Jury to Determine Damages in Firefighters' Suit Against City of Parkersburg, West Virginia

PARKERSBURG, WV -- Damages in the suit brought by the International Association of Firefighters, Local No. 91 against the City of Parkersburg will go to the jury Monday that ruled in favor of the association last week.

A spokeswoman for Wood County Circuit Court Judge George Hill said the parties will be in court 9:30 a.m. Monday to decide the issue of college incentive pay.

On Tuesday jurors found the city liable for two counts: discrimination in regard to the college incentive pay ordinance and violating the West Virginia statute providing holiday pay for firefighters, said the plaintiffs' attorney, Andrew Katz, of The Katz Working Families Law Firm.

Counts alleging pay disparity and improper calculation of hourly rates were dismissed on motions for summary judgment.

Attorneys representing the city and the firefighters were to negotiate on an amount for damages after the jurors determined liability. If they could not come to an agreement on the amount, the case was to go back to the jury to decide damages.

Katz said the damages for the college incentive pay will be before the jury and there is a possibility the issue of the holiday pay will also go before the jury. Katz said as of late Friday he had received no figures on the holiday pay issue from the city. City attorney Joe Santer did not return a call seeking comment Friday.

On Aug. 14, 2003, the local filed suit against the city alleging violations in six areas: conversion of sick leave hours, longevity pay, pay disparity, college incentive pay, improper calculation of hourly pay rates and improper calculation of holiday pay.

On Aug. 12, 2004 the city made a motion to dismiss the first two counts of the original complaint, discrimination involving conversion of sick leave hours and discrimination involving longevity pay between the police and fire departments. Hill granted the motion on Aug. 13, 2004.