In wake of lawsuit, city’s police dog program nixed

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Kevin Harvison

September 25, 2007

In wake of lawsuit, city’s police dog program nixed

By James Beaty The McAlester News-Capital Tue Sep 25, 2007, 09:54 AM CDT

It’s bye-bye Bosco for the McAlester Police Department.

McAlester Police Chief Jim Lyles told the News-Capital he’s suspending the police’s canine program in the wake of a lawsuit filed in federal court.

Bosco is the department’s trained drug dog. A German Shepherd, Bosco is responsible for sniffing out and taking enormous quantities of illegal drugs off the streets — including 205 pounds of marijuana in a single bust last year.

Filed on behalf of McAlester police officer Jeremy Busby, who is the dog’s primary handler, the lawsuit contends the city failed to adequately compensate Busby for the off-duty hours he spent caring for the dog.

Asked about the lawsuit, Lyles said “We‘re going to suspend the use of the dog and Mr. Busby will go back to his patrol.”

Who made the decision?

“Me and the city manager discussed it and that’s what we come up with,” Lyles said, referring to City Manager Mark Roath.

“Where the dog actually ends up — the city council will be addressed on that.”

The chief said he personally thinks the canine program has been beneficial for the city.

“It’s one less tool we’ll have to work with,” Lyles said.

He also thinks that Bosco did a good job.

“There’s still some use left in the dog,” he said.

However, Lyles said the added expense of paying for the dog’s care has not been budgeted.

“I don’t think it’s worth the added expense to do the program,” Lyles said.

Now, Bosco normally stays with Busby part of the time and he’s housed at Renegar Animal Hospital part of the time, the chief said.

Busby has been the assigned canine officer for the police department since August 2005, according to the lawsuit.

His job as a canine officer involved caring for, training and transporting the dog, the lawsuit states.

The city permitted Busby to work in excess of the overtime threshold in each seven-day work period to care for the police department’s dog — which constitutes hours worked under the federal Fair Labor Standards Act, Busby’s lawsuit alleges.

Bosco had originally been acquired through a joint effort of the McAlester Police Department, the Pittsburg County Sheriff’s Department and the District 18 District Attorney’s office. They all helped with the start-up costs, Lyles said.

“After the start-up costs, the city has been stuck with the whole thing,” he said.

The police chief said he had been surprised by the lawsuit, because he thought the matter could have been resolved without going to court.

Eliminating the police canine program won’t resolve the issues raised in the lawsuit, but it’s expected to keep the expenses from getting larger.

Busby’s attorney, James R. Moore, of Oklahoma City, filed the lawsuit — which requests a jury trial — at the Eastern District of Oklahoma U.S. Courthouse in Muskogee.

It doesn’t name a monetary amount, but the lawsuit asks for a judgment against the city for hours worked by Busby taking care of the dog, liquidated damages, prejudgment interest, attorney fees and costs.

Contact James Beaty at jbeaty@mcalesternews.com.

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