Mokena Hires Flossmoor Law Firm To Represent It Against Lawsuit Brought By Members Of Police Department

Mokena IL

14 July, 2021

7:26 PM

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By Jon DePaolis, Richard Free Press: MOKENA, Ill. — The Village of Mokena has entered into a professional services agreement with a law firm after allegations were filed in federal court by members of the Mokena Police Department alleging the Village has skirted fair wage and labor laws. The Village Board of Trustees voted 6-0 Monday, July 12, to hire Hauser, Izzo, Petrarca, Gleason & Stillman to represent the Village in a lawsuit filed on Jan. 25 in the U.S. District Court for the Northern District of Illinois Eastern Division. The vote occurred after an executive session, and no public discussion was had about the item prior to the vote or after. As of Tuesday, July 13, Village Administrator John Tomasoski said there was no estimate available as to what the professional service agreement may cost the Village. "Being pending litigation, the Village will have no additional comments," he said. The lawsuit lists Joseph Ballantine, Christopher Carlson, Michael Keller, Jason Louthan, Robert Miller and Robert Williford — all of whom are members of the Mokena Police Department — as the plaintiffs. Per the complaint, the plaintiffs allege the Village required sergeants to start their shifts 20 minutes prior to roll call to "confer with the sergeant whose shift is ending to discuss policing and supervisory issues related to the prior shift." "The [20-minute] conference in advance of roll call is an integral and indispensable part of the plaintiffs' principal responsibilities," the complaint alleges. "The [20-minute] conference in advance of roll call constitutes overtime because it means each plaintiff works more than 40 hours per week. The Village does not include the [20-minute] work period prior to roll call when calculating plaintiffs' total hours worked in a seven-day work period." The lawsuit also alleges that the Village would change the designated relief sergeant's start time each week during the middle of the week "to avoid paying overtime." "By routinely changing the beginning of the relief sergeant's workweek midweek to evade overtime, the Village has deprived plaintiffs of approximately 10 shifts of overtime per month for the past three years," the complaint alleges. The plaintiffs also claim in the complaint that one of the plaintiffs advised the former chief of police, but that the scheduling practices continued. As part of the complaint, the plaintiffs are seeking: $292,248 in compensatory damages for what they allege was violations of the Fair Labor Standards Act; $472,320 in compensatory damages for the loss of overtime wages; $800,000 in compensatory damages for alleged violation of the Illinois Wage Payment and Collection Act; and $1.14 million in compensatory damages for alleged violation of the Illinois Minimum Wage Law. In its filing in response to the complaint, the Village of Mokena denied the allegations. Additionally, the Village Board members voted 6-0 on July 12 to enter into another professional services agreement with Hauser, Izzo, Petrarca, Gleason & Stillman for representation of the Village against a petition filed by the Metropolitan Alliance of Police Chapter 733 to the Illinois Labor Relations Board. Read the complaint: Ballantine et al vs. Village of Mokena Richard Free Press is a one-stop destination for the news that most affects you, the southwest suburban resident. Be an informed citizen of the town you live in and love.