Regular 8.
Regular City Council Meeting
- Meeting Date:
- 09/26/2016
- TITLE
- Approval of Appeal in Ernie Watters, et al., vs. City of Billings
- PRESENTED BY:
- Tina Volek
- Department:
- City Hall Administration
Presentation:
PROBLEM/ISSUE STATEMENT
A Final Order and Judgment was filed Sept. 8, 2016, in District Court in the wage claim case of Ernie Watters, et al., vs. the City of Billings. The verdict ordered the City to pay the plaintiffs $932,960.90 in back wages and benefits; $1,026,256.99 in penalties; $653,072.63 in plaintiffs' attorney fees; and $125,854.60 in plaintiffs' costs.
City attorneys and staff believe that significant errors of fact and law were made in the decision, especially in the ruling that a police officer should be paid longevity from his or her first day of employment. Longevity, which recognizes employment experience, traditionally was paid after completion of one year of employment in previous collective bargaining agreements (CBAs) and is paid after the completion of six years for employees hired after approval of the current CBA.
The City has 60 days from the entry of the Judgment to appeal the case to the Montana Supreme Court.
City attorneys and staff believe that significant errors of fact and law were made in the decision, especially in the ruling that a police officer should be paid longevity from his or her first day of employment. Longevity, which recognizes employment experience, traditionally was paid after completion of one year of employment in previous collective bargaining agreements (CBAs) and is paid after the completion of six years for employees hired after approval of the current CBA.
The City has 60 days from the entry of the Judgment to appeal the case to the Montana Supreme Court.
ALTERNATIVES ANALYZED
City Council may:
- Approve an appeal in the case; or
- Decide not to appeal, and pay the judgment.
FINANCIAL IMPACT
The City's insurance does not cover the case, so the City would be liable for the entire amount of the judgment if it does not appeal.
If it does appeal, there will be additional attorneys' fees for the City, which could be offset by a favorable decision.
If it does appeal, there will be additional attorneys' fees for the City, which could be offset by a favorable decision.
RECOMMENDATION
Staff recommends that the City Council authorize staff to appeal to the Montana Supreme Court in the case of Watters, et al., vs. the City of Billings.