Prosecutors, Defenders May Sue Over Pay Dispute

Angered that top sheriff’s personnel have received pay raises while their own salary negotiations are stalled, Ventura County prosecutors and public defenders said Monday they plan to file a lawsuit against the county if they do not receive a satisfactory compensation package.

“County officials are always saying that they are pro law enforcement, but I guess that’s only if you’ve got a badge and a gun,” said one deputy district attorney, requesting anonymity. “They only care about arresting criminals, not convicting them.”

Dist. Atty. Michael D. Bradbury said morale in his office has hit an all-time low, and that he is concerned that some of his top prosecutors will leave if the nearly 18-month-old pay dispute is not resolved soon.

“The county’s being foolish and shortsighted in this silly standoff,” he said. “These guys are breaking their rear ends to keep this a safe community. We ought to be able to show them that they are appreciated for what they do.”

Bradbury said he is aware that some of his deputy prosecutors are interviewing with other district attorney’s offices around the state and also the FBI.

“We’re going to lose some very fine attorneys,” he said. “They’ve reached a breaking point. It’s one of the most discouraging things I’ve seen in my 17 years as district attorney.”

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The Criminal Justice Attorney’s Assn., which represents 140 prosecutors and public defenders, has rejected the county’s final offer for a new pay package because it fails to give them salary and benefits equal to the compensation for lawyers working for the county counsel, who defend the county against civil suits.

As a result, Stephen Silver, the attorney representing the association, said his clients will probably file a lawsuit within a few days, charging the county with unfair labor practices.

Silver said his clients believe the county is bargaining in bad faith and punishing them for forming a new union.

“We’re seriously pursuing litigation to enforce their rights,” he said.

Barbara Journet, the county’s chief contract negotiator, said the county has done everything it can to settle the contract dispute amicably. She said, however, that a lawsuit was not unexpected.

“Frankly, it doesn’t surprise me,” she said. “They’re attorneys.”

Although the county has made what is considered its final best offer, Journet said officials are open to further talks.

“The door is always open for communication,” she said.

The county’s current offer includes a two-year contract agreement that calls for a 3% cost-of-living raise, Journet said. There would be an additional 5% increase for veteran prosectors who have been at the top of their salary range for one year, she said.

But members of the attorneys union said the offer still does not come close to putting them on equal footing with county counsel. In fact, they say the county’s offer only widens the gap between their compensation packages.

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In addition to seeking equal pay, the attorneys said they want their longevity benefits--annual cash bonuses based on years of service--to be rolled into their base salaries as is done for county counsel. The latter would automatically increase their retirement benefits, which are calculated on an employee’s final annual salary.

County officials said giving the attorneys the raises they want would cost the county about $2 million a year, money that the county does not have.

Prosecutors, however, said if the Board of Supervisors can approve pay raises and increased retirement benefits for 46 supervisors in the Sheriff’s Department then it should be able to do the same for them. The board approved the pay raises last week.

But Journet said it is not fair to compare the sheriff and the attorneys’ pay packages. For instance, she said, Sheriff Larry Carpenter has agreed to pick up the cost of the salary increases for his managers for at least two years as well as all retirement expenses.

If similar pay raises and retirement benefits were granted to prosectors and public defenders, she said, the money would have to come from the county’s general fund.

Supervisor Judy Mikels, who received the endorsement of the prosecutors when she ran for her office in 1994, said she sympathizes with the attorneys. But she said the county cannot afford the types of salaries and benefits they are seeking.

“There’s no argument from me that they’re worth everything they’re asking for,” she said. “However, the money is just not there for us to arbitrarily roll over and say, ‘You can have everything you want.’ ”

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Meanwhile, several attorneys said they cannot afford to continue to pursue their careers in the county if they do not receive adequate compensation.

“If this office sent me to interview young prosecutors, I would tell them this is a fabulous place to learn how to do your job right,” said another deputy district attorney who also requested anonymity. “But I would also tell them you’re nuts if you plan to stay here.”