THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, April 25, 1995 TAG: 9504250272
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: Medium: 79 lines
One minute, the deal was on: More than 200 police officers who sued the city for overtime had settled their case for about $1.4 million, or an average of about $7,000 per officer, before legal costs.
But that was early Monday afternoon. By late afternoon, the deal - struck just in time to avoid a trial - was apparently dead.
A group of officers who earlier approved the deal said they had changed their minds.
What happens next is anyone's guess.
``There is a settlement,'' insisted Michael F. Imprevento, a lawyer for 22 of the officers. ``We agree with the city that there is a settlement.''
Not so fast, said Detective Robert Simmons, spokesman for 184 other officers in the lawsuit. ``The bottom line is we're not going to accept it,'' said Simmons, president of the Portsmouth Fraternal Order of Police.
What happened?
It began in February 1994, when 160 Portsmouth police officers sued the city in Norfolk's federal court. They demanded to be paid time-and-a-half for such duties as appearing in court, taking care of police dogs and working through lunch hours.
More officers joined the suit. Eventually there were 206, or nearly the entire Portsmouth police force. A two-week trial was scheduled to start Monday.
Then, over the weekend, there was movement.
First, on Saturday, the smaller group, represented by Imprevento, reached a settlement. Then, on Sunday, the bigger group, represented by Northern Virginia lawyer Michael Kernbach, reached a settlement.
Everything appeared to be fine. Both sides confirmed the deal Monday afternoon.
``We're pleased with the result and believe the city has acted responsibly,'' Imprevento said.
``I think everybody's pleased to have the matter settled,'' Acting City Attorney George M. Willson said. ``It's been a real source of frustration and uncertainty.''
Then, uncertainty returned.
Simmons, who declared early in the day that he liked the settlement, said late Monday he hated it.
``We were under the impression we would get one fee. Once we got looking at it, it turns out it's not what we expected,'' Simmons said. ``The bottom line is we're not going to accept it.''
Detective Ronnie Davis, a 30-year police veteran, agreed. ``We were misled,'' Davis said. ``We thought we were getting 50 cents on the dollar. Somehow that got changed. Now it's 25 cents on the dollar. I can tell you nobody will accept this agreement.''
Kernbach, the lawyer for the bigger police group, could not be reached for comment Monday. Imprevento insisted his 22 officers were sticking with the settlement.
It is not known if the lawsuit can be settled with some officers and not others, or if that means there will be a trial.
The settlement offered $1.4 million to the 206 officers, but not in equal amounts, Imprevento said. Each officer would get a share based on his overtime. Some officers would get little. Others would get five-figure checks.
Imprevento's law firm would take a standard one-third contingency fee. Kernbach's firm would take less, Simmons and Davis said.
Perhaps more important, the settlement means Portsmouth would pay officers in the future for work done before or after shifts, such as maintaining police cars, completing paperwork, testifying in court and maintaining shooting proficiency.
``It never started off to be a money thing,'' said Davis, who began the lawsuit. ``It was started to make the city obey the law.''
In the end, though, both Simmons and Davis said money is crucial. Simmons, for example, said he is owed $37,000 for four years' overtime, but would get only one-fourth, or $9,250, under the settlement.
Davis said: ``I'm recommending that we go back and take the 50 cents on the dollar, like we thought we had.''
KEYWORDS: PORTSMOUTH POLICE SETTLEMENT LAWSUIT by CNB