Saratoga council talks overtime, approves subdivision

The subject of payroll, specifically relating to overtime for dispatchers, was discussed by the Saratoga Town Council during their October 17 meeting.

The town council also passed a resolution approving the final plat for Octagon Estates Phase Three, with some conditions added which were recommended by the planning commission.

Overtime Payout

The discussion regarding overtime pay for dispatchers came under a report from the Saratoga Police Department.

“Earlier in the year, shortly after I came on board, we had a discussion about overtime and there was confusion as to the way the dispatchers were being paid overtime,” said Police Chief Mike Morris. “They were actually asked to work longer than a 40 hour work week and they were compensated at a strange rate.”

According to Morris, the dispatchers for the Saratoga Police Department were required to work up to 84 hours in a 14 day period without qualifying for overtime. Morris said it wasn’t explained as to why the dispatchers weren’t paid for their overtime despite working it. One possible explanation appeared to be the rules on overtime for law enforcement officers and firefighters.

“There are some stipulations in the Fair Labor and Standards Act. Law enforcement and firemen, there’s a difference that we work more hours before we’re really entitled to overtime,” said Morris. “That wasn’t the case with the dispatchers, they were being paid inappropriately.”

In an email from February 2023 between Mayor Chuck Davis and Kylie Waldrip, legal counsel for the Town of Saratoga, Waldrip said she believed the dispatchers were in fact supposed to be paid for overtime they worked.

“There are some exceptions to that rule based on the duties and functions of the dispatchers,” wrote Waldrip. “If they are uniformed, or have the power to arrest, or training for law enforcement or investigation, that can change the dispatcher’s status for overtime.”

According to Morris, once he was notified there was an issue regarding overtime and overtime pay with dispatchers, the department changed how they scheduled dispatch.

“Unfortunately, that led us to the point where we had to go back and calculate what we owed the dispatchers who worked overtime. They were paid an hourly wage for that time, but not all of it at time-and-a-half. The town clerk was able to put this together,” said Morris. “We had to go back two years, once we realized there had been an impropriety in the way we were paying.”

Morris said it was discovered, in the two year period that had been reviewed, that a total of 976.41 hours of overtime had been worked by five dispatchers with four of them making up the bulk of the overtime which had been worked. Those hours, calculated at time-and-a-half, came out to backpay in the amount of $8,104.91

“The budget for dispatch is going to take a big hit on this,” said Morris. “We were trying to get it done before the end of the (fiscal) year, obviously that didn’t happen.”

Mayor Chuck Davis said, regardless of how it would hit the dispatch budget for the Saratoga Police Department, the overtime needed to be paid out.

“It’s something that we got to do,” said Mayor Chuck Davis. “This was rather involved for a little bit with the attorney on board.”

A motion to pay the four dispatchers their owed back pay for overtime was approved unanimously.

Octagon Zoned In

Another action item taken by the Saratoga Town Council was regarding the final plat for Octagon Estates Phase Three. Last month, the Saratoga Planning Commission had recommended approval of the final plat on a 6-1 vote. That recommendation, however, came with conditions and concerns expressed by the public.

One of the biggest concerns, which was expressed by local Randy Raymer—owner of R.G. Raymer Construction—was the lack of paving in Octagon Estates Phase One. This was a concern seemingly shared by the planning commission and by the Town of Saratoga. While there had been plenty of discussion over the final plat for phase three at the public hearing in September, there was no public comment during the public hearing held prior to the town council meeting.

“Planning and zoning also held a public hearing, prior to your public hearing. They made a recommendation that it be approved with certain conditions,” said Director of Public Works Emery Penner. “Those conditions were that assurances be put in place for the improvements. The code allows for several avenues for a developer to assure their improvements. Some of those are bonding, some of those are getting things done before it’s approved and recorded.”

Penner said he had worked with both Octagon Construction and Waldrip to determine that the bond currently in place on phase one for public improvements would continue onto phase three.

“If this is approved, we will withhold the signing and the recording of the final plat until that road is done. So no more lots will be sold or building permits issued for that third addition,” said Penner. “It gives them the go ahead that once those improvements are done it will be recorded and they can proceed.”

Additionally, until the road in the Octagon Estates subdivision has been paved, Penner said the developer would be responsible for plowing.

The agreement between the Town of Saratoga and Octagon Construction was approved unanimously, as was Resolution No. 2023-15 which accepted the recommendation of the planning commission for approval of the final plat.

The next meeting of the Saratoga Town Council will be at 6 p.m. on November 7 at Saratoga Town Hall.