New Jersey Public Safety Employee Lawyer & Attorney : Arpaia & Crivelli Law Firm : Police, Firefighters, Workers Compensation, Discipline Representation : New Jersey

In the case of Leek v. New Jersey Department of Corrections, 33-2-0497, a Senior Corrections Officer appealed the New Jersey Department of Personnel, Merit System Board's decision to uphold the Department's issuance of a thirty (30) day suspension for violation of the Department's internal rules and regulations and conduct unbecoming a public employee.  The case revolved around the conduct of Leek who repeatedly attended court hearings in uniform with a criminal defendant that was free on bail but had previously been a county jail inmate.  Leek further wrote a letter that identified himself as a Senior Corrections Officer and asked for leniency on behalf of the defendant. 

In defense of his actions Leek stated that he was acting in his capacity as an ordained minister and spiritual adviser on behalf of the inmate.  Leek never informed the Department or his superiors of his conduct and failed to request permission to appear on behalf of a defendant facing criminal charges in a New Jersey Court of Law.

Despite Leeks arguments that were based on his First Amendment rights, the New Jersey Superior Court, Appellate Division agreed with the Merit System Board that upheld the thirty day suspension imposed by the New Jersey Department of Corrections.  In summary, while Public Safety Officers do garner protections under the First Amendment of the United States Constitution, they can not call upon these protections when their actions are detrimental to their employer, public perception, and their sworn law enforcement duties. 

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Everyone is in agreement that K-9 units are an important part of law enforcement. Dogs are used to find hidden illegal narcotics, bombs, improvised explosive devises, injured and trapped individuals, and even dead bodies. However, what is not common knowledge is that law enforcement officers that are assigned to K-9 units often care for these important animals in their own home due to the fact that the Police, Fire or Corrections department that they work for do not have kennels or other space to house them. K-9 handlers are asked to care for these highly trained animals on their own time and in their own home as if it were part of the job. Well now it is part of the job, literally, and those that care for these dogs during their own time are entitled to compensation.

The United States District Court, District of New Jersey, has now made it clear that compensation is due when Police, Fire and Corrections personnel care for K-9 animals during their own time. In the case of Falzo, et al. v. County of Essex, et al., U.S.D.C. (District of New Jersey), 33-7-0509, Judge Linares ruled that K-9 handlers were entitled to compensatory damages for un-paid overtime and other damages under the Fair Labor Standards Act of 1983 (FLSA) for time that they spent caring for the police dogs. Judge Linares went on to state that any off-the-clock work performed by the Plaintiffs in the care and maintenance of police dogs is compensable under the FLSA. Summary Judgment was granted in favor of the Plaintiffs, and overtime wages and damages will have to be paid for past time and future time spent caring for the dogs. The bottom line is that all dog handlers that care and maintain K-9s in their own home should be entitled to some extra cash for their troubles.

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