WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. February 2, 2010: The Common Council effort to overturn the new 12-hour police work shifts for patrols voted last night in Executive Session is based on two matters:

1.)The new Adam Bradley Administration contention that Mayor Joseph Delfino never acquired Common Council approval in 2008 for the new 12-hour police schedule; and

2.) the Mayor's allowing overtime to be paid police in actual monetary pay, instead of being paid with compensatory time-off. The city contends the overtime pay mode (actual monetary pay instead of compensatory time), needed an amendment to the existing police contract, which required council approval, the Bradley administration Chief of Staff, John Callahan said today.

Overtime Savings Unconfirmed.

In a brief interview late Tuesday afternoon, WPCNR asked Mr. John Callahan, City Chief of Staff, if, in attempting to overturn the 12-hour Work Schedule for police patrols, the city would be foregoing savings in overtime which were promoted as the reason for testing  the 12-hour shifts. Callahan said  “we cannot tell at this time, until the new Commissioner of Public Safety (David Chong) completes an analysis.” Callahan added that if 12-hour shifts created such a savings in overtime costs, he felt other departments in the area would be using the 12-hour shift model.

John Callahan, City Hall Chief of Staff. January 3.

Asked why the city felt the 12-hour shift for police was the subject of a Declaratory Judgment action (to be filed) to overturn it, Callahan said the police 12-hour shift was not formally approved by the Common Council Callahan added that another part of the Declaratory Judgment action concerned itself with Mayor Joseph Delfino’s authorization of  police overtime paid in cash, instead of compensatory time, which Callahan said required an amendment to the police contract.  Callahan said the cash payment of overtime was never approved by the Common Council.

Callahan reconstructed the events of late 2008 as follows. He said the Council originally rejected the pay settlements reached by the fire fighters union, and the Mayor went back to the Common Council urging them to approve the 24-hour shifts for firefighters as a money-saving, overtime saving measure. The council agreed to approve the firefighter hours, but Callahan said the Mayor never returned to the council to approve the police 12-hour shifts.

The suit is scheduled to be filed within the next two weeks.