SANTA ANA – Faced with a deep budget shortfall and unable to get more money from county leaders, Sheriff Sandra Hutchens said Tuesday that she had no choice but to lay off five members of her command staff who have since sued the department for wrongful termination.

Hutchens returned to Orange County Superior Court following a multiweek break in testimony. She continued to deny targeting five former department higher-ups who allege they were pushed out due to their ties to disgraced former Sheriff Mike Carona.

In testimony before Judge Frederick P. Aguirre, Hutchens calmly answered a series of questions focusing on budget discussions that began shortly after she was placed in charge of the department in 2009, shortly after Carona was indicted on corruption charges.

Despite a mandate to quickly overhaul the embattled department, Hutchens learned that her first battle would be trying to protect the department from the effects of the economic downturn.

“I was quickly told that we were facing a huge budget shortfall,” Hutchens said.

“And did you find out that was true,” asked attorney Norman Watkins, who is representing the Sheriff’s Department and the county.

“Yes. Painfully,” Hutchens answered.

Hutchens said she quickly realized that with personnel expenses taking up an estimated 85 percent of her department’s budget, layoffs were unavoidable. Union and county leaders urged Hutchens to avoid cutting rank-and-file personnel such as deputies or investigators.

“What was the atmosphere in the department?” Watkins asked.

“People were very unsettled,” Hutchens replied. “They were nervous about their jobs.”

Hutchens previously testified that she ultimately chose which command staff members to lay off based on which departments could be combined. She has denied orchestrating the firing of holdovers from the Carona administration.

“Was there anyone you wanted to lay off?” Watkins asked Tuesday.

“Not a single person,” Hutchens said.

“Did you have a hit list of ‘If I have to lay people off, this is who is going to go?’” Watkins asked.

“No,” the sheriff answered.

Aguirre will ultimately issue the final ruling in the nonjury trial.

The lawsuit was brought by former assistant sheriffs Jack Anderson and John Davis, along with former captains Brian Cossairt, Deana Bergquist and Robert Eason. The trial has gone on hiatus several times due to conflicting schedules among the sheriff, judge and attorneys.

The former law enforcement officials – among the highest-ranking department members at the time of the 2009 layoffs – are seeking reinstatement and millions in back pay.

Hutchens is expected to continue her testimony on August 27.

Contact the writer: semery@ocregister.com