LOUISVILLE, Ky. (WDRB) -- Louisville Metro Police Chief Erika Shields took the stand Monday in defense of her department's pay to its SWAT team.

The lawsuit filed in 2016 claims members of the LMPD SWAT team should have been paid for "on-call" time dating back to 2002. The officers claim to have missed family functions, couldn't get off-duty jobs and more because of the on-call rules. Officers would be on-call for two weeks at a time during which they could not drink and needed to be able to respond to a location within 45 minutes. Once officers answered the call, they would collect pay.

In a little more than an hour on the witness stand, Chief Shields argued the SWAT officers have always been fairly compensated for their work — once they're called to a scene.

LMPD Chief Erika Shields

Louisville Metro Police Chief Erika Shields testifies in a Jefferson County courtroom as her department's SWAT team fights for back pay. July 25, 2022 (WDRB Photo)

"I’m sorry, but when you are waiting on a phone to ring, that is not work," she testified. "I’ve never talked to a chief where they pay officers for being on call."

SWAT is the elite team for LMPD that deals with situations involving hostages, barricaded suspects and serving dangerous warrants. Each member is highly trained. And back in 2016, the team went full-time, meaning those officers assigned to the SWAT team only work doing that. The officers claim to have missed family functions, couldn't get off-duty jobs and more because of the on-call rules. 

Ann Oldfather, the plaintiffs' attorney, questioned Shields about officers' secondary employment. Shields confirmed that there are restrictions put in place by the department but emphasized that that's part of the job.

"When you choose a profession like policing, you know what you're stepping into," she said.

During opening arguments last week, defense attorneys for the city argued the same.

"The SWAT officers that bring this lawsuit all knew when they signed up for the job, what was expected from them," attorney Suzanne Michael said. "The question you're going to have to answer at the end of the trial, when they're on-call, 'Is their time so severely restricted that it's not their time at all?'"

Oldfather sued the city in the early 2000s on behalf of firefighters who claimed they were not receiving fair overtime pay. The city ended up paying more than $34 million of back pay in that case.

While being questioned by attorneys for the city, Chief Shields sent a very direct message to jurors. She said, "We're spending your money."

"The city gets its revenue from four different sources," said Deputy Mayor Ellen Hesen. 

Hesen was next on the witness stand and explained the impact the lawsuit could have on the city.

"To have to cover some kind of expense like that would mean having to raise taxes and cutting services," she said.

"We work 24 hours on and 48 hours off," said Louisville Fire Chief Gregory Frederick when questioned about firefighters with similar on-call schedules.

Oldfather asked if Louisville Metro paid dedicated firefighters for around-the-clock coverage of fire services in the city, to which Frederick answered "Yes."

"We thought that the jury got a lot of useful information," Oldfather said after court, calling the message the jury got from Shields part of the city's scare tactics.

"Letting Chief Shields turn to the jury and say, 'We are worried about your pocketbooks.' So, I did make a point to say, if we are worried about our pocketbooks, it's a very small amount ... to do the right thing for people that are benefiting our community," she said.

The trial continues Tuesday morning and is expected to wrap up by the end of the week.

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