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03/01/95 RAYMOND W. BARTOSZEWSKI v. VILLAGE FOX

March 1, 1995

RAYMOND W. BARTOSZEWSKI, MICHAEL F. BEHAN, BILL J. BOSTIC, CHARLES J. GLINIEWICZ, RICHARD W. GOOD, ROBERT L. LUERSSEN, DENNIS J. MASON, JEFFREY A. NORRIS, THOMAS M. OLSON, WILMA R. STORCK, CORRINE THOMPSON, KENNETH M. WELSCH, RICHARD BECMER, CHARLES BURKE, JAMES S. BUSCH, SR., EDWARD GERRETSEN, KEVIN HUMINSTON, JOSEPH NEARY, DONALD CHAMPLEY, STEVEN J. HUBBARD, BARBARA MERTES, ROBERT MISIEK AND CHRISTINE J. WELSCH, PLAINTIFFS-APPELLEES
v.
THE VILLAGE OF FOX LAKE AND FOX LAKE POLICE DEPARTMENT, DEFENDANTS-APPELLANTS



Appeal from the Circuit Court of Lake County. No. 92-MR-316. Honorable Bernard E. Drew, Jr., Judge, Presiding.

The Honorable Justice Thomas delivered the opinion of the court: Inglis and Colwell, JJ., concur.

The opinion of the court was delivered by: Thomas

The Honorable Justice THOMAS delivered the opinion of the court:

The plaintiffs, 23 police officers and civilian employees of the Fox Lake police department, brought this four-count declaratory judgment action against the defendant, the Village of Fox Lake (Village), seeking an order declaring that they are entitled to compensation for attendance at roll call. The trial court dismissed count II of the plaintiffs' complaint which alleged a violation of two of the Village's municipal ordinances. The court also dismissed a portion of count III of the complaint which alleged that the defendant wilfully violated the Federal Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq. (1988)). The plaintiffs appeal those rulings.

The record shows that 14 of the plaintiffs are police officers who are covered by a collective bargaining agreement with the Village. The remaining nine plaintiffs are either nonunion police support personnel or nonunion sworn supervisory police officers both of whom are not covered by the collective bargaining agreement.

The plaintiffs' second amended complaint alleged that for over 10 years the defendant had required the plaintiffs to report for roll call 10 minutes prior to their daily shifts. They alleged that they are entitled to compensation at the overtime rate (time and a half) for all time spent at roll call. Paragraph 14.15 of the Fox Lake Police Department General Order Manual provided:

"Unless otherwise directed, officers shall report to daily roll call at the time and place specified, properly uniformed and equipped. They shall give careful attention to orders and instructions, avoiding unnecessary talking or movement."

Civilian dispatchers and records personnel were also required by Department regulation to attend roll call.

The plaintiffs further alleged in count II of their second amended complaint that they are entitled to compensation based on two Village ordinances, sections 1-8A-10 and 1-8A-11 of the Village Code (Fox Lake, Ill., Village Code §§ 1-8A-10, 1-8A-11 (1990)). Section 1-8A-10 of the Village Code provides in relevant part:

"WORK DAYS AND WORK WEEK:

A. Except as otherwise provided herein for Police Department personnel *** the municipal work week shall be:

Police Department employees .... 40 hours per week

B. There shall be provided at least (8) hours of rest in each twenty four (24) hour period. Department supervisors shall establish a normal work day specifically designating the starting time, the quitting time and the lunch period, which time shall be strictly adhered to by the Municipal employees." (Fox Lake, Ill., Village Code § 1-8A-10 (1990).)

Section 1-8A-11 provides in relevant part as follows:

"OVERTIME:

A. Authorization, Compensation: Overtime work is work in addition to the established schedule of hours of work per week and shall be kept to a minimum. Overtime work may be authorized by the department head when necessary and such authorized overtime shall be reported to the Trustee chairman of the department. The employees may be compensated for authorized overtime to an amount equivalent to their regular pay or by being granted compensatory time off at the discretion of the department head, not to exceed one normal work week at any one time.

C. Hours of Work and Overtime: The work week for all police officers *** shall be a forty (40) hour work week. *** Overtime work may be authorized by the department heads when necessary and such authorized overtime shall be reported to the Trustee chairman of the department. Police officers may be compensated for authorized overtime at a rate of pay equivalent to their regular pay or being granted ...


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