THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, September 7, 1995 TAG: 9509070430
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 59 lines
The city has agreed to pay $200,000 to 36 police sergeants, lieutenants and captains to settle a federal lawsuit over the police officers' overtime pay.
The money represents two years of back overtime pay. Each of the 36 supervisors will receive $5,555.55, even though they worked different amounts of overtime.
The city will pay another $50,000 to cover the officers' legal fees.
This is the third time in recent months that a local city has settled a federal overtime lawsuit with its workers.
In April, Portsmouth agreed to pay $1.4 million to 206 police officers who sued for overtime under the Fair Labor Standards Act. Last month, Chesapeake agreed to pay paramedics $362,469 - about $5,000 per worker - for two years of back overtime pay.
The Norfolk settlement resolves a lawsuit filed in January by 36 police supervisors under the federal labor act. The settlement will formally be entered in court by week's end.
It will not, however, affect three other lawsuits pending against Norfolk by other police groups claiming back overtime: 43 detectives, 24 K-9 officers and eight animal control officers.
It also will not affect police departments in other cities, lawyers on both sides agreed.
Under the settlement, the 36 police supervisors will not automatically be entitled to overtime pay in the future. All sergeants will be reviewed to determine their eligibility, but not the lieutenants and captains.
The city did not admit liability in the case, but ``in order to avoid the vagaries of litigation and unnecessary personnel strife, we've decided to settle,'' City Attorney Philip R. Trapani said Wednesday.
Michael F. Imprevento, the police supervisors' attorney, declared, ``We're pleased with it.''
The issue in this case: Are Norfolk's police supervisors entitled to overtime pay or are they exempt because they are supervisors?
A jury trial began Wednesday in Norfolk's federal court. Fifteen witnesses were called over three days, including Police Chief Melvin High. Closing arguments were scheduled for Tuesday, but the settlement was reached over Labor Day weekend.
Under federal law, supervisors who do more than 20 percent of their work in nonsupervisory roles are eligible for overtime pay, Trapani said. That may include some of Norfolk's sergeants but none of its lieutenants and captains, he said.
During the trial, testimony focused on the city's policies on discipline and military leave. Testimony showed that both policies were inappropriate for supervisory employees, Imprevento said.
With this settlement, the focus now shifts to the three remaining police lawsuits.
The K-9 case is scheduled for trial later this month. The detectives' and animal control officers' cases probably will be combined and tried in January, Imprevento said. by CNB