City of Bowling Green v. Helbig

399 S.W.3d 445, 2012 WL 4464608, 2012 Ky. App. LEXIS 195
CourtCourt of Appeals of Kentucky
DecidedSeptember 28, 2012
DocketNo. 2011-CA-001660-MR
StatusPublished

This text of 399 S.W.3d 445 (City of Bowling Green v. Helbig) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Bowling Green v. Helbig, 399 S.W.3d 445, 2012 WL 4464608, 2012 Ky. App. LEXIS 195 (Ky. Ct. App. 2012).

Opinion

OPINION

COMBS, Judge:

The City of Bowling Green, Kentucky, appeals from an order of the Warren Circuit Court granting Shawn Helbig’s petition for declaration of rights. After our review, we vacate and remand.

Helbig is a police officer with the Bowling Green City Police Department. During one work week in August 2010, Helbig worked 40 hours and claimed two additional hours of annual leave time during which he had not performed work. He later submitted a request for two hours of overtime pay. Earlier in 2010, however, the Bowling Green City Commission had changed its personnel policy for city employees providing that annual leave time would not be counted as “hours worked” for purposes of computing an employee’s entitlement to overtime compensation. Pursuant to this new policy, Bowling Green refused to compensate Helbig at the overtime pay rate for the disputed two hours reported as annual leave.

When his request for two hours of overtime pay was denied, Helbig filed a petition for declaration of rights. He contended that the City’s refusal to compensate his overtime hours at the higher overtime rate of pay violated Kentucky’s wage and hour laws. He also contended that the City’s change in its overtime pay policy violated statutory provisions pertaining specifically to overtime pay for members of city police departments.

The trial court agreed and granted Hel-big’s petition for declaration of rights. It concluded that the City’s overtime policy violated statutory provisions related to overtime compensation payable to members of city police departments and that, consequently, annual leave time had to be [447]*447included in the total number of hours worked for overtime pay calculations. This appeal followed.

At issue on appeal are the interpretation and relationship of two statutes. Kentucky Revised Statute[s] (KRS) 95.495 is captioned “Hours of work and annual leave for members of police departments in cities of second class or urban-county governments.” The City argues that this particularized statute does not modify the generalized overtime requirements set forth at KRS Chapter 3B7, entitled “Wages and Hours.” The circuit court disagreed and concluded that the City’s revised overtime policy violated the plain language of KRS 95.495 — KRS Chapter 337 notwithstanding. We do not agree with the reasoning of the circuit court.

The interpretation of a statute is a matter of law. Commonwealth v. Gaitherwright, 70 S.W.3d 411 (Ky.2002). We are charged to interpret the construction and application of statutes de novo without deference to the interpretation adopted by the lower court. Wheeler & Clevenger Oil Co., Inc. v. Washburn, 127 S.W.3d 609 (Ky.2004). Statutes must be accorded their plain meaning and must be construed so as to conform to legislative intent. Hardin County Schools v. Foster, 40 S.W.3d 865, 868 (Ky.2001).

By municipal order, the City revised its overtime policy for city employees in 2010. Municipal Order No. 2010-34 provides, in relevant part, as follows:

Employees eligible for paid overtime shall receive time and one-half for overtime work. Any employee classified as non-exempt and subject to overtime pay ... shall work forty hours in a week prior to being eligible for overtime pay. No paid leave, such as sick leave, vacation leave or holidays, shall be counted toward the forty hours of work.

The parties agree that the provisions of the City’s municipal order conform to both state and federal wage and hour provisions since overtime pay is only required for non-exempt employees who work in excess of forty hours in a single work week. See KRS 337.285 and the Fair Labor Standards Act, 29 U.S.C. §§ 201-219. However, they disagree with respect to whether the City’s municipal order conflicts with the provisions of KRS Chapter 95 pertaining specifically to city police departments. KRS 95.495(1) provides as follows:

In all cities of the second class or urban-county government, except those in which, by ordinance, the patrolmen are employed or paid by the day, the members of the police department shall not be required to work more than eight (8) hours per day, for five (5) days each week or ten (10) hours per day, for four (4) days each week, except in the event of an emergency. Each member of the police department shall have an annual leave of fifteen (IS) working days with full pay. Nothing in this section shall prohibit a member of the police department from voluntarily agreeing to work a different work schedule provided that the officer is paid overtime for any work performed in excess of forty (40) hours per week. (Emphases added).

After carefully analyzing the language, the circuit court rejected the City’s position and concluded that the plain meaning and legislative intent of KRS 95.495 allocating to members of the police department annual leave of “fifteen (15) working days with full pay” was to require the inclusion of annual leave time in the total hours worked per week for the purpose of calculating overtime pay.

The City asserts that the circuit court ignored general principles applicable to hourly employees under both federal and state law when it interpreted the provi[448]*448sions of KRS 95.495. It argues that the statute plainly requires overtime pay only for hours worked in excess of forty (40) hours per week and not the inclusion of annual leave time for purposes of creating an employee’s entitlement to overtime compensation.

The City is correct in arguing that KRS 337.285(1) prohibits employers from employing any employee for a work week longer than forty (40) hours unless the employee is compensated at an overtime rate. And it concedes that the provisions of KRS 337.285 allow employers to determine whether vacation and leave time may count toward an employee’s total number of hours worked for purposes of computing overtime compensation.

At issue before us is the impact of the highly specific statutory provision concerning compensation for members of the city police force. The provisions of KRS 95.495(1) require that each member of a city police department be given “an annual leave of fifteen (15) working days

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Related

Thomas A. Demko and Penn Arms, Inc. v. United States
216 F.3d 1049 (Federal Circuit, 2000)
Commonwealth v. Gaitherwright
70 S.W.3d 411 (Kentucky Supreme Court, 2002)
Wheeler & Clevenger Oil Co. v. Washburn
127 S.W.3d 609 (Kentucky Supreme Court, 2004)
Meyers v. Chapman Printing Co., Inc.
840 S.W.2d 814 (Kentucky Supreme Court, 1992)
Hardin County Schools v. Foster
40 S.W.3d 865 (Kentucky Supreme Court, 2001)
Parts Depot, Inc. v. Beiswenger
170 S.W.3d 354 (Kentucky Supreme Court, 2005)

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Bluebook (online)
399 S.W.3d 445, 2012 WL 4464608, 2012 Ky. App. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-bowling-green-v-helbig-kyctapp-2012.