Debate over director job role updates

Moorcroft’s council amended a number of job requirements for department heads at last week’s meeting, with differing reactions.

Police

Beginning with the police chief’s position, Bill Bryant will be required to be available for backup and administrative calls and will also be obliged to provide the governing body with a written schedule for his officers as well as himself once a month for perusal and approval.

Councilman Dale Petersen lead this discussion with the example, “I would like to be able to sit down and say, ‘you know what, you’re putting in 50 hours a week – why are we patrolling Sunday, at 10 at night?... Explain to us. That’s an accountability piece… We have an obligation and a responsibility of oversight.”

This approach was not well received by Councilman Austin Smith, who is concerned that this increased management could lead to the council becoming involved in the actual scheduling, when, “That’s why we have department heads.”

Petersen agreed with the concern, “I totally agree, I’m not going to sit here and tell Bill I’m going to make a schedule up, but we should have the ability to question [overtime] and if I don’t have the schedule in front of me, how do I question that?”

An overview of the exceptional working conditions was also discussed and amended to spell out the nature of police work.

Public Works

Cory Allison, department head for Public Works, spoke adamantly regarding the amendment for his position, discussing compensation for the work he does.

“Obviously, you guys don’t think I do enough... I’m 50% of the time at work and probably do more than that… I’m on call on the weekend so every call out, every time the phone rings, it comes through me first,” he said.

“In the month of January,” recalled Allison, “There were 28 call outs, five from the fire hall, 15 from the MTC and ten for water shut offs and freezes. Every one from the fire hall was at 3 in the morning. I’m not asking for compensation on this and now you’re wanting me to work a weekend, be on call during the week and not get extra pay on this. I’m not okay with that.”

“Obviously,” the director continued, “by the way you wrote this out and the way you talk, you think I just come in and set all day and I don’t do anything on the weekends.”

Allison recalled for the council a recent weekend call.

“When I was on the wrestling here, I took like ten calls on the MTC that day; one of them, I sat in the hospitality room with her for 30 minutes while I had kids out there, wrestling. I don’t get paid for any of that, but I still answer the phone every single time.”

With this question of compensation brought up by Allison, Town Attorney Patrick Carpenter was asked to explain to the governing body and department heads the difference between a salaried and an exempt employee by federal law.

“Exempt employees are exempt from the overtime rules of the FLSA. Federal law says that if you work more than 40 hours a week, you have to get paid overtime pay unless you are an exempt employee,” he said.

“There are several factors that qualify you as an exempt employee, the most critical ones being that you are a supervisor or you have supervisory and administrative ability and number two, you are on a salary compensation schedule…If you meet all these qualifications, the employer does not have to pay the employee overtime pay.”

Allison falls under this status.

Emergency responders are not under this section of the law so the chief is not under this exemption, according to Carpenter.

Petersen then discussed the usefulness of the director of public works covering the on-call work during one of the rotating weeks (Monday-Monday) along with the three current crewmen.

Concern was expressed by Glenn and Petersen regarding the entire week on call for the director; however, this shortened duty would create a problem with the crewman following Allison so the schedule was set for the entire week.

Allison, when asked his opinion, said, “I think I’m getting royally screwed and I’ll tell you right now, I’m not going to sign it.”

With Allison responsible for all incoming calls, he does not believe he should be put on a schedule as he dispatches the incoming calls at all hours anyway.

Councilman Bob Stewart asked if the director was trying to dictate to the council what he was going to work and what he wasn’t going to work. “Cory, you are paid by the tax payers, we are elected officials.”

Petersen explained the work schedule for the director as opposed to the 10-hour, four days a week schedule under which the department has been working.

“If you look at the prior job descriptions, they all said eight hours, Monday through Friday. I put in an alternate work schedule [to be] approved by the town council. Allison is free to propose an alternative schedule for himself…the employees are covered differently.”

Petersen assured Allison that these adjustments are not only for the current heads, “This is for anybody who may come down the road here.”

These changes will not take effect until March 1, allowing everyone involved to adjust their positions accordingly.