Santa Ana Gets Injunction to Fight Blue Flu

Santa Ana officials obtained a preliminary injunction Monday in Orange County Superior Court to block police officers, with whom they are engaged in tough contract negotiations, from striking or calling in sick when they are not ill.

More than 250 uniformed officers, answering individual summonses served by the city, jammed the courtroom and an adjoining hall for the hourlong hearing.

The city dropped its summonses against on-duty officers at the beginning of the hearing so that they could return to work.

Supervisors on Patrol

Sgt. Don Blankenship, president of the Police Benevolent Assn., said supervisors drove patrol cars for about half an hour to replace 22 patrol officers who appeared in court. City Manager David Ream said only 19 officers left their patrol shifts.

Some traffic and motorcycle officers, investigators and non-sworn communications workers who were scheduled to be on the job also spent part of the morning in court, Blankenship said.

The city obtained a temporary restraining order July 9, with provisions similar to those in Monday’s injunction, after a majority of officers scheduled to work a graveyard shift said they were ill. Officials of the Police Benevolent Assn., which represents the city’s 337 sworn officers and 113 non-sworn personnel, advised its members of the July 9 order, but the blue flu epidemic continued for two more shifts.

Seth Kelsey, attorney for the association, argued that the injunction was unnecessary because the “expression of solidarity” had not compromised public safety and because association officials had agreed not to repeat it.

Commissioner Ronald L. Bauer noted, however, that Santa Ana Police Chief Eugene Hansen had said continued sickouts might endanger both the public and police officers if officers were forced to work too much overtime.

‘Chilling Effect’ Predicted

“The courts must determine whether the public interest overrides the basic right to strike,” said Bauer. Citing a state Supreme Court ruling, Bauer said that in the case of law enforcement officers, “the absence from their duties . . . would clearly endanger public safety.”

Blankenship predicted that the injunction will have a “chilling effect” on the police officers’ contract talks with the city. “It’s a hammer they have over us,” he said. “It gives the city the power of the court behind it.”

The officers’ contract with the city expired June 30, and negotiations for a new contract have stalled. The city has offered pay increases of 4.5% this year and 4% next year, but the association wants immediate raises of 11.9% for officers and 24.9% for sergeants, which would bring their salaries in line with those in Irvine, the highest-paying police department in Orange County.

Santa Ana officers earn $2,463 to $2,995 a month.