Maverick County Commissioners Court approves budget transfer to pay for U.S. Department of Labor Review of Sheriff’s Department non-compliance with Fair Labor Standards Act
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
Maverick County Commissioners Court held a special meeting on Thursday, July 31, 2014, at the Maverick County Courthouse located at 500 Quarry Street in Eagle Pass, Texas, approving several important issues including a budget transfer of funds to pay for the Sheriff’s Department non-compliance with the federal Fair Labor Standards Act for overtime compensation as investigated by the United States Department of Labor.
One of the agenda items discussed and unanimously approved by Commissioners Court was the transfer of $38,954 from the budget to pay for the Sheriff’s Department non-compliance with the federal Fair Labor Standards Act for overtime compensation for a certain period as recently investigated by the U.S. Department of Labor. Sheriff Tom Schmerber and a female dispatcher brought to light the problem to Commissioners Court at a February 13, 2014 Commissioners Court meeting. Sheriff Schmerber requested Commissioners Court to remedy the overtime compensation issue concerning dispatchers by approving compensatory time off for the overtime hours worked. Sheriff’s Department were previously working 32 to 48 hours of overtime without compensation. Subsequently, several Deputy Sheriffs raised they too had worked overtime without compensation, prompting the U.S. Department of Labor to send representatives to review Maverick County compliance with the federal Fair Labor Standards Act which requires employers to pay time and a half and/or compensatory time for overtime hours.
Maverick County Judge David R. Saucedo stated that a representative of the U.S. Department of Labor had visited and met with him, County Treasurer Rito J. Valdez, III, and Sheriff Tom Schmerber regarding a review of Maverick County’s compliance with federal labor laws concerning overtime compensation. Judge Saucedo noted that the meeting with the U.S. Department of Labor had been beneficial as the County was presented with remedies from falling into non-compliance in the future, such as establishing certain work week hours. Judge Saucedo stated these remedies will be presented to Commissioners Court in the immediate future for approval. Judge Saucedo noted that only the Sheriff’s Department was in non-compliance for a limited time period and that all other County Departments were deemed to be in compliance as a result of the U.S. Department of Labor Review.
Judge Saucedo stated that the U.S. Department of Labor had not imposed any sanctions and penalties to Maverick County, but did require that Maverick County pay overtime compensation to certain Sheriff’s Department employees. “They are just saying this is the amount of overtime that was worked during a period of time and it must be paid,” said Judge Saucedo.
The total amount of overtime compensation owed by the Maverick County Sheriff’s Department determined by the U.S. Department of Labor is $38,954.
“In light of what transpired over the years, when I came in the rampant amount of overtime that was being paid, we were forced to put in measures that might have been seen as dire at the time. It was either save the county or shut it down. They came back (U.S. Department of Labor) and said we understand what you were doing and why you did it. We are not fining you or assessing you, we are just saying pay this amount that was worked overtime,” said Judge Saucedo.
Judge David Saucedo asked the County Auditor’s Office if the County had an overtime hours line item on the annual budget.
Judge Saucedo requested the County Auditor’s Office to implement a line item for overtime hours during the preparation of the 2014-2015 fiscal year budget.
Another agenda item unanimously approved by Commissioners Court is an agreement between Maverick County and the Eagle Pass Independent School District for the use of walking facilities at five local elementary schools. This is an agreement that will allow the Texas Health Department to establish and fund the construction of five new walking trails in the community to promote healthy living through exercise.
Rosy De Los Santos from the Texas Department of Health Services and Border Health Program presented Commissioners Court the proposed agreement. “We are currently working with several local schools to promote health initiatives promoting nutrition and physical activity. This is an opportunity to build walking tracks at five different schools to allow the community to engage in physical activity. What we have are startup funds,” said De Los Santos.
The five schools that are being considered are Kirchner Elementary in Precinct 3 in Quemado, Armando Cerna Elementary in Precinct 4, Ray Darr Elementary in Precinct 2, San Luis Elementary in Precinct 2, and Glass Elementary in Precinct 3.
De Los Santos stated these schools were selected because the Texas Health Services Department is currently working in conjunction with these selected schools in promoting nutrition and physical activity.
Commissioners Court unanimously approved the agreement subject to an amendment splitting liability of responsibility due to any damages from vandalism for restitution and repair between Maverick County and the Eagle Pass Independent School District.
Another item discussed and unanimously approved was a Memorandum of Understanding agreement between Maverick County and SCAN (Serving Children and Adults in Need) Residential Substance Abuse Program of Laredo, Texas for the operation of a substance abuse treatment facility at the Border Hope Juvenile Restorative Residential Facility at the Radar Base.
293rd Judicial District Chief Juvenile Probation Officer Bruce Balou told Commissioners Court that SCAN is a non-profit organization that is interested in running a substance abuse treatment facility at the Radar Base building which used to house the Border Hope Juvenile Restorative Residential Facility. “Our purpose is to have a residential facility and SCAN will license the facility. It will generate revenues for Maverick County. It will also give us a place to send our kids for local in-patient substance abuse treatment,” said Balou. SCAN is based in Laredo, Texas and operates similar in-patient substance abuse programs.
Commissioners Court agreed the Memorandum of Understanding should move forward pending one last review by Maverick County General Counsel Poncho Nevarez. Commissioners Court expressed concerns that the Border Hope facility is costing money to maintain an empty building and liked leasing the facility to SCAN in order to provide a much-needed in-patient substance abuse program while raising revenues for Maverick County.
“It will generate some revenue instead of costing Maverick County,” said Chief Juvenile Probation Officer Balou. “It will also give us some free bed space where we don’t have to pay to send our kids to other communities for substance abuse inpatient treatment,” added Balou.
Balou noted to that the Memorandum of Understanding was developed and written giving Maverick County the ability to cancel the agreement at any time Maverick County so desires
The Maverick, Dimmit, and Zavala Counties Juvenile Board’s Border Hope Restorative Justice Center for juvenile offenders was closed down by the Texas Juvenile Justice Department on Thursday, September 26, 2013 for non-compliance with State standards.
