On Tuesday, I told you that NorCo DA elect Steve Baratta has notified two assistant DAs and two county detectives to clear out by January 2, the day he is sworn in. He did so without prior discussion with any of them. The assistant DAs are "at will" and serve at then pleasure of the District Attorney, so there's little they can do,. But the county detectives are a different story. They have a collective bargaining agreement with the county. Baratta dismissed that concern, stating the union contract is for wages and benefits only./ He adds that they are considered exempt employees. Baratta should have looked at the union contract before lowering the boom on these detectives.
Before I get into that, I decline to name these detectives. They rightly feel their reputations have been sullied even though both of them have been dedicated law enforcement professionals their entire careers. In fact, I consider these two detectives the best in the county's bureau. They scare even me. Whenever either of them looks at me, I plead guilty.
The union contract with the county detectives provides very specifically that they can be terminated only for "just cause." Before that happens, they would have to be afforded due process, which includes a Loudermill hearing. They also have a right to file a grievance and seek an arbitration of their contractual right to continued employment. There are unions, mostly for judicial employees, in which members can still be terminated at will. Given the specific language of this collective bargaining agreement, however, I believe Baratta is mistaken. If there is any ambiguity, and I don't think there is, it would have to be resolved in favor of the injured detectives.
In addition to being wrong about the union contract, Baratta's belief that these are exempt employees is another mistake. In 2008, Human Resources notified then DA John Morgaelii that county detectives could no longer be considered "exempt" under the Fair Labor Standards Act (FLSA). The Jan 28, 2008 memo specifically states that, "effective immediately the position of County Detective is reclassified as FLSA nonexempt."
Baratta is starting his tenure as DA by alienating both the existing prosecutors as well as the detective bureau.
26 comments:
That's what happens when the people put a Bozo into office.
If the Detectives are under the loudermill proceedings then the county council would make the decision. Just like a chief and a patrolman, the boss can suspend and issue complaint to council, unless they are corrupt like most small boroughs and violating workers rights , guess judges don’t have training in the HR department, and due process for protected workers, looks like someone put the cart infront of the horses
I was told this is standard the Morganelli political machine operation. Followers like Baratta and McClure are ardent supporters of the take no prisoner approach to leadership.
Didn't this happen one election year where someone coming in fired an ADA or public defender and she sued and won some $$$ from the county? I mean if these detectives have this due process like you say in the contract all they have to do is arbitrate it and they get their jobs back with back pay. They in a sense really can't lose!! This is bad for the county, the detectives and the citizens who will have to pay in the end.
I want them to sue the county and Baratta, individually. I want to be on the ury. I will vote to make it hurt, spectacularly. hen we elect moron politicians who don't know basic rules, voters and taxpayers deserve an expensive lesson. We should have chosen more wisely Renald's kid has always been a disappointment. It may be the reason the old man .......... oh forget it.
Barrata, before he officially can, starts the New Year and new position by ignoring “just cause” and opening county to new potential lawsuits. Wow, and he demeaned and attacked Houck
for his work? Nice going Judge!
"If the Detectives are under the loudermill proceedings then the county council would make the decision. "
Not the way it works on a county level. You are thinking of the borough code and third class city code, which differ. What is important is that due process be afforded under the union contract before a "just cause" termination. And this union contract specifically provides there must be "just cause." It also provides for grievance and arbitration. This will not go to court, at least not initially.
Baratta believes case law backs his position, but I know of no case law that contradicts the termination of a union worker protected by a "just cause" contract unless they are laid off.
What compounds this matter is that these detectives may have been the union members who negotiate contracts. I have heard this, and if this is so, then the additional argument can be made that they are being punished for union activity.
Even if he is correct, and I think he's wrong, Baratta's dismissal of two outstanding detectives and two assistant DAs, one of whom was working the Wheeler case, undermines the morale of the rest of the staff.
"Didn't this happen one election year where someone coming in fired an ADA or public defender and she sued and won some $$$ from the county?"
It has happened three times. Once was to assistant public defenders who were terminated after Brackbill's election. They were not protected by a union contract, but sued and were paid a settlement. I am nit sure they were on solid legal ground. Another involved the termination of a sheriff. He contested his termination, and the Exec had to persuade the personnel appeals board that he had "just cause." That sheriff was an exempt employee. And it happened to an assistant solicitor who terminated after an election and who successfully argued that she was not an exempt employee. She was deprived of due process.
There was another employee in the Solicitor's office that won after being let go by McClure.
Barrata takes a page from tRUMP's bully game plan thus proving what we already knew about him. Norco voters have no shame.
But our esteemed republican committee failed to put anyone on the ballot. So it's our fault for poor leadership. Us republicans get what we sow.
The County has a Personnel Appeals board. It's likely the employees may plead their cases there if HR can't resolve it
It’s time for the Attorney General, Disciplinary Board, and Judicial Conduct Board to investigate the incoming DA and certain judges. The inappropriate conduct is beyond an open secret and brings a cloud over the whole justice system in NorCo. All of this needs to be investigated and ruled on by professionals and jurists outside the Valley.
16 P.S 1620 gives independently judges a right to hire and fire regardless of a collective bargaining agreement. I believe that argument will fail bc there was tacit acceptance of the provision requiring "just cause" for termination.
He took a page from McClure
Anonymous said...
He took a page from McClure
December 21, 2023 at 9:13 AM
Did you mean John Brown? He cost us a ton of money
McClure got rid of a lot of people. I meant McClure. The real workers are committed to their job and will do an excellent job no matter who the executive is. They honestly could care less. Only the politicians care about that blind loyalty to them. Employers have high ethics and do a good job despite who they work for
Baratta doesn’t give two squirts of piss about gutting his department or alienating his subordinates.
He doesn’t plan on prosecuting much crime, so there’d be no need for an experienced, dedicated staff.
Here’s a news flash for people who don’t know. Baratta does not command much respect in that county building amongst the people who have worked around him for decades.
But….he carries that “D” next to his name on the voting ballot.
The same “D” that swept a 33 year old inexperienced nepotism baby into a judgeship.
Start paying attention. Our communities are about to suffer.
That 33 year old baby comes from one of the finest Law firms in the County. His father is one of the greatest most distinguished judges the County has ever had and the apple doesn't fall to far from the tree. He gave of his time and experience in service to his community and was rewarded by the electorate for his unselfishness, loyalty, and dedication to seniors. We're lucky to have him.
Baratta is the man!
So bend over taxpayers. This will wind its way through the legal system and eventually it will cost the county a lot of money. Thanks Steve such a nice guy.
A few questions on this topic. Why were these specific people targeted for dismissal? From what I have read, these ADAs and Detectives seem to be quality/dedicated persons. There must be some reason they were targeted. Whether it is due to the Detectives possibly being Union leadership (certainly an anti-Democratic view) or the outcome of a former/on-going case or is it politically motivated? Or any combination of the above. But unless there was some negligence, any of the above would not be tolerated in any corporation and protected by law. My other question is how these people are being notified they will be let go before he is sworn in. Has he actually started the job before he is sworn in?
These are two highly dedicated professionals. They are very well respected and I was not kidding when I said they even intimidate me. So I would hope it is unrelated to their actual investigations.
I doubt it is political. All of the detectives made small contributions to Houck, but were otherwise uninvolved in his campaign. If that was the reason for firing, that would be contrary to the Home Rule Charter and Admin Code. Also, why just these two and not the others? I would rule that out as a motive.
Could it be union-related? I suspect that might be a reason. These two detectives negotiate the CBA. Of course, it is illegal to fire someone for union activity/
These folks were notified by mail. They were told to clear our before Baratta has even assumed office.
I have deleted a few comments singling out a county employee who is neither a policymaker nor an elected official. I initially allowed those comments bc I had no idea who this person was. Now that I know, the comments are gone.
BOH 10:00AM comment - The termination notices may have been by mail, but as asked by one of your other readers, how does Baratta do this before being sworn in?
Shouldn't the incoming DA consult a lawyer before he fires people? Oh, wait ...
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