GPS Is Illegal On County Workers


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I'll put the comment before the opinion piece for an easier understanding of the issue.The County is again breaking the law and abusing the rights of the County workers.

EyesWideOpen 1 day ago wrote:

The reason GPS tracking is used is to discipline employees. If Mr. Uffer were legitimately concerned with employee safety, he would use this system on employees working in dangerous locations, not someone who's at the Sizzler for 20 minutes in the middle of the day.

Even if he were being truthful as to the reasons for using GPS tracking on employees, it would still be illegal. From the California Penal Code:

637.7. (a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person.
(b) This section shall not apply when the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle.
(c) This section shall not apply to the lawful use of an electronic tracking device by a law enforcement agency.
(d) As used in this section, "electronic tracking device" means any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.
(e) A violation of this section is a misdemeanor.
(f) A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3(commencing with Section 5000) of the Business and Professions Code.

 

One More for Grand Jury


10:00 PM PDT on Thursday, August 21, 2008

CASSIE MACDUFF

The San Bernardino County grand jury just wrapped up its investigation of the assessor's office for political activity allegedly being conducted on county time and county equipment.

Now it has something else meaty to chew on: Two public health officers resigned in quick succession. On his way out the door, the most recent one, Dr. Maury Manliguis, lobbed a bombshell.

In a letter to county supervisors, he questioned the competence of public health department administrators and accused them of creating a hostile workplace with bullying, intimidation and manipulation.

Manliguis called for a grand jury investigation, and at least one supervisor has forwarded his missive to the panel.

County Administrative Officer Mark Uffer welcomed a probe: "Bring the grand jury in. We will sit down with them and go over every (detail)."

The cause of all the turmoil, according to Uffer, is a reorganization of the way the county delivers health services, including public health.

The plan is to create clinics throughout the county where residents can get immunizations for their children, prenatal visits for expectant mothers and substance-abuse counseling for addicts at single locations, instead of having to travel from clinic to clinic.

Uffer said he and his director of public health, Jim Lindley, are running into resistance from some longtime employees who are set in their ways.

But some of Manliguis' accusations sounded familiar.

A former union representative told me environmental health services workers -- the ones who inspect restaurant kitchens and award letter grades depending on the cleanliness -- are being hounded and hamstrung by their superiors.

The inspectors' movements are tracked by global positioning systems in their cell phones so their bosses know not only where they are, but how long their lunch breaks are and how fast they are driving.

Henry Swain, the former union rep, isn't an inspector; he's an information technician who works with the inspectors. He says they're not being allowed to do their jobs.

They are threatened when they try to shut down restaurants for public health violations, and get bad performance reviews if they give too many B grades, he said.

Public Health Director Jim Lindley said restaurant inspectors must confer with their supervisors on restaurant grades and closures to ensure criteria are evenly applied.

But Swain fears an outbreak of food-borne illness if the interference continues.

The purpose of the GPS tracking is employee safety, Uffer said. If an employee is stopped too long in one location, a supervisor can send help.

I was able to talk to three inspectors who confirmed what Swain told me. But they wouldn't let me quote them for fear of being fired.

Uffer said he's heard the allegations, too, but no one has brought him proof.

If an employee produces documentation that a failing restaurant grade was changed or a shuttered restaurant reopened without problems being fixed, Uffer said he would act.

He promised the employee would not suffer retaliation.

It will take an act of faith for an employee to come forward. But for diners' sake, I hope some brave soul takes the chance.

Cassie MacDuff can be reached at 909-806-3068 or cmacduff@PE.com



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