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talkofthetown - > Talk of the Town -> Milking the system or just getting his due?
Milking the system or just getting his due?
Judge Richard Oberholzer is on vacation -- until the end of the year. The fiscally conservative judge is burning up months of vacation time and may consider retiring after he's gotten through the backlog. (If he retires before using all the vacation he doesn't get any compensation)

Until he formally retires, however, the courts have to deal with a vacancy. They can't replace him.

So what do you all think? Is Oberholzer milking the system and hosing the taxpayers? Or is he just getting his due after skipping vacations for many years past?
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posted by talkofthetown on Wednesday, June 27, 2007 at 08:24 AM
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posted by happyreader on Jun 29, 2007 at 09:14 PM
Y'all should leave Judge Oberholzer alone.  He is a good and hard-working judge who has served this community for a long time.  Judge Oberholzer earned every minute of his vacation.  He is legally entitled to it.  He should take his vacation, enjoy it, and not be criticized for doing so. If he is on vacation at this very moment and happens to read this post, I say, hats off to you, Judge Oberholzer, enjoy every moment!  (And have a cold one for me, too!)     
posted by stickbugs on Jun 28, 2007 at 10:27 PM
Thanks!
posted by on Jun 28, 2007 at 09:30 PM

Our judges are not county employees.  They are state employees.  I believe Talk of the Town's statement is correct as it applies to Judge Oberholzer.

 

posted by stickbugs on Jun 28, 2007 at 08:43 PM
pamg ...  is Talk of the Town's statement "If he retires before using all the vacation he doesn't get any compensation", not exactly true then since he could have been paid the accrued vacation time or gone out on terminal vacation?
posted by pamg on Jun 28, 2007 at 04:44 PM

Stickbugs, the County does not allow "years and years" of vacation time to accrue.  The maximum accrual for an employee with 15 or more years of service, is 672 hrs.  (this equates to approximately 16 weeks) When (if) that number of hours is reached, vacation time stops accruing until some of it is used.  At retirement, the employee is given the choice of being paid out their accrued vacation time, or taking "terminal vacation" which means that the employee may give a "quit date" several months in advance (depending on how much time is accrued), but actually stop showing up for work in a week or two, and actually use the rest of his/her vacation time.

With sick leave, there is a percentage of accrued time that one can take payment for upon retirement, but I'm not sure if it's a lump sum, or if it actually changes the monthly benefit amount of the retiree over his/her lifetime.

posted by Alvidrez22 on Jun 28, 2007 at 10:26 AM

Hi, I'm Adam Alvidrez. I took a Criminal Justice class that Judge "O" taught years ago. I learned a lot about the court process and it was very apparent at the time, that Judge "O" was very passionate about his job. I learned to appreciate the work that goes into the system.

No doubt he has worked very hard for his vacation, and I agree with some of you, if he knows for a fact that he's going to retire right after his 6 months vacation, then the County/State should start the replacement process now, it just makes sense. But, Judge "O" has said, he'll  "probably retire next year". .that doesn't mean in January 2008 or March 2008. "next year" means anytime next year, so as much as we want to proceed, we can't. That's the reality, and he should be able to enjoy his vacation without feeling guilty for taking one, and putting up with all of this crap.

posted by RoyTullis on Jun 27, 2007 at 09:23 PM
Oberholzer is one of the best judges in the system.  Fair and professional.  If he had taken his vacation when due a substitute would have still been hired to replace him if the other judges could not take up the slack.  Most County employees are paid for accrued  vacation up to a certain number of days.  It used to be up to earned vacation in a two year period. He earned it and has a right to take it.
posted by stickbugs on Jun 27, 2007 at 09:10 PM

My employer only allows us to accrue up to 2 years worth of vacation time.   My husband's employer doesn't accrue past years vacation at all, you lose everything after June 30th if you didn't use it during the year.  I didn't realize that the county allowed years and years of vacation to build. 

I agree with theColorNine...pay the man the vacation money and get on with it.  But I do think that a policy should be in place that requires more timely use of vacation time. 

Does anyone know if the county allows you to get paid for your accrued sick when you retire or do you have to "go on vacation"?

posted by theColorNine on Jun 27, 2007 at 09:00 PM

Just pay him all his accrued vacation time and let him go so that a new judge can be appointed.

What do some of you find objectionable about the consultant work?  It sounds like you hold it against the individual who might engage in it, rather than the entity which employs the consultant.

posted by jfrancais on Jun 27, 2007 at 04:44 PM
As Snoop Dogg says, "The game is to be sold not told"... That would be true in this case.
posted by dusty1215 on Jun 27, 2007 at 04:37 PM
They should outlaw that 'consultant' crap.
posted by Mom2CandC on Jun 27, 2007 at 04:36 PM

I say that anyone who has worked as many years as Judge Oberholzer has - and who had dealt with the garbage he has through the years is taking his due vacation!  When I was a county employee, and left  for Maternity leave, I used every ounce of Comp. time, vacation time, sick time and every ounce of any time I had left (with pay of course) before I had to decide whether or not to return to work.  Of course, I knew in my heart that I didn't want to return....and I was thankful not to have to!

I do feel as though he deserves full compensation for his time - but putting the court system (and our local judges who are already over worked and stressed) is ridiculous.  I agree with randomfactor - I would be ticked off if he did what many others have done - retired, gotten paid his full vacation and then signed on to do the same job at "consultant's" prices.   

posted by jfrancais on Jun 27, 2007 at 04:23 PM

My thoughts? Her union negotiated very favorable perks in her contract. Excusing teachers from jury duty to cut cost is not a good idea. People complain about the current jury pool already without diminishing it further.

Congrats on the judge getting 6 months paid vacation time. It's part of his benefits package and he earned it.

posted by tja2fordsters on Jun 27, 2007 at 04:15 PM

My first question is why in the world sick time ever came into this conversation?  That was not part of the original topic.

Second, I say just pay the man what he would have earned for that vacation time and get a new judge in there ASAP.  Is it really that hard?  Do you honestly believe that he would not take that offer if they gave it to him?

You want to talk about wasting tax payers money, we need to start working on other ways within our court system to cut costs.  For instance... teachers on jury duty.   A good friend of mine is an elementary school educator and was recently called for jury duty.  She went, was paid for her time there (salary & jury pay)... and the city also had to pay for her temporary replacement.  If every teacher in the city/county were excused from jury duty then we would no longer be double paying staff from the budget.

thoughts?

posted by jermox on Jun 27, 2007 at 04:05 PM

When I was called to jury duty I served on Oberholzer's trial.  Like most judges I had to serve jury duty under, Oberholzer seemed to genuinely care about not wasting taxpayers dollars.  Oberholzer was quite nice until the lawyers' lack of readiness caused the case to be extended longer than it should have.  I cannot blame him for wanting to use the vacation time that he has earned while working for the superior courts.

And, at my work, unused sick pay is paid out at the anniversary of your hiring if not used up throughout the year.

posted by theColorNine on Jun 27, 2007 at 03:44 PM

Here's the "sucky deal," to quote pamg, in my opinion:  I heard Oberholzer gave no advance notice of his intention to be gone for half a year.  I heard he finished up with court business last Friday afternoon, cleaned out his chambers (is that the sign of someone who plans to return??), and announced he was going on *vacation* for six months.  Regardless of whether or not he earned the extended time off, tax payers will now have to pay additional for retired judges to take the case load Oberholzer would have had.  Either that or put an extra load for an extended period of time on the already overworked judges and other court personnel.  May I see a show of hands, please, who among us has an employer and fellow colleagues who would take kindly to one of us flipping off the lights late on a Friday afternoon and saying, "Oh, btw . . .  I'm not coming back for six months.  Deal with it."  All I see here is someone who thinks only of himself; just like when he basically told the prosecutor in the Sons case "Screw your wedding plans.  I want you to try the case when it's convenient for me."

And something else doesn't sit right with me about this:  Will we be seeing other judges (who I believe are technically state employees) and county employees using this same tactic when they decide to retire?

 

posted by redkernhero on Jun 27, 2007 at 03:08 PM
ShSSSSSS, this is one of the "good guys"!!
posted by pamg on Jun 27, 2007 at 02:37 PM
Bakersfield, you don't "lose" sick time.  It's available for use IF you get sick.  If you stay healthy and don't need that sick-pay benefit, then you're that much better off.  But you're not supposed to get paid for unused sick time.  But getting your vacation paid out at half time sure sounds like a sucky deal!
posted by spacemonster on Jun 27, 2007 at 10:59 AM

He earned the vacation through years of public service.... he has every right to take it.

posted by randomfactor on Jun 27, 2007 at 10:19 AM

Folks would scream if he were simply paid for the vacation time, too. 

.

Now, where you're "milking" the system is when you retire, then sign back on as a "consultant."  *THAT* I would object to.

posted by bakersfield on Jun 27, 2007 at 10:01 AM
It's a use it or lose it situation. I lost several weeks sick time and vacation (the vacation was paid out at 1/2 rate) when I left several years ago. When you work mandatory overtime and might get one day off every two weeks, there isn't alot of time for vacations. Would we be bitching if he wasn't retiring after his vacation? I know guys on the force that have enough time to take a year off. Go for it dude!
posted by mildmannered1 on Jun 27, 2007 at 09:34 AM
I don't know if he's a county employee or state, but this sounds like the county's arcane retirement process for longtime employees.  It's nothing personal for Judge Oberholzer.  It's the same for us lowly employees, too.  Please, let's not trot out the old public employees feeding at the trough.  That's crap.  We haven't had a raise for 3 years and our wages have been going backwards.
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