Earle looking at work-around to get officer to police academy

Earle looking at work-around to get officer to police academy

‘ There is a way to do it.’ says City Attorney

news@theeveningtimes.com

Earle City Council rescinded a motion to send one of its part-time police officers to the Police Academy, but has since learned that the officer could have attended on his own time and gotten around certain labor law requirements.

The city passed a resolution to sponsor Officer Nico Lewis to attend the academy in West Memphis, but were unable to send him because they did not have all of his paperwork in order and later found out that they did not meet some of the requirements to send him.

New recruits are required to attend a 13-week basic training class within the first nine months of employment. Arkansas has two other academies in Camden and Black River.

West Memphis brought back its own Basic Police Training Program last August for the first time in nearly four decades and was set to start a new class.

That program, however, requires two additional weeks of training and is harder than the state academy.

Earle found out too late that Lewis would have had to be a full time officer in order to qualify and that the city would have to pay for any overtime, workmen’s compensation, as well as supply him with the cost of a uniform and 1,000 rounds of ammunition.

Earle withdrew its sponsorship after learning about the additional requirements. The city does not have any full-time officers.

“All we were going to do was sponsor him,” City Attorney Davis Loftin said.

“We didn’t realize that he had other things he had to meet. And then questions came up about whether we would have to pay him overtime.”

Davis said he spoke with officials at the police academy and also the Department of Labor and was informed that the city could have sent Officer Lewis to the academy and not have to pay him overtime.

“If he went to school and worked for us 20 hours, he could do it and we could do it and it would be acceptable,” Davis said. “There is a way to do it under the Department of Labor laws.”

Davis said that would not have helped the city get him enrolled in time however, to attend West Memphis, because they still didn’t have all of his paperwork.

“In the future, he could meet other requirements,” Davis said. “I’m just telling the council we can do that if we wish to.”

Councilman Kenenth Cross questioned how the city could get around the law.

“How is that?” Cross asked.

Davis said the law does not apply if the officers goes voluntarily, if it is not required for him to do in order to maintain his position, and that it is done on his own time.

“The Department of Labor says if we meet those requirements, we can send him,” Davis said. “If it is a voluntary attempt to improve himself but is not required for his job, we aren’t bound by those rules. I just want the council to understand

that.”

Cross questioned the logic behind that.

“But it is for the job,” Cross shot back. “Because he is coming back to work for the City of Earle.”

“But he does not have to go to the academy to work as a police officer,” Davis responded.

“So why are we sending him?” Cross asked.

“Because he is wanting to improve himself,” Davis said.

Cross then questioned why the officer would want to stay with the city if he has to pay for the academy himself and the city gets the benefit.

“Why would he stay with the city?” Cross asked.

“If he doesn’t stay with the City of Earle, it didn’t cost us anything to send him to the academy,” Davis said.

“All we are doing is trying to help the young man improve his position in life.

People do this (pay for the academy) all the time.

Under these guidelines, he can go and the city doesn’t have to pay.”

Interim Mayor Robert Malone said he doesn’t

have a problem sending him to the academy.

“If I can enhance his situation, I will,” Malone said.

“Because he deserves a break. That’s all we are talking about — helping one another. We didn’t know all this. But I have no problem trying to get him there.”

By Mark Randall