OCEANSIDE -- Nearly three dozen Oceanside police officers have alleged in a lawsuit that the city violated state and federal labor laws by failing to pay them for time spent on job-related duties and not fully reimbursing them for work-related expenses.

City Attorney John Mullen said Tuesday that many of the claims the officers make in the lawsuit, filed earlier this year, are "factually untrue" and involve legal issues that cannot be raised against a government entity like the city.

"The few facts that are alleged in this complaint we would dispute," Mullen said. "We believe the city is in full compliance with state and federal laws."

The city will file a motion to dismiss the lawsuit in the next couple of weeks, Mullen said.

Michael Anthony Jenkins, an attorney for the officers, declined comment Tuesday.

Originally filed in January in Superior Court, the lawsuit was amended and a new version was filed March 28. The city filed papers Friday to move the case to the U.S. District Court in San Diego because it includes allegations that the city violated the federal Fair Labor Standards Act.

The Oceanside Police Officers Association is not involved in the lawsuit, said John Anderson, association president. Anderson declined comment on whether the association has filed any grievances involving issues similar to those raised in the lawsuit.

The lawsuit alleges the city has refused to include the time spent on multiple job-related activities as hours the officers actually worked, and that the officers "in turn were not compensated at their regular, premium or overtime wage rate" for those hours.

Those activities included pre- and post-shift briefings, preparation and finalization of arrest and investigative reports, making court appearances, donning protective gear, working through meal times, and "walking to and from pre-shift and post-shift activities, work areas, stations, the locker room, roll call, the briefing room, the equipment room posts and patrol vehicles."

The lawsuit also alleges that the city has failed or refused to "fully reimburse" officers the money they have spent "purchasing, maintaining and/or cleaning protective gear, weapons, ammunition, uniforms, gear, safety equipment, cleaning and lubricating supplies, and mileage and parking fees associated with traveling to court."

The lawsuit does not say how long the officers have not been compensated for the tasks, nor does it place a value on the alleged lost wages.

The Oceanside Police Department has about 185 sworn officers. The department's Web site stated that it handles 120,000 calls annually.

In January, the Oceanside council voted 3-2 to approve a new contract with the Oceanside Police Officers Association that included raises that made Oceanside's officers the best paid in the county in terms of base pay. Oceanside officers ranked third in the county in overall compensation, which includes salary and benefits, according to the city.

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

Link:

http://www.oceansidepolice.com/default.asp