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| The lawsuit was filed on April 12, 2007 (Case No. 07-CV-00753-MSK-BNB). The City has been served with the complaint. The case has been assigned to United States District Court Judge Marcia S. Krieger. The judge has referred the case to United States Magistrate Judge Boyd N. Boland for pre-trial and scheduling matters. |
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| We will be posting news and updates about the lawsuit on this page. Please check back frequently to help stay informed about the status of the suit. |
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| Updates |
| - Frequently Asked Questions About the Settlement |
1. Is the settlement final?
Yes. The settlement has been approved by the Court and cannot be appealed.
2. When will the settlement payments be made?
The first settlement payment will be paid no later than January 26, 2009. The second and third payments will be paid on or about the same date in 2010 and 2011.
3. How much money will claimants receive?
The amount each claimant receives depends on the number of pay periods a claimant worked regular hours in a Covered Assignment between June 8, 2001 and June 8, 2007. Officers are credited 1.0 Benefit Periods for each pay period worked, while Sergeants are credited 1.8 Benefit Periods for each pay period worked. Generally speaking, each eligible claimant will receive $45 per covered pay period worked as an Officer, and $81 per covered pay period worked as a Sergeant. An Officer who is eligible for the entire six (6) year period may receive a total of approximately $7,000. A Sergeant who is eligible for the entire six (6) year period may receive a total of approximately $12,500. The payments will be made in three equal installments.
4. What can I do if I disagree with the number of Benefit Periods that the Claims Administrator used to calculate my settlement benefits?
Any claimant who wishes to dispute the amount of, or rejection of, any claim must do so in writing to the Claims Administrator within 90 days after receipt of a payment. The Claims Administrator will make a final decision within 30 days after receipt of the written notice of dispute. Written disputes must be mailed to: CSPD Claims Administrator, C/O Class Action Administration, Inc., PO Box 6877, Broomfield, CO 80021. The Class Administrator will provide you a written response to your submission.
5. Are the settlement payments taxable income?
Yes. They are wages. Withholding will be taken out as with your regular paycheck. So the check you receive will be less than the gross settlement amount calculated by the Claims Administrator.
6. Will the payment be counted as compensation by the FPPA?
No. The payment is outside of compensation considered by the FPPA or any other benefit or retirement plan.
7. When do the policy changes take effect?
On or about October 28, 2008, the department will issue revised policies on the following:
(1) classify sergeants as non-exempt employees under the FLSA and City policy
(2) on duty time to don and doff protective gear
(3) line-up changes
(4) return to station time
(5) uniform changes (athletic style shoes, nylon web gear belts)
(6) leather care to be done on duty
(7) on duty time for TEU to clean gear
(8) increase in comp time bank with no annual payout requirement
(9) overtime or comp-time for routine care, cleaning and maintenance of firearms, ballistic vest, and uniforms
(10) rescission of any unwritten policies contrary to the FLSA
8. Who can I contact if I have questions?
You may contact the Claims Administrator (www.cspdovertimesettlement.com) at 1.866.519.0232, or the attorneys for the Class, Scott Johnson (swj@sparkswillson.com) or Paul Hurcomb (pwh@sparkswillson.com), phone 719.634.5700. |
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| - Court Gives Final Approval to Settlement |
| On September 26, 2008 the Court signed an order that gave final certification to the class and final approval of the settlement reached between the plaintiffs and the City. The Court’s Order is posted in the Court Documents and Forms section of this website. |
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| - Court Conditionally Approves Settlement |
| On April 21, 2008 the Court signed an order that conditionally certified the class and preliminarily approved the settlement reached between the named plaintiffs and the City. The order also approved the forms and process for providing notices to all eligible individuals. The Court’s Order is posted in the Court Documents and Forms section of this website. |
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| - Settlement Agreement Reached |
On March 19, 2008 the parties completed execution of an agreement for settlement of the lawsuit. A summary of the settlement terms is posted in Court Documents and Forms.
The parties are preparing a motion for conditional certification of the class and preliminary approval of the settlement. If granted, notices will be sent to all eligible individuals. Further information and relevant deadlines will be provided in the notices and on this website. The Settlement Agreement will be posted in Court Documents and Forms when the motion is filed. |
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| - Case Stayed |
| On March 17, 2008 the Court stayed the case, except for those proceedings necessary for consideration of the parties’ request for approval of the settlement. The Court’s Order is posted in the Court Documents and Forms. |
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| - Court Denies City's Motion to Dismiss |
| On February 22, 2008, the Court denied the City’s Motion to Dismiss the state law claims brought by Plaintiffs. The Court’s Order is posted in the Court Documents and Forms. |
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| - Filed consents |
| As of April 22, 2008, we have filed 476 consents to join the action with the Court. |
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| - Trial Date |
| The District Judge has vacated the trial date under the new standard procedures for setting trial dates. A new trial date will be set at the final pre-trial conference. |
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| - Scheduling Order |
| The Magistrate Judge has issued a Scheduling Order for the case, which has been modified on two occasions. Under the Modified Scheduling Order, the Plaintiffs are to file their request for collective and class action certification by January 9, 2008. Discovery is to be completed by May 30, 2008. |
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| - Motion to Dismiss |
The City filed a Motion to Dismiss the claims brought under state law. The central theme of the Motion is that the overtime pay that is sought in the lawsuit is inconsistent with or barred by provisions of the Charter or Code of the City of Colorado Springs.
The claims under federal law are not challenged by the Motion.
The Plaintiffs oppose the motion and have filed their Reponse with the Court. The City has filed its Reply and the Motion is now ready for decision by the Court. |
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| - Answer filed. |
| The City filed its Answer to the Amended Complaint on June 28, 2007. |
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| - Amended Complaint filed. |
| An Amended Complaint was filed with the Federal District Court on June 8, 2007. The Amended Complaint added overtime claims on behalf of patrol sergeants and claims on behalf of all plaintiffs for improper use and accounting of compensable time. |
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| - Information sessions. |
| The lead attorneys in the case have held several information sessions with officers. Please visit the CSPPA website at http://www.csppa.net/ for dates and times of upcoming meetings. |
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