Lewes police officers will be paid overtime for all hours worked through the end of 2020, as per a compromise struck between the police union and city officials.
The police department’s contract, which was negotiated by General Teamsters Local 326 on behalf of officers, states that all time worked during a state of emergency shall be paid at the overtime rate of time-and-a-half for the duration of the emergency. The city paid officers overtime from March 12 through May 17 before stopping because the city’s legal counsel did not interpret a prolonged state of emergency due to a worldwide pandemic as the intended reason for overtime pay. The Teamsters filed an unfair labor practice claim against the City of Lewes with the Delaware Public Employment Relations Board June 9. The case was being held in abeyance while the two sides attempted to work out their differences. They had a deadline of Aug. 10 before the case was to move ahead.
Mayor Ted Becker said the city has agreed to pay the overtime rate retroactively to May 18 and continue to pay the overtime rate until Dec. 31. If the state of emergency is still in effect Jan. 1, 2021, officers will receive regular pay for all normal hours worked.
“This agreement brings closure to the unfair labor practice claim and provides certainty for the city to make the necessary budgetary adjustments,” Becker said.
City Manager Ann Marie Townshend said the estimated cost is $239,000. The city had already paid $49,000 in overtime through May 17; it will pay about $60,000 in back pay to officers, with an estimated $130,000 to be paid if the state of emergency lasts until the end of the year.
The city will apply for reimbursement for these expenses under the conditions outlined in the CARES Act, Becker said.
The city currently has 12 officers, including Police Chief Tom Spell and Lt. James Azato; however, the top two officers have their own contracts with the city and were not involved in the dispute.
Lewes Police Department’s shop steward for the union is Sgt. James Locklear. He said his officers are satisfied with the outcome.
“The City of Lewes and the officers in the department worked together to come to a mutually acceptable resolution which will keep the city solvent in a time of crisis while showing appreciation for the officers that have put themselves and their families in harm’s way during the pandemic,” Locklear said. “We were pleased that both sides worked toward financial stability and fairness.”