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K9 officers sue county

Gary Biggs

Sheriff’s K9 handlers want more overtime pay
By Alicia Ebaugh
Staff Writer
Published: Thursday, July 8, 2010 4:14 AM CDT
LA PORTE — La Porte County is being sued for the second time in little more than a month over issues at the Sheriff’s Office, this time about overtime pay for the department’s police dog handlers.

Deputy Harlan Williams, who handles Hokie, and former handler Deputy Gary Biggs filed the suit against Sheriff Michael Mollenhauer in his official capacity, as well as the county, last week in U.S. District Court. They are being represented by Chicago employment law attorney Charles Siedlecki, who also filed suit on behalf of 19 La Porte County sheriff’s deputies and employees over pay for last year’s RPM Fest.

Williams and Biggs are seeking back pay for up to three years of uncompensated overtime and non-overtime hours worked caring for the dogs, as well as liquidated damages, interest and attorneys fees and costs. That could double or triple the amount owed. The deputies are also seeking a change in department policy to fit with case law, Siedlecki said.

“This has been settled for more than 20 years. The courts have ruled time and time again that these officers need to be paid in accordance to law,” he said.

The exact amount owed has not yet been calculated, Siedlecki said, but it will be “substantial.”

The sheriff’s office has three police dog officers, including Williams, but any deputy who has worked as a canine officer for the sheriff’s office in the past three years would be entitled to back pay, Siedlecki said. He plans to petition the court to make the suit a collective action in case other plaintiffs want to be involved.

Siedlecki alleges the department’s dog handlers have never been adequately compensated for the time spent in the care of their dogs. The officers often work in excess of their normal 40-hour work week to exercise, train, bathe and groom the animals, he said, which would require the payment of overtime compensation according to the federal Fair Labor Standards Act.

But county officials have so far refused to provide back wages, offer overtime or fix the payment policy for the future, Siedlecki said.

“They have ignored this issue just like they ignored the RPM Fest issue,” Siedlecki said. “The way they are doing business is unbelievable.”

According to the complaint, the deputies complained to Chief Deputy Jim Sosinski in 2007 regarding unpaid overtime and were told “the law did not apply” to the plaintiffs. They spoke with County Commission President Barb Huston in spring 2009, who brought the issue before the County Council at an executive session after she was advised by a county attorney they had to pay the officers. The council refused, according to the complaint.

“Such deliberate conduct by the La Porte County Council, despite being fully advised as to the law and liability, constitutes willful defiance of clearly established federal law,” the suit states.

County Council President Mark Yagelski did not returned phone messages on the subject. County Attorney Chris Willoughby, who advises the Commissioners, said County Council attorney Don Baugher would have been involved in that decision. Baugher could not be reached by phone Wednesday.

Mollenhauer disputes Siedlecki’s claim that the sheriff’s department has done nothing, noting that a policy implemented in January adjusted the canine officers’ shifts to include 30 minutes of time for grooming, feeding and other activities. The officers are also paid 30 minutes overtime on their days off, he said.

“Our administration thought it was the right thing to do, and it was with the advice of our attorneys,” he said. Chief Deputy Jim Sosinski worked with county attorneys Willoughby and Craig Braje to write the policy, he said.

However, Siedlecki maintains former court opinions, in accordance with the FLSA, have required dog handlers to be paid 30 to 60 minutes overtime every day for the care of their dogs, including the days they work. The canine deputies also continue to be denied overtime pay during vacation days and sick days, he said.

“They never even engaged these officers in negotiations about their pay. They just unilaterally imposed it,” Siedlecki said. “It seems like they’re just making it up as they go along.”

Mollenhauer said the current canine deputies never voiced an opinion when the policy was put in place.

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Sheriff calls suit political

By Alicia Ebaugh
Staff Writer
Published: Friday, July 9, 2010 4:13 AM CDT
LA PORTE — La Porte County Sheriff Michael Mollenhauer said Thursday a lawsuit regarding overtime pay for the department’s police dog handlers is politically motivated.

“The election is over. My former opponent’s supporters are still trying to bring an unfavorable light on the same department they represent. They cannot control their egos and ‘sour grapes’ attitude over losing the election,” Mollenhauer wrote in a release. “Now they’re attempting to get into the pockets of the taxpayers to ease their pain.”

Deputy Harlan Williams, who handles Hokie, and former handler Deputy Gary Biggs filed the lawsuit against Mollenhauer in his official capacity, as well as the county, last week in U.S. District Court. They are being represented by Chicago employment law attorney Charles Siedlecki, who also filed suit on behalf of 19 La Porte County sheriff’s deputies and employees over pay for last year’s RPM Fest.

Williams and Biggs are seeking back pay for up to three years of uncompensated overtime and non-overtime hours worked caring for the dogs, as well as liquidated damages, interest and attorneys fees and costs. The deputies are also seeking a change in department policy to fit with case law, Siedlecki said.

Siedlecki alleges the department’s dog handlers have never been adequately compensated for the time spent in the care of their dogs. The officers often work in excess of their normal 40-hour work week to exercise, train, bathe and groom the animals, he said, which would require the payment of overtime compensation according to the federal Fair Labor Standards Act.

Mollenhauer said both Williams and Biggs were supporters of Sheriff’s Capt. Dick Buell in the May Democratic primary election. Biggs is the son-in-law of County Commission President Barb Huston, he said, and Buell is Williams’ shift supervisor.

“You’ll notice that the officers are only suing for the past three years of overtime allegedly owed to them. It is not a coincidence that this period of time coincides with the amount of time I have been in office,” Mollenhauer wrote. “These officers were K-9 officers for most of the previous administration as well. They’re not suing for that.”

Siedlecki said the suit was simply filed within the statute of limitations for FLSA cases, which is within three years of a willful violation.

According to the complaint, the deputies complained to Chief Deputy Jim Sosinski in 2007 regarding unpaid overtime and were told “the law did not apply” to the plaintiffs. They spoke with Huston in spring 2009, who brought the issue before the County Council at an executive session after she was advised by a county attorney they had to pay the officers. The council refused, according to the complaint.

“Such deliberate conduct by the La Porte County Council, despite being fully advised as to the law and liability, constitutes willful defiance of clearly established federal law,” the suit states.

County Council President Mark Yagelski did not return phone messages on the subject. County Attorney Chris Willoughby, who advises the Commissioners, said County Council attorney Don Baugher would have been involved in that decision. Baugher would not confirm or deny if he spoke with council members on the matter.

“I can’t comment on any advisement I may have given them, on any issue,” he said.

Mollenhauer disputes Siedlecki’s claim that the sheriff’s department has done nothing, noting that a policy implemented in January adjusted the canine officers’ shifts to include 30 minutes of time for grooming, feeding and other activities. The officers are also paid 30 minutes overtime on their days off, he said.

“Our administration thought it was the right thing to do, and it was with the advice of our attorneys,” he said. Chief Deputy Jim Sosinski worked with county attorneys Willoughby and Craig Braje to write the policy, he said.

However, Siedlecki maintains former court opinions, in accordance with the FLSA, have required dog handlers to be paid 30 to 60 minutes overtime every day for the care of their dogs, including the days they work. The canine deputies also continue to be denied overtime pay during vacation days and sick days, he said, although Mollenhauer maintains the deputies are paid overtime on vacation.

“They never even engaged these officers in negotiations about their pay. They just unilaterally imposed it,” Siedlecki said. “It seems like they’re just making it up as they go along.”

Mollenhauer said the current canine deputies never voiced an opinion when the policy was put in place.