RADFORD, POLICE OFFICERS AGREE TO SETTLEMENT
Published on May 19, 2004

The city has agreed to settle a federal lawsuit filed by its police officers, giving them a combined $70,000 in back pay plus more than a week's vacation time.

Roanoke attorney Jonathan Rogers, who filed the lawsuit on behalf of 21 officers, said the agreement reached during a mediation session Tuesday in U.S. District Court would pay each officer $3,333.33 plus 45 hours of leave time. It is expected to be brought to the Radford City Council at Monday night's meeting and finalized by the court next week, Rogers said.

On Sept. 18, 22 city police officers filed the federal lawsuit against the city, claiming they haven't been paid for hours worked and were ignored or intimidated when they complained to then Police Chief Wes Terry and city council members. One patrol officer later removed his name from the lawsuit.

The suit alleged that the city had shorted each officer by at least three hours a week since March 2003, when the city switched the police department to a 42.5-hour work week.

The federal Fair Labor Standards Act allows police officers to work up to 171 hours every 28 days without overtime. But the act does require officers to be paid their normal hourly wage for all 171 hours. Officers alleged that they reported at least 171 hours on their timecards but were only being paid for 160 hours.

The lawsuit also said officers were called into work on their days off or during vacations and were not paid for those hours worked.

Attorneys representing the city in the matter and City Manager Tony Cox were unavailable for comment Tuesday.

Officer C.R. Frye, who initiated the civil action, said the officers involved met Sunday and agreed to the settlement.

"I'm satisfied with the settlement," he said. "I'm just disappointed that it had to come to this for any resolution to come about."

The department has about 40 sworn officers, though patrol duties are handled by about 20 officers. The others are devoted to management duties and special operations, such as investigations and D.A.R.E.

The handful of officers who did not sign onto the lawsuit could receive some voluntary compensation from the city later, Rogers said.

The lawsuit was filed against the city and the police department but did not name anyone individually.