LAKEPORT – The Board of Supervisors is contemplating a request from the county's district attorney's investigators to form their own bargaining unit.
Human Resources Director Kathy Ferguson turned down the request for the formation of a new District Attorney Investigator Association, which the group appealed to the board at its March 2 meeting.
District Attorney Investigator Martina Santor and Gary Frace, a Lake County Sheriff's deputy and president of the Lake County Deputy Sheriff's Association, appeared before the board for the appeal discussion.
Ferguson said she received the petition for recognition of the new bargaining unit on Jan. 14. The group is asking to split off from the Lake County Deputy Sheriff's Association.
She said she denied it for two reasons, beginning with the fact that the group included management positions, and county personnel rules prevents grouping management and nonmanagement and confidential and nonconfidential positions.
The second reason, said Ferguson, was that she didn't feel the unit was the broadest feasible unit of positions that shared an identifiable community interest.
She said their petition cited several reasons for the request to form a separate group, including the fact that the district attorney's investigators currently are grouped with sheriff's deputies, and are asked to vote on issues such as shift schedules that don't apply to them.
Ferguson said the majority of the county's negotiating units include multiple departments. Only one unit – for the correctional officers – covers just one department.
Other reasons Ferguson said were cited in the petition for a new unit included the investigators not feeling represented and that they are from separate agencies with different job descriptions, hiring practices and peace officer standards.
Because the district attorney's investigators sometimes are called on to investigate sheriff's employees in criminal matters, “they felt that it would be helpful to reduce any perceived bias or conflict of interest,” Ferguson said.
However, since the sheriff's office also might be called upon to investigate its own staff, Ferguson said she didn't find that reason compelling enough to support the argument that the investigators aren't properly covered by their current bargaining unit.
During the meeting it was noted that the Lake County Deputy Sheriff's Association has represented the district attorney's investigators since 1976.
Frace told the board that the deputy sheriff's association wasn't opposed to the request.
Santor said the small number of district attorney's investigators in the association usually leads to their needs being put aside in negotiations. “That's been the problem and that's why we brought that up.”
She said they do investigations pertaining to all facets of local government. “For that reason we want to be able to be a separate entity so there's no implication of propriety or conflict of interest.”
Their goal is to not be attached to others so people can't say, “'Well, it's the good old boys and they're looking out for each other,'” she explained, adding that they want to conduct investigations as cleanly and efficiently as possible.
Board Chair Anthony Farrington asked if they actually believed that their membership in the deputy sheriff's association was working to their detriment. Santor said yes. He asked for examples but County Counsel Anita Grant cautioned that they can't get into specifics regarding labor negotiations, although they could talk about general concepts.
Farrington asked how the unit isn't representing their interests.
“I'm not going to say that the deputy sheriff's association doesn't adequately represent its members, because I think we do a good job of adequately representing our members, but I can see the investigators' point in wanting to separate, mostly because of the point that Martina brought up about investigating crimes that involve other members of the association or things of that nature,” Frace said.
He added that, in light of the current atmosphere, there are a lot of “good old boys” accusations.
Frace said the deputy sheriff's association board had discussed the matter the previous night. “We really don't have a problem with them doing it.”
Farrington pointed out that there will be more work at the staff level if the request was approved, and having another unit to negotiate with “becomes cumbersome.” Other than that, he asked staff about other negatives.
County Administrative Office Kelly Cox said the request wasn't consistent with the county's ordinance. Farrington said that document could be changed.
Referring to earlier comments made by Santor, Supervisor Denise Rushing said, “You made a statement that I really feel the need to follow up on.”
Specifically, Rushing wanted to know about Santor's belief that a separate unit was needed to assist with clean and unbiased investigations. She asked if they couldn't conduct those now. Santor said they always conduct such investigations.
“So it's public perception you're worried about?” Rushing asked, and Santor said yes.
Grant said during the discussion that the issue of union membership creating a conflict in the ability to do one's job “is a very difficult argument to make.”
She said many factors need to be considered, including staff time and administrative costs.
“Of course this board is sensitive to public perception of conflict,” said Rushing.
But Rushing said she doesn't think it has to do with the bargaining unit. “I think it's probably more related to whether investigations actually happen. I mean, that would be my sense of the public mood.”
Supervisor Rob Brown said he didn't have a problem with the request, but referring to the concerns about public perception, he said he doesn't think the public knows the bargaining units in which employees are grouped.
“The people who have a perception that things aren't happening right are gonna still have that perception, even, regardless of what the decision is here,” he said.
He also asked what the downside of the request would be, noting it wouldn't be as simply as accepting an appeal.
“One of the major downsides is that you can't stop here,” said Cox. “If you allow this, it's not consistent with the ordinance. You're going to end up with 500 groups. Everybody's going to want their own group.”
Brown questioned the possible precedent the board would create.
Cox said it could be taken to an extreme, with employees in every department wanting separate bargaining units.
Rushing suggested they would need more attorneys. “You would need a lot more everything,” said Cox.
Cox also pointed out that the board would have to amend its code. “And I think you're absolutely opening a Pandora's box that you don't want to open if you do that.”
Brown asked if the appeal would have to wait until the code was changed. “I don't think that it could but the board can do whatever it wants,” Cox replied.
“That's the first time I've heard that from you, the board can do whatever we want,” quipped Brown. “I wasn't ready for that.”
Farrington said he wasn't closed to the idea of the new bargaining unit.
Grant said if they want to make changes to the ordinance, the board will no longer have the discretion of going on a case by case basis, but will have to allow everyone a group that wants one. The standards for the process would need to be formalized in a new ordinance.
The board agreed to take the matter under submission and render a decision in 45 days.
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