Another ex-Bristol officer sues town over unpaid overtime

BRISTOL — For the second time in a year, the town of Bristol is being sued by one of its former police officers for not paying the overtime he claims he is due from his time attending the New Hampshire Police Standards and Training Academy.

Everett Knighton, of Laconia, in a civil complaint filed in Belknap County Superior Court, is seeking $10,910 in unpaid overtime pay, plus a penalty of $10,910, called liquidated damages, for a total claim of $21,820, plus interest and attorneys’ fees and costs.

In September 2017, another former Bristol officer, Jonathan Francis, filed a similar suit for unpaid overtime while attending the 16-week basic training program for police officer candidates. In May, the town paid Francis $21,000 to settle the suit. Francis is now on the Franklin police force.

Knighton’s suit, filed Wednesday by his lawyer, Leslie H. Johnson, states that, while he was at the Police Academy between Aug. 25, 2015, and Dec. 15, 2015, he was engaged in some form of training for approximately 70 hours each week. His base weekly hourly rate at that time was $19.20, and so he should have been paid $864 in overtime each week, on average.

As outlined in the complaint, “Attendees were required to usually stay overnight at the academy Monday through Thursday nights, and physical training would start at 5:30 a.m., and sometimes efforts geared towards the program started before that time. While there was an academy schedule, and some quiet times noted, most of those were consumed by work-like or required activities or studying for the academy. Bedtime was at 9:30 p.m., but sometimes (Knighton) and others, would be woken up in the night as sort of punishment/training because, for example, an allegation of not having their shoes shiny enough.”

The complaint further alleges that the town of Bristol “directed someone to put in (Knighton’s) time as eight hours per day, 40 hours per week.” The complaint further states there are no detailed records documenting the time Knighton worked as a trainee. In addition, none of the Knighton’s timesheets were signed by him.

Asked for comment, Bristol Town Administrator Nicholas Coates said in an email, “The Bristol Select Board was just made aware of the lawsuit by former employee Everett Knighton. However, the Select Board has not had the opportunity to review the lawsuit and discuss it. The Select Board is not scheduled to meet until next week, so it will have no further comment at this time.”

Johnson said that, although the suit was filed in state court, she was waiting to hear from the town to see if it would want to move the case to federal court, as Francis’ was.

The attorney said her client is no longer on the Bristol police force, but she was unsure when he left.

Knighton joined the Bristol Police Department in 2015, the same year as Francis.

In his suit, Francis said he left the Bristol force in February 2017 in part because Bristol’s police chief at the time, Michael Lewis, had created a toxic work atmosphere, leading many officers to quit their jobs. The chief later was placed on administrative leave in September 2017, and resigned a month later.

Since resigning, Lewis has been indicted on three felony counts of theft by deception for allegedly collecting overtime pay for hours he never worked, and three misdemeanor counts of sexual assault.

To contact Michael Mortensen, email mike@laconiadailysun.com.