Balenger files for back pay

SUPERIOR – Former Mineral County Sheriffs Deputy Jim Balenger has filed a claim requesting $14,158 in back pay from Mineral County.

The claim seeks a half-hour of overtime per day for seven days a week, or 365 days for a period of three years, which is the duration that Balenger was trained as a K-9 officer.

Mineral County Attorney Marcia Boris, and Mineral County Clerk and Recorder Staci Hayes presented the details to the Mineral County Commissioners during a May 8 meeting. 

In accordance with federal and state statutes, the Montana Department of Labor and Industry can only collect two years of lost wages. Balenger was attempting to claim lost wages from September 2009 to March 2014, according to the claim.

MDLI also requested an employment agreement, record of hours worked and payroll records from March 2012 to March 2014. 

The county has until May 14 to respond to Balenger’s claim with MDLI, which includes providing documentation on why the county shouldn’t pay the requested sum.

If MDLI doesn’t receive a reply by May 14, the claim could be granted and the wages would be due. 

“It is possible to get an extension to respond to the claim,” Boris said. 

Boris said that might be possible because of delays in obtaining the requested documentation in so little time. 

She has declined further comment because of a restraining order filed by Balenger against the county to prevent the release of his termination information, which is currently being reviewed by the district court judge. 

Balenger claims that under the Fair Labor Standards Act, a K-9 officer may be compensated for time spent transporting the dog to and from work, off duty care and feeding of the dog when such activities are seen as necessary and beneficial to the employer, exercising the dog while off duty and cleaning of the dog’s kennel while off duty. 

Because he bathed and administered medications for the dog while off duty, he believes that this directly benefited the county and he should be compensated for it. 

Balenger also said in his statement that he paid for all dog food during the time period he is claiming, which he wasn’t compensated for. 

The former deputy also traveled to Missoula and Kalispell for training and wasn’t compensated for those trips, according to the claim statement. 

Although this action was filed, there is nothing on Balenger’s timecards that document the extra half-hour of pay he is seeking, according to Hayes.