Riverside County Board Of Supervisors Tackle D.A.’s Lawsuit

The Riverside County Board of Supervisors meet in a special meeting on Wednesday to discuss a lawsuit filed by outgoing District Attorney Rod Pacheco.

Pacheco is seeking to force the county to “unfreeze” a dozen positions not included in his 2010-11 fiscal year budget. He said he needed the positions to streamline the office.

During Wednesday’s meeting at 10 a.m., a public comment session will be held, after which the board will go into closed session.

Pacheco filed suit on Dec. 10 against the Board of Supervisors, Executive Officer Bill Luna and Human Resources Director Barbara Olivier over their refusal to approve 10 deputy district attorney positions and the demotions of two staffers.

Last Tuesday, Superior Court Judge Paul Bryant rejected Pacheco’s request for summary judgment in the case and, instead, set a Dec. 30 trial date, during which both sides will have a chance to argue their positions.

Pacheco has retained a Los Angeles law firm to represent the D.A.’s office.

According to the lawsuit, the county has illegally held up the processing of 10 new deputy DAs, as well as two executive-level positions.

Chief Assistant District Attorney Bill Mitchell told City News Service last week that eight of the new junior prosecutors were offered jobs last year while working as law clerks. Mitchell said the job offers were contingent on the clerks passing the State Bar and exhibiting “outstanding” workmanship — criteria that they fulfilled.

Similar tentative offers were made to two temporary “volunteer” attorneys. All 10 lawyers were moved into staff positions last month.

Mitchell said when the D.A.’s office submitted documents validating the new hires, the Executive Office and Department of Human Resources refused to act on them, declaring that new attorney positions were “frozen.”

According to Mitchell, the D.A. has adequate funding in his $99 million 2010-11 budget to cover the additional costs.

He contended the freeze was motivated by “politics,” with the Executive Office catering to District Attorney-elect Paul Zellerbach, who has plans to make his own appointments after he assumes office Jan. 3.

In court papers, the county argues the D.A.’s claims are baseless.

The board slashed the District Attorney’s Office’s budget by 5 percent as part of an across-the-board cost-cutting strategy to curtail deficit spending.

According to the Executive Office, the D.A.’s office is overspending and could end the current fiscal year $9.1 million in the red.

On Dec. 2, Pacheco demoted D.A. Bureau of Investigation Chief Vern Horst to assistant chief and Chief Deputy District Attorney Rick Cookson to supervising deputy D.A. The demotions were at the men’s request and removed them from “at-will” positions from which they could have been terminated without cause.

Stay with News Channel 3 and KESQ.com for developments as they happen.