A Santa Ana police sergeant who has been battling the city and its police chief in court cannot count the salary he receives as president of a local law enforcement union in calculating his state pension, an administrative law judge has ruled.
Additionally, the money Sgt. Gerry Serrano receives in multiple other categories while on paid leave to head the Santa Ana Police Officers Association — including detective and bilingual salary premiums, holiday pay, and for a uniform allowance — likewise cannot be considered as earnable compensation in determining retirement benefits, Judge Adam L. Berg said in a ruling Thursday, Feb. 17.
The ruling follows an appeal from Serrano of a 2020 decision by the California Public Employees’ Retirement System that found he is ineligible for special assignment pay for his union job because he isn’t performing the duties of a sergeant.
Serrano has been on a paid leave of absence from the Santa Ana Police Department since April 2016, enabling him to serve as union president.
CalPERS calculates pensions based on years of service, age at time of retirement, and the member’s final rate of pay and special compensation.
Serrano has been embroiled in several battles with Santa Ana Police Chief David Valentin and Santa Ana officials involving the Police Department and, according to top city officials, his efforts to increase his pension with an extra city job.
If all items disallowed by Berg had been included as earnable compensation, it would have increased Serrano’s pension by more than 50%, said Seymour B. Everett III, an attorney representing Valentin.
Serrano has filed a lawsuit alleging Valentin is interfering with his ability to lead the union by spying on him and covering up misconduct within the department to win loyalty from rank-and-file employees.
In addition to Valentin, the lawsuit also names Santa Ana City Manager Kristine Ridge, City Attorney Sonia Carvalho and Human Resources Director Jason Motsick as defendants. The lawsuit by Serrano and SAPOA alleges retaliation and free speech violations, and seeks unspecified damages.
“It is believed that Defendants Valentin and Carvalho formed a conspiracy to attack Serrano and the Santa Ana Police Officers Association,” the suit says. “Defendant Valentin and members of his police management team have admitted animosity against Serrano as the president of the Santa Ana Police Officers Association. Conversely, Valentin gives special treatment and turns a blind eye to allegations of misconduct by those he believes will either give their loyalty to him and/or oppose the Santa Ana Police Officers Association.”
Everett denied the lawsuit’s allegations.
“It is intended to personally and maliciously attack chief Valentin and others with baseless and false allegations, in order to intimidate chief Valentin and the city for the personal financial gain of Gerry Serrano,” Everett said in a statement. “Gerry Serrano has placed his personal financial gain ahead of all others, including, but not limited to, an increased personal pension, above the interests of the men and women who bravely serve the city of Santa Ana.”
Berg’s ruling will be considered by the CalPERS Board of Administration on April 19. Santa Ana city officials said the board can adopt the decision, remand it, or issue a decision of its own.