Santa Ana : Police Assn. Drops Suit Seeking ‘Break’ Pay

Police officers have dropped a lawsuit demanding that the city pay them for meal breaks they contend were not taken because recent decisions by Congress and state appellate courts have doomed the effort, said Seth Kelsey, attorney for the Santa Ana Police Benevolent Assn.

The police officers were seeking an estimated $3 million, representing four years’ back pay, contending that they must stay on call, stay near their patrol areas and answer citizens’ requests for assistance during their meal break times, Kelsey said. Therefore, he said, the officers believed they were actually working a 42 1/2-hour week.

City Atty. Edward J. Cooper said that the issue was resolved in a 1977 out-of-court settlement. In that settlement, he said, the City of Santa Ana paid the association $30,000 in attorneys’ fees and spelled out the conditions for meal breaks.

“It has already been adjudicated,” Cooper said. According to a city agreement for compensation of police officers in 1985-86 and 1986-87, “Code 7 (meal break) time shall not be considered overtime and is not otherwise compensable.”

However, Kelsey argued that the standards set for breaks slowly were eroded and that officers are essentially working on their breaks again.

However, he said, the Santa Ana police association had no choice but to drop the case after California Highway Patrol officers lost a similar suit in appellate court.