farias
Person
We completed all of them. And the auditor agrees it's on their website that that they we have completed all of them. As far as the debt and the fraud, I say this all the time, but the fraud was unprecedented. It hit every state. And that is for California, it's a lesson learned.
- Nancy Farias
Person
I think for every state, it's probably a lesson learned. The debt is not necessarily doesn't correlate to the fraud because the fraud was in the federal programs and the UI debt is just the state program. And so of the fraud, of the 20 billion that we have identified in fraud, there's only about a billion of it that was actually or less, a little bit less, actually, that is part of the UI trust Fund.
- Nancy Farias
Person
So part of the UI system, though, the rest of it is all the federal it's all federal money that came in. And so when we recover that money, that money has to go back to the federal government. It does not go into our UI trust Fund is a simple way of saying it.
- Rosilicie Ochoa Bogh
Legislator
Okay, thank you for your feedback. And then the last question that I wanted to ask was with regards to the technology, the new information technology project, we talked about the concerns that we had within my district with constituents. Really being challenged with the system of appeals and the delay that happened on that end.
- Rosilicie Ochoa Bogh
Legislator
So I understand you have new technology that's being in place, that's being implemented. So moving forward, how are you addressing those of us who are less technologically savvy and what plan of action do you have in order to accommodate those who may have a little more difficulty in navigating that system?
- Nancy Farias
Person
Yes, thank you. That's a great question. And really, since day one that I've been at EDD, that is, the population that I have focused on, because anyone, even during the Pandemic, if you could go online and submit a claim, you were pretty good.
- Nancy Farias
Person
It was the people that maybe had language access barriers or didn't have access to the Internet, where they got sort of especially the language access, it tripped a lot of people up because we didn't have the language lines that we have now.
- Nancy Farias
Person
And so what we're doing part of Edd Next, which is a modernization not only of our It system min our mainframe, but it's a culture shift. So we want to change the policies and procedures that go along with the It, because you can't just change the It and have the same old policies and procedures, right? So some of what we're doing currently is simplifying forms.
- Nancy Farias
Person
For example, the forms, if you look at a form, they're somewhat complicated and they haven't changed in a long time. And so we want to just use plain language min a form, and we want to make them available to everybody. We have translated the vital forms into the top languages, which was not done prior to the Pandemic.
- Nancy Farias
Person
We have a language access line where people have access to over 100 different languages. And all of the ways on how to get to that language line is all those documents are all translated online. And we still have, because we are modernizing, part of the It. The goal is that less people will call because the It is now modernized. There are so many things that we can do now that we couldn't do during the Pandemic that was manual.
- Nancy Farias
Person
And so now that we have implemented It projects during the pandemic and then we continue with Edd next, the call center will be able to deal with people who maybe don't have access to online rather than like during the Pandemic people had to send a piece of paper in for an application.
- Nancy Farias
Person
And we don't have that anymore because we now have document upload and the people that do have to send documents in there are more staff that are available to help.
- Rosilicie Ochoa Bogh
Legislator
Perfect do.
- Rosilicie Ochoa Bogh
Legislator
So the last question would be what the current projected timeline for completion and rollout of EDD Next? Well,
- Nancy Farias
Person
it's going to roll out in stages.
- Nancy Farias
Person
It's about a five year I've said this in budget committee.
- Nancy Farias
Person
It's about a five year project. We haney to come in front of the Legislature every year to talk about the good things, the good, the bad and the ugly on it. It's a five year project but it's a stage project.
- Nancy Farias
Person
So, we anticipate, like for example, as I just mentioned, the forms redesign, the shared customer portal. That's all this year. So, there will be successes each year as we go along.
- Rosilicie Ochoa Bogh
Legislator
Okay. And just for the record for the public, what year? Aye, we are in year two.
- Shannon Grove
Legislator
Thank you.
- Nancy Farias
Person
Although I still don't know what actually year it is.
- Nancy Farias
Person
But thank you very much.
- Toni Atkins
Person
Thank you, Senator. Thank you so much. I'm going to turn now to our vice Chair, Senator Grove.
- Shannon Grove
Legislator
Thank you, Madam pro Tem., I'm just going to make a statement because of course some things that were said in previous questions kind of just got me riled up a little bit.
- Shannon Grove
Legislator
I hadn't even thought about asking about the money that was put in the budget. Flora our oilfield workers I represent 70% of the state's oil and gas in the state of California and we produce it.
- Shannon Grove
Legislator
I can tell you going out and talking to my oil field workers, they don't want to stand min a food line. They don't want to be reassigned.
- Shannon Grove
Legislator
They are 55% people of color. They are 22% second chancers some of these people can't even read and write at a 6th grade level.
- Shannon Grove
Legislator
But they have the opportunity to come out and make $80 to $100,000 a year in an entry level position. 12% of veterans and 11% women, 48% of them have no college degree.
- Shannon Grove
Legislator
They want to produce California oil. The Californians consume 1.8 million barrels a day on California soil.
- Shannon Grove
Legislator
Flora californians creating jobs for Californians.
- Shannon Grove
Legislator
They don't want to stand in your unemployment line. And we, dang sure don't need another Dollar Tree.
- Shannon Grove
Legislator
No offense to Dollar Tree, but we don't need another dollar tree to transition jobs to. So that statement, the second thing I'd like to say is that I want to thank you for answering my colleagues question.
- Shannon Grove
Legislator
Ms.Smallwood-Cuevas or Senator Smallwood Cuevas, that you look at both sides because there is employee fraud and there is employer fraud and I really do appreciate you taking a balanced approach.
- Shannon Grove
Legislator
Not very many people do that.
- Shannon Grove
Legislator
People sometimes in your position think that employers are these big evil people that don't even care about employees and that's just not the case. And so I really do appreciate you looking at both sides of that issue.
- Shannon Grove
Legislator
And I know we talked extensively yesterday.
- Shannon Grove
Legislator
You did mention something. Thank you for being here.
- Shannon Grove
Legislator
That was my rant.
- Nancy Farias
Person
Thank you.
- Nancy Farias
Person
We had a lovely meeting here and.
- Shannon Grove
Legislator
Thank you for meeting with me yesterday.
- Shannon Grove
Legislator
We did talk a little bit yesterday about the fraud component and the money that is the potential dollars, $18 million in underfund liabilities are underfunded in, the UI Fund, and then roughly, I think, up to $32 billion.
- Shannon Grove
Legislator
That was billion.
- Shannon Grove
Legislator
Two, not million. I think it was $32 billion for the fund. I guess my question to you is you made a statement in response just now that there was a mechanism for recovery.
- Shannon Grove
Legislator
You use the word recovery like if you were going to recover some of these funds, can you talk about how you're going to do that? And I'm not trying to be sarcastic, but I know that there's a woman in Chowchilla Prison that the Edd office paid $103,000.
- Shannon Grove
Legislator
And there's a guy who claimed to be Scott Peterson and who's not the real Scott Peterson that murdered his wife and child, but they got $89,000. And then there's another guy that was 22 year olds old, they got $104,000.
- Shannon Grove
Legislator
Like, how do you get a 22 year old to pay back 100 grand? And how do you get a lady that's serving in Chowchilla Prison to pay back $103,000 that went someplace? That's a great out of curiosity? Yeah,
- Nancy Farias
Person
No, that's a great question, Senator.
- Nancy Farias
Person
And I don't think we're under the impression that we're going to collect every last dime.
- Nancy Farias
Person
We're certainly going to try to collect every last dime.
- Nancy Farias
Person
But we do have the Governor created the OES task force a couple of years ago now.
- Nancy Farias
Person
And through that task force, we really do coordinate with local law enforcement, FBI, Department of Labor Investigations Office.
- Nancy Farias
Person
We also hired, as you probably know, McGregor Scott to sort of coordinate all mathis.
- Nancy Farias
Person
And some of our biggest partners, in capturing, recovering some of that money is our fraud partners IDme and Thompson, Reuters, they actually help us put together packages because they also have access to the fraud that's happening again nationwide.
- Nancy Farias
Person
But interestingly enough, how do we recover that? We have to go to court.
- Nancy Farias
Person
Somebody brings a case, the DA brings the case.
- Nancy Farias
Person
And EDD is often named as a victim.
- Nancy Farias
Person
And it is how we get restitution.
- Nancy Farias
Person
So it's sort of a fascinating twist on the fraud. And we have collected so far recovered over a billion dollars in fraud money. So it is not an overnight process. It will take time.
- Nancy Farias
Person
But we have been working on it now since we stopped the fraud two years ago. And we do anticipate there is still I just saw an email just came by my desk. It was $750,000 that we got back.
- Nancy Farias
Person
And it sounds small when you compare it to the 20 billion that was high indicia of fraud, but we're working it.
- Shannon Grove
Legislator
I appreciate that very much.
- Shannon Grove
Legislator
Thank you.
- Shannon Grove
Legislator
I was not aware of the recovery process, so I do appreciate that. And I do appreciate that you have to go through a court system, get what's back to you? Renters.
- Shannon Grove
Legislator
I mean, people that rent properties have to go through a court system, and it takes a while. So I appreciate that very much.
- Shannon Grove
Legislator
I do want to follow up with some questions that I asked you yesterday when we had the opportunity to visit regarding, obviously, the UI Trust Fund and the UI Fund and the overdraft, I believe it was in 2010 or 12..
- Shannon Grove
Legislator
There was an overdraft, and business owners or job creators in this state were responsible for paying the Food Attach reduction credit, and it created an additional dollar amount.
- Shannon Grove
Legislator
We ran that by colleagues here in the building.
- Shannon Grove
Legislator
And again, there's not so much now, but there were a group of individuals that really felt like the employer would just pay it.
- Shannon Grove
Legislator
We'll just pay it.
- Shannon Grove
Legislator
But just to give the public an example, if you have a $500,000 a year payroll, which is not a lot of money chen you are employing people that's six people, 6.25 people at $80,000 a year, or it's 14 people at minimum wage.
- Shannon Grove
Legislator
So a restaurant that has two cooks, a dishwasher and three servers and a hostess.
- Shannon Grove
Legislator
This is a small business that has a $500,000 a year payroll, and that's a gross payroll, $500,000 a year payroll.
- Shannon Grove
Legislator
A Bill will be sent to them, what, December 31, and in 15 days, they have to come up with $15,000.
- Shannon Grove
Legislator
Based on the percentage that we would calculate here in California, it's a 0.3%.
- Shannon Grove
Legislator
You know how it works.
- Shannon Grove
Legislator
Like, it goes up.
- Shannon Grove
Legislator
So it would be $15,000. If they don't have the money to shell out $15,000 at the end of the year and they are 15 days late on that payment, there is a 15% daily penalty on that.
- Shannon Grove
Legislator
How do you ever get out of that? And what's a solution. Because in my mind, speaking for every small business and business owner in the state of California, in my mind, it was blatant mismanagement, misuse, however you want to put it, by the Department, which I applaud you and Director Signs for fixing over the last two years, I really do.
- Shannon Grove
Legislator
But there was this huge gap in providing services but not verifying.
- Shannon Grove
Legislator
I mean, I gave you the example yesterday.
- Shannon Grove
Legislator
A person applying under the name of Poopy Pants got tens of thousands of dollars of benefits.
- Shannon Grove
Legislator
So I say that to say, if my staff took a job, that'd be a red flag.
- Shannon Grove
Legislator
So I ask you this because these penalties are so severe, it's not the employer's fault that it happened, but they're going to be on the hook flora the repayment, because it's not in the budget to make amends for the errors that were created by a state agency.
- Shannon Grove
Legislator
So how can you explain that? So,
- Nancy Farias
Person
Senator, I will start.
- Nancy Farias
Person
Thank you for the question.
- Nancy Farias
Person
And we had a really nice meeting yesterday.
- Nancy Farias
Person
Thank you.
- Nancy Farias
Person
I'm happy to know that we have a mutual friend.
- Nancy Farias
Person
So I will start by saying the fraud was unprecedented.
- Nancy Farias
Person
I've said that there was a short period of time when the fraud happened since that time we have instituted as we talked about and to your example and thank you to the Legislature, we cross match with CDCR.
- Nancy Farias
Person
That was not something we did prior because as I've said, the federal program didn't haney the same checks and balances that regular UI has as no employer that you have to check against.
- Nancy Farias
Person
And so we cross match against the CDCR list.
- Nancy Farias
Person
We will do that in perpetuity.
- Nancy Farias
Person
We have now iDMe a lot of the fraud was identity theft, as you just mentioned with another one of your examples.
- Nancy Farias
Person
And we also have Thomson Reuters that we use and they are our fraud filters.
- Nancy Farias
Person
So whatever the filter might be, we work with them to make sure that our system is secure in that way. And so I do believe that the fraud is over. Now the scammers are out there every which way and there is always a new scam. And so as I mentioned yesterday, we are always looking at our filters, always making sure that we aye on top of things.
- Nancy Farias
Person
If we see thanks we have a command center now thanks to Senator Laird's Bill and the command center really looks at the workload and sees are there more paper coming in, more online, more by phone and we look at that because that is a flag.
- Nancy Farias
Person
So I would say that that is the first part of that question and your second question was about the UI Trust Fund, is that right? Yes.
- Nancy Farias
Person
And so I will just say that there is a way that mathis debt is paid off.
- Nancy Farias
Person
It was paid off this way during the Great Recession.
- Nancy Farias
Person
And to your point, it is the food attacks and absent any reforms, I mean, I also just want to say that California has the lowest taxable rate which is 7000 the base rate and we also have the lowest rate in any of the states.
- Nancy Farias
Person
To be honest with you.
- Nancy Farias
Person
We are low.
- Nancy Farias
Person
We're we're low.
- Nancy Farias
Person
Our rate does not fluctuate with the debt.
- Nancy Farias
Person
There are other states that have like for example, the $7,000 wage base.
- Nancy Farias
Person
We are on par with Arizona.
- Nancy Farias
Person
That's the lowest allowed by the federal government and Arizona's rate will move up chen they have a deficit and we do not have that in California, for example.
- Nancy Farias
Person
So absent any reforms, that's the process that we have. It's the federal process. That's what we follow and that's what we will continue to follow to pay off the debt.
- Shannon Grove
Legislator
So I appreciate that. I just want to make a point to and again, I know I don't want to feel like I'm talking in circles. Yesterday I mentioned there were three states, I call them the evil trifecta three states that will have to have a food attacks reduction clate.
- Shannon Grove
Legislator
There's actually four.
- Shannon Grove
Legislator
I didn't know that Connecticut was part of that.
- Shannon Grove
Legislator
But it's California.
- Shannon Grove
Legislator
Min, Illinois, new York and Connecticut.
- Shannon Grove
Legislator
It's usually always just California, Illinois and New York.
- Shannon Grove
Legislator
And that's because we have a state unemployment tax and most states don't.
- Shannon Grove
Legislator
I understand that the rate of the $7,000 does fluctuate by all different states, and $7,000 is one of the lowest numbers or the lowest numbers based on a base flora wages for wages on the first $7,000.
- Shannon Grove
Legislator
But that fraud was administered by your Department or the Department edd those checks were sent out.
- Shannon Grove
Legislator
And that mismanagement of those funds is creating a heavy burden on employers starting possibly in 2024, because in this year's budgets, it's already pulled back.
- Shannon Grove
Legislator
So I just want to make that point specifically.
- Shannon Grove
Legislator
I mean, I know you understand it, but to my colleagues and the public, that the mismanagement that happened at a state Department has now California based businesses, small and large, on the hook for $20 billion.
- Shannon Grove
Legislator
And $20 billion is a lot of money, especially when you're coming out of a situation where the response government had to the pandemic shutting down businesses and not having a revenue for two years.
- Shannon Grove
Legislator
So I just think that's highly important to highlight.
- Shannon Grove
Legislator
I do want to thank you for all of the information that you gave me yesterday on what you guys have put in place over the last two years to stop fraud like that from happening.
- Shannon Grove
Legislator
The Bill you talked about cross referencing, that was originally my Bill.
- Shannon Grove
Legislator
It was given to another author.
- Shannon Grove
Legislator
But it doesn't matter because it's something that's working.
- Shannon Grove
Legislator
And I just applaud the Governor for signing that piece of legislation that does allow us to cross reference with CDCR inmates their Social Security number so that they can no longer apply for benefits and scam the public out of the money that they were scammed out of.
- Shannon Grove
Legislator
I appreciate everything that you told me about what you're working on.
- Shannon Grove
Legislator
And I think the first question I ask you when you came into my office is, why do you want this job? Like, what are you thinking? I might have a conversation with your husband.
- Shannon Grove
Legislator
Husband? Yes.
- Shannon Grove
Legislator
Oh, he's over here.
- Shannon Grove
Legislator
Husband.
- Shannon Grove
Legislator
I knew somebody was on that.
- Shannon Grove
Legislator
Sorry.
- Shannon Grove
Legislator
I knew you were kind of sitting min the middle, but I might have a conversation with your husband because I don't know why you would want this job.
- Shannon Grove
Legislator
But after you answered all my questions yesterday, I understand that.
- Shannon Grove
Legislator
You will be very successful at this job because of what you guys have done over the last years.
- Shannon Grove
Legislator
To prevent I mean, there's no guarantees.
- Shannon Grove
Legislator
There's always scammers out there.
- Shannon Grove
Legislator
But you have put a lot of things in place with iDMe, all the things that you've mentioned already.
- Shannon Grove
Legislator
And I believe that moving forward, you will reduce the cost that the burden will fall on employers and business creators or job creators in this state.
- Shannon Grove
Legislator
And some of them, frankly, I'm getting phone calls.
- Shannon Grove
Legislator
They're scared to death, these small restaurants, these businesses, because people don't realize that a $500,000 a year payroll is only 14 minimum wage employees.
- Shannon Grove
Legislator
It's not a lot.
- Shannon Grove
Legislator
They're scared of these bills that are coming.
- Shannon Grove
Legislator
And so thank you for at least listening to my heart on that issue and for yesterday.
- Toni Atkins
Person
Appreciate you, Madam Vice Chair.
- Toni Atkins
Person
Thank you so much, Senator Laird.
- John Laird
Legislator
Thank you, Madam Chair.
- John Laird
Legislator
I think the vice chair just in her close, stole one of the things I was going to say, and that is that the three of us sitting here did your confirmation two years ago.
- John Laird
Legislator
And I think it's really worth saying that you came in at the low of the lows.
- John Laird
Legislator
And everything we're talking about was how you had to deal with the situation you were faced and did not create and how you worked out of it.
- John Laird
Legislator
And I think my colleagues have been really clear that you don't own what happened before you, but you haney owned how you've responded.
- John Laird
Legislator
And that has been really significant.
- John Laird
Legislator
And the thing I was going to say, that the vice chair sort of stole mathis at the beginning.
- John Laird
Legislator
You thanked the Governor for appointing you.
- John Laird
Legislator
And it's like, what are you thinking? Because basically he should be thanking you just for how difficult it has been.
- John Laird
Legislator
It's very significant.
- John Laird
Legislator
And I met with you yesterday, and I don't need to rehash many of the things my colleague said.
- John Laird
Legislator
But if you look at the number of audit findings that you responded to, and if you look at how there is a plan to work out of the deficit and you look at all the things that have been put in place that is just attributed and makes you worthy of confirmation by itself.
- John Laird
Legislator
But let me talk about two that haven't totally come up yet and maybe close on those.
- John Laird
Legislator
Jones is and I am not the one that took Senator Grove's Bill, Senate Bill 390 for the recession plan was introduced on its own.
- John Laird
Legislator
And it's very significant because this was an audit that came out of the audit and there had been audits out of the Great Recession and one before that.
- John Laird
Legislator
So we had three downturns and there were audits out of each jones that said we need a recession plan.
- John Laird
Legislator
So finally there was the Bill that created it.
- John Laird
Legislator
You have implemented it.
- John Laird
Legislator
And would you talk a little about if in fact we are heading into a recession at some point in the not too distant future? How mathis time? You're more ready to face into it? Yes,
- Nancy Farias
Person
thank you.
- Nancy Farias
Person
It was great to meet with you yesterday and talk about the recession plan.
- Nancy Farias
Person
Also, thank you for the Bill, because you're right, we do have a recession plan now, and it's very extensive.
- Nancy Farias
Person
If you've seen it, I think it's about close to 100 pages.
- Nancy Farias
Person
We have within Edd, our command center, and they aye, the ones that I mentioned a little bit earlier, that they track and report on trends and the way that we have approached the recession.
- Nancy Farias
Person
Papan is basically a staged process with triggers.
- Nancy Farias
Person
And as I mentioned, yesterday, we have not hit any of those triggers yet.
- Nancy Farias
Person
So the trigger and I will just only remember probably one, but the first trigger I know is a 6% unemployment rate and we are not there yet, right? And hopefully we will not get there.
- Nancy Farias
Person
But what we aye fong is hiring permanent intermittents.
- Nancy Farias
Person
We have about 300 of them that we aye hiring.
- Nancy Farias
Person
And that is because lessons learned, which is my motto at Edd.
- Nancy Farias
Person
We know we can't hire a bunch of people overnight and so when we hire permanent intermittents, we are allowed to first of all, they're merit staff, they're state staff, merit staff, they have benefits, fully benefited and we get to dictate when they work.
- Nancy Farias
Person
So if we are heading into a recession, then we can ramp up and say we need 150 people to come min 20 hours a week.
- Nancy Farias
Person
If the unemployment rate does climb, then we can require that they work more or require that all 300 work.
- Nancy Farias
Person
And so right now we're not anticipating that any of them need to work, but we are prepared for a possible recession if that does happen.
- John Laird
Legislator
And I know that we drilled down yesterday on what specifically happens and you anticipated that, you just mentioned it.
- John Laird
Legislator
Thank you.
- John Laird
Legislator
Because it's not just that we have a plan, it's like whether we're ready to really move on it.
- John Laird
Legislator
And you were very clear yesterday, and I should just say it for the record, that a pandemic is different than a recession.
- John Laird
Legislator
And if you move into a pandemic and there's this monumental dislocation in a matter of two days, that's fong to be a challenge.
- Nancy Farias
Person
So I will say to that, I did think about that a little bit, Senator, after we had that conversation. And you are absolutely right. The Great recession was gradual and the pandemic was basically overnight.
- Nancy Farias
Person
But again, during the pandemic EDD implemented, and this is the part that I forgot to tell you yesterday, we implemented 200 it projects to basically make it easier for claimants.
- Nancy Farias
Person
And so giving an example, which I think I did earlier, was the document upload flora example, during the pandemic, at the beginning of the pandemic, people had to send in mail.
- Nancy Farias
Person
Like when if we requested something, they had to send it in by mail. Now we have document upload.
- Nancy Farias
Person
So, in a lot of the calls and the mail that we received were people, rightly? So, did you receive my X that we asked for? And so, we won't have that anymore.
- Nancy Farias
Person
So I think we are definitely better prepared for something like a pandemic.
- Nancy Farias
Person
I mean, again, that's an anomaly.
- Nancy Farias
Person
And I couldn't sit here and say sure, if the unemployment rate goes to 20% or something, that's crazy.
- Nancy Farias
Person
But I would say that things that we have put in place to automate a lot of our systems during the pandemic will be really helpful if there is another sharp downturn quickly.
- John Laird
Legislator
Thank you. I really appreciate that.
- John Laird
Legislator
And the other thing I was going to mention is a lot of times when we are min confirmations, the Legislature does or doesn't put something min the budget or does enact something and you're supposed to implement it, and then it is the subject of confirmation hearings where it's like, how did you get there? And you have to be polite and try to figure out a way to say it's, because that's where you put me.
- John Laird
Legislator
And so I think that's very important to acknowledge that you're dealing within a system that has been prescribed in many ways, but there are good pieces of it.
- John Laird
Legislator
And I think it came up maybe in Senator Smallwood clavis's exchange.
- John Laird
Legislator
I can't remember which one.
- John Laird
Legislator
The Legislature gave you requirements on language access, and you have now implemented that and from Allen accounts reasonably well.
- John Laird
Legislator
And I wondered if you would describe what it is that you had to do to implement that and how, in your view, it is working at this point.
- Nancy Farias
Person
Yes, that's great.
- Nancy Farias
Person
I will back up and just say one of the first things that I did when I got to Edd when I was Chief deputy was we created a stakeholder Liaison office to communicate with stakeholders.
- Nancy Farias
Person
One of the things that we did on top of that was to create a language access office that's fully staffed.
- Nancy Farias
Person
They may not be fully staffed right now, but I know that they were hiring most of the staff.
- Nancy Farias
Person
Just actually last week there was an interview.
- Nancy Farias
Person
And so that has really informed as well as with the Legislature, and we've had several negotiations with stakeholder organizations on what the right thing to do is as far as language access.
- Nancy Farias
Person
And it comes down to translation, to be honest.
- Nancy Farias
Person
There's a lot of what we're doing in Edd next with online the portal and online documents and online applications.
- Nancy Farias
Person
But immediately what we've jones is we have translated vital documents into the top spoken languages.
- Nancy Farias
Person
We do have a language access line that is available in over 100 languages, which I think is pretty impressive.
- Nancy Farias
Person
And we have staff at Edd that speak the top languages to the extent that we can find people that want to come work at Edd that speak other languages.
- Nancy Farias
Person
And we continue to work with the Legislature and stakeholders to make sure that we aye doing exactly what is expected of us and what should be done as far as language access.
- John Laird
Legislator
Thank you.
- John Laird
Legislator
I just really appreciate it.
- John Laird
Legislator
I really appreciate the fact that you were given that assignment and you really ran with it.
- John Laird
Legislator
We have experiences.
- John Laird
Legislator
I mean, I have to run in one county that translates my ballot statement into Spanish, Chinese and Vietnamese.
- John Laird
Legislator
And then they send it to me and they say, would you check this and pass the Spanish? I'm really hampered.
- John Laird
Legislator
And so 100 languages and what you do, I can only imagine.
- John Laird
Legislator
So thank you.
- John Laird
Legislator
I really appreciate the responses.
- John Laird
Legislator
And I look forward to supporting your confirmation.
- Nancy Farias
Person
Thank you, Senator.
- Toni Atkins
Person
Thank you, Senator.
- Toni Atkins
Person
Let me go back to Vice chair Grove.
- Shannon Grove
Legislator
Thank you, Madam President.
- Shannon Grove
Legislator
I did have a question that I failed to ask you, and I need to make sure that I ask this question.
- Shannon Grove
Legislator
I'm in receipt of a letter from the Committee of Oversight and Accountability signed by Congressman Comer regarding the edd fraud that took place during the pandemic, distribution of the Pua funds and some of the documents that they're asking for prior to the audit.
- Shannon Grove
Legislator
Recommendations that were put in place to prevent fraud in the future and after are all documents, processes and procedures related to the disbursement of the unemployment insurance benefits during the pandemic, including policies, procedures extended to ensure payments made to the proper individual and to ensure that the individual is qualified recipient to receive the unemployment insurance.
- Shannon Grove
Legislator
All documents, communications with employees, Edd employees, and the US.
- Shannon Grove
Legislator
Department of labor regarding UI benefit programs, all documents and communications related to efforts to prevent payment, fraudulent UI claims all documents and communications related to recoup UI claims paid improperly, and then all documents and communications and identifying the total number.
- Toni Atkins
Person
Slow down a little bit, Senator.
- Shannon Grove
Legislator
I'm sorry.
- Shannon Grove
Legislator
I can provide the court reporter a copy of this as well.
- Shannon Grove
Legislator
I am so sorry.
- Shannon Grove
Legislator
Sorry.
- Toni Atkins
Person
No, it's okay.
- Shannon Grove
Legislator
To all documents and communications related to efforts to recoup UI claims paid improperly and all documents and communications related to identifying the total number of improperly paid UI benefits.
- Toni Atkins
Person
That's my job.
- Shannon Grove
Legislator
Some of the comments min the letter also identify the 133 death row inmates that were receiving over $500,000 in benefits, state CDCR inmates that received $140,000,000 worth of benefits, and a large over billions they estimate went to transnational criminal groups that used for money for nefarious purposes to harm democracy.
- Shannon Grove
Legislator
Obviously, outside gain, outside transnational.
- Shannon Grove
Legislator
Bigger than we ever think about in California.
- Shannon Grove
Legislator
Are you ready for this? Have you got all this together? So I did receive the letter for a friend.
- Nancy Farias
Person
I did receive the letter.
- Nancy Farias
Person
We are analyzing and looking at what we can provide and we will respond as appropriate for sure.
- Shannon Grove
Legislator
Thank you, ma'am, very much.
- Shannon Grove
Legislator
Thank you.
- Toni Atkins
Person
Senator Laird.
- Toni Atkins
Person
Yes.
- Toni Atkins
Person
On the mic.
- John Laird
Legislator
Yes.
- Toni Atkins
Person
Not to Senator Grove.
- Toni Atkins
Person
On the mic? No.
- John Laird
Legislator
I'll make it to the Mic through the chair, to the committee.
- John Laird
Legislator
And I would just like to note that that letter came from the House of Representatives three or four days after it flipped, partisan wise.
- John Laird
Legislator
And we heard earlier in this hearing that there was fraud in all 50 states, but that letter was just sent to three large Democratic states with Democratic governors and not to the other 47 where fraud might have happened.
- John Laird
Legislator
And I'm just noting that flora the.
- Toni Atkins
Person
Record, I think both we're going to move on and I'm going to leave that on the table because I know that people will.
- Toni Atkins
Person
I think the comments of the Vice chair are noted I think we'll see how things go.
- Toni Atkins
Person
But it's clear to me that the people on this committee believe you are doing an incredible job to help right a situation that has vexed us all regardless of our political persuasion, our constituents.
- Toni Atkins
Person
Haney really paid the price for this pandemic in ways that we could have never been prepared for.
- Toni Atkins
Person
But we do have to figure out how we are going to move forward.
- Toni Atkins
Person
And I know that my colleagues seem to agree have been really impressed with your forthrightness and your seriousness to the job at hand.
- Toni Atkins
Person
So I'll let my colleagues questions and comments stand because we represent different constituencies and so that just is what it is.
- Toni Atkins
Person
I appreciate the answers to the questions.
- Toni Atkins
Person
I'm always pleased to hear and go last because my colleagues hit the issues.
- Toni Atkins
Person
And so I will just underscore I don't have a question because colleagues ask those questions.
- Toni Atkins
Person
I do want to underscore my concern about any upgrades in technology from a state this size.
- Toni Atkins
Person
Every endeavor we have undertaken has proven more problematic and more complicated than we thought.
- Toni Atkins
Person
What I do get a sense is you have dived into this, given your past different experiences, one would not have necessarily thought you would be prepared to dive into this quagmire of difficulty.
- Toni Atkins
Person
But I'm going to trust that as we look at how to transition in a new system, there will be issues, there will be concerns, it never goes easy or well.
- Toni Atkins
Person
And if you and your leadership do not have your fingers in this pie as these procurements are done, as the work is done with those experts that help figure out what that system is going to look like, I am clearly not technologically able to comment on any of that, but I worry about it.
- Toni Atkins
Person
And then secondly, your comment earlier about people who are scam artists, figure out ways through around that is going to continue to be an issue for us.
- Toni Atkins
Person
We get hackers, we get scam artists.
- Toni Atkins
Person
So I just appreciate your diligence and understanding that those things concern us, the technology and the upgrades we need to do it.
- Toni Atkins
Person
But then it's just hard when you're in it.
- Toni Atkins
Person
So appreciate your continued diligence.
- Toni Atkins
Person
I agree with my colleagues here to the left, both of them, that you would agree to do this job.
- Toni Atkins
Person
Jones of probably the most difficult jobs in the state and our next appointee will be talking about another difficult job to do and I appreciate that you're willing to do it.
- Toni Atkins
Person
I'm also concerned about I knew that Senator Laird was going to ask you about 390 and the plan because the recession that happened a decade ago, we were ill prepared for that and that was what, half a billion dollars versus or half a million claims.
- Toni Atkins
Person
I forget the numbers, but it was a lot less, a lot less than what we're faced now and the pandemic.
- Toni Atkins
Person
My first question and then he went on.
- Toni Atkins
Person
And you went on to talk about a pandemic is very different than a recession where we didn't have the time to ramp up.
- Toni Atkins
Person
It just was.
- Toni Atkins
Person
So I appreciate all of your serious and thoughtful answers to these questions.
- Toni Atkins
Person
Take that back to your team.
- Toni Atkins
Person
I know that we still have claims that are being resolved the longer term.
- Toni Atkins
Person
Jones where there were complications.
- Toni Atkins
Person
I also know that we were in a dilemma of pushing claims to be done quickly because people had no money.
- Toni Atkins
Person
Our constituents needed the support.
- Toni Atkins
Person
And so that balancing act of getting stuff out quickly versus the oversight and the due diligence, we aye always going to be balancing that when we're dealing with people's lives.
- Toni Atkins
Person
And so I hope we can recoup more.
- Toni Atkins
Person
I hope people have to pay the penalty for for taking money that belongs to employers and employees.
- Toni Atkins
Person
So I just want to say thank you very much.
- Toni Atkins
Person
We obviously believe in you, otherwise you would get and I see that Senator Chobogue wants to comment.
- Toni Atkins
Person
Yes, please see how important this is.
- Toni Atkins
Person
If I talk too much longer, we're going to have ten more questions.
- Toni Atkins
Person
I'll stop, I promise you.
- Toni Atkins
Person
Senator, go ahead.
- Rosilicie Ochoa Bogh
Legislator
Just one hart question.
- Rosilicie Ochoa Bogh
Legislator
It has to do with the recovery of the funds that you folks are working with that were fraudulently paid.
- Rosilicie Ochoa Bogh
Legislator
Jones that automatically go into paying the UI? No,
- Nancy Farias
Person
because it's federal money.
- Nancy Farias
Person
So it goes back to the federal government.
- Nancy Farias
Person
Most of it is pua.
- Nancy Farias
Person
So again, the deficit is not necessarily because of the fraud.
- Nancy Farias
Person
It's not because of the fraud.
- Nancy Farias
Person
It's because we paid out UI benefits, state UI benefits.
- Nancy Farias
Person
The Pooh was a completely different program.
- Toni Atkins
Person
Say what poo means.
- Nancy Farias
Person
Sorry.
- Nancy Farias
Person
It's the pandemic unemployment assistance.
- Nancy Farias
Person
So it was the federal programs, and there were several different programs.
- Nancy Farias
Person
There was several different programs, but that was the money that basically came from the federal government to help people that didn't have an employer.
- Nancy Farias
Person
Generally speaking, they were like the self employed.
- Nancy Farias
Person
And that's where a majority of the fraud was from because, again.
- Toni Atkins
Person
There were.
- Nancy Farias
Person
No checks because basically the Feds just gave us the money and said, distribute this.
- Nancy Farias
Person
All you had to do is apply for the most part.
- Nancy Farias
Person
And then that changed over time.
- Nancy Farias
Person
The backdating was a big deal.
- Nancy Farias
Person
Min, California, was the first state to say, we think back dating is a problem.
- Nancy Farias
Person
And then the Fed said, oh, yeah, you shouldn't backdate anymore after we did that, but it does not pay down the UI debt.
- Rosilicie Ochoa Bogh
Legislator
Okay.
- Rosilicie Ochoa Bogh
Legislator
I said one question.
- Toni Atkins
Person
That's okay, Senator.
- Nancy Farias
Person
Go ahead.
- Rosilicie Ochoa Bogh
Legislator
I'm trying to understand.
- Rosilicie Ochoa Bogh
Legislator
So I have in my notes here that essentially every state except for New York paid down their debt using federal funds.
- Nancy Farias
Person
That may be true.
- Nancy Farias
Person
I'm not sure.
- Rosilicie Ochoa Bogh
Legislator
Okay, so my question was just going to be a follow up.
- Rosilicie Ochoa Bogh
Legislator
If other states, except for New York were able to do that with this federal funding, is there a reason why we in California did not do that.
- Nancy Farias
Person
I believe that what you're talking about is money that they got from the federal government.
- Nancy Farias
Person
And it's my understanding that we used it for different purposes during the Pandemic.
- Rosilicie Ochoa Bogh
Legislator
What purposes would that be? I
- Nancy Farias
Person
could probably get you a list, but I'm imagining it was to help support people and businesses that were closed and things like that.
- Rosilicie Ochoa Bogh
Legislator
Okay.
- Shannon Grove
Legislator
Allen right.
- Rosilicie Ochoa Bogh
Legislator
We might have follow up questions.
- Nancy Farias
Person
Yeah, that would be fine.
- Toni Atkins
Person
And those questions may be further than just edd.
- Toni Atkins
Person
It might be schools, it might be any number of things.
- Toni Atkins
Person
But I'm sure we can ask and receive the list or either it'll come up through the budget process, but that question can be answered.
- Nancy Farias
Person
Yes.
- Nancy Farias
Person
Finance.
- Toni Atkins
Person
Finance.
- Toni Atkins
Person
Department of Finance.
- Toni Atkins
Person
Thank you.
- Toni Atkins
Person
Okay.
- Toni Atkins
Person
We are now fong to turn to Members of the public.
- Toni Atkins
Person
And again I am going to say name organization of any and just support or opposition.
- Toni Atkins
Person
When we get to that category.
- Toni Atkins
Person
And I realize we talk more up here, but it is our job to confirm the appointee.
- Toni Atkins
Person
And so we're not like other committees where we haney lots of dialogue.
- Toni Atkins
Person
So it's just your support and it's good to know if you are here in support or opposition.
- Toni Atkins
Person
So I'm fong to move to Members of the public.
- Toni Atkins
Person
We will start with those who are here present physically and in support.
- Toni Atkins
Person
And as I speak, I know that our incredible staff are going to put back up that toll free number and the access code so that Members of the public who are waiting also on our website 877-226-8163, access code 289-7482.
- Toni Atkins
Person
And with that, I will ask Members of the public to step forward.
- Toni Atkins
Person
If you're here to speak min support, we have a mic right here, right with the screen.
- Toni Atkins
Person
Your name, your organization if any, and your position.
- John Laird
Legislator
Good afternoon, Madam Pro TEM.
- John Laird
Legislator
Senators, Terry Brennan with SCIU California and strong support. Thank you.
- John Laird
Legislator
Known her a long time.
- John Laird
Legislator
Appreciate it.
- Toni Atkins
Person
Perfect.
- Toni Atkins
Person
Thank you so much.
- Toni Atkins
Person
Next witness.
- Unidentified Speaker
Person
Madam Protem and Members.
- Unidentified Speaker
Person
Ted Toppin, here for the professional engineers in California government and the association of California State Supervisors.
- Unidentified Speaker
Person
In strong support of Ms..
- Unidentified Speaker
Person
Ferris's.
- Unidentified Speaker
Person
Confirmation to EDT Director.
- Unidentified Speaker
Person
Thank you.
- Toni Atkins
Person
Thank you so much.
- Toni Atkins
Person
Next witness, please.
- John Laird
Legislator
Thank you, madam.
- Unidentified Speaker
Person
Pro TEM Members and staff.
- Unidentified Speaker
Person
Mitch Steiger with the California Labor Federation here in strong support of the reappointment of Director Ferris.
- Unidentified Speaker
Person
She's done a great job through her time in the labor movement and in her current position.
- Unidentified Speaker
Person
We strongly urge a reappointment.
- Toni Atkins
Person
Thank you so much.
- Nancy Farias
Person
Thank you.
- Toni Atkins
Person
Next witness.
- Unidentified Speaker
Person
Good afternoon, Madam Pro TEM Members and staff.
- Unidentified Speaker
Person
My name is Daniel Shirley, legislative Advocate with SCIU Local 1000 here min strong support on behalf of our Members and edd staff.
- Unidentified Speaker
Person
Thank you.
- Toni Atkins
Person
Thank you so much.
- Toni Atkins
Person
Next witness, please.
- John Laird
Legislator
Good afternoon, Madam Chair.
- Unidentified Speaker
Person
Members.
- Unidentified Speaker
Person
Tim Kremlin's, International Union of Operating Engineers.
- Unidentified Speaker
Person
Haney, of course, is a great choice and has known her for a long time also.
- John Laird
Legislator
But thank you very much.
- Toni Atkins
Person
Thank you so much others in support.
- Toni Atkins
Person
And to all of you, thank you so much for your brevity.
- Toni Atkins
Person
I do appreciate it.
- Toni Atkins
Person
We will now go to our moderator and welcome the moderator for the teleconference, for those who are in support.
- Toni Atkins
Person
So if you would please prompt individuals waiting to speak Min Support and Chen, maybe give me the number if you aye able to.
- Toni Atkins
Person
Moderator of those wishing to speak in support.
- Unidentified Speaker
Person
Thank you, Madam Pro TEM.
- Unidentified Speaker
Person
For those who wish to speak Min Support, please press one, then zero.
- Unidentified Speaker
Person
Only once, press one, chen zero.
- Unidentified Speaker
Person
And at and T operator will provide you with further instructions.
- Unidentified Speaker
Person
And we have several people who signaled they wish to speak.
- Toni Atkins
Person
Mr. Moderator, do you know how many people or we have? Three.
- Toni Atkins
Person
Three.
- Toni Atkins
Person
Perfect.
- Toni Atkins
Person
Thank you so much.
- Toni Atkins
Person
And again, to those speaking, your name, your organization, if any, and your position of support only, go ahead, Mr. Moderator.
- Unidentified Speaker
Person
We're going to start with line 21.
- Unidentified Speaker
Person
Line 21, your line is now open.
- Unidentified Speaker
Person
We're going to move on to line 18.
- Toni Atkins
Person
Hello, welcome.
- Toni Atkins
Person
Go ahead.
- John Laird
Legislator
My name is Tommy Lewis.
- John Laird
Legislator
I'm a hope and redemption team life coach with the Anti Recidivism Coalition.
- John Laird
Legislator
And I strongly support Mr. Ashley's position.
- Toni Atkins
Person
Thank you, and we will note that for the next appointment go ahead, Mr. Moderator.
- Toni Atkins
Person
With the next person for the Edd position with Ms..
- Toni Atkins
Person
Farius, we're going to.
- Unidentified Speaker
Person
Go on to line 14.
- Unidentified Speaker
Person
Line 14, your line is now open.
- Unidentified Speaker
Person
Okay, Madam Pro TEM, it appears that we have no one else to speak in support.
- Toni Atkins
Person
Thank you so much to our moderator.
- Toni Atkins
Person
We'll be back with you in a moment or so.
- Toni Atkins
Person
So having given the opportunity for those to call in support, we will now grove to witnesses who may be in opposition here in room 2200.
- Toni Atkins
Person
Let me see if anyone is approaching the microphone.
- Toni Atkins
Person
I see no one approaching the microphone.
- Toni Atkins
Person
So, Mr. Moderator, we're going to come back to you.
- Toni Atkins
Person
For those who may be calling in opposition, if you want to tee those caballero up.
- Unidentified Speaker
Person
For anyone who wishes to speak min opposition, please press one, then zero.
- Unidentified Speaker
Person
Madam Pro TEM, it appears that no one has signaled that they wish to speak.
- Toni Atkins
Person
Thank you so much, and we will talk with you a little later in the hearing.
- Toni Atkins
Person
I'm going to bring it back to Members of this committee.
- Toni Atkins
Person
Senator Laird.
- John Laird
Legislator
Madam Chair, I would move the confirmation of Nancy Ferriss as Director of the Edd Department.
- Toni Atkins
Person
Senator, thank you so much.
- Toni Atkins
Person
Madam Secretary, we call the role Laird aye.
- Toni Atkins
Person
Laird.
- Toni Atkins
Person
I Ochoa Bog.
- Toni Atkins
Person
Ochoa Bogh.
- Toni Atkins
Person
I smallwood clevis.
- Shannon Grove
Legislator
Aye.
- Toni Atkins
Person
Smallwood Clevis.
- Toni Atkins
Person
Aye.
- Toni Atkins
Person
Grove.
- Shannon Grove
Legislator
I Atkins.
- Shannon Grove
Legislator
Aye Grove.
- Toni Atkins
Person
Aye.
- Toni Atkins
Person
Atkins.
- Toni Atkins
Person
Five to zero.
- Toni Atkins
Person
Congratulations.
- Toni Atkins
Person
We will move this onto the Senate floor for full confirmation.
- Toni Atkins
Person
And obviously, you have been given good support from all Members of this committee, and we really thank you for your diligence.
- Toni Atkins
Person
I think you know how important this is this role.
- Toni Atkins
Person
And we appreciate your service.
- Nancy Farias
Person
Thank you so much.
- Toni Atkins
Person
You're welcome.
- Toni Atkins
Person
We think those are tears of joy for the physician.
- Nancy Farias
Person
Thank you so much.
- Toni Atkins
Person
Wow.
- Toni Atkins
Person
Thank you.
- Toni Atkins
Person
Lee Me.
- Toni Atkins
Person
Look to our court reporter.
- Toni Atkins
Person
We will take a few minutes.
- Toni Atkins
Person
We will take five minutes and then be right back, ready to go.
- Toni Atkins
Person
And we thank you for your patience.
- Toni Atkins
Person
I am inviting Mr. Ashley forward as we come back to order.
- Toni Atkins
Person
We will now move to item one B, and that that is the appointment of Mr. Matthew B.
- Toni Atkins
Person
Achley.
- Toni Atkins
Person
And you need to tell me if I've said your name fong because I don't like to get it wrong.
- Toni Atkins
Person
As the Associate Director of high Security mail institutions at the Department of Corrections and Rehabilitation, I want to welcome you.
- Toni Atkins
Person
I want to thank you, Flora, your patience and invite you to introduce yourself, acknowledge anyone you would like to acknowledge and then make opening comments if you would like.
- Toni Atkins
Person
And then, as you saw before, we'll go right to Members of this committee for comments and questions.
- Mathew Atchley
Person
Sounds good. Thank you very much. Good afternoon, Madam Chair.
- Toni Atkins
Person
Welcome.
- Toni Atkins
Person
See if you can pull that closer.
- Toni Atkins
Person
I think it's on, is it not? Coming close to you?
- Mathew Atchley
Person
I can scoot over.
- Mathew Atchley
Person
How's that? There
- Mathew Atchley
Person
There we go.
- Toni Atkins
Person
you go.
- Toni Atkins
Person
Thank you.
- Mathew Atchley
Person
Improvise. Good afternoon, Madam Chair and Members of the committee.
- Mathew Atchley
Person
My name is Matthew Atchleyy and I'd like to thank you for the opportunity to speak with you today. I have over 20 years within the Department of Corrections and Rehabilitation. A majority of my experience has been within the custody ranks in a high security institution serving the mission of public safety.
- Mathew Atchley
Person
As a former warden of Salinas Valley State Prison, I have a very clear understanding and respect for safety and security both inside and outside the institution.
- Mathew Atchley
Person
I also understand the challenges that staff and incarcerated within those mission or within those institutions face on a daily basis. I'm a firm believer in challenging the process at all levels.
- Mathew Atchley
Person
I do this in an effort to continually improve myself, my environment and the people around me. I've traveled to prisons in other states and other countries in an effort to gain a different perspective and understanding of how we incarcerate.
- Mathew Atchley
Person
I believe that anything that can be accomplished at a lower level of institution can also be accomplished in a high security institution. It's more challenging, but the rewards are far greater and the impact is greater.
- Mathew Atchley
Person
My most successful programs have always been within high security environments overcoming these challenges. I believe that my success is due to my focus on people. I'd like to thank my family, friends, my team and colleagues for their support. And I'd like to thank you all again for your opportunity.
- Toni Atkins
Person
Thank you.
- Toni Atkins
Person
And before I go to Members, this is obviously your family behind you.
- Mathew Atchley
Person
It is.
- Toni Atkins
Person
This is their five minutes of fame.
- Toni Atkins
Person
Feel free to introduce them.
- Mathew Atchley
Person
I have my wife, Tanil, my lovely stepdaughter Leah.
- Mathew Atchley
Person
I have Tammy Foss.
- Mathew Atchley
Person
She's the Director of CCHCS.
- Mathew Atchley
Person
And I have Sarah Larson.
- Toni Atkins
Person
Thank you and welcome to all of you.
- Toni Atkins
Person
Senator Laird, I'm going to start with you this time.
- John Laird
Legislator
Thank you very much.
- John Laird
Legislator
Actually.
- John Laird
Legislator
Thanks.
- John Laird
Legislator
Flora, your wife not startling when you were being married off to somebody else.
- Mathew Atchley
Person
During the last.
- Shannon Grove
Legislator
For the record.
- Shannon Grove
Legislator
That wasn't a mistake.
- Shannon Grove
Legislator
I do apologize.
- John Laird
Legislator
I didn't name who had done it, for the record, but thank you for your willingness to serve.
- John Laird
Legislator
And I drove by Salinas Allen in the dark min the Heavy rain twice this weekend.
- John Laird
Legislator
And there are times when I go by really I don't know what it is.
- John Laird
Legislator
Four in the morning, five in the morning, and there's a traffic jam at the exit.
- John Laird
Legislator
And it's clear to me there's a shift change, and it's just a real tribute to how it's a 24/7 institution and low people staff it up from the region.
- John Laird
Legislator
I think you were very patient, and rather than going at length, I will ask you about one thing, and I appreciate your comments in your statement and other things, and that's about prison closure and just what's the progress on that? How do you mitigate some of the issues? We had a very hot issue two years ago because I think the Director was coming for confirmation the day after a closure was announced, and it was a pretty tense hearing.
- John Laird
Legislator
And I think now that we're out of the pressure of a moment like that, what are some of the considerations? How do you mitigate it and how do you deal with the fact that you could theoretically spread it over a number of institutions and not close anything, but then that would cost more? How do you deal with the balance of sort of deciding how to allocate resources close and mitigate? That's
- Mathew Atchley
Person
an excellent question.
- Mathew Atchley
Person
My purview isn't necessarily about the actual implementation of the closures.
- Mathew Atchley
Person
However, I do have prisons that are affected.
- Mathew Atchley
Person
I actually have one that is being closed, and that's CAC that's in the mojave.
- Mathew Atchley
Person
And I also have a few institutions that do have portions of it that being closed.
- Mathew Atchley
Person
For me, my approach to this and again, I bring it back to people, these are people who work and live in the communities. The communities surrounding the institutions are greatly affected as well.
- Mathew Atchley
Person
So you have to take great caution when doing this. And it's not something that anyone takes lightly. It's a fong drawn out process to ensure that everybody who's working in those institutions has a place.
- Mathew Atchley
Person
Once those are closed and has employment. It's very important working with those, not just the people. I'll say this, it isn't just the employees in the community. It's also the incarcerated as well who aye inside that institution and their families that visit on the outside who are also Members of the community.
- Mathew Atchley
Person
So it's very far reaching.
- Mathew Atchley
Person
It's a very thought out process for me and my interaction.
- Mathew Atchley
Person
It's getting out and walking and talking with everybody and assuring them that we're going to do everything we can to help you through this process.
- John Laird
Legislator
Okay, thank you and I appreciate it. And I think there's enough for each of us.
- John Laird
Legislator
So I will leave some of these questions to my colleagues, and I appreciate your willingness to serve.
- Mathew Atchley
Person
Thank you.
- Toni Atkins
Person
Thank you.
- Toni Atkins
Person
Senator Laird.
- Toni Atkins
Person
Madam Vice Chair.
- Shannon Grove
Legislator
Go ahead.
- Shannon Grove
Legislator
Thank you, Madam Pretem.
- Shannon Grove
Legislator
Good afternoon.
- Mathew Atchley
Person
Good afternoon.
- Shannon Grove
Legislator
Thank you.
- Shannon Grove
Legislator
I did have a question on closures.
- Shannon Grove
Legislator
The Mojave facility is in my district.
- Shannon Grove
Legislator
The two portion closures are in my district.
- Shannon Grove
Legislator
Again, my chronic complaint is my district is disproportionately affected by policies made.
- Shannon Grove
Legislator
I do appreciate your comments.
- Shannon Grove
Legislator
I really do, even though that it's not in your purview and that's not what your job is relatively for. But I appreciate the fact that you understand that it not only affects the prison itself or the facility itself, but it also affects the community.
- Shannon Grove
Legislator
Tatchee Mojave, they'll be greatly impacted by these closures and also the people that live in that area that are now going to be driving to, I don't know, Pelican Bay or someplace else.
- Shannon Grove
Legislator
And low do family Members have visitation when their inmate family member is 6 hours away? So I appreciate your well rounded comments on that. That really touched my heart and I really do appreciate it.
- Shannon Grove
Legislator
Since my colleague, the former Secretary of Natural Resources, asked you that closure question, I have just one question that I'll ask you.
- Shannon Grove
Legislator
Your background is extensive.
- Shannon Grove
Legislator
I read everything about you. I think you're more than qualified to do this job. I think you provide a fair and balanced approach to decisions that Aye made. I remember last time that we confirmed somebody in this position.
- Shannon Grove
Legislator
My other colleague from Low Angeles was on this board and she kind of beat around the bush about inmate security and how you would put someone in a cell with a sadistic killer where there was a catastrophic event that took place.
- Shannon Grove
Legislator
When I believe that people should serve their time for crimes they commit against humanity, but they also need to serve it in a safe environment where hopefully they can be better when they get out.
- Shannon Grove
Legislator
With programs, wraparound services, things like that.
- Shannon Grove
Legislator
They can be better when they get out, be more productive Members of society.
- Shannon Grove
Legislator
So having said that, there have been concerns raised by the OIG and others in staff about misconduct that's rooted and entrenched in culture and indifference of indifference or hostility towards people min prison.
- Shannon Grove
Legislator
And that runs counter to CDCR's policies and their goals and their mission to provide a safe and humane environment.
- Shannon Grove
Legislator
Like I said, I think if you commit a crime and you're convicted, you should serve the time because you commit a crime against humanity.
- Shannon Grove
Legislator
But I think that should be served in a safe, humane way.
- Shannon Grove
Legislator
There are incidences and we do re reports where things happen.
- Shannon Grove
Legislator
And I realize that you're in a system or oversee a system that there's different factions, different gangs, different territories, all of those things that you have to deal with or the CDCR guards have to deal with.
- Shannon Grove
Legislator
What strategies do you intend to employ or have you employed to monitor and intervene in issues related to staff culture, min prisons that you oversee and make sure that those serving their time are in a safe, secure environment?
- Mathew Atchley
Person
That's an excellent question.
- Mathew Atchley
Person
It's actually something I'm very passionate about and it's based on my experience and working in those environments for over two decades.
- Mathew Atchley
Person
It's traumatic in prison for everyone who's in prison. Not just the staff members or visitors or anyone, it's the incarcerated as well.
- Mathew Atchley
Person
So for me, getting to that place, and you mentioned policy, it's very important having policy and oversight and clear direction as far as what it is that we're doing, obviously we have to haney that, but something that policy is missing is a pulse, a human element.
- Mathew Atchley
Person
That's one of the things that throughout my career, it's led me to where I am and I'm trying my best to get there.
- Mathew Atchley
Person
I'm kind of excited about this, frankly.
- Mathew Atchley
Person
So when I started the Department, I started later on in life, I was around 32 years old.
- Mathew Atchley
Person
I came from the trades, actually.
- Mathew Atchley
Person
So I had a different perspective going into this with more of a customer service aspect, so to speak. And that's just based on where I came from at the time. The Department was very policy based and we had a different way of incarcerating back in those times. Fast forward.
- Mathew Atchley
Person
In my first experience as a manager, I was a captain on a facility and it was a level 4180 facility that is a maximum security that's the highest level of custody that we have.
- Mathew Atchley
Person
It was a relatively programming facility and people for the most part got along. And one day I had to hang up a poster.
- Mathew Atchley
Person
This poster was about vocational programs and things like that and things that back min a certain time went away from high security institutions.
- Mathew Atchley
Person
So as I'm hanging this poster up, some of my members of my population came up and said, this is really neat, when are we getting it? You're not.
- Mathew Atchley
Person
So it doesn't necessarily apply in this yet.
- Mathew Atchley
Person
It's not here. And that moment and seeing a little bit of disappointment resonated with me. And I thought, you know what, I need to do something here.
- Mathew Atchley
Person
What can I do? I know we've all seen and heard of dog programs in institutions. They're awesome. They are absolutely an amazing way to get people to get along that normally wouldn't.
- Mathew Atchley
Person
At that time there were none. There were none in high security. There were only two in the state and they were in firehouses. And I thought, I'm going to bring dogs onto the yard. I'll try and cut my story short.
- Mathew Atchley
Person
It actually took three years to do this and it took a lot of dedication and help from staff Members who believed a vision.
- Mathew Atchley
Person
Despite the fact that we're in a high security environment, you don't do things like that here. And it also took a population who is entrenched in gang activity and criminal activity to step away from that for a minute.
- Mathew Atchley
Person
Flora, something good and that was a group of dedicated incarcerated veterans at the time.
- Mathew Atchley
Person
And if you want to get a program done, you bring them into it and they'll make it happen. Long story short, I got to see that actually come to fruition. There are more now in my mission, and I'm proud to say that there's a lot of hardworking people who have brought similar things out there.
- Mathew Atchley
Person
But seeing that happen and sitting in an environment where maybe ten years ago I've had a violent incident in this very room, and now I'm watching people come across gang lines or anything else to put their arms around each other and congratulate each other.
- Mathew Atchley
Person
That resonated. So Chen, it comes to safety and policy, and that you're right.
- Mathew Atchley
Person
There's static security, guns, fences, Portantino wire and all that, and then there's dynamic security and that's actually get out and interacting with people, knowing your population, caring about people, and being human about it.
- Mathew Atchley
Person
So that's my approach.
- Shannon Grove
Legislator
Thank you, sir.
- Shannon Grove
Legislator
I appreciate your last statement, being human about it, adding that human aspect, and I appreciate what you've done.
- Shannon Grove
Legislator
I think that the things that you do and the things that you've implemented, even a high security situation, it creates a safer environment for everyone, including the individuals that are housed there, the people that work there, the people that visit there.
- Shannon Grove
Legislator
And I really do ting that treating people humane, whether you agree with them or disagree with them or in this situation that a crime has been committed that they're serving a sentence for, you can still be humane in this whole situation.
- Shannon Grove
Legislator
And so everything that I read about you and pulled up on the Internet and everything showed me that you had a really good heart about serving not just authoritatively over a population, but engaging with the population to make sure that if you can break down some of those barriers like you have, it cervantes a safer environment.
- Shannon Grove
Legislator
And instead of having hostilities so many maybe they still happen, but so many hostilities within the system, within the walls of the system, that makes it better.
- Shannon Grove
Legislator
And I think time probably passes a little bit faster for some people, too. It's not Disneyland, and I get that it's not what we're asking.
- Shannon Grove
Legislator
But I think that humane systems in place and programs that allow people to make a change in their own life is something that benefits everyone in the system that works there or is housed there.
- Shannon Grove
Legislator
I did have one question.
- Shannon Grove
Legislator
There's data out there that shows one more question. My last question. Is there's data out there shows that correctional officers have a high degree of mental health issues? There's mental health issues, and I get it.
- Shannon Grove
Legislator
I've heard stories. I've met with some.
- Shannon Grove
Legislator
They're walking down, they get feces thrown on them, whatever.
- Shannon Grove
Legislator
Maybe not in your facility, but in some of the facilities that I visited.
- Shannon Grove
Legislator
And they've taken me around.
- Shannon Grove
Legislator
And you can see the tensions in these facilities.
- Shannon Grove
Legislator
You can see the separations.
- Shannon Grove
Legislator
What some of the things that you guys are doing to continue to make sure that the people who work there are supported, they're law enforcement.
- Shannon Grove
Legislator
Let's just say that.
- Shannon Grove
Legislator
And this is not a dig on.
- Shannon Grove
Legislator
I support law enforcement 100%, but sometimes our law enforcement, Aye, the ones that are tougher than nails and they're not as easy to bring to supportive services as somebody else that has a different type of occupation, because these are the guys.
- Shannon Grove
Legislator
They're tougher than nails.
- Shannon Grove
Legislator
I know that.
- Shannon Grove
Legislator
We had just a brief story.
- Shannon Grove
Legislator
We had a SWAT team officer that was killed.
- Shannon Grove
Legislator
A sheriff's officer and his SWAT team members really needed that mental health counseling, but it was hard for us to get them to go seek services.
- Shannon Grove
Legislator
So I feel like CDCR guards are like the same.
- Shannon Grove
Legislator
They have that tougher than nails thing.
- Shannon Grove
Legislator
How aye you going to ensure that the people that need those services and mental health get those services and mental health that work for these institutions, especially in the high profile facility that you have?
- Mathew Atchley
Person
That is an excellent question, and you're absolutely right.
- Mathew Atchley
Person
There are definitely challenges with this job.
- Mathew Atchley
Person
Having been through this and knowing everyone, what's a good way to put this? I've shared experiences with those officers.
- Mathew Atchley
Person
I don't know about mental health aspects, but I will say that and I think everybody's seen statistics on law enforcement in regards to higher suicide rates, substance abuse, divorce rates and things like that.
- Mathew Atchley
Person
It absolutely is prevalent. It's a very difficult place to work. I've worked there, so I bring that experience to the institutions that I manage and oversee.
- Mathew Atchley
Person
And I think that most of the time it's just somebody who has shared those experience, telling them that it's okay. It's okay to get help, it's okay to have this affect you.
- Mathew Atchley
Person
That's one of my main approaches to what it is that I'm doing is focusing on staff well being.
- Mathew Atchley
Person
It's absolutely imperative.
- Mathew Atchley
Person
When I went back to Salinas Valley State Prison as an associate warden, ultimately ended up being the warden there.
- Mathew Atchley
Person
I left there to a low level institution, and there's a little bit of a relief.
- Mathew Atchley
Person
You're not constantly on that edge of being in that environment, but it's something that I missed.
- Mathew Atchley
Person
You have some incredibly hardworking people in there and on both sides, everybody who is dedicated to rehabilitation and getting to a better place, it is tougher in those environments.
- Mathew Atchley
Person
So when I went up there feeling everything that I felt, seeing what I saw, I wanted to improve that for my staff.
- Mathew Atchley
Person
On a daily Bains, we send people out of the institution for various violent instances.
- Mathew Atchley
Person
You talked about gassing.
- Mathew Atchley
Person
It happens.
- Mathew Atchley
Person
It absolutely happens.
- Mathew Atchley
Person
It happened to me as a warden at Salinas Valley State Prison.
- Mathew Atchley
Person
And that's just walking down a tier, trying to ask everybody how their day was.
- Mathew Atchley
Person
I can't control everybody's mood or environment or what it is that they're doing, but I can control how I react to it. And I also model the way for my staff, and I show them the proper way to act to it.
- Mathew Atchley
Person
So one of the things on the current path that I'm on, I had a chance to go to Norway, and I started down a path a few years before that, but ended up with the group going there and seeing how they operate.
- Mathew Atchley
Person
There was a group of about 30 of us, and we looked at various institutions.
- Mathew Atchley
Person
Holden we've all seen that.
- Mathew Atchley
Person
Jones at least probably on TV.
- Mathew Atchley
Person
It looks apparently like maybe a college campus, but it isn't.
- Mathew Atchley
Person
It's every bit of a prison.
- Mathew Atchley
Person
One of the things that I saw there was something called the resource team, and it was very similar to the situations that my officers faced at Salinas Valley at the time, dealing with very acute mental health patients who are in restricted housing.
- Mathew Atchley
Person
And their approach is, even though you're dealing with a population that has a high propensity to violence, they have very hard time interacting with anyone.
- Mathew Atchley
Person
This team, it's a very small team, developed a process of how to interact with that population and bring them out.
- Mathew Atchley
Person
Now, as a result, what their focus was in this was staff well being.
- Mathew Atchley
Person
You feel better about yourself at the end of the day when you're fong the right thing.
- Mathew Atchley
Person
If you're just coming in and reacting to violent incidents, that's when you get into those situations where it's kind of tough to deal with on a mental health level.
- Mathew Atchley
Person
But chen you're coming in and you're helping someone, you're actually helping develop and get a person to a point of rehabilitation.
- Mathew Atchley
Person
It changes you as a person.
- Mathew Atchley
Person
I was able to bring this back to Salinas Valley, and I had a group of people, very dedicated officers who were there who believed and shared my vision, and they actually are implementing this at Salinas.
- Mathew Atchley
Person
Allen and I'd like to invite any of you there who want to come see this take place.
- Mathew Atchley
Person
It's very amazing.
- Mathew Atchley
Person
I've never seen it before at a high security institution, but they were able to do it.
- Mathew Atchley
Person
But again, the focus on this is staff well being and making sure that and I know when I was a warden and how I feel about my institutions, I treat everyone in the institution the same what I do for the inmate population.
- Mathew Atchley
Person
I try and do something as good or better for my staff or vice versa.
- Mathew Atchley
Person
And it's just a way of balancing things out.
- Shannon Grove
Legislator
Thank you very much.
- Shannon Grove
Legislator
I really appreciate you answering those questions, and I look forward to your confirmation.
- Shannon Grove
Legislator
Your background obviously qualifies you, your background, but the way you handle situations makes you doubly qualified.
- Shannon Grove
Legislator
So thank you.
- Mathew Atchley
Person
Thank you.
- Toni Atkins
Person
Thank you very much.
- Toni Atkins
Person
Senator Ochoa Bogh.
- Rosilicie Ochoa Bogh
Legislator
Thank you. Good afternoon. Good afternoon and welcome.
- Rosilicie Ochoa Bogh
Legislator
So let me just begin by stating that I've had the honor to serve on Public Safety here in the Senate.
- Rosilicie Ochoa Bogh
Legislator
And it's been quite a learning experience for me to learn about a subject matter that was very new to me.
- Rosilicie Ochoa Bogh
Legislator
But I've become very what's the word? Very passionate, but very interested in the well being of both our officers that serve in the capacity, such as yourself, as well as the inmates who are serving their time.
- Rosilicie Ochoa Bogh
Legislator
And for the very first time I had the opportunity to visit a prison, which I had never had until this past fall and was able to attend a little forum in Lancaster.
- Rosilicie Ochoa Bogh
Legislator
And it was an aye opening experience for me to sit down and have a conversation, hear from the inmates and from the officers that were serving in that facility, as well as seeing the dog program, the dog training program that they had there, which those inmates weber just so moved and encouraged by that program.
- Rosilicie Ochoa Bogh
Legislator
So I am a firm believer, as Senator Grove mentioned earlier, that we do need to have a system in place that incentivizes, encourages and also protects inmates when they are ready to have that self improvement become a reality for them.
- Rosilicie Ochoa Bogh
Legislator
And I'm not going to talk about all of the questions and discussions, but it was a learning experience for me to hear from the inmates min their perspective as inmates and where they weber in life at that point in time.
- Rosilicie Ochoa Bogh
Legislator
And I look forward to sharing what I learned when it comes time during public safety with regards to policy that impacts both them and our officers min that capacity.
- Rosilicie Ochoa Bogh
Legislator
But in your capacity moving forward, I'm kind of curious because I understand that we do still have instances in which inmates are unsafe.
- Rosilicie Ochoa Bogh
Legislator
And I did understand and I don't know how every facility is designed because I've only had an opportunity to visit one.
- Rosilicie Ochoa Bogh
Legislator
But one of the points that were made to me by some of the inmates was that not every inmate was in the same thought process or psychological, emotional, well being.
- Rosilicie Ochoa Bogh
Legislator
To be all in the same space, to be able to do that self improvement that they needed to have different yards with different capacities of safety so that their lives would not be threatened or they would not be killed for doing those self improvements.
- Rosilicie Ochoa Bogh
Legislator
And I just wanted to hear some of your thought process on the systems you see that are important to make sure that we do have an infrastructure in place that allows for self improvement, that allows for safety on behalf of the inmates, to be able to be compelled to want to continue on that self improvement pathway.
- Mathew Atchley
Person
Thank you for that question.
- Mathew Atchley
Person
And it's a very important jones safety for the population is that's probably, like you said, to get somebody to program it is absolutely a challenge.
- Mathew Atchley
Person
You have to have everybody feel safe.
- Mathew Atchley
Person
There are a lot of different facilities and only so many resources and places for those particular.
- Mathew Atchley
Person
And I'm trying to picture what it is specifically that you were talking about in terms of the program or the facility.
- Rosilicie Ochoa Bogh
Legislator
I apologize.
- Rosilicie Ochoa Bogh
Legislator
So let me clarify a little bit.
- Rosilicie Ochoa Bogh
Legislator
So Lancaster had different yards where they kept prisoners in different yards depending on where they were with their self improvement, where there was academic, emotional skill sets, workforce development that allowed them to be able to do that.
- Rosilicie Ochoa Bogh
Legislator
Because according to one of the inmates and this is him, I'm just quoting him, but he said and he was pointing at making a signal to one of the areas where obviously the guard was located.
- Rosilicie Ochoa Bogh
Legislator
And he says we're not allen in the same place.
- Rosilicie Ochoa Bogh
Legislator
We are not there.
- Rosilicie Ochoa Bogh
Legislator
I could not be doing the work that I'm doing on self improvement if I was there and not here because I would be threatened or I would be killed.
- Rosilicie Ochoa Bogh
Legislator
So with regards to that comment, my question to you is your philosophy, your intent in creating opportunity or spaces where people are motivated to have that self improvement, to garner those skills, whether they're academic or work skills to be able to when and if they exit the system, that they aye prepared to become engaged citizens of their communities.
- Mathew Atchley
Person
Absolutely, I definitely understand.
- Mathew Atchley
Person
And that's a very good question.
- Mathew Atchley
Person
So actually the division of the population within the institutions is typically done by custody level, and that has to do with possibly the violence of the crime that's committed their behavior that's inside the institution, mental health factors also come into play and they're separated and designated for, like you mentioned, treatment, for example.
- Mathew Atchley
Person
If it's an enhanced outpatient facility, that's where the support is for their mental health needs.
- Mathew Atchley
Person
And then there's other factors involved too, that have to do with gangs and politics on certain facilities.
- Mathew Atchley
Person
And those are other ways of division.
- Mathew Atchley
Person
My end goal and where I would like to get to those factors, those are in play right now and they are very serious.
- Mathew Atchley
Person
And we do haney to take precautions to prevent violent acts based on those politics and things like that.
- Mathew Atchley
Person
If I could get to the best place that I could be, it's that we would just have people incarcerated and we didn't have to cross those barriers of gangs and things like that.
- Mathew Atchley
Person
And as I mentioned earlier, there's resources that have to be allocated to certain areas and it's not possible to do those on all of the facilities, if that makes sense.
- Rosilicie Ochoa Bogh
Legislator
Yeah, so if I understand correctly, what you're saying is that these models are not necessarily standard across our state.
- Rosilicie Ochoa Bogh
Legislator
And if I understand correctly, the primary reason would be the lack of resources to be able to implement such programs.
- Mathew Atchley
Person
I don't know that it would be lackey of I'm sorry, what? Or the lack of structure or structure, maybe not lack of resources maybe lack of resources isn't the right way to put it, but you implement and build a program on a facility, for example, an enhanced outpatient unit.
- Mathew Atchley
Person
It's a very enhanced mental health facility.
- Mathew Atchley
Person
You wouldn't have that necessarily on a general population yard.
- Mathew Atchley
Person
So there would be an example of a program that exists in one area and not another.
- Mathew Atchley
Person
Every institution has an opportunity to implement certain programs, be it self help and things like that, throughout their facility.
- Mathew Atchley
Person
So it does vary.
- Mathew Atchley
Person
It isn't standard across the state where this yard will have this program or that program, if that makes sense.
- Mathew Atchley
Person
One more time, the last hart the programs themselves are established by the institution, so they're not necessarily standard across the state.
- Mathew Atchley
Person
I will say, though, that custody levels, the population does have the opportunity to work their way from one to the other based on behavior and participation and things like that.
- Rosilicie Ochoa Bogh
Legislator
Okay, interesting.
- Rosilicie Ochoa Bogh
Legislator
The other question I had for you is also the safety of the officers that serve in that capacity.
- Rosilicie Ochoa Bogh
Legislator
I've heard many stories where there's been some quite unfortunate behaviors.
- Rosilicie Ochoa Bogh
Legislator
Of course, culture comes into play both on the officer side and on the inmate side.
- Rosilicie Ochoa Bogh
Legislator
In your professional experience and background, two things.
- Rosilicie Ochoa Bogh
Legislator
One, how do we create an environment where it's a safer culture for both our officers and our inmates? How do we bridge that? And I know it inherently might be tough because of the nature of the institution, but it was really interesting to visit Lancaster because I met officers who were very amicable with some of the inmates who were serving in.
- Rosilicie Ochoa Bogh
Legislator
That capacity in that particular yard of self improvement and the respect that they had for those individuals who had chen to or were ready to choose the path of self improvement.
- Rosilicie Ochoa Bogh
Legislator
And it was very endearing.
- Rosilicie Ochoa Bogh
Legislator
There's also the part where the inmates respected those officers that respected them as well.
- Rosilicie Ochoa Bogh
Legislator
So I guess it's how do you foster a culture of mutual respect in this prison system? And number two, as a follow up, and you can mix it all together, but I understand also that we do have a problem with drugs and telephones coming into the prison system that also jeopardize the safety of both the inmates and the safety officers.
- Rosilicie Ochoa Bogh
Legislator
What is it that we need to implement or have, I guess, enforce or implement in the system so that we create a safer environment for all in a level of respect that is necessary?
- Mathew Atchley
Person
Excellent question. On the first portion of it, what you described is dynamic security, and that harkens back to a day when your correctional officer would walk a tear.
- Mathew Atchley
Person
Didn't necessarily have the equipment, and all that they had was the gift of gab, so to speak.
- Mathew Atchley
Person
Having a conversation with somebody, interacting with that Patterson, being friendly, but not friends, et cetera, and just engaging with them like a human being.
- Mathew Atchley
Person
We went through an area that was very violent and I actually started an apartment. In those times and it is different.
- Mathew Atchley
Person
You get to a point where and it does depend on the facilities. You go to a facility that's a little bit more relaxed, the environment and the atmosphere is a little bit different. When you go to some of the higher security yards, there's a definite palpitable level of distrust and that's there for me.
- Mathew Atchley
Person
And what I mentioned with dynamic security, it's getting everyone to understand that that's what it is that you need to be safer in the environment that you're in.
- Mathew Atchley
Person
Is that personal interaction with people and just being friendly. If I walk up to a person and I call them by the name, my immediate reaction is going to be a negative one.
- Mathew Atchley
Person
If I call you by your first name and I greet you with a friendly statement and yes, you can absolutely do that.
- Mathew Atchley
Person
In a prison environment, it changes the tone.
- Mathew Atchley
Person
So that is something that I am working towards in my institutions, is breaking through those barriers and getting to that point where, like I said, people have the interactions that they should with human beings.
- Mathew Atchley
Person
It does make a difference.
- Mathew Atchley
Person
I've been there, I've experienced it.
- Mathew Atchley
Person
And like I said, coming from outside of the Department and into environment, it's the way that I naturally reacted anyway and always got positive feedback, typically going into the drug portion of things, it is definitely problematic.
- Mathew Atchley
Person
It is a large part of what it is that we do.
- Mathew Atchley
Person
It disrupts programs, it disrupts inmate safety, staff safety, as you mentioned. And it's definitely a serious thing.
- Mathew Atchley
Person
We've taken a lot of steps to interdict the drugs that are coming into the institutions.
- Mathew Atchley
Person
We have specialized units that focus on narcotic interdiction.
- Mathew Atchley
Person
We have a new epidemic now that is drones that aye coming in and we're working with other agencies to one.
- Rosilicie Ochoa Bogh
Legislator
More time that are what? What is new drones.
- Mathew Atchley
Person
Drones correct.
- Rosilicie Ochoa Bogh
Legislator
You're going to have to elaborate a little bit more.
- Mathew Atchley
Person
You know what, I'm not the subject matter expert on drones.
- Mathew Atchley
Person
However, they are out in the institutions and it is a problem right now and one that our staff are working very hard to combat.
- Mathew Atchley
Person
And that's just another way of you have to think of it in terms of organized crime inside and outside the institutions that are bringing the narcotics in.
- Mathew Atchley
Person
That's a portion of it.
- Mathew Atchley
Person
There's many avenues inside an institution if we're going to be frank about it.
- Mathew Atchley
Person
And that's something that we work very hard to do and to stop.
- Rosilicie Ochoa Bogh
Legislator
Do you see a plan of action in which we can curtail all of this and moving forward just for the safety of our officers and the inmates? I think collaboratively is there.
- Rosilicie Ochoa Bogh
Legislator
Do you think that there is a solution, a plan of action that we can follow? I
- Mathew Atchley
Person
think there's a definite plan of action.
- Mathew Atchley
Person
There's a lot of resources that are out there.
- Mathew Atchley
Person
The institutions like I laird Aye working with a lot of outside agencies and other areas to combat drugs inside the institutions, we enhance our security measures, trying to prevent them from coming.
- Mathew Atchley
Person
Min another layer of this inside is education and treatment for the inmate population.
- Mathew Atchley
Person
Everything is about incarcerated population. Everything is about ayes so I don't know that there would be one answer. I think it's many answers working in harmony together to stop a problem. Do you have the support system and the collaboration of the different stakeholders to be able to accomplish that vision? Yes, I believe we do.
- Rosilicie Ochoa Bogh
Legislator
Okay, and then I'm fong to follow up segue from Senator Grove's comments with regards to behavioral mental health for public safety officers. Because, as you mentioned earlier, I'm very keenly aware of the emotional, behavioral, psychological toll that this profession takes upon our officers and the impact that that has a family.
- Rosilicie Ochoa Bogh
Legislator
And especially as an advocate of families, it's very concerning to me, one, on the impact that it has on the families, and number two, on the ability to recruit quality candidates to be able to work in this environment. Because, quite frankly, it takes a very special human being to be able to do Mathis job.
- Rosilicie Ochoa Bogh
Legislator
Are you planning or do we have enough programs in place to provide the support, the wraparound support systems for officers to be able to get the help that they need while they're doing this job? And number two, what is it that you need or do you think would facilitate getting a broader and quality pool of candidates to come in and fulfill the Jones or the Vacancies that are needed?
- Mathew Atchley
Person
Very good question, and thank you for it. I believe that we do have very good support network that's out there. We have peer support teams, chaplain support teams that are almost every major incident that we have are on site and available for staff.
- Mathew Atchley
Person
I know years in the past maybe we didn't have that type of support. And one thing that I really appreciate seeing in the institutions is it's almost immediate. Our staff come together, everyone comes together to help and be there for each other.
- Mathew Atchley
Person
So I think that it's very good. And in terms of hiring and recruitment of people, and I believe that was the second part of your question, that area is not also within my purview.
- Mathew Atchley
Person
However, it's definitely something that we're all very aware of right now. Law enforcement. It's a challenge hiring people. It's a challenge getting positions filled. The Department works very hard to recruit.
- Mathew Atchley
Person
We go almost every event that we go to, I see a booth somewhere where we're out trying to get good quality people.
- Mathew Atchley
Person
And my portion of that as far as support Jones is again making that a good environment, a healthy environment, and almost a happy environment for people to come work.
- Mathew Atchley
Person
Min my experience, it doesn't necessarily have to be an incredibly negative experience just going into an institution and that's where my focus is.
- Rosilicie Ochoa Bogh
Legislator
All right, thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Senator.
- Lola Smallwood-Cuevas
Legislator
Go ahead, Senator Smallwood-Cuevas thank you, Madam President.
- Lola Smallwood-Cuevas
Legislator
And really encouraged by the questions and the values that have been articulated behind them as it relates to ensuring that folks who aye inside are treated with dignity and respect and are safe.
- Lola Smallwood-Cuevas
Legislator
And I think that's a big part of rehabilitation.
- Lola Smallwood-Cuevas
Legislator
We've talked a lot about safety, but from my viewpoint, the purpose of the investment that is made in the system is about rehabilitating and ensuring that folks come back to our community stronger because they have been in the care of the system while doing the time that was given to them.
- Lola Smallwood-Cuevas
Legislator
I'm going to work back because I feel like you left off where in a line of questions that I wanted to raise. So I'm going to start sort of in the middle of my questions and I appreciate you being here. And I heard someone from Arc say, we support this.
- Lola Smallwood-Cuevas
Legislator
If you have the support of the Anti Recidivism Coalition, I'm excited to speak with you. So on this issue of contraband, because I think that was one of the main points that my colleague here was making.
- Lola Smallwood-Cuevas
Legislator
And you shared that there's a lot of reasons for how drugs and other contraband get inside of cell phones inside of the prison.
- Lola Smallwood-Cuevas
Legislator
And I wanted to dig into that a little bit and some of the responses that you gave, which were very helpful in helping to prepare, Flora, the conversation you lifted up that CDCR personnel discovered approximately 12,000 cell phones and hundreds of thousands of ramos of various narcotics min min their search operation.
- Lola Smallwood-Cuevas
Legislator
And, and this was during, you know, January of 2020 to August of 22 in the middle of COVID where there were no visits. So there weren't people coming into the prison. No one was coming into the prison from community.
- Lola Smallwood-Cuevas
Legislator
And oftentimes, especially in the communities that I come from that I've worked in in South LA. There's been a lot of press and media about families and visitors who aye somehow allegedly the leaders of this contraband sort of experience.
- Lola Smallwood-Cuevas
Legislator
And for me, when thinking about the dates and hearing some of those statistics, this means that the smuggling of contraband did not really decrease during this period, during this time when there were no in person visitations, which likely meant that the culprits were not visitors to folks in prison.
- Lola Smallwood-Cuevas
Legislator
And so there's also at the same time, the prisons had one of the highest overdose rates and our system was one of the highest in the country.
- Lola Smallwood-Cuevas
Legislator
It went up 113%, something like that during previous periods and continued to rise.
- Lola Smallwood-Cuevas
Legislator
So what are you doing to counter contraband and smuggling into prisons under your purview? And particularly because it seems that there's a good chance that it's coming from inside, not from visitors from the outside.
- Lola Smallwood-Cuevas
Legislator
So how are you overseeing that and how are you ensuring that we are actually reducing it?
- Mathew Atchley
Person
Absolutely. that's a very good question and our staff are definitely a factor min this as far as bringing narcotics into the institution, we did notice quite a few drug related incidents during COVID and ask the exact same questions.
- Mathew Atchley
Person
One of the things that we do within the institutions, again, we have a centralized screening process and I believe Senator Laird mentioned coming into the institution and seeing that long line.
- Mathew Atchley
Person
It's very similar at the actual entrance gate where we go through and search bags and things like that.
- Mathew Atchley
Person
We do have narcotics teams, other things that are out there too, that help us in interdiction.
- Mathew Atchley
Person
Some of the institutions now have ABS, which has been very helpful.
- Mathew Atchley
Person
And there's other interdiction methods, my apologies.
- Mathew Atchley
Person
I use an acronym.
- Mathew Atchley
Person
It's Audio Video Surveillance System. It's cameras basically. And some of the institutions have those and they're finding great success in utilizing those for introduction techniques.
- Mathew Atchley
Person
But yes, that is a portion of it.
- Lola Smallwood-Cuevas
Legislator
There was a program that I learned about that there was actually resources put into it for CDCRC, a two year pilot for enhanced contraband interdiction.
- Lola Smallwood-Cuevas
Legislator
And in that process everyone coming into the facility, including staff and vendors, went through an extensive search process and then the program ended.
- Lola Smallwood-Cuevas
Legislator
To your knowledge, was that a successful pilot? And are there conversations about expanding it or bringing it back given the data.
- Mathew Atchley
Person
Coming out of COVID. Unfortunately, that happened before I was in this position and not in my institution.
- Mathew Atchley
Person
So I don't have any data for that and my apologies.
- Lola Smallwood-Cuevas
Legislator
Would that be something that you think could be beneficial? Because I appreciated the different lessons learned and best practices that you are bringing in and I want to really say that that's a positive thing because oftentimes when people come up through a system, they know the system and they don't actually know other interventions and lessons learned and best practices and often don't prioritize that.
- Lola Smallwood-Cuevas
Legislator
So that's why I wanted to know is that a pilot that you think could work and should come back?
- Mathew Atchley
Person
I'm vaguely familiar with what you're referring to, but I would be open to anything that wood help us combat this.
- Lola Smallwood-Cuevas
Legislator
Great, thank you for that.
- Lola Smallwood-Cuevas
Legislator
And I'd like to follow up to see how we could work together to keep our incarcerated folks safe, but also the staff safe as well.
- Lola Smallwood-Cuevas
Legislator
The other question now I'm going to go back to my other question, my other order, and I've had the luxury of working with formerly incarcerated folks who have been in some of the facilities that you oversee and have mentored me.
- Lola Smallwood-Cuevas
Legislator
They are in the trades now and they make lots of money and some have boats and houses.
- Lola Smallwood-Cuevas
Legislator
But just to say that when given the right opportunity for rehabilitation and the right opportunity to be in the right headspace and to break out of the culture of violence into a culture of contribution, folks do step up to the plate.
- Lola Smallwood-Cuevas
Legislator
And so I wanted to hear more about what your definition of rehabilitation is.
- Lola Smallwood-Cuevas
Legislator
You've talked a lot about safety, but how do you define rehabilitation and what in your leadership would you say is sort of a gem, right, of really turning those values into a real policy that you have been able to measure and see the difference?
- Mathew Atchley
Person
Excellent question.
- Mathew Atchley
Person
I would say my idea, I wish I had a chance to share something with you.
- Mathew Atchley
Person
I don't know if any of you have been through leadership trainings per se, but they have.
- Mathew Atchley
Person
You go into exercises and draw your vision, draw things that you see what it is that you want to do.
- Mathew Atchley
Person
Again, coming from the aircraft industry or the trades, I was always taught to have that vision, to not let anything stand in the way and things like that. So anyway, to get to your point, a citizen factory, for lack of better terms, is exactly how I envision a prison.
- Mathew Atchley
Person
I am trying to put citizens out, and it's another layer of security. It is my goal not just to release someone out into the public, but to release a productive citizen out into the public to give them the skills that they need to succeed.
- Mathew Atchley
Person
Be it a trade, education, it's very important. Those things are grove to help reduce recidivism, and I fully support those. But maybe I'll share that picture with you guys that I drew. Kind of proud of it and I think I'll frame it and put it in my office.
- Mathew Atchley
Person
But it is a citizen factory and for lack of better terms, that's exactly how I picture my job.
- Lola Smallwood-Cuevas
Legislator
And an example of the citizen factory, what's something that you've done personally? Min policy program practice that has actually you've seen someone come out and that actually the evidence that that worked.
- Mathew Atchley
Person
I would so...I mentioned the dog program. I also started help start a Veteran Transition Center in a high security prison.
- Mathew Atchley
Person
And again, it was coming from a lower level institution and I wanted to implement it in a high security prison. It was very successful.
- Mathew Atchley
Person
But I don't want to share the experience of a policy because my focus and what I pour, all of my efforts are into people and actual experiences.
- Mathew Atchley
Person
For me, it's running into somebody out on the street that I can actually see something that's been done with my own ayes and know that they're now a successful person.
- Mathew Atchley
Person
You guys have probably figured out by now, I don't get in front of a Senate hearing committee very often, and it's not my thing, but I haney been in front of one before, and it was for a veteran transition center for the incarcerated.
- Mathew Atchley
Person
Everyone before the actual hearing were sitting outside exchanging business cards and there was a Patterson standing there that I knew from somewhere, and I just couldn't put the name to the face. And everybody exchanged titles and cards and whatnot.
- Mathew Atchley
Person
This person reached out and shook my hand and introduced himself and said, thank you.
- Mathew Atchley
Person
I just want to thank you.
- Mathew Atchley
Person
Thank me for what? Okay, I'm not making the connection here.
- Mathew Atchley
Person
You were a sergeant on a facility where I was incarcerated.
- Mathew Atchley
Person
Things weren't so good back then, but you modeled away from me, and I really appreciated it.
- Mathew Atchley
Person
Fast forward.
- Mathew Atchley
Person
This person ended up coming out of gang life coming out of that, and here I was sitting.
- Mathew Atchley
Person
The last person that I expected to see in front of this hearing was out there in the hallway.
- Mathew Atchley
Person
And they came in and they spoke about the Veteran Transition program in there and brought everybody to tears with the success story.
- Mathew Atchley
Person
That, to me, is success.
- Mathew Atchley
Person
And I didn't do anything particular with this individual except for just treat them like a human being.
- Mathew Atchley
Person
And that, to me, is probably more of a measure of my success and bolsters my beliefs more than any policy that I know of.
- Lola Smallwood-Cuevas
Legislator
Thank you for that.
- Lola Smallwood-Cuevas
Legislator
That story. And I appreciate the citizen factory in this country and certainly in my district. Part of that participation is your ability to sustain yourself, to have the income to have the skill set to be competitive min a highly competitive economy and labor market. And the prison system really requires every able bodied prisoner, person incarcerated, in our system to have as many hours of faithful labor in each day and during their term. And I appreciated you lifting up how important it is for us to use that as an opportunity to prepare folks to come back. There are approximately 58,000 incarcerated people who are assigned to jobs that help maintain and operate the state prisons. And on average, incarcerated staff work damn near full time, 32 hours per week in a wide range of jobs. And I also had an opportunity to join Smart Justice on a tour of Lancaster and had the amazing opportunity to meet with workers inside who are so proud of their work, who do that work with pride every day, who expressed the competition for good jobs. The unfortunate thing that the good job was paying them eighty cents an hour. And in the instance of the young man that I met working as a plumber doing plumbing in the prison. And there is, they call it an inmate paid committee that determines the work assignments and what they aye paid and what is unpaid, as well as the hourly wages, which I just expressed are slave wages and slave labor. And one that jones not prepare folks who have spent however many years doing these jobs but don't have any certification, they don't have any apprenticeship papers when they come out of there. They are not connected to those industries and those industry networks which in many ways we are investing in a rehabilitation system that is only taking folks partly through the process which is exploiting that labor but not actually providing the tools, the concrete tools that people need, to come back and fully participate in the economy that we all live in, and particularly in the 28th, which is a high cost of living economy. So my question is with all of this, do you have thoughts generally about the ayes that we aye paying incarcerated people who are working in our prisons, and do you participate in that inmate pay committee? Is that something that you participate in and give directive on and engage in personally?
- Mathew Atchley
Person
No, unfortunately I do not. That's not within my purview and I don't feel qualified to speak on that particular topic. I will say that from my end of things, I absolutely encourage participation in programs, training and building of skills. And I want people to have those skills when they leave the institutions to have a productive life. And that absolutely is my focus.
- Lola Smallwood-Cuevas
Legislator
So how do you work then with your prisons to ensure that incarcerated individuals are given real workforce development opportunities that would allow them to fully transition on the outside.
- Mathew Atchley
Person
We support vocational programming and education and participation in that. We monitor the participation in those particular areas, so that's how we support it.
- Lola Smallwood-Cuevas
Legislator
And monitoring and when you say vocation, is it skilled training that they're receiving by the professionals so that could be then codified in some type of certification or license or at least count toward hours in an actual certified program that is relevant to the outside?
- Mathew Atchley
Person
Yes, to both.
- Lola Smallwood-Cuevas
Legislator
Okay, and how many facilities is this program in?
- Mathew Atchley
Person
I don't have those specific numbers, but I can get them for you.
- Lola Smallwood-Cuevas
Legislator
I would love to hear more about how many, because if the Dog program is only in two, I'm not sure how many more when it comes to actual work and workforce training are in the system throughout. One or two is not helpful when there are so many, particularly in my community where we are 6% of the population but 30% of those incarcerated in the state, that a significant community asset that is inside that comes out and overwhelmingly do not have competitive certification. So I would love to follow up with you on that so that we can make sure that folks transition. So thank you for that. One final question, and that has to do with your trip to the Netherlands and seeing different models of ways that we prepare people to come back and to reenter and to begin that process early while they're inside. One of the things that I know in that part of the world, within the United Nations, that Mathis whole idea of solitary confinement is actually counter to UN regulations. And this was discussed in your interview and you talked about how the Department does not call it solitary confinement, but it does have various types of restricted housing units and that people are segregated. They call it segregated housing units, SHU, and in that process of just getting only up to 2 hours of outdoor time, the remaining time, 23 hours, is sitting within the concrete square of this SHU. And this is not humane, it does not accelerate rehabilitation or the ability to be in the mind space and the headspace to be able to make that shift from a culture of violence and a culture of incarceration to a culture of contribution and work. So I wanted to hear what is your view on this type of confinement and do you think it merits calling it what it is and then also us really being proactive in limiting the level of access that we're putting our incarcerated people in in terms of their ability to be housed in the SHU.
- Mathew Atchley
Person
Great question. Let's call it restrictive housing, for lack of better terms. There's a lot of different areas that restrict custody or movement. For a particular portion of the population. For me, it's a balance. I have the duty to protect everyone inside and outside the institution as a law enforcement officer. There are very violent people within the system that need to have that level of custody and restriction. That doesn't alleviate our responsibility to constantly work towards a solution of getting them out of that environment. For myself, I know that my team and everyone and within high security, you can imagine we have some of the more difficult and challenging cases that are incarcerated in restricted housing. We review those cases regularly and we look at things outside of the box of policy and procedure and just going through a standard set of classification rules. It goes beyond that. Again, back to the humanistic approach. Is this the right thing to do in this situation? We have people in those scenarios that have been in there for a very long time because their behavior dictates it. However, as I mentioned, and I can't stress this enough, that doesn't mean that they stay in there indefinitely. It's our job now to work towards getting them out. And that's what the teams and all the institutions do. And there's a lot of very hard work out there every day to do this. So you mentioned Norway when we went to Oslo and I mentioned the resource team. That's something that I saw when I went there and a little bit of a different approach than what we were there to look at. I observed that in one of their restricted housing units. That is what really resonated with me, being from high security those environments, those acute mental health patients and other incarcerated that are in those situations and how they deal with it. And how they deal with it better to get to that point. Yes, that's exactly how I deal with it.
- Lola Smallwood-Cuevas
Legislator
Well, I'm glad that you're looking for strategies on how to limit the amount of time that our residents are in confinement, because I think the CDCR is five years, which is 1800 days, which is unimaginable in terms of the mental health and helping to move folks forward into a different place. The other last question I have on this is that residents who are housed in the SHU or in these restricted units are supposed to receive 10 hours of structured treatment every week. And in addition to other medical treatment, can you confirm that all of your facilities that treatment is occurring?
- Mathew Atchley
Person
It is. That's another process we monitor.
- Lola Smallwood-Cuevas
Legislator
Okay, great. And last question I have is just around hiring, and this really is my last question. We understand that this is a challenging job. I have family Members who work in the incarcerate system and it does take a toll. And I have family Members who have been incarcerated and it takes a toll. And I just wonder what steps are you taking to make sure that there is a level playing field for the staff inside of the system. And what I mean by that is sometimes we aye rushing and bringing on staff in the incarceratoral system who should not be in the incarcerative system. They have mental health issues themselves. They have had red flags in their past and history that put everyone at risk. And too often they are falling through the crack. So what steps are you taking to make sure that people with predatory tendencies and I'm thinking about this past November, when there were two CDCR officers who were separately arrested for sex crimes against children, including rape, and one officer held the rank of correctional lieutenant. So what steps are you taking to ensure that people with predatory tendencies are not hired?
- Mathew Atchley
Person
Excellent question. I don't oversee the selection process, but I will say that we have a very robust one within the Department. As you can imagine, any law enforcement agency. It's a highly scrutinized process and for good reason. The public is counting on us to hold ourselves to a higher standard. We're the ones that are supposed to be keeping everyone safe. So I would say that I believe our process for selection, the background checks, that portion of it, is a very robust and good process. And I can't speak to these particular cases, but something has to be there to present itself. And I don't know what was or wasn't in these cases. I will say that it violates a trust with a peace officer when somebody harms an individual in that manner, it's reprehensible. And I'm very glad that that was discovered and those people will be held accountable for their actions. Yeah, that's a challenge.
- Lola Smallwood-Cuevas
Legislator
And in those instances, especially in this new role, how do you look back at the hiring process and take those lessons learned and figure out ways to fix the process in terms of the hiring? Because November was not the first incident. So how do you actually look at the hiring process when those examples, those incidences, arise and actually change the hiring practice?
- Mathew Atchley
Person
Again, that is a good question. I've been through the process, so there's an extensive background checke with the process to look at criminal history, things like that. There's a mental health component of it. There are a lot of factors that are already involved in there. So it would be hard for me to say what I would look at without knowing what the actual issue is. But I do know that Department takes this very seriously. And like I said, our hiring practices are very good.
- Lola Smallwood-Cuevas
Legislator
Thank you.
- Toni Atkins
Person
Well, thank you, Senators, and thank you for your thoughtful responses and certainly the dialogue. I don't have further questions. I want to go to the Members of the public. But I do feel compelled to say, as someone who has been on the Rules Committee for five years, as I came into the Senate, maybe longer, actually I have two years left. Six years I have been here. I know at least two of my colleagues have been here through confirmations of secretaries of CDCR, other high ranking officials within CDCR, we have consistently had meetings with the secretary to go over issues that we hear about because we're not there every day. I would agree with some of your comments and what my colleagues have said. This is a very difficult environment. It's hard for the staff, for the officers, day after day after day. It is hard for the inmates. It's why we have so many lines of question to talk about whether it's hiring, whether it is rehabilitation services, programs, contraband in the prisons. We've even dealt with facilities and how disadvantaged staff and inmates are because of the deferred maintenance of facilities and not putting enough resources towards an environment which is conducive of rehabilitation and of supporting staff and letting them know, officers, that the work they do is incredibly valuable. California has the largest prison system in the world, not just in the United States. And so you can just imagine or we have been given privy to all of the kinds of issues that come up. And so you get a smattering of questions from here there on every issue. But what comes to our attention, really, is the stuff that makes the headlines. Whether it's internal investigations about staff who on one hand may treat inmates not appropriately, as my colleague from Kern County brought up the one incident we heard about, or whether it is officers who feel like they've been discriminated against by their peers and don't feel safe in the job. So many issues you have to confront. And then we deal with issues like what is rehabilitation, what is our culture? Our culture in the United States is probably very different than the culture in I've heard of Norway, Amsterdam, other countries. And I really applaud you for seeking out those opportunities to grow and to learn and to try to make change within a system that's pretty set. And it takes a lot to change. We spent a lot of time talking about culture change. How do you change culture? And we're grappling with it in the institution of the Senate and the Assembly. We live in different days today than we lived in 20 years ago and 30 years ago. People want to work differently today. The Pandemic added to that in complicated ways for our staff. I say all of that to let you know that we have been privy to some of the issues you have to deal with. We remain concerned about some of the things we hear, and obviously we're going to have yet another, the secretary is retiring, so we will get an opportunity to talk with one more appointee. And these are hard appointments because this is a difficult job. I said earlier when we were talking to the head of EDD, we don't envy you your job. I say that every time when I talk with someone from CDCR because you have a huge responsibility. I remain concerned about some of the things I hear about on allen of these categories and hope that when we talk about issues of change and how to do things differently. It sounds like you've embraced that. And hopefully, clearly, your family is here to support you in doing the right thing. And as we all define differently what the right thing is, but trying to do something better and improve a situation, I just want to make sure you hear from me. I remain concerned about the things I hear about. I represent, as does another one of my colleagues, the LGBTQ community. You've certainly had to transition in how you deal with gender identity, and that leads to practical issues of housing. We talk about segregation on one hand in terms of you want to keep people safe, but society moves forward and you have to respond to all of those changes. So we've expressed all that, and no doubt you've heard about it in your preparation for coming before us, that these concerns, these are things we have to work on together. And I feel certainly good in supporting your confirmation today. I don't envy you the task as you continue to move up, but I do think it's important to note that you've come up through the ranks. So you know a lot. You've been on the ground and you're still seeking other opportunities to make this better and do this job better. So I'm going to trust that and hopefully we can continue to have a dialogue moving forward, given your level of responsibility that you have certainly earned.
- Mathew Atchley
Person
Thank you.
- Toni Atkins
Person
With that, I'm going to go to Members of the public, and I'm going to start, as we did before, with Members of the public who may be here in room 2200. Those who may wish to speak in support, we may have run everybody off in terms of all of our dialogue. I certainly didn't mean for that to be the case. I don't see anyone coming forward publicly, but I'm going to go back to our incredible moderator who is going to help us tee up those who wish to call in support. Starting with support again, our toll free number is 877-226-8163. The access code is 289-7482. And Mr. Moderator, if it's still Mr. Moderator, you'll correct me if there's been a change in moderators, but welcome back and go ahead and tee up those in support.
- Committee Secretary
Person
Thank you. For those who wish to speak in support, please press one then zero. Press one, then zero only once to keep yourself in the queue.
- Toni Atkins
Person
Sorry, Mr. Moderator. As a reminder, your name, organization, whom you may be speaking or on behalf of I'm sorry. And your position. And note for the record, we've already had one caller who was in support. Go ahead, Mr. Moderator.
- Committee Secretary
Person
Going to go first to line 16. Your line is now open.
- Gary Burt
Person
Good afternoon, Members of the Senate. My name is Gary Burt. I'm a life coach for the Antiracism Coalition. I am calling in support of Mr. Atchley's confirmation of this position and his commitment to rehabilitation. Thank you.
- Toni Atkins
Person
Thank you so much. And that was a perfect comment in support. Mr. Moderator, how many speakers do we have? Just checking.
- Committee Secretary
Person
At present we have nine.
- Toni Atkins
Person
Okay, so I'll even more emphasize the name, organization, if any, and your position of support. Thank you. Go ahead.
- Committee Secretary
Person
Going to move on to line 13. Your line is now open.
- Candice Lewis
Person
Hi, good afternoon to all. My name is Candace Lewis, and I am calling on behalf of the Anti Recidivism Coalition. I am calling in full support of Mr. Atchley's confirmation position and his commitment to rehabilitation. Thank you.
- Committee Secretary
Person
We'll now move on to line nine.
- Reza Chappel
Person
Good afternoon, madam Pro TEM and senators. My name is Reza Chappel. I am a life coach with the Anti Recidivism Coalition. And I, too am calling in strong support of Mr. Atchley's confirmation to the position. Thank you.
- Toni Atkins
Person
Thank you so much.
- Committee Secretary
Person
Line 22. Your line is now open.
- Michael Mendez
Person
Thank you. My name is Michael Mendoza with the Anti Recidivism Coalition. Strong support of Mr. Atchley's confirmation. Thank you.
- Toni Atkins
Person
Thank you.
- Committee Secretary
Person
line eleven.
- Christopher Acosta
Person
Good afternoon. My name is Christopher Acosta. I'm a life coach with the Anti Recidivism Coalition. I am the strong support of Mr. Atchley's confirmation. Thank you.
- Toni Atkins
Person
Thank you so much.
- Committee Secretary
Person
Line 31, your line is now open. Good afternoon. My name is Tommy Eugene Lewis III. I'm a hope and redemption team life coach with the Anti Recidivism Coalition. And I am in strong support of Mr. Atchley's confirmation to this position and his commitment to rehabilitation and the human element that's needed. Thank you.
- Toni Atkins
Person
Thank you so much.
- Committee Secretary
Person
Line 21, your line is now open.
- Andre Johnson
Person
Hi, my name is Andre Johnson with the Anti Recidivism Coalition calling in support of Mr. Atchley's confirmation for his position and his commitments to rehabilitation. Thank you.
- Committee Secretary
Person
Line 29.
- Clinton Drummer
Person
Hello. My name is Clinton Drummer. I am a hope and redemption team life coach for the Anti Recidivism Coalition. And I am calling in strong support of Mr. Atchley's confirmation. Thank you.
- Toni Atkins
Person
Thank you.
- Committee Secretary
Person
Line ten.
- Lynn Acosta
Person
Hi. My name is Lynn Acosta. I am a life coach with the Anti Recitivism Coalition. I am calling in support of Mr. Atchley's confirmation for this position.
- Toni Atkins
Person
Thank you so much. Next witness.
- Committee Secretary
Person
Final call for anyone who wishes to speak in support, please press one, then zero. At this time. There is no one else who signaled that they wish to speak.
- Toni Atkins
Person
Thank you, Mr. Moderator. We'll be back with you in a moment. Clearly good comments from an organization well respected. Okay. Having heard from supporters, we'll follow the same process for those who wish to speak in opposition. Starting in room 2200. Anyone who would like to come forward and speak in opposition? Seeing none. Mr. Moderator, we are back with you all ready for you to tee up anyone who would like to speak in opposition?
- Committee Secretary
Person
For anyone who wishes to speak in opposition, please press one, then zero. There is no one who signaled that they wish to speak.
- Toni Atkins
Person
Thank you, Mr. Moderator. We'll talk with you shortly on our last appointment. With that, I will bring it back. And Vice Chair Grove.
- Shannon Grove
Legislator
Thank you, Madam Chair. Just a brief comment and then I'll make a nomination for the confirmation. I really do love your heart. I mean, in the real world, I own a business, and we hired Seven Second Chancers just last week, and one of them just said, before we even started the interview, told my staff, thank you. And they were confused because they didn't offer him a job. But with a 25 year gap in his history, it was the first interview in three years that he was able to get. And so he actually did go to work. And he's making a very good wage. With the ARC confirmations on the positive confirmations and support, you truly have a legacy that you've created in order to create a better environment for people to be out and be better when they get out. So with that, I offer move to confirm
- Toni Atkins
Person
A motion by our Vice chair with an assist from Senator Laird. Madam Secretary, will you please call the roll.
- Committee Secretary
Person
Laird. Laird, aye. Ochoa Bogh. Ochoa Bogh, aye. Smallwood-Cuevas. Smallwood-Cuevas, aye. Grove. Grove, aye. Atkins, aye. Five to zero.
- Toni Atkins
Person
Five to zero. Congratulations. We will move your confirmation onto the Senate floor. And just really want to say thank you for all the time and your patience in walking us through all of the questions today. Congratulations to you and congratulations to your family.
- Mathew Atchley
Person
Thank you, madam Chair. Thank you. Thank you, everybody.
- Toni Atkins
Person
We are going to take another five minute short break so that we can transition. We have one appointment left for the public portion of this hearing or this meeting, and our next appointee will be virtual, so we're going to tee that up. Take a few minutes and be right back.
- Toni Atkins
Person
We are ready. We will continue now with our final appointment for today. And that is item one C, the appointment of Nora E. Vargas, supervisor as a Member of the Air Resources Board. And she will be appearing remotely via Zoom.
- Toni Atkins
Person
So I want to welcome you, Ms.. Vargas, and give you kind of the same instructions of the others, which is to go ahead and introduce yourself, anyone you would like to acknowledge or with you, and then make your opening comments and statements. And then we will go right to Members of this committee for questions and comments. So thank you and welcome, and thank you for your patience.
- Nora Vargas
Person
Thank you. Thank you. Madam Chair, Members of the committee, thank you for the opportunity to join you via Zoom. Unfortunately, I felt ill and I was unable to join you in person. I was really looking forward to it, actually. As you mentioned, my name is Nora Vargas, and I serve as the chair of the San Diego County Board of Supervisors.
- Nora Vargas
Person
I proudly represent Distinct one in San Diego County. Most recently, I served two years as the chair of the San Diego Air Pollution Control District. And currently, I serve as a Member. But for, more than 25 years, I've dedicated my life to removing barriers for underserved communities, specific engagement min public policy and community organizing.
- Nora Vargas
Person
My passion for public service is really driven by my desire to improve people's lives, min our communities, and enslave my priorities. As a supervisor, I happen to represent frontline environmental justice communities with the largest air pollution impact in the county of San Diego. The Port community and the San Diego International Border Community had the privilege of serving on CARB since February 2022.
- Nora Vargas
Person
I'm really grateful to Governor Newsom for his confidence in me to represent our communities. And as someone with a public healthcare background, I am committed to ensuring our communities have healthy air, no matter their zip code, that communities are engaged in the process, and then the investments that Carve and the state make provide include our lower income communities and small businesses and that we are distributing our resources in an equitable manner.
- Nora Vargas
Person
As a Member of CARB, I'm committed to looking at the work differently where environmental justice and economic prosperity are not exclusive from each other. I am really looking forward to answering your questions. I'm grateful for my team, my family, and the numerous environmental, justice and climate champions California that every day organize to make sure that everyone has Chen Air. Looking forward to answering your questions.
- Toni Atkins
Person
Thank you, Supervisor Vargas. And I may give you a high sign if I need you to slow down. It's a little harder to hear remotely. We've gotten out of the practice, but I want to make sure our court reporter is able to get your comments for the record. So we're good. I'm going to move forward, but if I grove you the Hassan and interrupt you, please forgive me. It will be just so that we can be sure and get clarification on your comments.
- Toni Atkins
Person
We got that though. So thank you. I'm going to go ahead and start. Senator Laird, would you like to kick us off again this time?
- John Laird
Legislator
Yes and let me just say I appreciated you meeting with me yesterday and virtually. And we talked about a whole host of issues in our brief time. The Scoping Plan, implementing zeb environmental justice and just maybe to ask one question about those, because I was, in General, satisfied with your answers and your experience, and that is with your appointment. You are there at the border. There are a lot of border issues that you bring experience with this to the CARB.
- John Laird
Legislator
Could you please talk about that because you were mentioning different jones that were relevant and why your experience as an elected official at the border was very relevant.
- Nora Vargas
Person
Thank you Senator, and thank you for the opportunity to meet with you yesterday. As I mentioned, I represent the frontline communities of our international border with Mexico and I really believe that for decades our communities have been searching for this opportunity to have a voice at this level.
- Nora Vargas
Person
For many years our financial region has been impacting, particularly the number of trucks that are standing still during the border wait have impacted pollution throughout our region. And so most of the time when we talk about the border there is a misconception. That simply a line or a fence that divides our two countries.
- Nora Vargas
Person
And the focus has been a lot around immigration issues. But I think that it's really important for us to really think about the health component of the region and what that means to us. Right. We need to elevate our climate, environmental justice work that we're doing in the Binational community and find solutions.
- Nora Vargas
Person
For me, I think the proximity of the work that I do every day, the 24/7 idling of vehicles that wait across the border both in San Diecio and Lo Timeisa, and hopefully soon we're going to be opening up a new port of entry. It really does present a huge challenge to public health and our local air quality.
- Nora Vargas
Person
I think you may know that there's about 900,000 heavy duty diesel trucks that cost every year in this region and they sit still for hours, right? Because it takes about an average of two to 4 hours at the san Esitio seat of port of entry. But there's about 50,000 vehicles and 25,000 pedestrians. And so the heavy traffic hours, the vehicles that are idle flora there for hours really has an impact for us and Min, our communities as a whole.
- Nora Vargas
Person
And so I'm very proud that one of the first items that we took upon when I became a Member of CARB was ensuring that our Sunny Cedar community and our border region, are now part of AB 6117, which is ensuring that we are considering the border region as part of the solution and looking at it from a much more strategic perspective.
- Nora Vargas
Person
We've done a lot of work with nonprofit organizations to make sure that we have air monitors in the rendon because we know the direct correlation between cross border traffic flows and traffic related air pollution emissions. There's a lot of work that still needs to be done. But APCD Air Monitoring also identifies the highest levels of black carbon for the communities as well. So we have some heightened challenges in this community.
- Nora Vargas
Person
And I really believe that as we're moving forward and identifying solutions to meet our climate goals, it is really important that we take into account our binational community and that we're really thinking about what it means. Every policy that we are creating, what the impact is going to be in this region as well.
- John Laird
Legislator
Thank you very much for your response. I appreciate that. I look forward to supporting you.
- Toni Atkins
Person
Thank you, Senator Laird.
- Toni Atkins
Person
Madam Vice Chair.
- Shannon Grove
Legislator
Thank you, madam. Pro Tem. And very nice to see you again, Ms. Vargas. I know yesterday we talked on the phone, and I appreciate the conversation that we had. In the interest of time, I had several letters that I had gotten from constituents regarding things that concern the Central Valley, specifically the farming community.
- Shannon Grove
Legislator
But in the interest of time, I'm only going to read two and then ask you a question, so bear with me. This is a timeline, a brief timeline for PG&E and the Air Resources Board. An application was submitted to PG&E for power for a plant in January 10 of 2020. They were told they get partial power maybe one year. Not in a year.
- Shannon Grove
Legislator
Not enough to run the processing. Just enough to turn the lights on. 600 kw. But what's needed is 5 MW. Full power is two years out. One year later. No power. Forced to rent natural gas generators. Generators were permitted by the rental company, the Air Resources Board and the rental company said that the Air Resources Board said that the company permit was no good for the application for the Air Resources Board and that would have to be fine.
- Shannon Grove
Legislator
There would be a fine associated with the use of the generators. The fine was accepted because the crop is perishable and needs to be taken care of. They started the application for the generators to run under their own facility. So. The pistachio dryers could work. It's a pistachio company. They're running ten semi truck size, so big truck sized natural gas generators.
- Shannon Grove
Legislator
Min 2021 of August for the harvest. No permit from Air Resources Board. No power from PG&E. They were forced to run generators to process the packaging in 2021. Waiting for the permit. Waiting on the fine. And still no power from PG&E. The delay with PG&E came into another bypass with the Chauchilla Freeway and the bypass, which delayed it even longer, and construction began on the bypass.
- Shannon Grove
Legislator
Harvest time 2022. There's still no power. Still using diesel generators to keep the product fresh for shipping. In September 2022, they received full power from PG&E. Not partial. But in the meantime, their Resources Board is finding this grower. I believe it's $10,000 a day for the use of these generators to be able to keep their product able to ship.
- Shannon Grove
Legislator
I just want to share with you that our farming fleet needs an off ramp we're the top three food producing counties in the entire world. Gas and diesel powered tractors, trucks from electric vehicle mandates. There has to be an off ramp when power goes down. There's no backups. Crops still have to be harvested. There's no power to recharge farmers tractors, for example, a crop has to be transported to the packing houses and cooled before shipping.
- Shannon Grove
Legislator
Otherwise, it perishes. The crop has to be shipped or it perishes. Growers get fines from their client companies because they have to meet deadlines according to the contract. So I know you represent San Diego County area, but you will be making decisions that affect the entire state. And I think that the consideration for the Central Valley, which I represent in my district deserves consideration for being the food supplier to the world.
- Shannon Grove
Legislator
But also, it's very difficult to meet the mandates that CARB is placing forward with its new technology and transition to electric vehicles. There has to be a solution for both companies that I talk to like the transition to electric vehicles. There are less maintenance. You talk to forklift operators, there's less maintenance.
- Shannon Grove
Legislator
There's less of everything, less of the cost, less maintenance. There's reimbursements from the government, but they're using gas generators to power these electric vehicles because power cannot be supplied where we need it. Would you be willing to work with PG&E and the utility companies, southern California Edison and PG&E and the major utilities to be able to address some of these concerns that face Central Valley residents, specifically the food growers for the world?
- Nora Vargas
Person
Thank you for that question, Senator. I think one of the things that's really important, and that I have noticed, one of the newest carbon, is that there's a natural tension that is happening in this transition. And I really do believe that there's an opportunity for us to work together.
- Nora Vargas
Person
One of the things that we've done under Chair Randolph is really try to look at this from a holistic perspective and working with other entities, including the Commission, utility commission, and other entities throughout the state that have an impact. I do think that the technology flexibility is one of the main factors that Carp considers when analyzing some of these sectors and trying to reach our goals.
- Nora Vargas
Person
I think there's a lot of work for us to do in this process. I do believe that there is a middle ground for us to identify how we aye making sure that businesses that are Bains impacted are able to receive grants and or resources so that they are able to transition. But I think there's a lot of work to be done, and I think that only together we can do it. So absolutely, I'm submitted to working with them.
- Shannon Grove
Legislator
Thank you. I appreciate that response. Grants are all well and good. They really are grants are all well and good, and they're appreciated deeply because it does allow them to buy equipment that's transitioned equipment from diesel or gas to electric. But if you don't have power to power that equipment, then you have to have a backup or food perishes.
- Shannon Grove
Legislator
Thank you very much for having the conversation with me today. And thank you for considering my comments.
- Toni Atkins
Person
Thank you. Vice Chair. Senator Ochoa-Bogh.
- Rosilicie Ochoa Bogh
Legislator
Thank you.
- Toni Atkins
Person
Is your mic on?
- Rosilicie Ochoa Bogh
Legislator
Yes Okay is this better?
- Toni Atkins
Person
It is.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Senator, good afternoon and thank you for meeting with us. Supervisor Nora Vargas. I appreciated our conversation. I think it was yesterday that we had an opportunity to meet.
- Rosilicie Ochoa Bogh
Legislator
And most of my questions had to do and the conversations that we had yesterday had to do with situations that aye affecting my district with regards to, say, trucks in our area. And the questions that I asked.
- Rosilicie Ochoa Bogh
Legislator
And for the record would like you to express your thoughts for the public to hear with regards to having. This administration's focus on, say, electric vehicles and companies or industries or spaces that have been proactive in creating their spaces, their industries to be more conducive towards reducing the greenhouse gases and having less pollution in their ayes.
- Rosilicie Ochoa Bogh
Legislator
So the question that I posed yesterday was what are your thoughts and how would you approach and what do you see putting in place that would carve out or have exclusions for industries that have been proactive min implementing? What they believe are models that, aye, environmentally friendly, but not necessarily that follow the model or the what's the term that I'm looking for that follow this administration's. Electric, I guess, vehicle goals on that end. I'm not sure if I'm making myself clear, and I'm sorry. In my head, I know what I want to ask, but.
- Nora Vargas
Person
You asked me the question yesterday. It was related to the companies that have proactively met some of the California standards, and then we continue to change some of those standards because of the thank you for that question.
- Nora Vargas
Person
Happy to share my comments around that. But I think that it's one of the challenges that we face as a country and also as a state is that there has been good news, is that there's been a lot of progress made under with technology and science min terms of how things have changed.
- Nora Vargas
Person
And so one of the challenges that happens is that there's additional emission reductions that are needed to help meet the current health base for us to be able to meet our goals. And so I think what happens is companies are trying to catch up.
- Nora Vargas
Person
And so I think one of the things that Carp is doing well is that they aye working really closely with industry to make sure that as the regulations change, that we include flexibility in the provision to account for any fleets or anything that has already been complied with. I think that's one of the things that we can do.
- Nora Vargas
Person
I think one of the things that's important to mention is that the time frame for regulations, right, typically it takes three to five years to develop a regulation and then we phase it out. And then also one of the things that happens is we take a matter of years before it actually is implemented.
- Nora Vargas
Person
And so I understand your concern and the impact that it has on many in the industry, but I also believe that it is our responsibility to do everything that we can to make sure that everyone has access to clean air. So we're going to do everything that we can to make sure that as if we're implementing these regulations, industry is part of the solution and that we can work with them directly as we're moving forward.
- Rosilicie Ochoa Bogh
Legislator
So am I to understand correctly, for instance, with the trucking industries for companies that have already invested in trucks that are environmentally efficient, in that when the state comes in and says, okay, we're going to require now that you change to electric trucks, do you believe that you will be considerate and thoughtful about having a carve out or creating exclusions for these companies that are already meeting those expectations?
- Nora Vargas
Person
One of the things that we do well at CARB is that we make sure that we take the useful life of the equipment and economic impacts into consideration when we determine the implementation of the timelines for the requirements. And a lot of the regulations include, like I said, flexibility provisions to account for the fleets that were already complying with California regulations.
- Nora Vargas
Person
We have had exemptions or later implementation dates for legacy fleets. I think CARB has tried to do as much as it can to make sure that those impacted. We work with them. So for example, I most recently hosted one of the first roundtables in the San Diego Tuana region to really have a conversation about the impact of the number of trucks that were coming across the border and what does that look like? And CARB staff was invited to participate in this conversation.
- Nora Vargas
Person
And so many of these truck owners have to meet these regulations. They have been given ten years to transition and so we are working with them to make sure that as they're crossing the border that they're bringing such an important component of our trade communities that we are making sure that they have what they need.
- Nora Vargas
Person
And so we've worked really closely with them to make sure that they are able to comply and they're able to continue to provide the services that they need in the United States as well. So that's one of the many examples of low we've been able to bring people together to address some of these challenges.
- Rosilicie Ochoa Bogh
Legislator
Now, when you say collaborating work together, aye, you talking about, say, Mexico working with the US in complying with the trucking standards that we have in California as they enter our country.
- Toni Atkins
Person
Let me ask staff, did we lose a connection? Okay, I think we can hear you. Go ahead, supervisor.
- Nora Vargas
Person
Oh, no. I said yes, exactly. That's what we did. We make sure that they're complying and that people have the information that they need to be able to address some of the challenges that they have low.
- Rosilicie Ochoa Bogh
Legislator
I'm curious, what authority do we have to enforce our standards on countries such as Mexico with regards to, for instance, in this case, trucks coming into our state? What sort of accountability measures do we have at our reach?
- Nora Vargas
Person
Well I mean, there's the Federal Cleaner Act and other air quality standards that were created. And so any vehicle that is coming across the border has to be able to have these regulations. They have to be able to comply. And so that's what we're doing now, making sure that everybody is able to be ready for their transition and ready to go as we move forward.
- Rosilicie Ochoa Bogh
Legislator
Okay, so I understand that part, but how do we enforce and how do we hold them accountable?
- Nora Vargas
Person
Well most of the trucks have dual plates, and so we make sure that when they're crossing the border. They have all the they're able to comply, and if not, they get turned around.
- Rosilicie Ochoa Bogh
Legislator
Got it. Okay, thank you.
- Toni Atkins
Person
Thank you very much. Our last Senator. Smallwood-Cuevas. Go ahead.
- Lola Smallwood-Cuevas
Legislator
Thank you, Madam President. And thank you so much, for, being with us. Ms.. Vargas, I really liked how you opened up your introduction. Everyone, your goal and mission is for everyone to have clean air. And looking through some of your responses to staff questions, it's also very evident that you are prioritizing that this gets done through the practice of equity.
- Lola Smallwood-Cuevas
Legislator
And so I was really excited to see that in the previous life, I had the opportunity to organize with some of your constituents down in the San Diego area.
- Lola Smallwood-Cuevas
Legislator
And so folks who are in pockets of San Diego that are both immigrant, including a growing number of black immigrants in that rendon as folks in the migratory patterns are taking more bringing more and more folks from the continent to the Mexican border and as well as African American constituents in that region who are often in so many ayes living disproportionately at or below the poverty level.
- Lola Smallwood-Cuevas
Legislator
So I was excited to see in your responses a lot of focus on this notion of bridging the environmental transformation and revolution with the need for a racial justice priority and transformation in our state. So I was excited to see that.
- Lola Smallwood-Cuevas
Legislator
And in one of the responses, and certainly we know this in my district, that LA County is home to 14 of the nation's 25 worst cities for air pollution and it's particular concern in terms of diesel exhaust and the impact on families and carbs work to really focus in on those hardest hit communities, those residents who are on the front jones and fighting things like childhood asthma and disproportionate, ayes of cancer risk and eczema and a number of other health conditions that have grown to crisis levels in these communities.
- Lola Smallwood-Cuevas
Legislator
And I live a stone's throw from the nation's largest urban oil field and everyday residents are fighting back to ensure that we are doing all that we can to transition to renewable energy and reclaiming health in that part of the region.
- Lola Smallwood-Cuevas
Legislator
So my question is, as you have talked about, the need for prioritizing and ensuring clean air for everyone, I want to hear more about how do we, in fact, pull those communities that are on the front end of the impact most impacted communities which are largely black and brown and so often who are at the margins and bring them to the center of this conversation about clean laird and wanting to make sure how you would move.
- Lola Smallwood-Cuevas
Legislator
The cardboard to really ensure a racial justice agenda is a part of this environmental agenda that we want to see happen in the state of California.
- Nora Vargas
Person
Thank you so much for that question. I really appreciate it. One of the things that I think interesting about these institutions that have been these are created by us, before us. And so I think one of the things that Chair Randolph has done really well under her leadership and that I'm happy to partner up with her on this is really some of the internal work that needs to happen at CARB, right? And I think they've made it a priority to make sure that they have staff from across the agency that are bringing in their own experiences.
- Nora Vargas
Person
They're really thinking about what it looks like to really make CARB be a workforce that includes hiring, recruiting a workplace, a culture that really is an antiracist organization. And I think that's the first step, right.
- Nora Vargas
Person
You have to make sure that internally we the work and the governance piece and the organizational piece of the agency is one that understands that each different perspectives that are at the table matter and that all of those perspectives make a difference when we're making policy and or making recommendations, whether it's budgets or legislators creating our legislative priorities.
- Nora Vargas
Person
When it comes to the external piece of it. I really believe that our communities of color have experienced flora years, increased pollution burden because of the locations that they live and usually where there's industrial activities and traffic and other activities that take place that really impact us.
- Nora Vargas
Person
And I have to say that AB 617 is one of the ways that we can really the legislation by Garcia that really, I think, makes a difference because it really starts looking at how do we require the role? Of local air pollution districts, the implementation of community emissions reduction programs, adopting and implementing the technology and what it looks like to reduce technology and then really providing that data.
- Nora Vargas
Person
Because I think without data you can't make any real public policy decisions that are going to have a long term impact. And so for me, it's extremely important that we're looking at all these different tools as we're moving forward to make sure that we are really trying to create transformational change in our policy making process.
- Nora Vargas
Person
The other thing that I think that changed this year. As you know, the Scoping Plan is not a regulation or rulemaking process, but it's really just a plan on how we're going to achieve our climate goals and what we had in the last two years in this public process and public meetings.
- Nora Vargas
Person
There was a lot of public meetings, a lot of input, not only from the Legislature but from the Governor was really the partnership with the Environmental Justice Advisory Committee where you had representation, including our tribes and communities of color, who really talked about some of the challenges in developing the Scoping plan and what that meant for our communities.
- Nora Vargas
Person
And we're moving forward. And so I believe that we're headed in the right direction. There's a lot of work still to be done in us being able to achieve our goals. But I do believe that in partnership with community, in partnership with environmental justice advocates, climate advocates, we are really headed in the right direction and pairing that up with the necessary resources for implementation. In the transition is going to be key.
- Lola Smallwood-Cuevas
Legislator
Thank you for that and appreciate the inside out strategy. It starts internally and making equity real inside helps to determine if it can be realized outside. So I appreciate that.
- Lola Smallwood-Cuevas
Legislator
And I know, as you referred to the internal struggle and process that's happened within CARB, I know that in 2020 there were concerned black employees of CARB who sent a very thoughtful and comprehensive letter that I got a chance to read as part of preparing Flora today.
- Lola Smallwood-Cuevas
Legislator
And they called for a plan of action for racial change at CARB and really highlighted equity, diversity and environmental justice and making sure that the workforce internally was reflecting the communities that you all are and that we all are representing externally and that black employees were a critical part of that and were missing from the equation.
- Lola Smallwood-Cuevas
Legislator
And I know out of the process of education and dialogue, not running away from the issue, but really taking it on and working it, that the employees, along with CARB leadership and board and Members that there was a letter of commitment to a racial equity and social justice plan as well as some hiring of actual infrastructure to help move that plan.
- Lola Smallwood-Cuevas
Legislator
With two people to oversee the environmental justice and internal racial equity initiatives for recruitment and hiring. So can you please comment on how you will lift up and be an advocate for black staff and for the institutionalizing of practices that are part of this plan? And do you feel CARB has invested the appropriate resources to sufficiently implement a racial equity plan? It's not enough to have one.
- Lola Smallwood-Cuevas
Legislator
You've got to have the resources to put it into practice and action. And my last sort of question is what do you lee your role as a Member of the board to make sure that that happens?
- Nora Vargas
Person
A lot of work that has been done so far and the Office of Racial Equity is only one of the many, I think, infrastructure changes that took place so that we can really begin as an agency to incorporate racial equity into the policies and programs and regulations.
- Nora Vargas
Person
But I think beyond that, we also have to make sure that we are very intentional about our policy decision making process internally and externally. I think that the way CARB was able to address some of the challenges is the first good step.
- Nora Vargas
Person
We can't just talk about racial equity. We need to talk about anti blackness and we need to be able to not fear having those conversations as we're moving forward and really have an opportunity to look at our own personal biases as we're moving forward.
- Nora Vargas
Person
I do believe that the board is committed to making sure and Chair Randolph is committed to making sure that everyone at Clark Allen staff Members and those that are engaging with feel that they are being hart and that their concerns aye also being addressed.
- Nora Vargas
Person
And so I will do everything I can to make sure that I hold people accountable. I'm hoping that we're going to be getting reports. I served on the board of the California Teachers Retirement Board at one point and we used to get quarterly reports on the status of some of the changes that we have made.
- Nora Vargas
Person
And so I'm looking forward to getting reports from our CARB team to see where we are, how the numbers are changing and really moving forward so that we have inclusive. Diversity is part of our fabric and not necessarily something that we have to think about all the time.
- Lola Smallwood-Cuevas
Legislator
Thank you. Thank you for that appreciating that response and then fong sort of back to the external side of things coming from a district that is 60% black and brown, there is such a need for there to be a win win as we move into renewable energy and ways that we transform our environmental landscape.
- Lola Smallwood-Cuevas
Legislator
And we know California is addressing its climate crisis and we're implementing a number of sustainability benchmarks that the state has to meet and I want to ensure that we are focusing on the workforce behind these goals.
- Lola Smallwood-Cuevas
Legislator
And I think too often we are talking about the environmental change strictly from sort of a nuts and bolts change min the actual material environment and clean air which is absolutely priority, but how we get there is equally important in ensuring that we do incorporate lessons learned.
- Lola Smallwood-Cuevas
Legislator
Coming from South Central Los Angeles, one of the largest industrial corridors in the country. I know firsthand what happens when the economy makes a shift, when it's restructured there aye neighborhoods in South LA that are still recovering from the grove from an industrial economy.
- Lola Smallwood-Cuevas
Legislator
In the economy that we're in low and still are in recovery some 40, 50 years later. And so this is an opportunity, as we're moving from fossil fuel and all of the industry around, that it is absolutely critical that we have a just transition.
- Lola Smallwood-Cuevas
Legislator
But as we are looking at new technologies and new job classifications and apprenticeship and training programs, it is critically important that we are taking so many of those communities that have been left behind and centering them, particularly black and brown women and communities of color.
- Lola Smallwood-Cuevas
Legislator
So as we approach this shift to a green economy, we need to make sure that those targeted populations aye not sidelined, but prioritized and I know CARB, we also sort of silo what CARB's function is and what all the other regulatory and oversight boards and bodies do.
- Lola Smallwood-Cuevas
Legislator
But what is CARB doing to ensure that within the programs and policies that it implements, from air quality to electric vehicles, that good jobs where workers have voice, are integrated into your discussions and practices? And are you looking at these communities that have been historically left out of opportunity or were the last to be brought into opportunity? How would you prioritize to make sure that these targeted populations are priority recipients of these job opportunities?
- Nora Vargas
Person
I feel like there's still a lot of work that can be done at CARB around this issue because to your point, the silo right, we're trying to meet our air quality goals and that I think there's a lot of opportunities for us to really work with the local air pollution control districts.
- Nora Vargas
Person
And as we're looking at the actions that we really think about what the implementation of Green Jobs is going to look like, I mean, I can share with you that we in San Diego are creating a job transition plan to really focus on it's.
- Nora Vargas
Person
A report that really for the Board of Supervisors, really thinking about, what does this look like? What does a just transition look like? And so I think there's some work to be done.
- Nora Vargas
Person
What I will say that I've been I really have appreciated the way CARB in the last year or so that I've been engaged with the institution is that they really have done a good job of making sure that other entities aye also part of the discussion as we're looking at the different sectors, right? And so we're talking about transportation, we're talking about low, we're creating a reliable transit system.
- Nora Vargas
Person
Where does this come from, how do we create sustainable community strategies, et cetera. And so I think there's some work to be done on that, but know that the board Members of CARB and the Chair were all committed to really focusing on this because that transition can leave a lot of people behind if we are not intentional about how we're moving forward.
- Nora Vargas
Person
And so I think that as we're aligning our priorities, I think it's really important that we really are thinking about jobs and what that looks like for our communities. Particularly, I think there's a great opportunity to work with our local community colleges, with our apprenticeship programs, et cetera, et cetera, to make sure that we are meeting our goals.
- Lola Smallwood-Cuevas
Legislator
Thank you.
- Toni Atkins
Person
Thank you so much, Senator, and thank you, colleagues for, your questions and your comments, I appreciate again again, last, because I don't really have questions of Supervisor Vargas. She is my Board of Supervisors Member. She represents me. I know her history.
- Toni Atkins
Person
I know her work in the healthcare arena. I know her work in the South Bay. I am convinced that she is the right appointment to represent our area. I am sympathetic when I hear my colleagues speak. I am mindful of how we all represent different geographical areas with different issues.
- Toni Atkins
Person
From my colleague in Central Valley and the issues from the AG community to my colleague Min Los Angeles and the issues from a very large downtown and the industrial in that district to my other colleagues, we all represent. California is such a diverse state, geographically as well as in other ways.
- Toni Atkins
Person
So I appreciate you, Supervisor Vargas, and your grove. It's clear that you know the issues. It's clear that you have been working very hard as a Member of CARB, but also for a very long time on issues that can be impacted by your work on this board. So I am supportive with that.
- Toni Atkins
Person
We are going to go to Members of the public who have been waiting very patiently through this long hearing. And so I'm going to start right here in room 2200 and ask for those who wish to speak in support, name organization, if any, and your support go ahead. Welcome.
- Greg Herner
Person
Thank you, Madam Chair Members, Greg Herner, on behalf of Flagship Cruises and Events and their employees who are working to bring zero emission ferries to San Diego Bay and the surrounding communities, we just want to express our strong support for Supervisor Vargas's confirmation to the California Resources Board. Thank you.
- Toni Atkins
Person
Thank you so much for your testimony. Anyone further in room 2200? Okay, seeing no one else, we're going to go back to our moderator who has been so helpful and ask that you tee up those who wish to speak in support from the teleconference. And with that, let me welcome back our moderator and ask staff to put again on the screen the toll free number. I won't repeat it for a third or fourth time, but it's up there, it's on our website. Go ahead, Mr. Moderator
- Committee Moderator
Person
If you wish to make a comment and support, you may press one and zero at this time.
- Toni Atkins
Person
And again your name, your organization, if any, and your support.
- Committee Moderator
Person
At this time. There's no one in queue.
- Toni Atkins
Person
Thank you so much. We'll be right back in a moment. Having given that opportunity, we will come back into Room 2200 and see if there is anyone who wishes to speak in opposition. I see no one approaching the microphone. So, Mr. Moderator, we're coming back to you to see if you can tee up anyone who wishes to speak in opposition.
- Committee Moderator
Person
If you like to speak in opposition you may press one and zero at this time. Next time, there's no one in queue.
- Toni Atkins
Person
Mr. Moderator, thank you so much for your help today. We greatly appreciate it. Having given the opportunity for people to speak min opposition and support, I'm going to bring it back to committee for a motion.
- John Laird
Legislator
Senator Laird, I would move the confirmation of Supervisor Vargas to the CARP.
- Toni Atkins
Person
Senator, thank you so much. Madam Secretary, will you please call the role? Laird
- Committee Secretary
Person
Larid, aye. Ochoa-Bogh, not voting. Smallwood-Cuevas, aye. Grove, not voting. Atkins, aye.
- Toni Atkins
Person
So that is three to zero. Supervisor Vargas, let me say congratulations and thank you for your time. We will move this appointment on the full Senate for full confirmation. And again, thank you for your time and congratulations. Bye bye.
- Toni Atkins
Person
Okay, having concluded the public portion of the agenda today, let me thank all the individuals who participated in public testimony. If you were not able to testify today, but still wish to submit your comments or suggestions in writing to the Rules Committee, or visit our website for instructions, your comments and suggestions? Really are very important to us, and we want to make sure that you're included your testimony is included in the official record.
- Toni Atkins
Person
Thank you for your patience, cooperation. The Senate Committee on Rules will now move to Executive session.
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