Los Angeles County had
the power to force peace officers to use excess deferred vacation time so that the
county could avoid making year-end cash payouts for the accrued time, a
California appeals court has ruled.1 The Los Angeles County Deputy Sheriff’s Association
filed the case on behalf of the county’s deputy sheriffs and district attorney
investigators, seeking cash payment for the vacation time the employees were
forced to use. They relied on a county code provision stating that officers
would be paid for accrued vacation time exceeding 320 hours.
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The appeals court found
that the provision didn’t grant the officers an unconditional right to be paid
for excess deferred vacation time but rather was aimed at limiting the amount
of time that could be accrued. Thus, the county’s forced-use policy wasn’t
inconsistent with the county code. Further, a memorandum of understanding
between the county and the Sheriff’s Association made it clear that the county
retained the right and discretion to control employee scheduling and other
employment terms and conditions, including requiring employees to use accrued
vacation.
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1 Association for Los
Angeles Deputy Sheriffs v.
Los Angeles
of Appeals (Dist. 2) No. B188886, 2007