Yorktown K-9 Cops Sue Town For Overtime

  • Comments (14)
Yorktown Police Officers Jason Swart and Justin Foley say they are due overtime for caring for their police dogs. Photo Credit: File
Police Officer Jason Swart with his former police dog Caesar. Photo Credit: File

YORKTOWN, N.Y. – Jason Swart and Justin Foley, officers in Yorktown Police Department’s K-9 Unit, have sued the Town of Yorktown for additional overtime incurred while caring for their police dogs.

The officers are seeking time and a half for three years of unpaid overtime they say they are due under the Fair Labor Standards Act of 1938 because of “time spent caring for, exercising, training, maintaining, and ... cleaning up after their police dogs in said time period,” reads the case that was filed on Jan. 4.

The summons was issued to Yorktown on Jan. 11 and accepted by Town Clerk Alice Roker. It is filed in the U.S. District Court for the Southern District of New York.

Swart and Foley are not asking for a specific reimbursement. According to the summons, the employment and work records are controlled by the town, and the officers cannot “precisely state the exact amounts owing to them.”

“I have not familiarized myself with it enough to comment on it. It just came in,” said Town Supervisor Michael Grace. “Hopefully it will go away, sooner than later.”

The town must respond to the summons by Feb. 2.

  • 14
    Comments

Comments (14)

livefree:

Mr. Grace, have you familiarized yourself with this? We would like to know what you think.

Truth:

Just hit the send button once vi.johnston look at all the megabytes you have wasted...not as much of a waste as this lawsuit is from the two knuckleheads

vi.johnston:

Listen, if you can't take care of the dogs, get out of the program. Next you're going to want to get paid for maintaining your deit to be able to work. Where does it end. Yes, Earl Hawk and George Anderson must be turning in their graves! Totally agree. These two offiecers should have served in their time. Would have worked for a living! Not at a hundred thousand dollars a year either!

GoodSyntax:

I agree that you should invest your personal time in caring for the dog, but there should also be an additional stipend to cover feeding, flea/tick treatments, etc. Just because you are part of a K-9 unit doesn't mean that you have to absorb the additional cost for the maintenance of what amounts to town property. These are not personal pets, and they can be assigned to different officers, so with that in mind, the upkeep should not be fully borne by the officer.

It's simple....Time and a half for upkeep, no. Stipend to offset additional costs, yes.

angel125:

The K-9 is a cop.Being so he must be getting a salary .That should take care of food,medical,etc. Right or wrong? I don't know that is why i'm asking.

Francis T McVetty:

There is always someone that screws up a good thing for others, isn't there? With their actions, they jeopardize the whole K-9 operation. Maybe it is time for them to rethink their actions for the sake on the K-9 unit.

livefree:

Well this answers most questions:
http://www.policek9.com/Fleck/FLSA%20Article.pdf
Time for the dogs to go. These cops are making $100,000 a year and are entitled to more compensation for what amounts to "dog watching".
Mr. Grace, the summons was accepted by the town clerk on 1/11, that was 2 weeks ago. What do you mean that you aren't familiar with it because it just came in? You have a week to respond. Think you'll be familiar in time?

Boilermaker:

There should be a fixed allowance that goes along with the Dogs care.
The Dog is the property of the Towns PD. Who pays for the food.?
In the past Assembly Man Dr. Katz has voluntary cared for the dogs medical needs.
There should be a seperate budget line in the PD budget as this is a special assignment.

Boilermaker:

There should be a fixed allowance that goes along with the Dogs care.
The Dog is the property of the Towns PD. Who pays for the food.?
In the past Assembly Man Dr. Katz has voluntary cared for the dogs medical needs.
There should be a seperate budget line in the PD budget as this is a special assignment.

Truth:

Time to get rid of the dogs, cost this town $ when they assist other agencies . The County should have dogs, along with all the special units they have. How can these two clowns sue and not know what they believe they are owed? Did this just come out of the blue or did they file a grievance prior? Where was the PBA? There must be more to the story that won't come out, which unfortunately is all to common in town

Five:

Get rid of the K9 Dogs they are not needed

livefree:

Didn't the town's insurance premium go up this year, in part due to the amount of lawsuits against the town? Is this an issue that needed a lawsuit? Why has it taken these officers 3 years to get this straightened out? Why are our insurance premiums going up because the people that we pay with our tax dollars are suing the town, causing our taxes to increase? Isn't payment of a K-9 officer clearly spelled out somewhere? Of course you have to take care of the dog. They knew this before they had that job responsibility. Another great quote from Supervisor Grace, "Hopefully it will go away". Keep hoping Mike.

kohl10:

Chief Hawk and Officer Anderson must be turning over in their grave.

Take the K-9 dogs away from these officers and show them the door!

JCheech:

This is BS. If you want to be a K-9 cop, you should have to be willing to invest your personal time in caring for the dog.

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