Oakland Tribune from Oakland, California • 27

-V 4T! 0 'CV -7- -S 'V tlrfbun I HiQ fV o)yO V7 t-V VIUUI1 LI yT -r w'-V Wednesday, December 5, 'jki. 1 I a 4 7 i 'a ni. jtf k4. -Si fell appeals A 4-'f I .1.7 7 vs 1 By Angal Fimindw Triitaw San FrandMo BwaM a request to speak offfee record." Insisting that the defendant's In his petition for a rehearing rights were scrupulously hon- of the Supreme Court's decision ored, the state attorney gener- Assistant Attorney General Mi fal's. office, has asked the state chael Whelan argued that the re Supreme Court to reconsider its quest to speak off the record wagj reversal oft Hfe triple murder itself an indication that Braeseke conviction of Barry Braeseke of understood the importance of ret Dublin.

plaining silent. The petition argues against a The high court's opinion thaf -4-3 high court decision last Braeseke did not knowingly and month that Uiere was no evi- intelligently" waive his right iij dence thatBraeseke had under- the second confession seems td stood his Miranda rights when he be based op the' faulty assume waived them and confessed tion that a murder confession twice to the murders. can never be in the bept interest Braeseke was convicted of of the accused, Whelan wrote. killing his. mother, father and The Supreme Court reverseP''' grandfather in 1976.

the conviction because the Iqsife He was advised of his rights to court permitted the second con remain silent and to have an at- fession and evidence derive tomey before he made' his con- from both confessions such as fessions to both police and about the gun used in the mur assistant district ders to be used in the trial. A lower court trial judge The second confession couldn' threw out the first confession be- be used as a cure" for the first cause Braesekcs waiver of his the higher court aw Miranda rights was preceded by serted. p'' 1 Kaiser seeks court order on walkouts jorwranMn aboard tha gift from Taolat Association of dragon boat arrives for club They have been invited to be the first mainland U.S. team to compete in the International Dragon Boat Races in Kong, to be held next June. The 41-foot-long boat is fashioned of teak, with a fierce dragon head, painted in red, green and blue, in the bow, and a blue tail astern.

It seats a crew of 24 pad-dlers, a coxswain and a drummer; who beats out the stroke t- pat Peralta By Scott Winokur TritoHM SMI Writer Striking optical workers continued picketing Kaiser-Perma-nente hospitals in the Eastbay today, and it is likely that there will be no federal' labor law action before Friday on Kaiser's complaint against sympathy walkouts by other unions. But at the Oakland hospital, Kaiser spokesman Bob Hughes said enough employees had come toick to work today to stabilize the staff'- and permit a resumption of elective eye surgery for the first time since the strike began Monday. Officials of the 1.6 million member health plan on Tuesday asked the National Labor Relations Board to request a U.S. District Court order prohibiting other Kaiser employees from honoring picket lines by 126 members of the Optical Technicians and Workers Union. Local 505.

We're out there as the whipping boy for the nurses," said Local 505 business agent Vera Duarte, referring to current negotiations by the California Nurses Association which represents 2,000 Kaiser nurses under a contract that expires Dec. 31. Duarte said his optical ers rejected a wage increase offer of 8 percent and 7 percent in a two-year contract, an offer that Duarte sees as an attempt to set a pattern -for other unions at Kaiser since its acceptance last week by the Hospital and Institutional Workers Union, Local 250. Its very possible" that optical workers are taking the heat for the nurses, said Jerrie Meadows of the Nurses Association. Negotiations with nurses and Kaiser have been in progress for several weeks but it'stoo soon to tell whether they're being productive." Picket lines went up Monday after contract talks between the optical workers and Kaiser management broke off Saturday.

The Federal Mediation Service ha intervened in negotiations, but no new talks are scheduled. Assistant NLRB regional director Dean Francis said his agbncy would continue an investigation that began last week into Kaiser's, charges of unfair labor practices by the sympathizing unions. Kaiser officials, meanwhile, appeared to be containing the effects of the strike Tuesday: Hughes said medical and optical care was offered at all 17 Kaiser facilities in Northern California. Hughes said increasing numbers of clerks, nurses, maintenance men and technicians in the Kaiser unions supporting Local 505 crossed the optical workers' picket lines today. Kaiser hospitals in Oakland and Hayward, however, continued to turn away patients seeking non-emergency care.

The chief impact of Local walkout is in optometric care, said Hughes. Unions taking official positions in support of Local 505's strike and subsequently charged by Kaiser with unfair labor practices c- are: The Hospital and Institutional Workers Union, Local the Office and Professional Employees Union, Local 29; the Stationary Engineers, Local 39; the Engineers and Scientists of California and the International Longshoremen's and Warehousemen's Union, Local 6. by his auditing firm last year. The district had an income of almost 939 million Iran govern-ment sources during the fiscal year ending last June. The most serious criticism concerned direction and control over the granting of, disbursing and accounting for student financial aid and loan funds." Record-keeping was found to differ among the district's four campuses and between the campuses and the administrative of- The result, the auditor said, has been that reports to granting agencies are delayed and frequently require corrections." Peralta had about 91-7 million on loan to its students in the on an ornate drum in the bow.

A steering committee of the racing association, headed by its president, Lt. Raymond Gatchalian of the Oakland Fire Department, and vice president David Chew, has begun organizing potential team and' competition is expected to be heavy. Trials will be held in Janu-' agr. at which time the dragon boat will officially be turned colleges on fiscal year ending last June. "If attention tent paid to this area, said Cleveland, we are concerned that it might get out of hand." The board Tuesday also unanimously agreed to hire an architect to design a new 92.9 million administration complex to replace offices now.

rented for nearly 97,000 a month. Jenette Golds, president of the Peralta Federation of Teachers, fiercely opposed the plan, contending that declining enrollments and uncertain revenues from governmental, sources in the near future make it doubtful the move is wise and prudent." But her: position was emphatically rejected by the trustees, ment Code provision which in 1975 gave miscellaneous employees excluding safety employes a 20 percent boost in benefits based on increased contributions. New. employees under King's proposed two-tiered system would lose the 20 percent benefit but, noted Retirement Administrator David Tobias, will -pickup more take-home pay because they will contribute less Other changes the loss of retirement benefits In these would be in addition to the 20 percent loss under the Govern- Ttaa Ctwv pravidn th bcat A fierce Members of the Oakland International Dragon Boat Racing Association most of whom double as members of the Oakland Fire Department took delivery Tuesday of a hand-made, authentic Chinese dragon boat. The firefighters hope to add "another championship to Oaklands sporting list in the boat, a gift of the Taoist Association of Hong Kong.

The Peralta Community Col-. lege District was given a relatively clean bill of health Tuesday by. the same private Auditors who pointed out some ferious deficiencies the last time, ftiey took a hard look at the dls-tflct'S books. Thomas Cleveland of the San Francisco accounting firm, Touche Ross lc told the district's evidently pleased board of trustees that material weaknesses district finances during the 1977-78 fiscal yearhaye disappeared. He said the improvement was attributable at tout in part to Peralta's implementation Of re-commmendations chiefly con ceralng fiscal controls made imMiwiiw Alameda County Board of Supervisors Tuesday got its first formal look at a plan that would reduce retirement benefits for alt new county employees more than 20 percent, thus saving county taxpayers some 960 million over the next 40 years.

The plan, presented by county Administrator Melvin Hing, was prompted by Proposition 13 tax cutbacks, the spectre of more drastic cuts if the so-called Jarvis II Initiative te ratified and by the general public outcry some government pensions too litoral. Alameda County supervisors Tuesday finally ended a- protracted and sometimes acrimonious battle over how ranch, in relocation costs should be paid the owner1 of the Mexicali Roee restaurant in Oakland. board voted 3-1 with one abstention to pay restaurant owner Efren Gomes 971.000 in relocation costs, about 120,000 more than the county offered four years ago and far less than the 9261,000 Gomes had demanded. county at that time paid an additional 9150,000 for the restaurant The restaurant was ousted from its Seventh Street site to make way for the new county eyes retirement benefits cut plan Over to the City of Oakland and accepted by Mayor Lionel Wilson. Sponsorships are being sought to help defray the cost of sending a 30-member team to Hong Kong for the races.

Although the Hong Kong Tourist Association is picking up the tab for hotels and meals, it is estimated that air fares and other expenses win amount to some 930,000. the back who said they had given much thoughtto the plan and firmly belieyo'it is worthwhile, in view ugh rental costs promising to increase at the rate of 10 percent annually. In another action, trustees ap-proved a 9200,000 pilot program to train 100 school-age youths for Jobs after a presentation by two representatives of Pacific Telephone Co. who said the plan has support of the New Oakland Committee a consortium of business, labor and minority groups. Chancellor Max Tadlock called the program a opportunity.

By Scott Winokur percent, increasing the minimum retirement age for all employees from 50 to 55, basing retirement benefits-' on an average of the highest consecutive 36 months of wages rather than on the highest 12 months of wages, and Integration of the retirement system with Social Security. Tobias gave this rough Example, comparing retirement benefits now with those proposed. Currently, an employee earning 91,000 a month at age 57 with .10 years of service has a pension of about 9176 a month. Superintendent will at initiatives involve education to In Hot battle over, heat is cooled off ment Code section include re- An employee with the same qual-vising the cost-ol-livlng maxi- ifications would have his pension mum for retirees from 3 to 2 reduced to about 9133 under the l- new system. The county's retirement system has a current' value of 9257 million.

It pays some 915 million annually in retirement benefits. -Supervisors bad little to say about the proposal, deferring full debate on it until after employee unions and associations have a chance to digest its Import. Not 7 only would employee groups have to ratify the propos- al, but some modifications in the county retirement system cannot to made without enabling state legislation, said, County Counsel Richard Moore. Hing based his recommendations on an actuarial study ordered by the County Retirement Board that listed five modifications of the retirement system that would have tb be made. One change Involves a Govern- jail and courts facilities now under construction.

Gomes moved the Mexicali Rose across the street to Seventh and Clay streets and built a res-ant business i i now worth some 9626,000, with gross receipts totaling more than- 91 million according to county Supervisor Fred Cooper voted against the settlement, declaring Alameda County already has made a millionaire out of Mr. Gomes. All he (Gomez) did was move across the street Supervisor John George abstained from voting, asserting that Gomes should get more than the 971.008. Supervisor Charles Santana 65 degrees, the1 ergy Department At the time, a spokesman said was investigating. Rosenberg said the depart ment te satisfied that neither1 judge was interested in flflil-ting the conservation rul'es.

He said the regulations are flexible rules with exceptions ble in special At any rate, Rosenberg that although the guidelines call for fines in cases of deUfi-" erate violations, so far nobody; has been formally charged' with an offense and won't te in this bne. As far as 1 know, we're out of it." he said. In the courtrooms in ques- tion, temperatures seem markedly higher although thin week's wanner weather te undoubtedly responsible in For his part. Judge Pulich' said his Jurors seem more comfortable with the higher tarn-' paratures but he still takes the' precaution of vrarning prospective jurors to wear warm clothing when they come court. By Lance Williams Tribum Staff Writer Last week's burning controversy over, the heat at the Alameda County Coprthouse has cooled considerably, parties to the dispute say.

Wolfgang Rosenberg, spokesman for the U.S, Department Of said Tuesday that his office has no plans to inquire further into the actions of two local Judges who signed court orders to get the heat turned up in their chilly courtrooms. During last week's cold snap, judges Martin Pulich and Win-ton McKibben- ordered the thermostats raised to 63 and 70 degrees, respectively, because jurors and court personnel were complaining of the cold in their fifth-floor courtrooms. Maintenance who technically could have been cited for contempt had they not complied, turned up the settings. But because they believed they were violating federal conservation rules that require public buildings to be kept al thought lt was downright unfair A to pay Mr. Gomes such a paltry SCllOOl leadeLWlll amount" but voted for the set- tlement -The majority of the supervisors said they were Incensed over the fact that Gomes had tacked onto the original 960,000 county offer his costs for attorney fees, interest on the loan for his new restaurant property taxes and Insurance adding another 9190.00Q to relocation Supervisor Joseph Bolt offered tha 971.000 compromise and, backed by board chairman Valerie Raymond and Santana, pushed it through.

By Lloyd Boles address meeting Alameda County Schools Robert Coney to the keynote speaker tonight the McClymonds High School meeting. Coney, parents and community residents will discuss the Family Choice (voucher) and Gann and other, topics that the financing of public in California. The meeting, which is open the public, will begin at 7 p.m. the teachers cafeteria..