State practice house sides with prosecutor opposite DA

State officials obliged for enforcing labor laws have released a censure opposite Santa Clara County, alleging that county District Attorney Jeff Rosen foul retaliated opposite a prosecutor and kinship romantic after a male criticized one of his policies.

The censure by a Public Employment Relations Board per a Rosen administration’s diagnosis of Deputy District Attorney Jim Sibley would routinely be listened by one of a executive judges. But a matter is initial being motionless in contracting arbitration.

The strap began final year after Sibley claimed that Rosen retaliated opposite him for plainly criticizing his argumentative administrative-leave policy. Sibley, who was on a house of a Government Attorneys Association during a time, mislaid his position as a supervising profession on Rosen’s executive team, as good as a 5-percent compensate reward that went with it. Rosen also eliminated him to an superficial bureau in Palo Alto, adding as most as dual additional hours or so to his daily round-trip invert from Scotts Valley.

Sibley’s kinship filed a grievance, that county officials denied.

Tuesday, county attorneys responded to a practice board’s movement by claiming a group lacks bureau to emanate a censure and has no management anyway over a assignment and duties of emissary district attorneys.

But kinship attorneys who helped write a state law per anti-union taste disagreed, job a agency’s pierce a poignant opinion of certainty for Sibley.

The matter is move concurrently by settlement hearings, that began progressing this year and are set to continue in early January. The arbitor’s preference is binding. But kinship lawyers contend it relates usually to a Government Attorneys Association’s memo of bargain with a county. The state board, on a other hand, would import Sibley’s particular orthodox right to be giveaway from anti-union discrimination.

Sibley, 55, pronounced a send has been quite toilsome since he is now over divided from assisting his mother with their 14-year-old exceedingly autistic son.

“The board’s preference to record a censure is really enlivening to see,” Sibley said. “My son was twisted adult in a fetal position during a cot during his new high propagandize a other day and we had to try to get home as quick as probable from distant divided in a sleet before he had a sum meltdown. The geographical outcome has been terrible on my family.”

Prosecutor Max Zarzana also commended a state house for arising a complaint.

“GAA is beholden that a state of California took a unusual step to meddle and countenance a censure opposite Mr. Rosen for unlawfully retaliating opposite a member by relocating him serve divided from his special-needs son. We wish a County will immediately lapse Mr. Sibley to his position in a categorical office, and send a summary that a First Amendment won’t be trampled upon.”

The brawl centers on a district attorney’s preference to give about 15 of his tip deputies — including Sibley — additional time off starting in 2011 to make adult for a 5 percent reward they mislaid as partial of county-wide cutbacks. The finish run around a compensate cut was argumentative since it authorised a attorneys — who are among a office’s highest-paid lawyers with salaries of $195,340 any — to safety vacation time they competence differently have used and sell it behind to a county after for cash. The vacation payouts would put behind into their pockets about a same volume of income they mislaid in a agreement negotiated by a Government Attorneys Association over Rosen’s objections.

But state Attorney General Kamala Harris final year resolved that Rosen did not mangle any laws or executive rules, and he was re-elected to a second tenure but any opposition.

Contact Tracey Kaplan during 408-278-3482. Follow her during Twitter.com/tkaplanreport.

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