MARTINSBURG – A Berkeley County judge has entered a dismissal order in a case related to Martinsburg firefighters not being properly paid for holidays.
Last month, the City of Martinsburg and firefighters from IAAF Local 805 reached an agreement in a 2018 lawsuit. On April 19, Circuit Judge Laura Faircloth entered the dismissal order.
Attorney Teresa Toriseva, who represented the union members, said the firefighters will be paid Friday.
Faircloth
“Martinsburg firefighters do a tough job and deserve to be paid the way the West Virginia State Legislature mandated," Toriseva told The West Virginia Record. "There are always firefighters on duty. They work 24-hour shifts every day of the year.
"While citizens run to safety in the face of a disaster, these firefighters run into the disaster. This resolution indicates the city recognizes that difficult job, promotes retention of experienced firefighters and aids in recruiting new ones. Because the parties worked together to resolve these issues, the City of Martinsburg will continue to be a safe city to live, work, and play.”
Before the settlement was reached, the two parties worked with a mediator to negotiate a resolution related to the case. The complaint, which was filed by 36 current and retired firefighters, said they were not properly compensated for holiday pay and overtime over a period of years. They also alleged retaliation by the city for their claims.
The agreement resolves all issues in the lawsuit. It includes a $1.75 million payment to correct how the firefighters
The resolution includes a $1.75 million payment to the firefighters who claimed they were incorrectly paid. It also corrects the method firefighters will be paid for holiday pay in the future.
“I am pleased to see the City of Martinsburg values its firefighters and the relationship it has with them,” Toriseva said. "The compensation for backpay proves it wants to do right by those firefighters whose holiday pay was incorrectly paid.”
Martinsburg Mayor Kevin Knowles agreed.
“The city appreciates all of the exceptional services that the firefighters provide to the city and its residences,” he said. “The city wants to ensure that it retains its highly-trained and skilled firefighters and also be able to recruit top candidates in the future by agreeing to the changes in the compensation plan.
“The city is pleased to put this to rest so both the city and the firefighters can work as a team to focus on and promote public safety.”
Attorney Kin Sayre, who represented the city, said new hires since the lawsuit was filed also will be compensated from their date of hire.
“The city never intended to improperly pay any of our fire firefighters,” Sayre said. “Cities across West Virginia have interpreted the Legislature’s holiday pay statute differently, and the city needed to ensure that it not only protected the city’s firefighters but also the city’s taxpayers. We believe this amicable settlement fulfills both goals.”
Faircloth ruled for the firefighters in February 2020. That ruling was appealed to the state Supeme Court, which later dismissed the appeal.
Toriseva and Joshua Miller of Toriseva Law in Wheeling represented the firefighters. Sayre with Bowles Rice in Martinsburg represented the city.
Berkeley Circuit Court case number 18-C-209