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America What Now?! California Edition

This site reports managerial and supervisory abuse in the workplace. It promotes and sustains ethical conduct and behavior from supervisors, managers, directors and department heads. We foster honesty and integrity in the workplace. We support the removal of managers and supervisors who do not treat you with respect and dignity. We promote and foster a culture of innovation and creativity in state government service.


Arnold has failed miserably.

So the question is which one can get the job done?


What Now?! is happy to publish this below sent to us by a citizen who wants workers treated with dignity in the workplace.

"in addition to the frequent civil service, employment law, civil rights, and criminal law violations, one may now be able to sue the stinking bastards on bullying charges.... interesting, this will be of considerable interest for many people youknowwhere...
have a great day" (name withheld).

States Take Aim at 'Bully Bosses'
Copyright 2007 ALM Properties, Inc. All rights reserved.
Page printed from:

Tresa Baldas - The National Law Journal

Abusive bosses who bully employees could breed a new crop of employment litigation, warn employment attorneys, who say there's a growing movement across the country to make workplace bullying illegal.

Currently, 11 states are considering legislation that would give victims of abuse like taunting and yelling the right to sue for damages. They are Connecticut, Hawaii, Kansas, Massachusetts, Missouri, Montana, New Jersey, New York, Oklahoma, Oregon and Washington.

Under current federal and state laws, abused employees are only allowed to sue claiming some type of discrimination, such as race, sex or age discrimination.

Should employers be nervous?

Absolutely, say labor and employment attorneys, especially if companies consider a recent poll that found that a majority of Americans want the right to be able to sue a mean boss who taunts or bullies them. That poll, lawyers note, coupled with the proposed legislation should be a wake-up call to corporate America to get abusive bosses under control.

"If they don't get a handle on this in a proactive way, the legislatures and courts will take over," said labor and employment attorney Stephen J. Hirschfeld, CEO of Employment Law Alliance, a network of labor and employment attorneys that largely represent employers.

"I don't happen to believe that's in America's best interest. It'll open the floodgates to litigation," Hirschfeld said.


Cliff Palefsky of San Francisco's McGuinn Hillsman & Palefsky, a plaintiffs attorney who represents employee rights, said the anti-bullying movement is long overdue.

"There have been too many times when those kinds of people [abusive bosses] have been hailed as decisive, strong, take-no-prisoner types. They somehow get glorified," Palefsky said. "I think all of the publicity about workplace bullying is fantastic ... . It would be great if we could change the workplace without legislation, but it may be necessary."

The alliance released the poll last month that found that 64 percent of workers believe an abused worker should have the right to sue to recover damages.

The poll, based on a recent telephone survey of 1,000 American adults, also found that:

? 44 percent of employees have worked for a supervisor or employer who they consider abusive;

? 59 percent have experienced or witnessed bosses criticizing employee performance in front of co-workers.

? 50 percent have been personally insulted by bosses, or have witnessed such insults in the workplace.

? Southern workers are less likely to have experience with an abusive boss (34 percent) than are their Northeastern (56 percent) and Midwestern (48 percent) counterparts.

Hirschfeld said the poll was conducted largely in response to the growing movement by states to regulate mean behavior in the workplace.

Connecticut, for example, wants to outlaw "threatening, intimidating or humiliating" conduct by a boss or co-worker and would ban repeated insults and epithets. The proposal doesn't specify a penalty, but would only give workers the grounds to sue.

New York's anti-bullying legislation targets malicious conduct by supervisors that hurts employees either physically or psychologically. Mental health harm could include humiliation, stress, loss of sleep, severe anxiety and depression. The bill also would punish retaliation of the complainant or anyone who helps the complainant.


Several attorneys meanwhile, believe the proposed bills raise concerns about whether courts or juries should be allowed to regulate workplace behavior.

"The Supreme Court, in making harassment illegal, made clear that you can't have a general civility code in the workplace," said Mark Cheskin, head of Washington-based Hogan &Hartson's labor and employment practice in Florida.

Having said that, however, Cheskin noted that abusive bosses are already creating legal headaches for employers. He said that he's seen an uptick in discrimination cases in recent years. And in most cases, an abusive boss is behind the allegation.

"The abusive behavior gives the plaintiffs' bar what they need to work with," Cheskin said. "But most of the time, bosses are not as bad as the plaintiffs say."

And the courts shouldn't be the forum for griping about a mean boss, said John Barry of New York-based Proskauer Rose's Newark, N.J., office. "A jury has to realize that they cannot be a super personnel, human resource committee," he said, citing several court opinions that discuss regulating workplace behavior.

Among the cases was a 2nd U.S. Circuit Court of Appeals 2001 ruling, which held "[The court's] role is to prevent unlawful [employment] practices, not to act as a super personnel department that second guesses employers' business judgments." Alfano v. Costello, 294 F.3d 365, 377.

Barry believes the proposed anti-bullying bills are "ripe for abuse" and will expose employers to unnecessary litigation. For example, he said, employees who can't handle valid criticism from supervisors could interpret it as harassment or bullying.

"How is a manager supposed to react in those circumstances?" Barry said. "It can turn into a slippery slope very quickly."

Attorneys note that there is very little case law in the area of bullying.

One landmark bullying case is an Indiana 2005 case in which a heart surgeon was ordered to pay $325,000 after allegedly screaming at and lunging toward an employee following a dispute.

But in December 2006, an appeals court overturned the verdict, claiming the evidence of assault was thin and the depiction of the defendant as a bully was misleading to the jury. Doescher v. Raess, 858 N.E.2d 119 (Ind. Ct. App. 2006).

Subject: Contra Costa Times: Controller to audit PUC after Times story
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I thought you might find this article of interest.

Controller to audit PUC after Times story by Thomas Peele

The state Controller's Office will audit the California Public Utilities Commission's debt collections systems after the Times reported that $33 million in fines, mostly levied against telecommunication companies for consumer protection law violations, have gone uncollected since 1999. View full story below:

Forwarded message
From: Yaya Fanusie <>
Date: Apr 18, 2007 3:59 AM
Subject: Improper appointment of Paul Clanon to the position of Executive Director

Ms. Laura Dancer
Human Resources Director-CPUC

Dear Ms. Dancer,

This is to inform you that the Concerned Staff Committee directed me to state that the appointment of Paul Clanon to be Executive Director of the California Public Utilities Commission is improper because it violates several government codes, and also it is inconsistent with the State of California Fair Employment law.

I have researched the various California Codes that govern the classification of Executive Director position, and it is evident that required legal and lawful practices were not followed. I know that you are new at the CPUC, and I am assuming you have not done or exercised due diligence so that you can be on guard to protect your professional integrity and competence. There are too many dishonest characters there. So you have to be careful. I googled your name, and I can tell that you are the best person for that HR DIRECTOR JOB.

I spoke (phone) briefly with you Tuesday, and you explained to me that the appointment was proper and you cited what you perceived as the enabling PUC CODE for the exercise of the decision. You were recently appointed, and I believe you did not know what was going on.

This is how I plan to proceed:
I will be contacting the following, 1. Ms Suzanne M. Ambrose, Executive Director of the State Personnel Board(SPB), The Attorney General Jerry Brown and the Governor Arnold Schwarzenegger.
You have now been informed that the appointment is improper.

Please conduct your own independent investigation and see what you discover.

Yaya Fanusie, PhD
Publisher of What Now?! Newsletter
The Concerned Staff Committee

To Governor Schwarzenegger
What Now?!
199 Montecito Ave. Suite 307
Oakland, California 94610
April 18, 2007

Governor Arnold Schwarzenegger
State of California
State Capitol
Sacramento, CA 95814

Dear Governor Schwarzenegger:

Subject: Improper appointment of Paul Clanon to Executive Director of the California Public Utilities Commission

The Concerned Staff Committee of CPUC and What Now?! Newsletter would like you to direct President Michael Peevey to immediately rescind the appointment of Paul Clanon to the position of Executive Director of the California Public Utilities Commission. We urge you to prevent Paul Clanon from assuming the position on May 01, 2007.

It is our position that the relevant California Government Codes governing the appointment process and procedures were not followed but were deliberately ignored. Peevey did this four years ago when he appointed Bill Ahern as Executive Director and we asked you to remedy the situation.

The vacancy was not announced so as to allow other qualified candidates within the Commission and outside to compete for the position.
The Executive Director position is a CEA POSITION and all such positions are covered by civil service laws and rules and the relevant government codes.

Are you going to allow secret appointments under your watch? Are you going to sanction blatant violations of the civil service codes and employment laws of the State of California? Are you going to allow dishonest managers like Peevey to sabotage and violate Fair employment practices of the State Government of California?

We believe this is not a mistake or display of incompetence by President Peevey. This conduct is a deliberate decision to bypass/violate the employment laws, rules and government codes of the State of California. Such acts should not be acceptable to you. We have suggested to you in the past that you need to focus on the top mangers of the bureaucracy and fire the incompetent and dishonest managers and leaders of various state agencies.

We plan to raise this matter with the Attorney General Jerry Brown. Talk to your Chief of Staff Susan Kennedy. She will assure you that Commissioners at the Commission have no knowledge about the corrupt practices of senior management at the CPUC.

We expect that you would follow the required government code required punishment for such violation. We have not cited the relevant government codes because we want the relevant managers at the CPUC to do the ‘homework”. And report their findings to you. Also, the State Personnel Board should be asked to get Peevey and CPUC MANAGEMENT to comply with civil service laws, California Government Codes and the Federal and State Fair Employment laws and regulations.


Yaya Fanusie, PhD
Publisher, What Now?! Newsletter

Cc: Susan Kennedy, Chief of Staff
Dan Dunmoyer, Deputy Chief of Staff and Cabinent Secretary
Jerrry Brown, Attorney General
Suzanne M. Ambrose, Executive Officer of California State Personnel Board
Laura Dancer, Human Resources Director-CPUC
M. Peevey, President-CPUC
Paul Clanon
Jane Richmond, Testing Branch-CPUC
M. Alieu Iscandari, Esq-What Now?! Newsletter Attorney
The Press

What Now?! Newsletter
199 Montecito Ave Ste.307
February 14, 2007
Oakland, California 94610

An appeal for information from EDD employees of the State of California.


We need your help! Give us information about your managers and supervisors that are mean to you.

That disrespects you on the job.

That does not take your suggestions on how to do the job better.

Describe to us how they act that makes you not want to come to work.

Are promotions fair?

Have you seen activities of waste of resources? Did you tell your supervisors? What did they do?

Are you happy to be at work?

We need the information to compile a report we want to give to the Governor Arnold Schwarzenegger.

We want all managers and supervisors who are bad and incompetent fired or demoted.

Please help us. You can make the change in your worksite.

Yaya Fanusie, PhD
Publisher of What Now?!
Concerned Staff Committee

State Employees
Have you witnessed or experienced the following:

• Supervisory and management abuses?
• Bad Decisions?
• Corruption?
• Incompetence?
• Illegal or improper activities at your work site?

Then contact us here.


For Distribution To EDD EMPLOYEES:

Deaths of California State Employees blamed on managerial and supervisory abuse.

The Concerned Staff Committee of the Employment Development Department is investigating the allegation that the recent deaths of two employees of the Department were the results of stressful working condition(stressors) created by managerial and supervisory abuse.

This perception is endemic in the department cause by having managers and supervisor with rudimentary people skills, zero-trans-cultural knowledge, and zero ability to lead and manage diverse knowledge workers who are more educated and far more professionally competent than the managers are.

What Now?! is working on this investigation and we intend to contact the Governor, Arnold Schwarzenegger about our information obtained.

We need help from you!

We need past and current employees of EDD to contact us or send us tips/information about conduct and behavior of managers and supervisors.

Tell us how you were treated or what you witnessed about managers and supervisors conduct.

Tell us what you know and witnessed about the following managers:

•Patrick Henning, Director of EDD
•Manager Linda Serrano
•Administrator Dale Chatham
•Office Manager Carol Saunders
•Pat Lujan
•Donzella Adams
•Mary Archer
•Roberts Leeds
•Linda Bateman
•David Dea
•Anyone else we need to know

We will keep your identity secret.

We will investigate every tip we receive and pass it on to the governor.

Please help us change the oppressive conditions widespread in the EDD worksites.

You must work in a fear free workplace.

Yaya Fanusie, PhD
Publisher of What Now?! Newsletter
Phone: 510-465-6739


Make copies and distribute to your co-workers.


What Now?! is investigating-work in progress-the following and the reports will be published.

  1. The allegation that the death of an employee of Employment Development Department in Oakland, California was the result of managerial and supervisory abuse. The employee died at work 2006.
  2. The allegation that Mr. Michael Peevey, President of the California Public Utilities Commission in San Francisco watched porn on state computer in the Executive Office, 505 Van Ness Ave. San Francisco.
  3. Is the California Public Utilities Commission anti-Arab, Anti-Moslem and Anti-Indian? and also anti-semite?
  4. Are the CALTRANS managers responsible for the the Bay Bridge budget over run still working for the state?



Managerial_Incompetence 2

Managerial_Incompetence 3

Letter to Arnold Schwarzenegger

Letter to Arnold Schwarzenegger 2

Report to Arnold Schwarzenegger

Harrassment, Retaliation and Discrimination Continues

California Public Records Act August 2006 Request

Jennifer Ann Bower
Interim Human Resources Director

Jennifer: About The America What Now Website

A Letter to Arnold Schwarzenegger

"Skelly Meeting"

San Mateo County Times Endorsement

Rejection during Probation

Regarding meeting with Rich Clark on Jan. 30th

Whistleblowing Act Information.

Public Records Act Resquest

Public Records Act Request, STR 1021

Re: Public Records Act Request

Whistleblowing Act Information no.2

Public Records Act Resquest no.3

CPUC Bureaucracy- A reminder to Executive Director Stephen Larson-Resent on September 24, 2005


Larson-To Larson 26 Sept 05

Patrick Mcdermott: You are now an object of interest to me

Modified Phone access from the Public to License Section

"Declaration" at the Executive Director

Improper activities and misuse of State Funds by Haji Jameel

Name of Staff Attorney assigned to Human Resources Division

Public Records Act Resquest no.4

Copy of letter sent to Bob DeGroot on 8-8-05

State Controller-Westly-10-30-05-public records act request

2005 Articles


Peevey and Tax Shelters.

Whistleblower Gets $500,000 to Settle Claim Against State.

Advice to Governor Schwarzenneger

To Steve Larson

Domains of Accountability Project - The Conditions at California Public Utilities Commission

From Green, Vibert

Creation of Deputy Executive Directors for the Commission: is the creation in compliance wirh PUC CODES and the State of California Government Codes on Classification and Compensation, and Public Announcement of vacancies.

Your investigation is requested.

Merit Issue Complaints

New Carpets

The Position of Executive Director is Irrelevant

Lexmark Copier/Printer/Fax Machines

Unprofessional Management Conduct

California Constitution Article 5. Sec1. The Governor shall see that the Law is faithfully executed.

Paul Clanon attempted instigation for others to Violate of The California State Staffing Reductions Policy and Procedure.

CPUC Energy Director Paul Clanon’s role in the Energy Deregulation of California

Your appointment of Paul Clanon and Laura Doll to be Deputy Executive

PUC Code 309.5(B) and due diligence

Paul Clanon's Fitness for Position of Deputy Executive Director of CPUC

Abdication of the Executive Director Position by Steve Larson-Memo of December 17, 2004 to all PUC with subject "Management Team"

Paul Clanon as Deputy Executive Director of the Commission


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