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Denver Police Officers Want Dollars To Dress

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Jul 6, 2009 10:10 pm US/Mountain

Denver Police Officers Want Dollars To Dress

Written by Brian Maass

DENVER (CBS4) ― Denver police are suing the city saying they should be paid extra for the time it takes to dress before work, undress after work, and for the time it takes them to dry clean or wash and press their uniforms. If the 843 officers who are plaintiffs in the suit prevail on all of their claims, the city says it could cost taxpayers about $200 million.

"I can't imagine the day when it would be okay for any city worker to get paid to get dressed and undressed," said Eric Brown, a spokesman for Mayor John Hickenlooper.

Lawsuits like this -- known as "Donning and Doffing" lawsuits -- have been popping up around the country for the last four years since the U.S. Supreme Court ruled in favor of workers at a meat-packing plant who claimed they should have been paid for the extra time it took outside of work to put on and take off protective gear.

The Denver police union -- the Denver Police Protective Association -- refused to discuss its donning and doffing lawsuit with CBS4. But PPA board members pointed out that the donning and doffing claim is just one of ten claims in their lawsuit. (Read the entire federal complaint here)

Among the other claims, the police department has not been compensating officers for the time it takes them to clean and maintain their "take home" department vehicles. But the donning and doffing claim may be the most controversial.

"I don't believe anyone should be compensated for the responsibility of preparing themselves for work," said Arapahoe County Sheriff Grayson Robinson.

Robinson, who still regularly wears a uniform, said it was his personal and professional opinion that "it's absolutely inappropriate" for police to ask for extra money to get dressed and undressed. "It's an honor to put on a uniform, it's an honor to serve the community," said the Sheriff. He said law enforcement personnel asking for extra money to get dressed and undressed appeared to be "elitism."

Donning and doffing lawsuits by police officers have been meeting with mixed results.

-- In May, a federal judge ruled Los Angeles Police Department officers should be paid for the time it takes to put on and take off their uniforms and safety equipment. U.S. District Court Judge Gary Feess ruled the time it takes police to dress for duty is a vital part of the job because "police uniforms convey and legitimize officers' authority, increase officer safety and help deter crime." The ruling could potentially cost Los Angeles millions of dollars in back pay and higher salaries.

"We have enough costs to bear without paying officers to take their clothes on and off," said Police Chief William Bratton, in response to the ruling.

-- In January, the U.S. District Court for the District of Arizona ruled against 600 Phoenix police officers who wanted millions of dollars for donning and doffing.

-- In Concord, N.H., city police officers settled their donning and doffing lawsuit with the city out of court.

Police generally claim that since uniforms, guns, holsters, bullet- proof vests and other safety equipment is mandatory for work, they should be paid from the minute they begin to put on such gear as it amounts to being part of their work day.

The DPD donning and doffing lawsuit -- and others -- are based on the federal Fair Labor Standards Act.

(© MMX CBS Television Stations, Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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