SAN DIEGO -- City Attorney Michael Aguirre said Monday he will deny a $50,000 settlement award to a San Diego police officer whose canine partner died of heat stroke in the back of the officer's closed vehicle.

The settlement award was part of a successful lawsuit filed against the city of San Diego by three officers who maintained that the extra pay they receive for handling police dogs should be included in their base compensation in order to determine their retirement benefits.

The San Diego City Council approved a payment of $223,000 to attorney Michael Conger, who represented the officers, and $50,000 to Officer Paul Hubka, whose dog Forrest died while in Hubka's care on June 20.

"Conger can have his blood money, but for the life of me I cannot justify payment of $50,000 to a police officer for care of an animal that he allowed to died under his protection," Aguirre said.

But Conger said Aguirre doesn't have the power to alter the June 24 judgment handed down by Superior Court Judith Hayes.

Conger said the officers won the case in court and on appeal, and will now have to go back to court -- costing the taxpayers more money -- to make sure the city pays.

A county of San Diego investigation found that Forrest -- a 5-year-old Belgian Malinois -- had been left in Hubka's car, which was parked in the driveway of his Alpine home with the windows rolled up for possibly as long as seven hours.

Conger said Hubka's "very horrible day" shouldn't take away from 18 years of honorable service on the department.