Section 10. Compensatory Time. The County’s current policy of compensating non exempt employees of the Sheriff’s Office, who work overtime with compensatory time, shall continue in effect for the duration of this Agreement. At any time overtime is worked, such employees will receive compensatory time at the ratio of one and one half (1 ½) hours of compensatory time for one (1) hour of overtime worked, unless the County agrees to pay (in money) said overtime hours. Accrual of compensatory time may not exceed four hundred and eighty (480) hours (three hundred and twenty (320) overtime hours worked). Any additional compensatory time in excess of the four hundred and eighty (480) hour limit will be paid. Employees will be granted the opportunity to use accrued compensatory time subject to the units estimated manpower needs and may be scheduled from time to time to take compensatory time, depending on manpower needs within a reasonable period of time of their request, if the use does not unduly disrupt the operations of the Sheriff’s office. Section 11. Effect of Binding Litigation. Both parties agree that even though the DSABC is the exclusive bargaining agent for all employees in the bargaining unit, certain Members of the bargaining unit filed a lawsuit alleging that the County Commissioners Court made a verbal commitment for a pay increase predating the voter’s approval of collective bargaining. Both parties agree that the claims in the case do not state a cause of action against the County, but both parties agree that any contingent double exposure for wages by County taxpayers in the event such claims or similar claims are reasserted must be provided for. The County’s offer and agreement to pay Law Enforcement employees in this Agreement includes in full the dollar amounts which would have been payable if a 7% pay increase for those employees had been included in the current 2005-2006 budget cycle. Therefore, it is agreed that the base wages and any additional pay provided in this Agreement is subject to offset and reduction by any amount received by a Member of the bargaining unit as a result of any judgment or decision in any other legal action or other proceeding for the same or similar claims asserted by the same or other plaintiffs in a separate suit, intervention, or other action for additional economics benefits or wages for any or all members of the bargaining unit for Bexar County. Such offset shall become effective upon payment of such final judgment and shall apply prospectively against each subsequent paycheck of each effected bargaining unit member. The parties agree that if any legal obligation is found by final judgment of a court, for 7% increase alleged, or any part or portion thereof, in the base pay of law enforcement division personnel, that such pay adjustment shall result in a dollar for dollar reduction in base pay to such employee under this Agreement.
FINAL AGREEMENT
24