Maverick County Commissioners Court may do Budget Transfer to Cover U.S. Department of Labor Review of Overtime Hours
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
Maverick County Commissioners Court will hold a special meeting on Thursday, July 31, 2014, at 5 P.M. at the Commissioners’ Courtroom in the Maverick County Courthouse located at 500 Quarry Street in Eagle Pass, Texas, addressing several important agenda items including the possible transfer of budget funds to cover for the payment of salaries as a result of the United States Department of Labor Review of overtime hours as first reported in the Eagle Pass Business Journal on July 23, 2014.
Agenda Item No. 28 calls for the discussion and possible action for approval on budget transfer to cover for the payment of salaries as a result of the United States Department of Labor Review of overtime hours. As first reported in the Eagle Pass Business Journal, the United States Department of Labor opened an investigation of the Maverick County Sheriff’s Department earlier this year for the nonpayment or compensation of overtime hours worked by Sheriff’s Department Dispatchers and Deputies.
At a February 13, 2014 Commissioners Court meeting, Sheriff Tom Schmerber and a female dispatcher advised the Maverick County Commissioners that the Dispatchers were working 32 to 48 hours overtime per pay period (every two weeks) because there was insufficient funds in the Sheriff’s Department Budget to pay them time and a half as required by the federal Fair Labor Standards Act (FSLA). Commissioners Court approved the 2013-2014 Maverick County Fiscal Year Budget, which includes the Sheriff’s Department, and did not provide for any overtime compensation. Commissioners Court, however, did approve to provide compensatory time off to Dispatchers for their overtime hours at the February 13th meeting.
Subsequently, Sheriff Deputies also complained that they too were working many hours overtime without being compensated time and a half as required by the Fair Labor Standards Act, prompting the U.S. Department of Labor to send their field investigators to review Maverick County’s non-compliance with the FSLA.
In an exclusive interview with the Eagle Pass Business Journal, Sheriff Tom Schmerber stated that this overtime pay problem occurred several years before his taking office as Commissioners Court reduced all of the County employees, including Sheriff Department, work week to 35 hours and later raised it to 40 hours a week after former Sheriff Tomas S. Herrera pointed out to the Commissioners that the cutback of work hours was causing security problems in Maverick County. Sheriff Schmerber pointed out that he brought the issue before Commissioners Court on February 13th of this year to advise them of the overtime compensation non-compliance and request relief for the Sheriff’s Department Dispatchers and staff.
What is unknown as of yet is how much money is this overtime compensation non-compliance issue in Maverick County is going to cost taxpayers as well as how many Maverick County employees have similar claims.
What is certain is that Sheriff Schmerber will request Commissioners Court to provide adequate funding in the upcoming 2014-2015 Fiscal Year Budget to cover any overtime compensation for Sheriff’s Department employees, whose Budget workshops should be commencing soon.
Another Agenda Item No. 12 calls for the discussion and possible action on approval of a resolution by Maverick County in opposition to the sale of water by the City of Del Rio, Texas to Dos Republicas Coal Partnership. At a July 22, 2014, Del Rio City Council meeting, representatives of Dos Republicas Coal Partnership presented a proposal to the Del Rio City Council
for the purchase of their treated sewer water, which is discharged into the Rio Grande River, for use in their Eagle Pass Mine. Dos Republicas Coal Partnership seeks to buy Del Rio’s treated sewer water, estimated to be four million gallons per day, discharged into the Rio Grande River and have it transported to its Eagle Pass Mine site near Thompson Road (FM 1588) through the Maverick County Water Control and Irrigation System No. 1 lateral canals. A group of Maverick County citizens attended the Del Rio City Council meeting to express their opposition to the City of Del Rio selling its treated sewer water to Dos Republicas. A Del Rio City Councilman told the Maverick County citizens that a resolution from Maverick County Commissioners Court and the Eagle Pass City Council in opposition to the sale of Del Rio’s treated sewer water to Dos Republicas Coal Partnership would be helpful. The Del Rio City Council tabled their sale of treated sewer water to Dos Republicas Coal Partnership until a future meeting in order to give the City Manager time to research the issue and advise them.
Another Agenda Item is No. 38 which includes the discussion and possible action to activate procedures with intent to sell the Maverick County Rodeo Arena Property. Maverick County Commissioners Court under the leadership of former County Judge Jose A. Aranda, Jr. approved the purchase of a large acreage tract known as “The Caballo Dorado Arena” on Pioneer Road in southern Maverick County for over $400,000 to be used as a County Rodeo Arena and Special Events Center from local attorney Joaquin L. Rodriguez. Since Maverick County’s purchase of the property, the cost to maintain and operate the County Rodeo Arena has become too expensive and a financial burden for the County. Current Commissioners believe that it would be best for Maverick County to sell the County Rodeo Arena to a private entrepreneur who may be best suited to operate such a property or to the Maverick County Junior Livestock Show Association as a future site of its annual Junior Livestock Show and Sale and other activities for local youth. It is unknown if the County Rodeo Arena can be sold at a price at or above what Maverick County paid for it or whether it might have to be sold at a loss to taxpayers.
There are a total of 41 items on the Agenda for the July 31, 2014, Maverick County Commissioners Court special meeting. The public is invited to attend Commissioners Court meetings as they are public meetings and open to all citizens.
