Thursday, Sep. 25, 2008

Benton County sheriff's deputies get $42,000 in settlement for off-duty care of their dogs

By Franny White, Herald staff writer

Benton County sheriff's deputies who handle dogs have won $42,000 for their off-duty work caring for their animals, as well as paid time for those chores in the future.

The county has agreed to a settlement that gives the dog handlers 16 hours each a month to care for their canine partners. The agreement also pays two officers for their past off-duty work.

Deputy Arin Reining was given $24,000 in the settlement, while Jeff Quackenbush, a former deputy who left the sheriff's office in February, was awarded $18,000.

Quackenbush was replaced with another deputy around May, Sheriff Larry Taylor said. That officer isn't receiving a financial settlement, however, because he was given an extra hour of compensatory time in each shift, Taylor said.

The department already pays for the dogs' medical care and food, and the canine officers drive specially equipped vehicles, the sheriff said.

Officers who handle dogs have for years faced the dilemma of enjoying the company of their four-legged partners while also bearing the burden of their care. But Portland attorney Mark Makler, who represented Reining and Quackenbush in the negotiations with Benton County, said the federal Fair Labor Standards Act requires officers to be compensated for their additional time.

"There has been lots of litigation about canine compensation, not just in the Northwest but across the country," Makler said.

Hanford Patrol dog handlers sued Department of Energy contractor Fluor Hanford in 2005 over the same issue. Fluor agreed to pay nine of its handlers a total of $131,000 to make up for time spent caring, housing and training the explosive-detecting dogs and now provides time for the care.

The Tri-Cities' two other area law enforcement agencies with dogs already compensate their officers for time spent caring for their partners. The Pasco Police Department gives its canine officers 10 extra hours of paid time off each month, while the Kennewick Police Department's canine officers get an extra hour of compensatory time per shift.

Capt. Craig Littrell oversees Kennewick's canine unit now, but he remembers the time he spent caring for his canine partner in the 1990s, when the department didn't compensate its officers for their additional efforts.

"It was a lot of extra work," he recalled. But "he became a pet and my kids just loved him," he said of his assigned dog, which was placed with another officer after Littrell was promoted.

Taylor said he believes Benton County's recent settlement is fair. "They're not getting anything that they don't deserve," he said. "This is a settlement that is proper for both them and us."