ORANGE COUNTY IN BANKRUPTCY : Plan Would Cut $2.5 Million in Deputies’ Overtime

In the first sign that Orange County’s financial crisis might mean less pay for sheriff’s deputies, county officials are considering a proposal to save $2.5 million by eliminating a form of overtime pay for uniformed personnel.

The proposal, included in a list of possible cuts suggested this week by County Chief Executive Officer William J. Popejoy, prompted protests Friday from the union representing 1,300 deputies, sergeants and investigators.

“No other group of county employees have pay cuts on the table,” said Robert McLeod, general manager of the Assn. of Orange County Deputy Sheriffs. McLeod said the proposal to eliminate so-called “Madera pay” would amount to pay cuts of 7.5% to 9.4% for as many as 800 uniformed deputies.

A 1984 California Supreme Court ruling known as “Madera” said that deputies who are on call and restricted to a particular location during their lunch breaks should be paid for that time. Deputies also are often restricted from conducting personal business during breaks.

Orange County has paid its deputies for that time since 1985, McLeod said. They are paid at an overtime rate for the extra half an hour a day they are on the job.

The association maintains that eliminating Madera pay would hurt deputies who rely on it to make ends meet. An entry-level jail deputy making $3,148 a month would lose as much as $295 a month as a result of the cut, McLeod said.

“We know that the poor economy has impacted everyone, including our own members,” McLeod said. “A pay cut of this magnitude would cause many deputies to be unable to meet their financial obligations. Some would lose their homes, others may well follow the county into bankruptcy.”

The union said the county should lay off personnel if it is necessary to make up that money.

But a county spokesman said Sheriff Brad Gates proposed cutting Madera pay instead of laying off deputies to keep up current staffing for public safety. “This would have the least impact,” Sheriff’s Lt. Dan Martini said.

“We’re very interested in maintaining public safety,” Popejoy said. “But some of the pain is going to have to be spread among all the departments.”

Martini argued that the proposal does not amount to a salary cut because Madera pay is not part of the normal salary, but compensates deputies for the loss of their break time. If Madera pay is dropped, so too would current restrictions requiring deputies to stay at their posts and refrain from taking care of personal business at break time, Martini said.

“This is a proposal the Board (of Supervisors) is considering,” Martini said. “It’s not final.”

Times staff writer Matt Lait contributed to this story.