County prosecutors union wins round in battle with Cooley
By Rick Orlov Staff Writer
Created: 10/06/2011 06:00:16 PM PDT
The union representing Los Angeles County prosecutors won a major round this week in its battle with District Attorney Steve Cooley, with a tentative settlement granting it a permanent injunction and $575,000 in penalties.
The deal calls for the county to pay $125,000 to the Association for Deputy District Attorneys and $450,000 to Deputy District Attorney Marc Debbaudt, who had alleged retaliation for his union activities.
The settlement, still subject to Board of Supervisors' approval, also made permanent a temporary court injunction ordering Cooley to refrain from harassing or intimidating ADDA members based on their union membership.
Cooley and the ADDA have been at odds since the union was formed three years ago, resulting in several administrative and legal battles. Cooley is in the middle of his third term as district attorney and has said he will not seek another term.
ADDA attorney Matthew Monforton called the deal a major victory against Cooley.
"Cooley's days of retaliating against union supporters are over, and his legacy will be stained by being the first D.A. in the nation to require federal oversight of his office," Monforton said.
Cooley had no comment, but Brian Hershman, a private attorney who represented the county in the matter, said he did not consider the settlement a major setback for Cooley or the county.
"Cooley has not been enjoined from any action," Hershman said. "There has been a temporary injunction in place since March 2010, and there have been no problems."
Hershman, with the firm of Jones Day, also insisted there had been no instances of retaliation against prosecutors who were part of the union.
Debbaudt had been transferred from adult felony cases in Pasadena to working on juvenile court cases in Pomona and Sylmar. A prosecutor since 1986, he argued these were jobs usually given to less-experienced staffers. He tied the transfer to his union activities, an accusation that Cooley denied.
"The settlement of litigation reflects the fact of the county's desire to put the dispute and the legal fees behind them," Hershman said.
"What the settlement says is the county will not do what it wasn't doing in any case of retaliating against union members. The county and the district attorney dispute that anyone was transferred in retaliation for union activities."
rick.orlov@dailynews.com
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