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Village Attorneys Prepare a Response to Tinley Police K-9 Handler's Lawsuit

The village has more than three weeks left to respond to the lawsuit, which was officially presented to them about 10 days ago, officials said.

has until Nov. 28 to respond by a officer and K-9 handler, officials said this week.

“It’s just the initial answer to our complaint that’s due then,” said the officer’s attorney, David E. Stevens. “It could be a court pleading, it could be a motion to dismiss. There are other responses they can file other than just pleading.”

The officer, Bob Diorio, filed the litigation Sept. 23 against the village in order to collect money for the time he spends caring for the department’s service animal, Thor.

He’s seeking two to three years worth for the time he spends with the pup outside of his regular work hours, though Stevens wouldn’t say Wednesday what that amount to in dollar signs.

“Of course there’s a number that we’re thinking of but without having spoken to the village or their attorneys, I don’t want to say,” he said. “It’s going to be a component … of his hourly wage rate (and) the number of hours that he was working per week … If his payroll records show he only worked 20 hours in a week, the additional hours we're seeking wouldn't be considered overtime.”

The extra time with Thor should be calculated on a time-and-a-half basis, if it is indeed considered overtime, Stevens said.

“Until we know how many hours he was working in a week, looking at the actual payroll records, we wont be doing those computations to form demands,” he noted.

Tinley Park Mayor Ed Zabrocki said he hasn’t talked to Diorio or Stevens regarding the matter. The village pays Diorio a $2,000 stipend—that’s on top of his $83,096 salary—for being the K-9 officer, according to village documents.

Zabrocki said he was also reimbursed last fiscal year with nearly $1,500 for pet food and supplies.

The lawsuit was officially presented to the village less than two weeks ago, Zabrocki said.

“We’re going to follow through with it the way we normally would,” he said. “We’ll file the necessary paperwork.”

Stay with Patch for more coverage of this lawsuit. If you'd like us to let you know when we publish more info about it, click the green "keep me posted" button immediately below this story.

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Ed November 04, 2011 at 12:31 PM
They should fire that ungratefull clown.
Diana Rogers November 04, 2011 at 01:49 PM
You've got to be serious!!! Over what?? Maybe a few thousand dollars??? This guy obviously has NO clue that his actions will prevent him from ever being hired at another police department. Talk about career suicide!!!
Russ November 04, 2011 at 02:35 PM
The village needs to rethink what this employee actually is getting at their expense.I think he should pay the village for the joy of having a pet on the job.Having the protection alone, is more than any other police officer gets on the job,I think having that dog with a stipend and paid expenses is a perk,a generous compensation, not an obligation.
I'm Just Saying November 04, 2011 at 03:38 PM
Assuming the $83,096 he made was all straight time, and he has the dog 24/7 he has already been paid for 'watching' the dog for 2,080 hours that year. So are they implying that he should be paid time and a half, $59.93 an hour for the remaining 6,680 hours in the year he has the dog. So they are seeking an additional $400,542.80 a year for 2 or 3 years. Seriously? Oh wait they need to deduct the $2,000 stipend he already received.
Russ November 04, 2011 at 03:47 PM
How much money would you have to pay to have a trained guard dog around you and your family 24/7? I think the officer owes Tinley some money.
mr.joe November 05, 2011 at 12:11 AM
no body knows the REAL reason this guy is suing the village of tinley park.what goes on behine the scenes in that town is unbeliable.this cop is not the bad guy everyone thinks he is.
So There November 05, 2011 at 01:39 PM
I think a two thousand dollar stipend above his large salary is more than enough! Plus his family has live-in protection! It's called greed.
Russ November 05, 2011 at 03:03 PM
Mr Joe ,if it is retribution for some bad treatment behind the scenes,I think the officer chose the wrong battle to prove his point.
Ed November 06, 2011 at 02:05 PM
Hey mr. joe, If there was a eral reson you would have spewed it out here. Your full of it. Go take a hike.

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