Charleston Firefighters Want City's Motion in Overtime Case Dismissed

Charleston firefighters are asking a federal judge to dismiss the city's motion for a declaratory judgment dealing with the way overtime compensation is calculated.

Last February, city leaders asked a federal judge to rule on the way overtime rates for firefighters were calculated. They said they wanted to preempt a lawsuit by the civil servants.

The city had changed its method for calculating firefighter overtime. Until last fall, vacation and comp days were factored in to determine an hourly rate for overtime payments.

Firefighters are paid salaries, but an hourly rate must be calculated to determine an overtime rate.

City leaders made the change to save money. In 2010, Charleston paid its firefighters $1.6 million in overtime.

Disregarding the vacation and comp days reduced the hourly rate and thus decreased the amount paid in overtime wages.

The change is in compliance with the federal Fair Labor Standards Act, City Manager David Molgaard has said.

Molgaard claimed the city's decision years ago to factor in vacation and comp days was based on a 1993 court case in Wichita, Kan.

In the case of Aaron vs. Wichita, the court said vacation and comp days were to be factored into the equation overtime was calculated. But later that year both parties asked for a rehearing and the judge reversed the ruling.

However, in 1993, city officials did not hear of the reversal and continued to factor the vacation and comp days into the overtime calculation.

In their motion to dismiss, firefighters contend the Charleston decision to factor in vacation and comp days pre-dates the 1993 Wichita case. This city's method stemmed from an agreement between city officials and firefighters in 1990, the motion reads.

Molgaard declined to comment on the specifics of the motion to dismiss, saying the issue is currently before the court.

"Our response to this will be made through the legal proceedings," he said.

The city has 30 days to respond to the motion to dismiss.

"I'm sure we'll file our response before the deadline," he added.

City Attorney Paul Ellis also could not address specific claims in the motion to dismiss, saying to do so would violate the attorney's code of conduct to comment on pending litigation.

"They (firefighters) filed a motion to dismiss and we disagree," Ellis said. "Their motion speaks for itself, and I'm sure ours will, too."

Danny Anderson, secretary/treasurer of the Charleston Professional Firefighters Association, also declined to comment, and Myron Boggess, president of the Professional Firefighters Association, did not return calls seeking comment.

The Professional Firefighters Association represents firefighters in the city.

The motion to dismiss states that the city breached a contract with firefighters when it altered the overtime formula.

The firefighters also claim the changes reduced their pay by amounts ranging from $1.68 to $2.70 per hour.

The Firefighters Association brought the issue before the Charleston Civil Service Commission, which ruled that it had no jurisdiction.

The association has appealed that ruling to Kanawha Circuit Court. Ellis thinks this appeal will not progress until the federal case is resolved.

Charleston officials decided to take the issue to federal court to end the wage dispute, which could drastically affect the city budget passed in March.

"Obviously, this is in everyone's best interest to get this behind us," Molgaard said.

"We want to do what's right, but at the same time we want to uphold our responsibility to provide services to our residents efficiently," he added.

A federal court hearing has not been scheduled.