Said it was a business decision and didn’t feel former police cheif would win in court
The Flomaton Town Council voted Monday night to pay former Police Chief Bryan Davis $6,634.62 in overtime and back pay, calling it a business decision that would cost the town more money if it fought the claim in court.
Town Attorney Chuck Johns told the council Davis, who resigned as chief Oct. 4, filed a claim against the town for about $90,000 but had agreed to accept the $6,634.62 as a settlement.
Johns also said that if the town fought the claim nothing would be covered by insurance.
He also noted Mayor Dewey Bondurant, Jr., received a letter from the League of Municipalities dated Dec. 4 indicating that Davis would not be successful in court with his claim. Johns said he agreed with the league's opinion.
“There's a legal aspect, but also an economic aspect,” Johns said.
He said by accepting the settlement, it would relieve the town of any future liability on the case.
“He's claiming, under the federal Labor Standards Act, that he was entitled to overtime,” Johns said.
“Who OK'd the overtime?” asked Councilman Buster Crapps. “He's salary, he doesn't get overtime.”
Johns said there have been a number of such cases across the state and some officers have won their suits. However, he said none were making as much as Davis' $56,000 salary.
Johns said some towns had been paying employee $10 per hour, putting them on salary and working them 100 hours per week.
“That won't work,” Johns said.
“Here's my problem,” Crapps said. “Department heads are salary. “What prevents others from doing the same thing?”
Johns also noted as a department head, Davis OK'd his own overtime.
“But the chief has a boss,” said Councilwoman Lillian Dean. “I feel the chief should have called the mayor for overtime. He knew what he was doing to play us for fools, that's what I don't like. He's taking us for fools.”
“I'm presenting the facts,” Johns said. “It's a business decision for the council.”
Mayor Bondurant said he talked with officials with the League of Municipalities and was told the town didn't owe Davis a dime.
Again, Johns said it was a business decision and it would cost the town a lot more than the $6,000 to fight it in court.
“It's the principle of it,” Crapps said. “I'm not going to let Jamie or Shawn leave here and we pay them a bunch of money.”
“We are action and reaction folks,” Dean said. “Salary is salary, regardless of how many hours you work you won't get overtime.”
She said she's brought the overtime issue up before requesting Utilities Superintendent Shaun Moye to address some after hour issues instead of paying an hourly employee overtime.
“When we put these people on salary did we tell them they wouldn't get overtime?” asked Councilman Charlie Reardon.
Reardon said the town needed to approach the salaried department heads and get them to sign something saying they are not entitled to overtime.
“We don't want to hurt them, but we don't want to hurt ourselves,” he said.
Bondurant told the council that the $56,000 the town was paying Davis was above the threshold and the town is not legally required to pay overtime.
Councilman Jim Johnson said it may come to a point that the council give them comp time instead of overtime.
Johns said the issue came about by seeing other chiefs settle with their respective council's and getting compensation.
“He was getting a decent salary and a decent ride back and forth,” Crapps said.
Bondurant said his first thoughts were to just pay the $6,600 and be done with it.
“But the more I thought about it, right is right and wrong is wrong,” Bondurant said. “What he did was wrong.”
Johns said the town would prevail if the issue went to court but it would cost the town more than the $6,600.
He noted the case would be tried in federal court, which means the town would have to hire another attorney that could easily cost the town $30,000. He also said if Davis won anything in the case, the town could also be liable for his attorneys fees.
“If we let this go, the dominoes will start falling and others will follow,” Crapps said.
Bondurant said what the council did would affect the entire county.
Johns also noted other towns have stricter employment contacts than Flomaton does.
“If we can stay out of court, lets stay out of Court,” Reardon said. “I would pay the cheapest I can and make a settlement. We could be looking at spending a half million dollars to settle a $6,000 claim.”
Crapps then made a motion not to accept the $6,600 settlement and Dean issued a second.
Councilman Roger Adkinson questioned whether the town fought the claim and headed to court, could a settlement be reached along the way.
Johns said it would depend but noted the town had one shot at the $6,000.
“Against my better judgement I feel it would be better to settle,” Bondurant said.
He also said he'd like to pay the $6,600 to Davis in 12 equal installments.
Johns said the suit says the town will pay in 30 days, but Davis may accept the monthly payments.
Crapps' original motion not to settle failed on a 4-2 vote with Crapps and Dean voting yes.
Adkinson then made a motion to pay the $6,600 in 12 equal installments and Johnson issued the second. The motion carried 5-1 with Crapps voting no.
“It burns my gut,” Dean said.
“We can't sit here and say we don't have money and have the possibility of sending a blank check,” Adkinson said.
