The Clinton Herald, Clinton, Iowa

Clinton

December 28, 2012

Trial date set in city MTA driver overtime case

CLINTON — A trial date has been set in the case between the city of Clinton and a Clinton Municipal Transit Administration driver.

Yvonne Fortner is suing the city because she claims she was not paid more than $7,400 in wages for overtime she earned over a period of one year and four months. A pre-trial/settlement conference will be 1:30 p.m. Jan. 11 and the trial is set for 9 a.m. Feb. 5.  

Fortner alleges the city is in breach of contract as set forth by the agreement between the city and Iowa and Local 888 of the American Federation of State County and Municipal Employees that governs her employment with the city.

According to a lawsuit filed in Clinton County District Court in February, that contract states that an employee will be paid time and a half for all work performed in excess of eights hours a day, all work performed in excess of 40 hours a week and all work performed before or after any scheduled work shift.  The agreement also stipulates that Fortner would be paid double time for all work performed on Sundays and holidays.

Fortner claims she worked 59 Sundays as well as days in excess of eight hours between the day she was hired, August 15, 2010 and Dec. 30, 2011 but was only paid her regular wage.    

She also alleges the city is liable for unjust enrichment because it held the wages she claimed to be owed.  

By the time Fortner filed the lawsuit, she claimed, it had been six months since she first demanded payment of the wages she was owed.  

The city has since said the District Court is without jurisdiction in the case because Fortner failed to follow the grievance procedures set by AFSCME Local 888, according to court documents.  Therefore, a document filed by Clinton City Attorney Jeff Farwell states, Fortner’s claim should be dismissed. 

1
Text Only
Clinton
  • photo-55.JPG UPDATE: 17-year-old fell, airlifted at Eagle Point Park (with VIDEO)

    A 17-year-old male was airlifted to Iowa City Monday afternoon after he fell approximately 80 feet from the bluff at Eagle Point Park. The male was not identified by authorities.

    July 28, 2014 1 Photo

  • Interest in Ernst rises as his game does, too

    Brady Ernst is having a summer to remember.
    The rising River King senior is spending the summer playing for the Iowa Barnstormers traveling basketball team. This weekend they're playing in the Fab48 tournament in Las Vegas.

    July 26, 2014

  • PHOTOS: Clinton Junior Baseball 2014 Tournament Winners

    Clinton Junior Baseball 2014 Tournament Winners - Majors, Minors, Pee Wee

    July 25, 2014

  • JUST IN: Man shot in downtown Clinton

    A 32-year-old man was shot in downtown Clinton early today.

    July 25, 2014

  • YWCA offers lifeguard training

    CLINTON — The YWCA will offer lifeguard training in August.The course will be held from Aug. 4 to 10 at the YWCA. This 30-hour class will meet from 5 to 9 p.m. for four weeknights and from 1 to 5 p.m. Saturday. A possibility of adding a class from 1

    July 25, 2014

  • Concurrent terms ordered in burglary case

    CLINTON — A Clinton man will serve four concurrent prison terms for his role in a string of 2012 burglaries.Assistant Clinton County Attorney Amanda Myers on Thursday requested the court to order Cory Mitchell, 38, to serve as much as 10 years in pri

    July 25, 2014

  • Whitecaps take away Clinton offense CLINTON — The Clinton LumberKings (13-19, 43-57) mustered only five hits as the visiting West Michigan Whitecaps (20-12, 61-41) shut down the hometown club at Ashford University Field.Whitecaps’ starter Jonathon Crawford (6-2) allowed only four men t

    July 25, 2014

  • 7-25-14 1B-Photo, Clinton track Clinton king of Brady DAVENPORT — It might not have been the blue oval, but Clinton track can place its mark at the top of the hill.The quartet of Barrion Collins, Marquis Robinson, Quavon Jones and Deshond Robinson won the high school boys division of the Battle Up Brady

    July 25, 2014 1 Photo

  • Habitat for Humanity hosts fundraiser

    CLINTON — Habitat for Humanity will host a fundraiser in Thomson, Illinois.The Clinton County group will showcase Laid Back Luau from 5 to 8 p.m. Friday, Aug. 8, at Heirloom Cafe in Thomson. The event will feature games, prizes, music train rides for

    July 25, 2014

  • 7-24-14 1B-Photo, Choice 2 Cinderella run ends DUBUQUE — The playoff run was fun while it lasted. Dubuque Hempstead, the No. 1-ranked baseball team in Class 4A entering Wednesday, ended Clinton’s chances at back-to-back appearances in the state tournament in Des Moines. The Mustangs knocked out t

    July 24, 2014 2 Photos

Clinton Herald Photos


Browse, buy and submit pictures with our photo site.

Facebook