The Clinton Herald, Clinton, Iowa

Local News

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
Local News
  • Theft trial for man charged in Wolfe sisters' murders

    A western Pennsylvania man accused of having robbed and killed his next-door neighbors, two sisters of Iowa Rep. Mary Wolfe, now also faces trial on charges that he stole another woman's wedding ring a year ago.

    State police in Greensburg allege that 43-year-old Allen Wade of East Liberty, Pa., stole the ring while delivering a refrigerator to a home in April 2013. Westmoreland County Common Pleas Judge Rita Hathaway on Thursday agreed to schedule the case for trial.

    April 18, 2014

  • More felonies added to sex abuse charges CLINTON -- A Clinton man already facing multiple felony charges for allegedly sexually abusing a child is now facing six more felonies for sexual exploitation of a child. Tony D. James, 45, was charged this past weekend with six counts of sexual expl

    April 18, 2014

  • Wildlife service to conduct burnings CLINTON -- The U.S. Fish and Wildlife Service will conduct several prescribed burns this spring. The burns will take place on the Upper Mississippi River National Wildlife and Fish Refuge in Carroll and Jo Daviess counties. Sites planned for burning

    April 18, 2014

  • Women jailed on meth charges

    CLINTON -- Two Clinton women are currently being held in the Clinton County jail on $50,000 cash-only bonds for methamphetamine charges. Jessica L. Crabtree, 29, 215 10th Ave. North, and Tera A. Riddle, 27, 611 1/2 S. Seventh St., were arrested last

    April 18, 2014

  • Photo exhibit 2 'Hats Off' Art exhibit covers downtown (With Map & Video)

    CLINTON -- A clown. Clinton High wrestlers. An expecting mother. A young Mozart. These faces and more all peered through downtown storefronts Thursday. They're there again today, too. Looking back at them was photographer Jean Black. They are her way

    April 18, 2014 3 Photos

  • Fire alarm evacuation at Eagle Heights

    Students of Eagle Heights Elementary School were evacuated Thursday afternoon after staff smelled something being emitted in the first-grade hallway and main office areas.

    According to a press release from the Clinton Community School District, staff noticed the smell at approximately 1:10 p.m. It was then determined the fire department should be notified, and the fire alarm was pulled. The building was evacuated quickly and the Clinton Fire Department responded immediately.

    April 17, 2014

  • UPDATED: McColley found not guilty of sex abuse

    Relief showed on the faces of Russell McColley and his family Thursday as a verdict of not guilty was read in court.
    "Our prayers were answered, that's all I have to say," Tracy Hook, McColley's sister, said.
    McColley was facing a charge of second-degree sexual abuse. If he had been convicted of the class B felony, he could have faced as much as 25 years in prison.

    April 17, 2014

  • Court denies man's appeal in robbery CLINTON -- The Iowa Court of Appeals has upheld a conviction of a man who robbed a Clinton pawn shop in 2012. Darrell L. Thomas recently appealed his first-degree robbery conviction to the Iowa Court of Appeals. The court released its decision Wednes

    April 17, 2014

  • Dutch Days grand marshals Fulton couple honored as grand marshals

    Bob and Trudy Feldt have been dedicated to the city of Fulton for decades. Whether it be Trudy's 27-year commitment to teaching the children of the community at the River Bend School District, Bob's 33-year career with the Fulton-born c

    April 17, 2014 1 Photo

  • CCDA will match funds to secure van

    CLINTON -- One local non-profit organization soon will benefit from a donation from the Clinton County Development Association but it's not their typical form of grant giving. During a meeting Wednesday, CCDA members discussed the possibility of matc

    April 17, 2014

Facebook
Clinton
Camanche
Fulton
Clinton Herald photos


Browse, buy and submit pictures with our photo site.