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06/14/89 Michael Aiardo Et Al., v. the Village of

June 14, 1989

MICHAEL AIARDO ET AL., PLAINTIFFS-APPELLANTS

v.

THE VILLAGE OF LIBERTYVILLE ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

540 N.E.2d 861, 184 Ill. App. 3d 653, 132 Ill. Dec. 939 1989.IL.889

Appeal from the Circuit Court of Lake County; the Hon. Charles F. Scott, Judge, presiding.

APPELLATE Judges:

JUSTICE NASH delivered the opinion of the court. DUNN and REINHARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE NASH

Plaintiffs, Michael Aiardo et al., who are police officers employed by the Village of Libertyville, appeal from a summary judgment entered in this declaratory judgment action in favor of defendants, Village of Libertyville, its police department, and Roger H. Stricker, chief of police. Plaintiffs contend the trial court erred in entering summary judgment and making findings (1) that the time allotted for lunch was not work time, the officers' actual workday was 7 3/4 hours and they were not entitled to overtime compensation for working in excess of eight hours in a day; (2) that the Village of Libertyville did not have to pay this overtime compensation because no appropriation had been made for it; (3) that plaintiffs were guilty of laches ; and (4) they failed to exhaust their administrative remedies by not pursuing their claim under the grievance procedures established by the Village of Libertyville. We reverse the summary judgment and remand.

This action was brought by certain supervisory and nonsupervisory officers of the Libertyville police department seeking declaration they are entitled to compensation for the 15 minutes each working day that they spent at roll call, which, they alleged, has been uncompensated since a new roll-call policy was instituted by the chief of police in September 1982. The record discloses that prior to that time, the police officers regularly worked an 8-hour day and 40-hour week. Departmental general order 83 -- 3, effective January 24, 1983, states that there are three shifts which start and end as follows: 0700 through 1500 hours, 1500 through 2300 hours, and 2300 through 0700 hours. In August 1982, Roger H. Stricker became chief of police and established a policy, effective September 26, 1982, requiring officers to be present at work 15 minutes prior to the start of their shift for roll call. On March 23, 1983, Chief Stricker issued departmental general order 83 -- 20, which provided that at roll call the shift commander will assign duties, read bulletins, orders and other necessary information, and that smoking, drinking, eating, or inattention would not be permitted during roll call. Departmental general order 83 -- 6 issued shortly thereafter related to the police officers' daily activity reports, and provided that roll-call time was not be included there as on-duty time. Defendants admitted in their answer to the complaint that the roll-call period was work time, but alleged that the officers' regular salary included compensation for this period.

The personnel policy which was adopted, apparently by ordinance of the Village of Libertyville on August 5, 1980, provided for hours of work and overtime compensation, as follows:

"4.0 HOURS OF WORK

4.1 Work Week Defined

The hours of work comprising full-time employment are forty hours per week . . ..

. . . The work day for each employee shall be the 24-hour period from the time that he or she is scheduled to begin work until that time shall occur again.

4.3 Overtime Compensation

Employees shall be compensated for overtime ...


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