 |
Newsletters
Court Orders Hearing For Bonus
Deputy Transferred From Custody To Patrol With Loss of Bonus Pay
Deputy Sheriff David Rasmussen is a 12-year veteran of the Los Angeles County Sheriff's Department. As with all deputy sheriffs, Rasmussen began his career working custody. After approximately five years in custody, Deputy Rasmussen requested and was granted four yearly extensions to remain in his assignment. His fifth extension request was denied. Rasmussen was informed he would be transferred to patrol and that upon his transfer he would lose his Bonus I Deputy rank and the accompanying 5.5% in salary. While under the current rules, the Department had the ability to transfer Deputy Rasmussen to patrol, it could cite no authority for removing his rank and reducing his compensation. The Department took the apparent position that it was normally done that way.
Deputy Rasmussen represented by LASPA, and through POLICE Insurance Panel Attorneys Michael A. Morguess and Dieter C. Dammeier of LACKIE & DAMMEIER LLP requested the Los Angeles County Civil Service Commission to provide a hearing to Deputy Rasmussen for the rank and pay reduction. The Civil Service Commission declined to hear the case, claiming it lacked jurisdiction over "bonus" positions, citing that those positions fell under the MOU and therefore the case would need to be arbitrated before the Employee Relations Commissions (ERCOM). Dammeier then petitioned ERCOM for a hearing in the matter. Because the "bargaining unit" representing Rasmussen's classification was ALADS, ALADS was asked to support the request for arbitration. ALADS declined to do so. ERCOM declined to hear the matter because the "bargaining unit" representing Rasmussen's classification, ALADS, did not support the request for hearing.
LASPA and POLICE Insurance granted Rasmussen coverage for LACKIE & DAMMEIER LLP to petition the Superior Court for a Writ of Mandate compelling the County to provide Rasmussen a hearing. The argument before the Court was whether the action taken by the Sheriff's Department against Rasmussen was "punitive" action under the Public Safety Officers Procedural Bill of Rights Act, thus requiring an administrative hearing with the burden on the Sheriff's Department to show just cause for the action.
Argument presented to the Court on behalf of Rasmussen cited the line of cases interpreting the Public Safety Officers Procedural Bill of Rights Act which have held that a reduction in salary, regardless of the reason, is "punitive" action. White v. County of Sacramento (1982) 31 Cal.3d 676; McManigal v. City of Seal Beach (1985) 166 Cal.App.3d 975. The Department unsuccessfully argued that Rasmussen's position was temporary and therefore Rasmussen had no due process rights in the Bonus I position. The Department was unable to overcome the fact that Rasmussen's Bonus I position still existed in the jail and there are Bonus I positions in patrol where he was transferred to. The Department did not have to demote Rasmussen when he was transferred to patrol.
The Court ordered the County to provide Deputy Rasmussen a full evidentiary hearing in which the Sheriff's Department will have the burden to establish just cause for taking the "punitive" action against Deputy Rasmussen.
|
