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Oceanside police K-9 officers sue city

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SAN DIEGO - For the second time this year, a group of Oceanside police officers who are or have been canine handlers have filed a lawsuit against the city, alleging they were underpaid for time they spent on job-related activities.

In the latest case, six police officers allege the off-duty time they spent caring for the police dogs and maintaining their vehicles is time for which they should have been paid but were not fully compensated.

Filed Friday in the San Diego Superior Court, the lawsuit alleges the city has violated multiple sections of state labor laws and asks for an unspecified amount of money for the officers.

The same officers raised similar allegations in a federal lawsuit filed in April accusing the city of violating the federal Fair Labor Standards Act.

City Attorney John Mullen said Wednesday afternoon that the city believes the state labor code sections at issue do not apply to the city. Nevertheless, the officers are paid fairly for the time they spend training the dogs outside their regular work days, Mullen said.

The new Superior Court lawsuit and the federal lawsuit allege that activities for which police officer canine handlers are responsible while off duty include inspecting, bathing, exercising, feeding and training the dogs at home. The handlers also spend time giving the dogs medicine or taking them to veterinary appointments, the lawsuits allege.

Although those activities "were primarily for the benefit and convenience of the city of Oceanside," the city "did not fully compensate" the officers for the time spent on those activities while they were off duty, the lawsuits allege.

The Superior Court lawsuit also alleges that an agreement between the city and the Oceanside Police Officers Association provides handlers four hours of pay per week for training, grooming and caring for the dogs, but that the officers spend "substantially more" than that amount of time on those responsibilities.

Mullen said the four hours of pay is part of the agreement the police officers association negotiated with the city.

"That's what they agreed to, so that's what we believe is reasonable," Mullen said.

In addition to the four hours of pay provided in the agreement, the officers also receive overtime pay for their work with the dogs, Mullen said.

"They get overtime for their training activities that are outside of their normal work day," Mullen said.

The attorney for the officers, Gregory Glenn Petersen, could not be reached for comment by phone or e-mail Thursday.

Houston Alvis, the chairman of the police officers association, traded voice mail messages with a reporter Thursday, but also could not be reached for comment.

Alvis is one of the plaintiffs in third labor lawsuit against the city that also is pending in federal court.

Filed last year on behalf of almost three dozen Oceanside police officers, that case alleged the city failed to pay the officers for time spent on job-related activities like preparing and finalizing arrest reports or attending pre- and post-shift briefings. That lawsuit also alleged the city did not fully reimburse officers for work-related expenses.

Mullen said in April 2006 that the allegations in the federal lawsuit were "factually untrue" and that the city believed it was in full compliance with state and federal laws.

The city sought to have all of the allegations that it violated state laws dismissed from that lawsuit by arguing that most sections of state labor laws regarding wages and hours do not apply to public employers or provide rights to their employees.

Before a judge could rule on the city's request, the attorney for the officers filed an amended lawsuit that removed all of the state law allegations but maintained that the city violated a federal labor law. The trial of that lawsuit has been scheduled for Aug. 11, 2008.

- Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.

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