Judge rejects APD officer’s claim [The Herald Bulletin, Anderson, Ind.]

Sept. 10--ANDERSON, Ind. -- A judge dismissed an Anderson police officer's lawsuit against the city of Anderson and the city court judge last week, citing that the officer had no real evidence that he was owed the overtime compensation he sought, according to a court order.

"The Court concludes that there are no genuine issues of material fact and the Defendants are entitled to judgement as a matter of law," said Honorable Mary G. Willis in the dismissal order.

Willis is the Henry County Circuit Court judge who was appointed as a special judge on the case.

According to court documents, Anderson police officer Mark McCann sued the city of Anderson and city court Judge Donald Phillippe for overtime wages he believed he should have been paid as for his duties at the court.

Phillippe did not return messages this week. Anderson police spokesman Det. Mitch Carroll referred questions to Anderson city attorney Tim Lanane who then referred questions back to Carroll.

McCann, the documents said, was selected as the warrant coordinator for the police department in 1998. The position required McCann to serve as court security, maintain warrants and transport prisoners, the documents said. He also fulfilled his duties serving warrants as a police officer.

In 2005, McCann was moved back to a patrolman after Phillippe requested another officer based on complaints against McCann, he documents said. The document didn't elaborate on the complaints.

While working as the warrant coordinator, the court documents said, McCann received any reported overtime from the Anderson Police Department. It totaled about $47,000 over seven years, according to the judge's order.

The document said he never received or reported overtime to the Anderson City Court.

In his arguments to the court, according to the judge's order, McCann said he worked with officer Roger Ockomon, the senior APD officer at the city court. McCann argued that Ockomon was paid through both entities.

However, Willis ruled that Ockomon's jobs were separated through contracts and duties for each agency.

"Ockomon was employed separate from his Anderson Police Department salaried position as a 'probation assistant,'" the order said. "Ockomon and Judge Phillippe had an agreement as to what Ockomon's duties were and there was a salary set for it."

Willis found that McCann did not pass the Wage Claim statute test of an employer-employee relationship. She found, the order said, that the officer never had a contract with the city court, was not hired through the court, did not answer to the court, and did not have a personnel file with the court.

"McCann had no expectation of being paid by the Anderson City Court when he applied for the position and when he worked there," the order said.

Contact Christina M. Wright, 640-4883, christina.wright@heraldbulletin.com.

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