49 Deputies Call in Sick Despite Rule

A day after a Los Angeles County Superior Court judge ordered sheriff’s deputies to halt their contract-related job actions, 49 called in sick Friday in what sheriff’s officials believe was a continuing effort to pressure county officials into meeting the union’s demands for a raise.

Despite warnings from the sheriff that defiant deputies would be punished, 30 of 89 deputies assigned to the Van Nuys courthouse failed to report to work. Also calling in sick were seven of the 12 deputies assigned to the San Fernando court and 12 of 125 who drive prisoners to court appearances.

As sheriff’s officials scrambled to find backups for the missing deputies, a committee of commanders began the tedious process of reviewing hundreds of doctors’ notes submitted by deputies who have called in sick amid the “blue flu” that started eight days ago.

Cmdr. Dennis Dahlman said committee members have reviewed about 200 cases to determine if the deputies have had valid medical reasons for missing work. The ailments outlined in the doctors’ notes range from headaches to lower back pain. However, there is one illness cited more than any other: gastrointestinal problems.

“The majority of the deputies who have called in sick are providing notes,” Dahlman said. “And it’s not just one doctor. It’s hundreds. . . . A lot of times, doctors don’t know what these people do. My gut feeling is they are taking for a fact what a person is telling them.”

Some deputies have already been punished for skipping work in recent days, but Dahlman said he was not sure how many. The officers could face at least two days off work without pay, the sheriff has warned.

On Friday, Los Angeles Superior Court Judge Ricardo A. Torres ruled that the department has a right to take immediate action against deputies who feign illness. Saying the work actions have placed the community at risk, Torres declined to grant a temporary restraining order sought by the deputies union to bar the Sheriff’s Department from disciplining those who have failed to provide a doctor’s note.

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Nevertheless, Richard Shinee, an attorney for the Assn. for Los Angeles Deputy Sheriffs, argued that the new disciplinary procedures are unfair because deputies are not given a chance to have their side heard through the grievance process. “This is a violation of departmental policy,” Shinee said. “You can’t just pull the rug out from under them.”

On Thursday, Torres issued a temporary restraining order--at the request of the county--barring deputies from participating in the work actions. Although deputies could be held in contempt of court for violating the order, the judge’s ruling did little to stop law officers from missing work in Van Nuys and San Fernando on Friday.

By late afternoon, the county was unable to serve the restraining order because the doors of the union’s headquarters were locked. Union officials have denied involvement in the sickouts.

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“We would expect that officers hired to enforce the law would obey the law,” said Assistant County Counsel Donovan Main. “If it comes to it, we would proceed with a contempt application.”

But he added, “Our main mission is to get the parties to the [bargaining] table. That is what the legal action is all about.”

County officials have reportedly offered deputies a 1.5% pay increase, sparking outrage among the rank and file. Deputies, who have been pushing for a 15% raise over three years, say they have not had a raise for three years and have been working without a contract for eight months.

During the job actions, Sheriff’s Department and court officials have strived to keep the justice system operating, albeit slowly. Thursday evening, dozens of jurors agreed to stay late to hear cases for six misdemeanor defendants, including two held on gun charges.

If the trials had not started Thursday, judges would have been forced to let the defendants go because of laws ensuring defendants’ right to a speedy trial, said Municipal Court Assistant Presiding Judge Veronica McBeth.