One of my small towns wants to promote a reserve police officer to part-time police officer. As a reserve officer, he is uncompensated. As a part-time officer, he will be compensated for up to 30 hours per week. I understand there are special wage and hour rules for public safety officers, but that is for another day.
The problem is this: The officer was supposed to be hired in February, but the Town Board meeting was cancelled due to COVID infections. At the March meeting, the officer was promoted, but the Town Board would like to make it retroactive. My initial reaction was, why not? Then I thought about the authority of the Town Board to hire generally, which is not well defined (the Police Chief has no authority and simply recommends). It also occurred to me that the Town Board might be able to give a "signing bonus," which would avoid any questions about retroactive hiring or retroactive pay increases. Another option might be to increase the hourly compensation to cover the amount over time, but that raises the questions of how much time and would there be a pay cut at the end of that time?
I feel certain I am overlooking something. Any thoughts?
Thanks in advance!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
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