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'Donning and Doffing' Suit To Go Forward

DENVER (CBS4) - A federal judge has ruled in favor of Denver police officers who want to get paid for the time it takes them to dress and undress -- a so called "donning and doffing" lawsuit.

In a 16-page summary judgment ruling, Judge Richard Matsch ruled that eight out of 10 claims filed by a group of 843 Denver police officers should proceed through the court system while two of the officers' claims were dismissed. The claims generally contend that the city has taken advantage of and cheated officers out of overtime pay for years with officers saying they have been subjected to "an ingrained culture of off-the-clock time."

"Judge Matsch made a thorough and thoughtful decision," said Mike Mosco of the Denver Police Protective Association, the union representing most Denver officers. "We are still reviewing it but we are pleased he sees merit to these claims," Mosco said.

The most provocative claim is officers' contention they should be paid for the time it takes them to dress for work and undress at the end of their shifts. In his ruling, Matsch wrote, "The police uniform is not 'clothing' in any ordinary sense. It is the visible sign of authority and an essential element of the officer's ability to command compliance with his commands and directives. It is analogous to the judicial robe."

The city had argued that historically, police officers had never been compensated for putting on and taking off their uniforms.

"That argument is not persuasive," Matsch wrote. "Silence in collective bargaining is not the equivalent of a custom or practice of non-compensability."

Officers had also asked for compensation for time spent cleaning and maintaining their uniforms, and for time spent cleaning and maintaining department vehicles. Matsch tossed out those claims.

Eric Brown, a spokesperson for Mayor John Hickenlooper, said in a written statement, "The judge's ruling could have a significant impact on the city budget at a time when we already face an $80 million deficit. We are focused on providing the police department with resources to protect the community and not on paying police officers to get dressed and undressed. The City Attorney's Office will continue fighting this lawsuit."

When CBS4 initially broke the story of the donning and doffing lawsuit in 2009, the city said if officers' won on all their claims, it could cost the city $200 million. At the time, Brown said, "I can't imagine the day when it would be okay for any city worker to get paid to get dressed and undressed."

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-- Written by Brian Maass

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