Deputy Sheriffs Sue Ex-Adviser Over Overtime They Were Never Paid

A San Diego law firm that represents numerous law enforcement groups has been sued for malpractice by the deputy sheriffs’ association over legal advice involving a disagreement with the county over overtime pay.

Daniel R. Krinsky, president of the San Diego Trial Lawyers Assn., and his partner, Patrick J. Thistle, have been sued for unspecified damages by Sgt. Roy Stamper, president of the San Diego County Deputy Sheriffs Assn.

Christopher L. Ashcraft, a former partner in the firm of Krinsky and Thistle, was also named as a defendant.

Stamper filed the complaint Monday in Superior Court on behalf of the association. The group is the bargaining agent for deputies, sergeants and lieutenants working with the San Diego County Sheriff’s Department.

According to the complaint, Krinsky and Thistle were hired in November, 1982, to advise the group’s members on whether they had a legal right to press the county for overtime pay when deputies worked through their 30-minute lunch break, in addition to working their regular eight-hour shift. In January, 1983, the firm informed the association that it had no legal right to ask for overtime pay, the suit said.

In the suit filed Monday, Stamper quoted a July 9, 1984, ruling by the California Supreme Court saying that police officers should be paid overtime when they work through their lunch break. The court made its ruling in a dispute involving the Madera Police Department.

Krinsky said Thursday that he had not seen the complaint, adding that he was baffled by Stamper’s decision to sue. He noted that the Supreme Court ruling occurred more than a year after his firm offered its opinion to the association, and said his firm stopped representing the group in 1983.

“Their new attorney in 1984 could have filed claims for this stuff. San Diego police officers managed through negotiations or through later claims to get some compensation for this overtime,” Krinsky said. “Apparently, the only ones who have not received this compensation is the deputy sheriff’s association. This should have been handled by their new attorney, and I don’t know why he hasn’t been named as a co-defendant.”

Byron Georgiou, the group’s new attorney, declined to comment. Stamper could not be reached for comment.

Because of the court’s 1984 ruling, the suit says, qualified officers in the sheriff’s department should be compensated for overtime pay going back to Jan. 1, 1979. The suit does not detail the advice allegedly given to the group by the law firm when its lawyers determined that deputies were not eligible for the extra pay.

In addition to the San Diego Police Officers Assn., Krinsky and Thistle represents about a dozen police organizations in San Diego and Imperial counties. The firm also represents officers and deputies who have been fired or who appear in court as defendants. The complaint asks for damages to be determined at trial.