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County police lose bias ruling

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Times Staff Writer

A state court of appeals this week overturned a $42-million judgment won by 500 members of the Los Angeles County Police who had alleged that racial discrimination resulted in lower pay.

The three-judge appellate panel determined that, although the largely minority county police -- who patrol parks, hospitals and other county facilities -- make less money than sheriff’s deputies, the inequality is not based on race.

“The county’s policies had a disparate impact on all county police officers, minority and Caucasian,” according to the panel’s opinion, written by Presiding Justice Norman L. Epstein. “The verdict on disparate treatment must be reversed because there is no substantial evidence that the county’s policies were racially motivated.”

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The 34-page decision drew distinctions between county police, historically a security force, and sheriff’s deputies, who work in county jails and are part of the 911 emergency response system.

In 2002, a jury found unanimously that the county had discriminated against minority county police officers.

“If someone took a dispassionate look at what was going on, this had nothing to do with race,” said Scott Bertzyk, an outside attorney who helped represent the county. “It’s all about differing values placed on different occupations.”

The panel also found “no evidence” that county policies prevented minority applicants from seeking higher-paying sheriff’s jobs.

“Race was being used as a label to mask the real complaint, which was: We don’t like the pay that’s associated with” county police posts, Bertzyk said.

A sheriff’s deputy trainee earns a minimum of $4,432 a month; county police officer trainees start at $3,590 a month.

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The panel’s decision defends “the right to treat equal people unequally,” said Patricia Bellasalma, an attorney who represented county police officers. “It’s just sad for the officers who have given their lives and the families who go without pensions.”

In Bellasalma’s view, the panel “reweighed” the evidence and “basically rendered meaningless a jury’s verdict.”

“Institutionalized racism is alive and well in America,” Bellasalma said. “There’s no other conclusion to make than that with the mountain of evidence that went before that jury.”

Bellasalma plans to petition the California Supreme Court to review the case.

The award, whose amount was determined by a judge, covered back pay for county police officers between 1995 and 2002.

The county police force -- about 70% minority -- has about 500 sworn officers and nearly 150 civilian employees.

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susannah.rosenblatt@latimes.com

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