WEST VIRGINIA RECORD

MARTINSBURG - Another police officer is alleging he was not properly paid for the dog placed in his care.

The Jefferson County Commission is named as a co-defendant in a Fair Labor Standards Act suit filed by Deputy Sheriff Glen Kilmer. In his suit filed Aug. 19 in U.S. District Court, Kilmer alleges despite some recent payments, the commission has failed to adequately compensate him for taking care of Max, JCSD’s K-9.

According to the suit, Kilmer became a deputy in 2007. Since then, he has served as the Department’s K-9 officer.

On an unspecified date in 2010, the Department acquired Max. Because he is a K-9 trainer, Kilmer says then-Sheriff Robert “Bobby” Shirley told him to train Max on his off-time instead of send Max to a K-9 school.

According to the suit, Kilmer for 10 hours a week over the next “four-to-six” months provided Max basic training while off-duty. Between July 2010 and July 2012, Kilmer says he spent an additional 10 hours off-duty “providing basic care and maintenance for Max.”

On April and May 10, the suit says the commission made payments in unspecified amounts to Kilmer for “back pay.” However, he says they “do not fully compensate [him] for all his past off-duty work.”

Interim Sheriff Peter H. Dougherty is named as a co-defendant in the suit. Earlier this year, the commission appointed Dougherty to fill the vacancy created by Shirley, who resigned as part of plea agreement with the U.S. Attorney’s Office following his indictment on charges of civil rights violations and falsifying a police report.

In West Virginia, the county commissions and sheriffs are co-employers of the deputies.

In his suit, Kilmer seeks unspecified damages, attorneys fees and court costs. He is represented by Barry P. Beck with the Martinsburg law firm of Power, Beck and Matzureff.

The case is assigned to Judge Gina Groh.

Kilmer’s suit is the third FLSA suit filed by a K-9 officer this year.

In January, Loralie A. Hissam filed suit against the city of Buckhannon and Police Chief Matt Gregory alleging she was not compensated for the two years she took care of Tess, BPD’s K-9, before resigning to become police chief in Reedsville. Last month, the City agreed to settle the suit and paid Hissam $15,000.

In April, Jason Kerr filed suit in Putnam Circuit Court alleging for the three years he worked as the Hurricane Police Department’s K-9 officer he was not compensated for any of the hours he spent off-duty caring for it. The case was transferred to U.S. District Court in Huntington and is scheduled to go to trial next July.

Currently, he is on the force of the Mount Hope Police Department.

U.S. District Court for the Northern District of West Virginia, case number 13-cv-95