Judge Denies D.A. Immediate Order To Hire And Demote Employees

Tuesday afternoon, a Riverside County judge denied Riverside County District Attorney Rod Pacheco an immediate order request to hire 10 new deputy district attorneys and permission to demote two others in order to save their jobs once the new district attorney takes office.

On Friday, District Attorney Rod Pacheco filed suit against the Board of Supervisors, Executive Officer Bill Luna and Human Resources Director Barbara Olivier, arguing the defendants should “unfreeze” 10 deputy district attorney positions and approve the demotions of two staffers.

Pacheco retained a Los Angeles law firm to handle the case, at an undisclosed cost. The hearing is set for tomorrow afternoon before Superior Court Judge Gloria Connor Trask in the Riverside Historic Courthouse.

According to the lawsuit, the county has illegally withheld funds to support 10 new deputy DAs, as well as two additional executive-level positions.

The Board of Supervisors slashed the District Attorney’s Office’s budget by 5 percent in the current fiscal year as part of an across-the-board cost- cutting strategy to limit deficit spending. For the last three fiscal years, the county has depleted reserves to fill budget gaps, risking impairment to its credit rating.

The county’s general fund discretionary income has declined more than $100 million annually over that period as property taxes have shrunk in tandem with real estate values, according to county officials.

Pacheco’s general fund support is roughly $2 million less than in the 2009-10 fiscal year.

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.

“Our efforts are geared toward ensuring that the county and the Office of the District Attorney are in the best possible financial position now and through the end of the fiscal year,” Luna said in reaction to the lawsuit, adding that it was “unfortunate” Pacheco had chosen to end his term with legal action against the county.

Pacheco was voted out of office in June, defeated by Superior Court Judge Paul E. Zellerbach, who takes over Jan. 3.

Luna said it was arguable whether Pacheco even had “standing” to file the suit.

In court papers, the county asserts that the board, under California law, is the final authority on budgetary matters. In its filing, the Office of County Counsel — which is located in the same building as the D.A.’s office — also disputed Pacheco’s contention that he was being hampered in the performance of his duties.

“Although Pacheco claims that the respondents’ refusal to allow him to fill positions which are not budgeted interferes with his prosecutorial and investigative functions, he provides no facts to support these allegations, especially in light of the fact that there are over 250 attorneys employed in varying levels of deputy district attorneys,” county attorneys wrote.

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 status.

“There is no competent evidence based on personal knowledge to support the contention that after … Zellerbach assumes office, he will fire the two investigators seeking to convert their at-will positions to classified positions or terminate the ten temporary attorneys,” the County Counsel’s Office said. “Such positions would be probationary and could be subject to termination regardless of this (legal) action.”

Both sides will meet before the judge again on December 30th for a final decision.