June 05, 2006 - National Guard tangles with state lawmakers seeking changes

National Guard tangles with state lawmakers seeking changes

News Article/Sacramento Bee

By John Hill -- Bee Capitol Bureau
Published 12:01 am PDT Monday, June 5, 2006

Even as the California National Guard faces new duties patrolling the border with Mexico, it is trying to fend off changes proposed by legislators who say they want to reform the state's military.

Guard officials are "mouthing reform, and meanwhile, behind the scenes, they're working against reform," said Chris Schnaubelt, first vice president of the National Guard Association of California, a nonprofit organization of active and former Guard members.

The state Military Department says it is merely trying to work with legislators to promote changes that will succeed.

"Of course, we are reforming," said spokesman Jon Siepmann. "We have reformed the department in a number of ways. That doesn't mean we're going to agree with every piece of legislation put forward about the Guard."

One bill would give the department an independent inspector general; another would prohibit the department from unauthorized domestic law enforcement.

A third bill would have limited the pay of state soldiers who already get federal pensions, but that provision was taken out in response to National Guard objections.

The spate of bills is unusual and appears to be a response to negative news coverage about the Guard in the past year, as well as its heightened profile in the Iraq war and other operations, said Col. Dave Baldwin, Guard director of operations and legislative director for the National Guard Association of California.

The Military Department isn't resisting change, Baldwin said, but only trying to ensure that changes are sensible.

"What the department is working toward is to make sure we get good policy and good law," he said.

But state Sen. Joe Dunn, D-Santa Ana, author of the bill that would prohibit unauthorized domestic law enforcement, said the Military Department is digging in its heels for no good reason.

"They are absolutely in overdrive in opposition to at least my bill," he said.

The Guard has come under fire in the past year on a number of fronts. Last summer, the San Jose Mercury News reported that the Guard had quietly set up a unit with broad authority to analyze potential terrorist threats. That led Dunn to launch an investigation into that and several other matters.

A Sacramento Bee report in November found that the Military Department maintains an unusually large and sometimes unchecked bureaucracy known as a lucrative destination for those whose federal military careers have ended.

Last summer, lawmakers ordered a wide-ranging audit of the Military Department's management and recruitment and retention practices. That audit is expected to be released Tuesday.

Assembly Bill 2620 by Assemblyman Tom Umberg, D-Santa Ana, would create a position of inspector general in the state department to handle complaints from soldiers on the state payroll. A similar position already exists for National Guard members whose paychecks come from the federal government.

Umberg's bill has been approved by the Assembly and is headed to the Senate.

The Military Department says it supports the idea but has objected to some of the details. Among provisions still at issue are whether the inspector general should report to the governor, the Legislature or the adjutant general -- the head of the National Guard -- and whether the position should be inside or outside the normal chain of command.

Senate Bill 1697 by Sen. Nell Soto, D-Pomona, would have reduced the pay of state soldiers by the amount they already were getting in federal pensions. As it is, workers can collect a federal pension and a full state salary.

Soto's bill also would have required the adjutant general to convene a panel every two years to determine whether soldiers on the state payroll should continue in those jobs.

Although the Military Department took no official position on that bill, it said those provisions were unfair to veterans seeking to work for the state and repetitive of actions the department already takes to review soldiers' performance.

Soto deleted them, leaving only a requirement that state soldiers have the right to be re-employed in their former Guard positions after being mobilized for federal duty.

Dunn's measure to prohibit unauthorized domestic law enforcement, Senate Bill 1696, was approved by the Senate last week and goes now to the Assembly.

The Military Department argues that Dunn's bill would hamstring the governor's ability to order the National Guard to perform law enforcement duties during emergencies, which has long been the custom.

Dunn said his bill would allow any activities authorized by state or federal law.

He said the Military Department is unable to point to any of its normal activities that would be prohibited by the bill.

"That tells me there's more that they're involved in than they're willing to admit publicly," he said.

In general, Dunn said, "there is a historic resistance by the Guard leadership to any tinkering by the Legislature or the executive branch."

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National Guard tangles with state lawmakers seeking changes


News Article/Sacramento Bee By John Hill -- Bee Capitol Bureau Published 12:01 am PDT Monday, June 5, 2006 Even as the California National Guard faces new duties patrolling the border with Mexico, it is trying to fend off changes proposed by legislators who say they want to reform the state's military. Guard officials are "mouthing reform, and meanwhile, behind the scenes, they're working against reform," said Chris Schnaubelt, first vice president of the National Guard Association of California, a nonprofit organization of active and former Guard members. The state Military Department says it is merely trying to work with legislators to promote changes that will succeed. "Of course, we are reforming," said spokesman Jon Siepmann. "We have reformed the department in a number of ways. That doesn't mean we're going to agree with every piece of legislation put forward about the Guard." One bill would give the department an independent inspector general; another would prohibit the department from unauthorized domestic law enforcement. A third bill would have limited the pay of state soldiers who already get federal pensions, but that provision was taken out in response to National Guard objections. The spate of bills is unusual and appears to be a response to negative news coverage about the Guard in the past year, as well as its heightened profile in the Iraq war and other operations, said Col. Dave Baldwin, Guard director of operations and legislative director for the National Guard Association of California. The Military Department isn't resisting change, Baldwin said, but only trying to ensure that changes are sensible. "What the department is working toward is to make sure we get good policy and good law," he said. But state Sen. Joe Dunn, D-Santa Ana, author of the bill that would prohibit unauthorized domestic law enforcement, said the Military Department is digging in its heels for no good reason. "They are absolutely in overdrive in opposition to at least my bill," he said. The Guard has come under fire in the past year on a number of fronts. Last summer, the San Jose Mercury News reported that the Guard had quietly set up a unit with broad authority to analyze potential terrorist threats. That led Dunn to launch an investigation into that and several other matters. A Sacramento Bee report in November found that the Military Department maintains an unusually large and sometimes unchecked bureaucracy known as a lucrative destination for those whose federal military careers have ended. Last summer, lawmakers ordered a wide-ranging audit of the Military Department's management and recruitment and retention practices. That audit is expected to be released Tuesday. Assembly Bill 2620 by Assemblyman Tom Umberg, D-Santa Ana, would create a position of inspector general in the state department to handle complaints from soldiers on the state payroll. A similar position already exists for National Guard members whose paychecks come from the federal government. Umberg's bill has been approved by the Assembly and is headed to the Senate. The Military Department says it supports the idea but has objected to some of the details. Among provisions still at issue are whether the inspector general should report to the governor, the Legislature or the adjutant general -- the head of the National Guard -- and whether the position should be inside or outside the normal chain of command. Senate Bill 1697 by Sen. Nell Soto, D-Pomona, would have reduced the pay of state soldiers by the amount they already were getting in federal pensions. As it is, workers can collect a federal pension and a full state salary. Soto's bill also would have required the adjutant general to convene a panel every two years to determine whether soldiers on the state payroll should continue in those jobs. Although the Military Department took no official position on that bill, it said those provisions were unfair to veterans seeking to work for the state and repetitive of actions the department already takes to review soldiers' performance. Soto deleted them, leaving only a requirement that state soldiers have the right to be re-employed in their former Guard positions after being mobilized for federal duty. Dunn's measure to prohibit unauthorized domestic law enforcement, Senate Bill 1696, was approved by the Senate last week and goes now to the Assembly. The Military Department argues that Dunn's bill would hamstring the governor's ability to order the National Guard to perform law enforcement duties during emergencies, which has long been the custom. Dunn said his bill would allow any activities authorized by state or federal law. He said the Military Department is unable to point to any of its normal activities that would be prohibited by the bill. "That tells me there's more that they're involved in than they're willing to admit publicly," he said. In general, Dunn said, "there is a historic resistance by the Guard leadership to any tinkering by the Legislature or the executive branch."
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