Maverick County not paying overtime hours to Sheriff’s Department Dispatchers and Deputies

By: Ricardo E. Calderon, Copyright 2014, Eagle Pass Business Journal, Inc.

Maverick County Commissioners Court were advised at their special meeting on Thursday, February 13, 2014, by Maverick County Sheriff Tom Schmerber and staff that due to the Sheriff’s Department’s tight financial budget, the Sheriff’s Department was not paying its Dispatchers for overtime hours worked.

One female Dispatcher spoke before Commissioners Court to inform them that the Maverick County Sheriff’s Department is short of Dispatchers and needs to hire more because the current staff of Dispatchers are working 32 to 48 hours of overtime per pay period every two weeks and are not being compensated for these overtime hours because the Sheriff’s Department budget constraints do not have the funds to either hire more Dispatchers or pay them the overtime hours. The Dispatcher told Commissioners Court that they continue to work despite not getting paid overtime because they love and need their jobs and understand that Maverick County is in a financial bind.

Maverick County Sheriff Tom Schmerber confirmed the Dispatcher’s statements to Commissioners Court and told Commissioners that he does not have funds in his Sheriff’s Department budget to pay for hiring new Dispatchers and overtime hours worked at the moment. Sheriff Schmerber stated that he would request additional funding in next year’s budget.

Maverick County Chief Deputy Rick Fuentes advised Commissioners Court that the Dispatcher position is now required by state law to become licensed and undergo a six-months training and learning process at an approved Dispatcher Academy, and to hire a new Dispatcher will require they go through the new six month Dispatcher Academy and obtain their Dispatcher license.

The Eagle Pass Business Journal has also learned that Sheriff’s Department Deputies are also working overtime hours every pay period without being compensated for it. Many Sheriff’s Department Deputies are displeased with having to work overtime without compensation but are afraid to complain for fear of losing their jobs or being retaliated against for exercising their federal labor rights.

According to the United States Fair Labor Standards Act (FSLA), city and county law enforcement officers and personnel are protected under the Act to receive compensation for overtime work at the rate of one and a half times their rate of regular pay for any hours worked over 40 hours per week. Maverick County is obligated under federal law to pay its Sheriff’s Department Dispatchers, Deputies, and employees for all overtime hours worked unless they are exempt under the law or are entitled to a certain limit of compensatory time off.

The Maverick County Sheriff’s Department Dispatchers, Deputies, and staff are doing an outstanding job for Maverick County citizens and are extremely loyal to Sheriff Tom Schmerber and the community, but under federal law are entitled to be compensated for all overtime hours worked or receive a limited amount of compensatory time off.

Maverick County taxpayers are exposed to a potential federal lawsuit by Maverick County Sheriff’s Department Dispatchers, Deputies, and employees for failing to pay them for overtime hours worked, reasonable attorney’s fees, court costs, and fines for violating the Fair Labor Standards Act.

It is estimated that Maverick County’s potential liability for uncompensated overtime hours worked by Maverick County Sheriff’s Department Dispatchers, Deputies, and employees may be in the hundred of thousands of dollars.

Commissioners Court listened intently during Sheriff Tom Schmerber and staff’s presentation of this serious problem facing Maverick County.

According to public records, Maverick County has collected over $9.5 Million in ad valorem property taxes during October 2013 to February 2014 to fund its 2013-2014 budget. It is unknown if Commissioners Court are going to amend Maverick County’s 2013-2014 budget to pay for the overtime compensation owed to Maverick County Sheriff’s Department Dispatchers, Deputies, and employees.

Commissioners Court approved to provide Dispatchers compensatory time off for their overtime hours worked instead of paying them due to Maverick County’s lack of funds. The Sheriff’s Deputies overtime problem remains unresolved.