With the
unanimous consent of the AOCDS Board of Directors, AOCDS
legal counsel contacted the County of Orange via letter
regarding Acting Sheriff Anderson’s proposal to
unilaterally modify the current and longstanding Deputy
II promotion process. Below is the text of that letter.
LAW OFFICES OF CHARLES
GOLDWASSER
A PROFESSIONAL CORPORATION
5858 WILSHIRE
BOULEVARD,
SUITE 205
Los ANGELES,
CALIFORNIA 90036
TELEPHONE
(323j964-7100
FACSIMILE
(323) 964-7107
E-MAIL
CGOLDWASSER@SBCGLOBAL.NET
March 28,
2008
VIA FACSIMILE AND FIRST CLASS
MAIL
Thomas G.
Mauk, County Executive Officer
333 W.
Santa Ana Boulevard
Santa Ana,
CA 92701
Re: Deputy II Promotion
Dear Mr. Mauk:
This office represents
the Association of Orange County Deputy Sheriffs. I have
been advised that the Acting Sheriff has given notice to
our members of a change in a longstanding policy
regarding Deputy II assignments in the jail. Our members
are no longer being promoted to the open Deputy II
positions that exist in the jail, but, instead are being
told that they will be passed over and remain on the
eligible list, unless they accept a Patrol position, in
which case they will be promoted. This is contrary to
the unequivocal established practice accepted by both
parties for a substantial period of time.
This change in past
practice may not occur without the parties engaging in
the meet and confer process. In Santa Clara County
Counsel Allys. Assn. v. Woodside (1994) 7 CalAth
525, the California Supreme Court said that, "The duty
to bargain requires the public agency to refrain from
making unilateral changes in employees' wages and
working conditions until the employer and employee
association have bargained to impasse ..." [citation
omitted]. Santa Clara, supra at page 537. This
has not happened. The Acting Sheriff has changed the
policy without complying with the law.
Please take all necessary
steps to correct this violation and advise the
Association immediately. The Association has directed me
to seek judicial relief if this violation has not been
rectified by next week. Thank you for your attention to
this matter.
Very truly
yours,
Charles Goldwasser
CAG/leb cc:
Wayne Quint, Mark Nichols, Jack Anderson (via facsimile)
