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.
