Sheriff’s Deputies Could Get a Big Bump in Pay Thanks to Federal Immigration Program

The Fayette County Sheriff’s Office wants to give deputies time-and-a-half pay using funds from the federal 287(g) immigration program. But first, the County will need to draft a new personnel policy.

Federal labor law allows local governments to pay public safety personnel according to a 14-day, 86-hour pay period, rather than the standard 40hour work week. The County does not normally pay deputies overtime. Instead, when they accrue more than 86 hours in two weeks, County policy stipulates that they will receive “compensatory time” (comp time) at a rate of 1.5 hours for every hour of time worked more than 86 hours. Deputies may use their comp time for paid leave just like vacation.

However, County policy states that comp time “shall not be counted in determining overtime.” In other words, deputies may not submit 86 hours of comp time and then work additional hours to earn overtime.

The only time the County pays deputies for comp time is if they accrue more than 480 hours or in the event of an employment separation.

Sheriff Keith Korenek along with Chief Deputy Randy Noviskie and Lt. David Beyer appeared at last Thursday’s Commissioners Court. Beyer said the Sheriff’s Office started allowing deputies to record comp time hours so they could earn overtime pay for work related to the 287(g) program.

“We started allowing our deputies to do that, which for us, it was beneficial because it gets the (comp) time off the books,” Beyer said.”Then the guys could put down their extra time and get paid time-anda- half. The federal government is paying that time-and-a-half for those guys to participate in the program, and then the county gets reimbursed for that time-and-a-half once it’s paid out.”

Beyer said an assistant at the County’s payroll office told the Sheriff’s Office that they could pay deputies under this arrangement. However, County Auditor Cindy Havelka, who supervises the payroll department, told Commissioners on Thursday that the arrangement violates the current policy.

The Sheriff’s Office proposed a policy change that would grant an exception to the overtime rules specifically for deputies engaged in the 287(g) program.

“If this policy is not passed, we’re not able to let our guys burn time to get the overtime,” Beyer said. “Right now, the guys have to physically work 86 hours on their time card, then they can participate in the 287(g) program and earn the time-and-a-half. What the policy (change) is basically stating is that the county will allow the guys to take their vacation time and their comp time to make the 86 hours on their time cards, and then they can participate in the 287(g) and get compensated at timeand- a-half.”

Beyer said the new policy would not cost the County any money. The Sheriff’s Office has already received about $752,500 in 287(g) funding. They have spent about $289,000 on equipment, leaving about $462,750 in the account. The County is in the process of receiving another $435,000 from the federal government, which will bring the account to about $900,000.

So far, Beyer said the Sheriff’s Office has paid out over $50,000 to deputies in overtime. They’ve been reimbursed $14,000 for that and the other $36,000 should soon arrive, he said.

“They’re risking their lives,” Beyer said. “They’re doing extra work. We bought ticket writers, which makes it easier to do traffic enforcement. Traffic enforcement is up 90 percent since the program started. Our call volume is down tremendously. I attribute that to the proactiveness of our deputies. We’re out there being seen more. So it’s beneficial all the way around.”

Havelka said she does not oppose the policy change. However, she said she wants to review the policy change with the Texas Comptroller’s Office to ensure compliance with the law.

“Fayette County is obviously not the only agency or county that’s participating in this,” Beyer said. “There are a lot of agencies throughout the nation that are participating.”

Beyer said he would bring a representative from Immigration and Customs Enforcement (ICE) to the next Commissioners Court meeting on Aug. 6 to answer any questions the Commissioners may have about the 287(g) program. In the meantime, Havelka said she would speak to the Comptroller’s Office about the arrangement. Assistant County Attorney Blake Watson said his office would draft policy changes for the Court’s consideration.

“I think it’s awesome,” said Pct. 4 Commissioner Drew Brossmann. “That’s a big chunk of money that y’all are getting and it’s helping to save us.”

“We’re participating,” Beyer said. “We’re doing our part, and our guys are doing their part. So far, it’s been a great partnership.”

The Court voted to defer the item until the Aug. 6 meeting.