Surprise! It’s a Paid Day Off for Lucky Few

It’s not quite a story of crime does pay, but justice will be delayed just a bit today in Orange County and throughout the nation by President Bush’s plan to honor Persian Gulf War veterans.

Today is also a surprise day off for some government workers. But no one will be blamed for a little confusion.

It all began when President Bush back in March proclaimed today through Sunday as “national days of thanksgiving” for the swift end of the Persian Gulf War.

A national holiday was never intended, and neither federal nor state workers have the day off. About the only people affected are those with appointments in court.

For some reason, California law forbids most judicial business when the President declares a day of thanks. Court clerks can handle civil affairs such as marriage licenses, and juries can render verdicts, but no trials can be held.

In Orange County the decision to close the courtrooms sparked debate among Superior Court judges.

“It happened with such little notice that there was disagreement and confusion--are we going to close or are we not?” said Helen Lotos, a county spokeswoman. Once a final decision was made by midafternoon, defendants and others scheduled to appear in court today were told to return Monday.

One court matter that got postponed was the highly publicized murder case of Richard Bourassa Jr., an 18-year-old accused of shooting a classmate last year in his Anaheim Hills home. A pre-trial motion had been scheduled to be heard in the case today.

However, all five Municipal Court branches are closed for business and employees have the day off. Meanwhile, in Superior Court, only the courtrooms are closed. Other administrative court services, such as the marriage office and court filings, are open. Superior Court employees who are required to work today will receive a day off in return.

There were no reports of school closings, and city halls are open today.

Rumors swept government office corridors Thursday that today is a general holiday, prompting announcements from Gov. Pete Wilson, mayors and union leaders that today is a workday.

California Chief Justice Malcolm M. Lucas sent a fax to the presiding judges of all state courts trying to clear up the confusion. The state codes for operating the government leave no leeway--it’s a judicial holiday, but no automatic day off. Courtroom activity must cease, but whether workers get a holiday is a local decision.

It was no snap judgment. Lucas cited an informal opinion from the attorney general’s office and “our internal research.” And he didn’t sound happy.

“We are reluctant, at this time of budgetary crisis and of congestion in the courts, to declare a judicial holiday. . . . Nonetheless (it) is in fact required by the relevant statutory provisions.”

Many Municipal Courts will close and give employees a day off, but courts will remain open in Ventura and Presiding Judge Ricardo A. Torres of Los Angeles Superior Court was blunt in an announcement to his employees: “Tomorrow is not an official holiday and court employees will be at work. . . .”

Supreme Court employees will report to work but will close their doors to the public in observance of the day. It will be the same for most courts of appeal.

Heads-up employees of Burbank may be the biggest beneficiaries. They discovered that old wording in their labor contract granted them four new paid days off because of the President’s order.

City Manager Robert R. Ovrom dismissed the interpretation by the workers’ union as “hypertechnical” and “absurd.” But in negotiations more than 700 employees came up with two days off.

“I’m going to get paid for going skiing,” said Brett Kornblatt, a city park worker who has no plans of following the President’s suggestion of thankful prayer. “I think most people are going to use their spare time to enjoy themselves as opposed to observance of the troops.”

Most cities are like Cerritos. Denise Gerstner, the city personnel director, said she pored over documents after hearing about Burbank and determined that there was no authority to call a day off.

“We only give public holidays off,” Gerstner said. “The President didn’t declare a holiday. He declared a national day of thanksgiving.”

Santa Monica and Culver City close on alternate Fridays as part of their plan to help cut smog by reducing commutes, so those city offices were scheduled to be closed anyway.

But all federal courts and offices will be open, and state offices other than courts as well.

“We will be open for business as usual,” said David J. Tirapelle, director of the state Department of Personnel Administration.