Bristol Settles Lawsuit By Former Police Officer

By Thomas P. Caldwell

BRISTOL — The town has paid $21,000 to settle a lawsuit by a former Bristol police officer who was seeking compensation for every hour he spent to gain certification at the New Hampshire Police Standards and Training Academy.

Jonathan Francis, who now works for the Franklin Police Department, received $13,000 in the settlement, while his attorney received $8,000. In exchange, Francis agreed to release the town from any further obligation under the Federal Fair Labor Standards Act.

The town had paid Francis’ regular salary of $19.68 per hour, plus overtime, based on his submitted timesheets covering class time at the Police Academy. He later put in a claim for additional overtime of $1,446.68 which the town also paid.

In his lawsuit filed in federal court last May, Francis said the compensation did not cover his full time at the Police Academy.

“Classes, physical training, and studies would take up the rest of each day from Monday through Thursday, with very little free time, until they were required to be in bed with lights out at 9:30 p.m. on those four days,” his attorney stated in court documents. “On Fridays, the sessions ended at different times, but usually in the afternoon.”

Bristol’s attorney had filed a counterclaim against Francis, noting that he had signed a training agreement that required him to remain in the town’s employ for 36 months after receiving certification, or pay a prorated penalty to make up for town’s investment in his training. Francis had graduated from the Police Academy on Aug. 14, 2015, and he resigned on Feb. 26, 2017, so under the terms of the agreement, Francis owed $8,000 to the town.

“The issue of sending an individual to the New Hampshire Police Academy has been a matter of concern for New Hampshire municipalities because, once an individual receives the police officer certification, the officer can seek employment in other jurisdictions, those other jurisdictions being more willing to hire a certified officers [sic] knowing that they will not have to incur the costs of sending the officer to the New Hampshire Police Academy,” the town argued in seeking to collect the money.

In response, Francis stated that he broke his contract with the town because of Bristol’s “failure to satisfy the implied covenant of good faith and fair dealing.”

Specifically, Francis claimed Bristol’s police chief, Michael Lewis, had created a toxic work atmosphere, leading many officers to quit their jobs.

Lewis later was placed on administrative leave, and he resigned in October, although whether there is any connection to Francis’ suit is unclear. Bristol just announced the hiring of a new police chief, James McIntire.

The settlement was filed with the federal court last month. The agreement states that Bristol “has, at all times, acted in good faith and has either paid or tendered payment for all overtime wages that were due and owed,” and Francis agreed that “no further wages or monies are due or owed by the Town.”

22 March 2018