National Association of Police Organizations: Press Releases and Bulletins

WASHINGTON, DC - On January 6, 1999, the National Association of Police Organizations, Inc. (NAPO) submitted a "friend of the court" or amicus curiae brief with the U.S. Supreme Court in support of state law enforcement officers in the case of John H. Alden et al. Vs. State of Maine, on which the U.S. Supreme Court is scheduled to hear oral arguments today, March 31, 1999 at 10:00 a.m. NAPO is a national non-profit organization, representing 4,000 police unions and associations with 250,000 sworn state and local law enforcement officers in the United States.

The brief was filed in support of 64 Maine parole and probation officers. NAPO seeks to reverse the judgment of the Supreme Judicial Court of Maine, which had affirmed the trial court's dismissal on sovereign immunity grounds of the claims by these officers, who allege that the State of Maine violated their rights to overtime pay under the Fair Labor Standard Act (FLSA), 29 U.S.C. § 201, et seq.

"Incredibly, a state government is violating federal law protecting public workers, and Maine's courts are acquiescing in those violations," said Robert T. Scully, NAPO's executive director. "The trial court's dismissal of these officers' legitimate claims was not based on the merits of their claims--no trial was ever held--but simply on the court's approval of the State's assertions of sovereign immunity to keep from being sued in state court. This was done in order to keep from having to pay these officers what is owed them under federal law," continued Scully. "This case will establish whether state governments may disregard the supremacy of federal law under the Constitution, by asserting sovereign immunity to disregard and ignore the requirements of the FLSA concerning overtime pay and minimum wages, as applied to public employees," said Scully.

NAPO's members have a significant interest in the important issues of law before the Supreme Court and the impact of the Court's decision on law enforcement officers. NAPO's brief asserted that Maine state employees have a constitutional congressionally enacted right, under the FLSA, 29 U.S.C. ' 216 (b), to bring a cause of action against the State of Maine in state court, and Maine's refusal to entertain those actions must be invalidated as unconstitutional.

The National Association of Police Organizations (NAPO) is a coalition of police unions and associations from across the United States that serves in Washington, DC to advance the interests of America’s law enforcement officers through legislative and legal advocacy, political action and education. Founded in 1978, NAPO now represents 4,000 police organizations and more than 220,000 sworn law enforcement officers.

FOR A COPY OF THE BRIEF, CALL JODY COUSER AT THE NAPO OFFICE (202) 842-3560.

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