Tom Weseloh's Thoughts on the Prevailing Wage Issue
First of all, I'd like to thank all of the folks that are trying to help with this issue. I realize there are many differences of opinion and I hope we can come closer to some sort of consensus in a open and productive forum. I also hope that my comments are viewed as intended which may include some criticism but hopefully in a constructive manner that will help lead to resolution. They are not prioritized. 1. We need full inclusion of stakeholders. Many restorationists, landowners, agency personnel, etc. have NOT been included in our discussions via email, phone or the meeting held by ASJE in Eureka. We need to be more inclusive and communicate more openly and efficiently. 2. We do NOT know where we stand today. Everyone assumes that the July 2003 DIR ruling and legislation from 2002 (SB 975 - Alarcon) and 2003 (SB 278 - Machado) have changed the way we do business. The Schwarzenegger Administration, Legislative Counsel, state agencies, lobbyists, unions, restoration workers, etc. are not in agreement on where we are today and opinions are not consistent and often conflicting. I believe we need a ruling from the Attorney General's office. 3. We have been told by labor representatives that the above mentioned legislation supercedes F&G Code Section 1501.5 (which provides an exemption for some projects up to $50,000). This Section is being considered as a "bargaining" chip for "amnesty" for past and current liabilities. 4. The Labor Code, Section 1771.5, provides exemptions for projects up to $25,000. 5. AB 2690 appears to be the current vehicle to address volunteerism but is not currently addressing "amnesty" or prevailing wage issues. 6. Unfortunately, we are in a time crunch. A legislative fix is required ASAP. I'm afraid we are in a bind where legislation will be moving before adequate discussion can take place. 7. Do not expect any of the state agencies or Administration to lead us in an effort to resolve the problems. Bottom line: all grant recipients and participants are facing liability issues and the program is threatened. If we do not act soon we risk losing the workforce, willing landowners, program funding and, in general, our ability to conduct restoration. I urge you to actively participate in efforts to exempt volunteers, secure "amnesty" for past and current projects and maintain a functioning restoration program so that fisheries restoration can continue. Sincerely,
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