Live Oak City Hall

More than $12,180 in overtime was paid out at City Hall for the week beginning the night of June 25, the same night Tropical Storm Debby made her presence known. More than that was actually paid in overtime expenses, however, the amount noted was paid to exempt employees, or those who otherwise would not be eligible for overtime. 


According to Section 14.06 of the city of Live Oak’s personnel policy, which went into effect in April 2005, exempt employees are eligible to receive overtime for hours worked beyond 40 hours in a week in cases of emergencies declared by the city council or the mayor. An emergency was declared for that week, so the policy kicked into place. 


However, some question that policy.


“I read the policy,” said Councilman Keith Mixon, who was sworn into office Tuesday evening. “I don’t like it. I don’t agree with it, but it has to be paid.”


During Tuesday’s city council meeting, Live Oak Mayor Sonny Nobles addressed the council concerning overtime pay for salaried city employees. According to Nobles, he found several overtime checks that had been left on his desk for signature on the morning of July 6. Nobles added that some of the checks were issued to exempt employees, or those that are not entitled to overtime pay. 
In a July 6 letter addressed to the members of the Live Oak City Council, Nobles stated that some of the checks were rather large. Two were in the thousands of dollars.


“I felt very uncomfortable authorizing payments of these checks even though policy allows for payment,” Nobles wrote.


“I have heard on several occasions in meetings that exempt employees are not required to work 40 hours a week as long as they get the job done,” Nobles wrote. “Furthermore, we have been told that these employees work whatever hours are necessary to get the job done.”


During his address to the council, Nobles stated that he felt the employees should be compensated for the time worked.


“They have performed in exemplary manner during this time and I think they should get it,” Nobles added.


District 4 City Councilman Adam Prins, who was elected city council president during Tuesday’s meeting, agreed the overtime should be paid, based on the way the policy is written. However, Prins took issue with the policy.


“While I think the amount being paid out is ridiculous, it is in accord with the current policy,” Prins said by phone Thursday. “The policy will be reviewed and hopefully changed at the July 24 recessed meeting.”


District 1 City Councilman John Yulee shared the sentiment of Prins and Mixon in stating the policy must be looked at right away.


Councilman Bennie Thomas said he didn’t have a problem paying the overtime so long as it was warranted. 
Live Oak City Administrator Bob Farley, who received an overtime check for $4,407.93, stated, “Salaried people are being paid for over 40 hours. If they didn’t work over, they’re not getting paid,” Farley said.


Section 14.06 of the policy also states that final approval of overtime shall be by the city administrator, or in this case, Farley. 


“During a declared emergency, many of our exempt employees perform duties which they normally do not perform during their ‘normal’ day-to-day jobs and since many employees are working 24/7, a supervisor is required,” Farley told the Democrat by email Thursday, noting that exempt employees are those with supervisor positions.


“If the city had to fill these positions so overtime was not required and they only work say 50 hours, you would have to hire an additional staff and pay their salaries when they are not required during normal operations,” Farley said.


Although the council approved payment of the salaried overtime, Live Oak City Finance Director Jan Parkhurst was directed to review all overtime that had been submitted and ensure the accuracy of those hours submitted.


Newly sworn in Councilman Jacob Grantham said that he definitely thinks the overtime policy should be looked into.


Mixon noted that while FEMA dollars may reimburse the city for the overtime pay, that is not the issue for him and would like to go back and visit the policy as soon as possible.
 Prins suggested the council hold recessed meetings over the next couple of months to receive updates on the ongoing recovery from Tropical Storm Debby and add the overtime policy as an agenda item for review.