Request By:
James W. Utter
Corporation Counsel
City of Paducah
P.O. Box 2267
Paducah, Kentucky 42001
Opinion
Opinion By: Steven L. Beshear, Attorney General; Martin Glazer, Assistant Attorney General
You seek an opinion of this office concerning overtime for police officers during court appearances.
You ask the following questions:
"Please advise if the City is required to pay overtime rates for court appearances under the following circumstances:
"a) Appearances in district court during off duty hours to testify on citations issued by the police officer while on duty.
"b) Police officer appearing in court on off duty hours in response to a subpoena from the court to testify at a trial on criminal charges arising from the police officer's duties with the City of Paducah.
"c) The police officer appearing in court in response to a civil subpoena involving an accident which the officer investigated.
"d) Court appearance by the officer when he himself is a party to a civil action. Example: a suit against the City and the police officer resulting from conduct of the police officer or an automobile accident.
"e) Court appearance when the officer is charged with the criminal complaint related to his duties with the city.
"f) If a flat rate is proper what are the standards, if any, that must be met in setting the flat rate. "
ANSWER
a) If the officer in appearing in Court (whether during duty hours or not during duty hours), works in excess of 40 hours, he is paid time and one-half for those hours in excess of 40 per work week. Each week stands alone. The time required to be in court per his duties is added to his work week. If the city wishes to cut down overtime, it should schedule off-duty hours for those hours spent in court, but must do so in that work week. Example: A works 8 hours per day, 5 days per week. A works 8 hours Monday, 8 hours Tuesday plus 2 hours in court, 8 hours Wednesday, 8 hours Thursday, and 8 hours Friday. To avoid overtime for the two hours court time, A should be permitted 2 hours off during that work week.
b) The answer to this one is the same as in answer a). He is required to be in court in relation to his work assignment. The fact he was subpoenaed by a court does not change the origin of why he appears in court. He is there because of his work as a police officer.
c) The answer here is the same as in a) and b). His duties required him to investigate the accident and his court appearance stemmed from that fact.
d) If the police officer's court appearance has no bearing on his job as a police officer (such as a suit to collect money for his personal debt, a divorce action against him) such time is not chargeable. If the court appearance results from a suit because while on duty in a police car, he was involved in an accident, such court appearance is job related.
e) If the criminal complaint concerns his actions while on the job, it is job related and compensable. However, if the charges are such that he was suspended pending a civil service hearing, he would not be paid at that time, unless he were absolved of the charges. Then, he would receive back pay depending upon the outcome of the charges.
f) The rate is figured as set out in 803 KAR 1:060, copy enclosed.