OCEANSIDE: City settles with police officers in two wage disputes
By CRAIG TENBROECK - Staff Writer | ∞
OCEANSIDE ---- The city settled two lawsuits with groups of police officers this week by increasing pay for canine handlers and giving most rank-and-file officers extra paid time off.
The first suit was brought by six officers who claimed they weren't paid enough for taking care of police dogs. The city agreed to pay a slightly higher rate for at-home animal care and write a $48,000 check to the plaintiffs for back pay, City Attorney John Mullen said.
The second settlement was more complex.
Oceanside agreed to give 6,000 hours in paid leave and $120,000 for attorneys fees to 26 officers who claimed they should have been paid for putting on uniforms, preparing cars before shift and other work-related chores they did off the clock.
Originally, the officers wanted between $2 million and $3 million, Mullen said.
Since the lawsuit was filed in 2006, the Police Department has changed its policies, assigning cars to officers and giving them 10 minutes at the beginning of each shift to get ready for work, Mullen said.
The city put restrictions on the leave time to lessen the sting on the Police Department. Plaintiffs can cash out 10 percent of their hours each year, potentially costing the city $210,000 over the next decade, Mullen said.
Councilman Jerry Kern supported the settlement, saying it was better to "get it done, get it out of the way," than risk a potentially costly trial.
"Do I like paying the cops for getting dressed and undressed? No. I think it's silly," Kern added.
Councilman Rocky Chavez opposed both deals earlier this year when the council approved them 4-1 in closed session.
"It just seems to me that we've gone to great lengths to monetarily compensate (police officers) with great wages and then our payback for that is a lawsuit," Chavez said Wednesday.
Oceanside's sworn police officers are the county's second-highest paid, according to a city salary survey in January.
Federal judges signed off on the settlements this week, dismissing the cases.
Alim Malik, one of the officers' attorneys in the larger suit, declined to comment Thursday.
Mullen predicted that it could be years before there is case law addressing an employer's obligation to pay for such pre- and post-shift work.
Many cities are dealing with the same kind of labor dispute. Santa Rosa settled with 80 of its officers this year for $240,000. San Luis Obispo made a deal with its police union for $55,000 and scheduling concessions.
To prevent similar lawsuits from officers who weren't part of this case, the city obtained releases from 160 of them in exchange for 80 hours in leave.
"It is very difficult, if not impossible," to quantify the cost of that concession, Mullen said, because it can't be converted to cash and some officers may not use it. The officers will not be able to use it on days when the city would incur overtime expenses or drop below minimum staffing levels, Mullen said.
Contact staff writer Craig TenBroeck at (760) 901-4062 or ctenbroeck@nctimes.com.
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JD wrote on Nov 6, 2008 9:01 PM:...!!?? Get paid to get dressed and undressed?? Oceanside police just gave San Diego Law Enforcement a black eye.
JD Agree wrote on Nov 6, 2008 11:03 PM:...!!?? Why is this being released two days after the election? Didn't OPOA and Fire Unions support Wood/Sanchez? Looks like payback to me.
joke wrote on Nov 7, 2008 2:22 AM:JD...get a clue, a black eye...get a life
Larry wrote on Nov 7, 2008 5:32 AM:Just a matter of time until the cities start running out of money just like the state. Deals like this just facilitate the process.
Another idea wrote on Nov 7, 2008 5:35 AM:San Bernardino County Sheriff faced the same type issue about five years ago from their k9 officers. It was very easy to resolve. They got their money and then the program was canceled. That is a leader with b%lls and I think the other whinners got the message. Being a on a specialty team is a privilage...not a right.
Oceansides Finest wrote on Nov 7, 2008 5:35 AM:Just proved they really aren't! Can't wait until my phone rings next time looking for the hand-out. What a disgrace!
POLITICAL MANIPULATION wrote on Nov 7, 2008 6:34 AM:Kern is right this is silly. So why did Attorney Mullen sit on this, I hope it was not because of potential impacts to incumbents. What else has the City Attorney been sitting on to avoid impacting the election? The prior decision in closed session was not announced until what, the police sign the deal or the check is delivered, which is it, because the delay on this announcement stinks for what it is Mr. Mullen, POLITICAL MANIPULATION.
Coast Watcher wrote on Nov 7, 2008 6:55 AM:Now the cops will have more money for the next campaign so they can run more attack ads. I have given my last donation to either police or fire. They do not serve us well. Maybe it is time to contract out these services to organizations that actually have the public good in mind.
To Coast Watcher wrote on Nov 7, 2008 7:23 AM:What does one have to do with the other. What someone does on their own time and how the service they provide while working are totally different. I agree the union tactics were bad, but the firefighters and police are still the best around. Remember the Police and Fire Departments are different then the Police and Fire Unions.
Pirate wrote on Nov 7, 2008 7:31 AM:Notice the settlement and executive session vote was done earlier this year but not released by the city until after the election. I don't think it is the role of city officials to manipulate the election by withholding information. What do Jim and Esther think?
Greed wrote on Nov 7, 2008 7:35 AM:OPD is one of, if not the highest paid PD in the county, along with great benefits and retirement plan. OPD allows many to take home cars from the chief, captains, lieutenants, motors, detectives, canines, and others. Although a FEW officers demonstrated in my opinion a diplay of greed and pettiness, this will surely effect all of the officers and community in the long run. I am sure that the city can cut down on the amount of perks that they give to officers that will lower expenses, hopefully involivng this fleet of free transportation to and from work. As far as call outs go, let them drive their own cars to the station, request mileage if they must, but cut down the freebies. Taxpayers are being bled dry, and if this bleeding is not appreciated, spread the pain. So OK ingrates, you got your checks. I can only hope that every moment you think of police work you are now compenstated. Of couse for some of this crowd, if that was the case, they might actually owe the city some back pay.
To coast watcher wrote on Nov 7, 2008 7:40 AM:The vast majority of officers were not involved in this law suit. 26 officers and the canines are not the majority of the department. As far as the politics, you are refering to the associtaion. I hate the law suits and greed, but be assured that you are being served well, and most cops did not buy off on this law suit. If you really want contracted service, maybe you should move to such an area that provides it.
Gene wrote on Nov 7, 2008 7:43 AM:Hey OPD...Haven't you every heard of setting your alarm clock to maybe an hour ahead. Maybe the rest of us should cry and tell our employers that we would like to get paid for brushing our teeth, putting on our work clothes, having breakfast (because breakfast is the most important meal of the day, without breakfat, we wouldn't be able to function at work) CRY ME A RIVER OPD
OPD OFFICER wrote on Nov 7, 2008 7:51 AM:To my fellow officers who participated in these suits. You have embarrased me and the MAJORITY of the department with your actions. I love my job and I love working for OPD. I don't complain about my pay ESPECIALLY in times like these where the unemployment rate is up and people are losing their homes. I make pretty good money for the job I do. To those who question my validity as an Officer, I can't prove it to you in this forum so I won't even try. To the citizens of Oceanside, please know that MOST of the officers you see and serve you did not want (because they had the chance) these suits to go forward. We are here for you.
sdia2cc wrote on Nov 7, 2008 8:14 AM:OPD Officer,
I appreciate your candor, its honest. but you know that comparible cities/counties have better compensation. You are a credit to your Department, but you should be compensated to allow YOUR family to have a good life while you are away at night/holidays and oh yes that risk factor!! I do not live in O'side and hope more Officers have your passion. YOU do deserve better pay in this county along with other PD and FD in this cheap county. Godspeed to you sir.
people wrote on Nov 7, 2008 8:19 AM:The City of Oceanside continues to violate the law as it relates to the Labor Code. Thier lucky they didn't go to trial because it would have costs millions. The real problem is that Chief McCoy did not support his people in either suit. It's ok to spend a million dollars on the fireworks last year but to pay the officers is a travesty. Wat to go Oceansiders.
I bet wrote on Nov 7, 2008 8:42 AM:that if i made that kind of claim to my boss after he picks himself up from the floor from laughing so hard at me he would fire my A.. right away I'm not saying OPD should fire this officers although im quite surprised that the lawsuit made it to court.. Oceanside needs more officers like OPD OFFICER. Keep serving our community
OPD OFFICER show us what you are made of wrote on Nov 7, 2008 8:49 AM:If you are so concerned with this action, when you get you share of the loot, sign the check over to the City. Make it a challenge to all OPD OFFICERS.
Coast Watcher Again wrote on Nov 7, 2008 8:51 AM:The members of the police and fire departments are the members of the fire unions! Any attempt to separate the two is deceptive at best. They pick the union leadership that condones suing for more pay. The firemen vote for their leadership that runs vicious and untruthful attack ads in order to frighten people into voting for certain candidates. You can not separate the two. If a fireman or a police officer tells you that they had nothing to do with this nasty campaign they are either lying or they cowards for not standing up to the union bosses that they selected.
This is a rip wrote on Nov 7, 2008 8:58 AM:If you don't like the job and what it pays quit. No can't do that let's run to the Mommie Union and cry and whine. Don't be a dog handler if you don't like the pay. Get paid to dress and undress..PLEASE. How about deducting pay when they are sitting on their #$% eating donuts drinking coffee which is most of the time. As a Taxpayer I am tired of getting ripped off by these and all civil servants!
Coast Watcher is correct wrote on Nov 7, 2008 9:23 AM:I have not heard one word in protest from anyone on the police and fire department protesting the scare tactics and deceptive use of fire trucks. The union and the department is the same thing. May be it is time to out source these jobs to people who care about the citizens and taxpayers of Oceanside instead of trying to rip us off for every penny they can get. Didn’t the Canine Officers understand that the dog came with the job before they applied? You can’t say you really want the job and cry poor me when actually have to do it. If they don’t want take the full responsibility of being a canine officer they should turn in their dog and go back to patrol.
So What is the real cost wrote on Nov 7, 2008 9:25 AM:160 Officer at 80 hours each plus 6000 hour for 26 more officers, that equals 18,800 hours which is the equivalent of 9 officers for one year. WOW! At $35 per hour this equals over $650,000 except the leave time not sold back will require backfilling with overtime. It looks to be over a $1 million value settlement. Who negotiates these deals for the City, the OPA president? It sure smells like a pay off to me- shoveled to us through a slippery tongued attorney.
Disgusted wrote on Nov 7, 2008 9:29 AM:So does that now mean that the next law suit will be for time in the barber or beauty chair?
Oh pLEEEZZZ stop this insanity.
Jim, Esther, Jerry and Jack, shame, shame on you!
BTW, the only one didn't vote for this needs to be commended. Thank you Rocky Chavez for not completely embarrassing us.
Dude wrote on Nov 7, 2008 9:31 AM:Personally how many of you can't drive to work in what you will wear at work? How many of you put on 30-40lbs or gear, have to check a gun and other equipment to make sure it is serviced and ready to work, wire yourself for communication etc. Its not like getting ready for casual friday at the office its a little different. Not that I agree with it but just being fair.
City Attorney Spins Press wrote on Nov 7, 2008 10:08 AM:Why were these two different law suites released at the same time, a day after the election? Limits exposure of bad decisions by city attorney and Wood/Sanchez before the election. I wish we had a press that would think.
Love OPD wrote on Nov 7, 2008 11:10 AM:I love OPD and think they do a fantastic job! EVERY employer must pay for time an employee uses to prepare for the job if they need to use special clothing & equipment. That's the law! Look it up folks. This continuous bad blood from the politicos towards the cops is getting really stale.
D in Oceanside wrote on Nov 7, 2008 11:13 AM:How can I get a list of the names of the people (police) that filed the suit?
To Love OPD wrote on Nov 7, 2008 12:14 PM:Yes this is the law for meat packing industry, that is where this all started. This is just craziness and everyone is willing to settle out rather than loose the fight. Well Mullen your record is still in tact, but your backbone is missing.
What a deal wrote on Nov 7, 2008 1:00 PM:You have got to be kidding me. Only from a union would you get paid to put your clothes on. This sort of abuse of taxpayers should cause the public to stand up and say no more free lunches for the public safery unions.
To the OPD OFFICER wrote on Nov 7, 2008 1:15 PM:what a great job to stand up for yourself. Please reject that comment about paying back you share of the loot!! You know how stupid the people YOU protect can be. Stay safe.
To Dude wrote on Nov 7, 2008 2:08 PM:As a Marine, I wore and carried much more than an OPD union member and never thought twice about getting paid to get dressed to do my job. I guess it is about how you define character and service.
Coincidence wrote on Nov 7, 2008 3:48 PM:This must be a coincidence because even in Chicago they wait at least 30 days post elections to announce political pay offs, we can not be that stupid. But looking at the settlement, do you think it is enough, after all these same officers must drive to work and they have to do so in their own cars and on their own time. And the dogs, they don’t get paid at all. It just somehow does not seem to be enough; the settlement at 80 hours, only covers two years worth of ten minutes a day loss time. Some of these officers have been getting themselves dressed on their own time for years, it just isn’t right.
Think about this wrote on Nov 7, 2008 4:10 PM:First the numbers. 3 or more former OPD cops were on this suit, that leaves about 23 who may still be still working there. Out of roughly 210 officers, that leaves 91% who did not want to get more out of the taxpayer for this. They considered this part of the job. On the dog suit, approx. 25 handlers/former handlers could've sued on this case, but only 6 did (76% did not)..so before everyone, who should be concerned, BTW, attacks all OPD, look at the numbers. The few are not the rule. Most of OPD will not take the hours in pay annually or use them. Many tried to refuse the hours, but that was not part of the deal, alot of the hours will sit in accounts until the officers retire, leaving it back to the city because they DO give a crap about the city.
Outsource nuts wrote on Nov 7, 2008 4:16 PM:Who would you outsource to, a security guard company, the Sheriff Department? Now there is someone that would care for the city. An elected Sheriff that is sub contracted by the city to provide service, therfor the Sheriff can do what he wants with his people since he is an elected official,no one in the city has power over him unless you get rediculus and want to go somewhere else when they don't make you happy. You would have to fire the whole Sheriff Department. SO COMPLAINERS GET REAL AND THINK.
Think about this again wrote on Nov 7, 2008 5:20 PM:The settlement included 160 of our 210 Police Officers, each Officer got an additional 80 hours of compensation time. This is over $2000 per officer. I agree with the guy who said give it back, prove your intent.
inside the city wrote on Nov 7, 2008 5:41 PM:The city is a joke, how they treat the employees, just look at the lifeguard service, no benefits for anyone if your not considered "management" but they have lifeguards that work more than the "management." Tons of dirty little secrets about this city!! They just love sweeping it all under the rug
Think this over wrote on Nov 7, 2008 5:44 PM:Do any of us get paid to dress at work? I do not know about most (except OPD)but I get dressed BEFORE I leave the house and the amount of time that takes IS NOT my employers problem.
The law wrote on Nov 7, 2008 6:20 PM:I believe it is the Fair Labor Standards Act which has a provision for time to get dress into specialized gear. This is really designed for workers like coal minors, welders, and similar jobs which require SPECIALIZED clothing (not uniforms) on the job. These folks cannot put this equipment on at home. They HAVE to do it on the worksite. Police uniforms can be put on at home like other uniforms or work clothing. They can CHOOSE to do it at work, but it is a choice.
Under the law, they should be paid for preparing the cars and care of equipment.
Karl wrote on Nov 7, 2008 6:35 PM:inside the city
[-] wrote on Nov 7, 2008 5:41 PM:
Go ahead and jump in. Run for council, volunteer for a commission or volunteer for an intern position. Complaining and accusing is easy, working for solutions is what separates the winners from the whinners. Loser!
To the law... wrote on Nov 7, 2008 7:50 PM:guess again. Cops DO NOT wear their uniforms to work. Actually most departments advise NOT TO wear their uniforms to work. Why? If they are driving and someone notices them, well they have been shot at a few times. Also, if there is an emergency people will think that they HAVE to help. Even if they are not on duty. This is because they do not have they equipment they may need to assist.
Please don't act like a know it all. The department sets this standards, not the cops. Also, keep in mind, there is only so much equipment for each department and the cops have to share this equipment. This why they work in shift. Just in case the know it all, didn't know that.
Lisa wrote on Nov 8, 2008 7:33 AM:To Dude: God bless you son, and know you have our respect.
To To the law... wrote on Nov 8, 2008 7:56 AM:The post was talking the DIFFERENCE of being ABLE to wear the uniform to work and the necessity of HAVING to wait until one gets to work.
“Advising” the police not to wear the uniform still gives the choice which makes law applicable. If the department REQUIRES them to wait to get work, they should be paid for that time.
By the way, I am not a “know it all”. But I did study labor law in graduate school. These posts would be a lot more pleasant if people would stop making phases they wouldn’t dare use face to face.
DEJAVU wrote on Nov 8, 2008 11:24 PM:When I eas young I worked at a place that required us to come in for four hours on Saturday to clean the shop. We were not paid to do that. I quit for a better job and a few years later there was a law suit about the practice and everyone got paid back pay for the Saturday work and at overtime pay. The city would have lost this suit if they had gone to court and paid them a pittance of what they would have gotten in a law suit. If they require the officers to do thinga out of wokring hours, they have to pay for it. It is simply the law.
If OPD Officer is proud wrote on Nov 9, 2008 10:40 PM:He should put his or her name out there and stand on his name! Who are you? This is a big fraud! OPD Officer is not even a real officer!
Yeah Stand and be identifiied wrote on Nov 9, 2008 10:42 PM:Who are you OPD Officer? That's right! You aren't even a police officer or a union memeber! What is you real name? Please!
Oceanside needs to start bringing ini business wrote on Nov 9, 2008 10:44 PM:Start building sky scrapers! or it will always be a little olde crack town!
Girls rule wrote on Nov 10, 2008 11:36 AM:I can believe that there are some on the OPD force that want compensation for everything they do, but preparing for your shift???? Are you kidding me? Now, I can't wait for the fire fighter who's suing for age discrimination because he's never gotten a promotion. These dudes need to all get a clue. If you were worth it, you would've been promoted and compensated. The city of Oceanside needs to weed out these lazy union bums ~ clean house, and employ loyal committed individuals to provide our safety services in the future! I've had enough.
Why dont all of you apply wrote on Nov 10, 2008 7:36 PM:Both the OFD and OPD are hiring! We can't keep officers and firefighters!
Teenager convicted of murder in cop-killing wrote on Nov 10, 2008 7:41 PM:VISTA ---- A teenage gang member was convicted Monday of first-degree murder for the 2006 shooting of Oceanside policeman Dan Bessant.
The jury's finding after two days of deliberations means Penifoti Taeotui, 18, faces life in prison without the possibility of parole when he is sentenced....
Prosecutors contended that Taeotui and two fellow gang members were drinking beer and playing with guns when they spotted Bessant and another officer at a traffic stop on Arthur Avenue in Oceanside on Dec. 20, 2006. Oh by the way! They shot at police for the only reason being that were police! Like sitting ducks! Yeah a real easy job!
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