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Three Rivers city officials buy vehicle, equipment, discuss overtime
by Rita Arnst
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Three Rivers aldermen gathered for their regular scheduled meeting on Tuesday, Oct. 13, and voted to buy a 2009 Ford F250, ¾-ton pickup for $21,279 for the Maintenance, Construction, and Repair (MCR) department.

Originally, city officials had considered buying a 2008 GMC Sierra ½-ton pickup for $15,400. Director of Public Works Rocky Mendez said, “The pickup has a small dent on the fender but it is still under warranty.” Alderman Rey Trevino said it would be better to go with the newer, more expensive pickup because it had a better towing capacity. Discussion ensued as to whether the city needed the towing capacity. Mayor James Liska asked, “Do we need to tow; do we use it a lot?” Mendez said, “Well, our existing ¾-ton has been in and out of the shop.” A question was brought up about a bigger truck requiring more fuel. Trevino said, “We don’t care about the fuel. I don’t think we should be using taxpayers’ money to pay for a pickup with a dent.”

Alderman Sally Rodriguez said, “I bet Carlos [Garcia] at Stanley’s could get the dent fixed on the ½-ton before we buy it.” However, the other aldermen voted to go with the ¾-ton pickup. At that, City Secretary Rosie Forehand said rather than have the city buy her a new car as well, she would drive her current vehicle a while longer. “I will feel funny about driving around in a new $12,000 car. I will wait and see if a vehicle comes into impound that I can use.” Aldermen agreed to table the issue of a new car for Forehand. “If a vehicle comes into the Three Rivers impound, let’s look at it right away for Rosie [Forehand],” Liska said.

Aldermen voted to approve the cost for equipment for the gas department pending price. “I was handed a quote from Heath Consultants on calibrating our old gas detection machine or buying a new one. Presently we own the DP3 detection system and it needs to be calibrated at $85 an hour with a minimum 3 hours. Calibration is only done in Houston and I am not sure the truck it is in can make the trip,” Mendez said.

“A new DPR4 handheld system can be incorporated with the other unit. They gave me a quote for the new system of $5,600. Then they said it would be $7,100,” Mendez said.

However, Heath Consultants had sent a dated, written bid of $5,600 that was good for 30 days. Alderman Sammy Garcia said, “It’s my understanding in two years we will have to switch over [to the new system]; let’s see if they will honor the original bid. Rocky [Mendez], check on the price and we can give the mayor the authority to approve it.” Aldermen voted to approve the gas department expenditures and went on to the issue of overtime.

Liska said, “When we set weekend pay amount what is happening is someone takes a day off during the week and we have to call someone in and they are not getting time and half because he is being called out. I don’t know where the council wants to head with this.” City Attorney Harry J. Schulz Jr. said, “Remember now we are talking about 40 hours in a seven-day week; anything after that you have to pay overtime. There was something that the council did sometime ago [July 2009] where the personnel policy was amended if someone had weekend duty they are paid time and half for time actually worked. What that meant was that there were people who didn’t work 40 hours during the week but worked on weekends and they were paid overtime and that is fine but that is not overtime. However, if you already worked 40 hours and then you work on weekends, then it would be overtime.”

“What about callouts during the week? If they feel they have an obligation and feel they should work when they come out on their day off, I think they should get overtime,” Liska said.

“You all have the power to set the pay as long as it complies with federal minimum and as it stands right now, the employee that works on the weekend may not work 40 hours during the week but they get overtime on the weekend thanks to the graciousness of the city council. But don’t call it ‘overtime’ because it may or it may not be. Federal law is calculated on seven days,” Schulz said.

More discussion ensued as there seems to be at least one employee who allegedly takes advantage of the current guidelines and calls in sick, thereby working less than 40 hours during the week and then they are paid overtime for Saturday and Sunday because they are scheduled to work the weekend. Another employee that has less than 40 hours “actually worked” because of a holiday yet is asked to come in on their day off (Saturday or Sunday) is only paid regular time because they were not scheduled to work.

“Mr. Mayor, I would suggest that you allow Rosie [Forehand], Rocky [Mendez] and me look into these different situations and see if we need to change our policy. All we are required to do is comply with federal law,” Schulz said.

Aldermen agreed to table the employee overtime agenda item; however, Rodriguez added, “as long as it is done in a timely manner.”

In other city council news, aldermen approved minutes from the last regular meeting and the two special meetings dated Sept. 14, 23 and 28. They also approved accounts payable for September.
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