Firefighters, EMTs To Get $123K Payout

Shenandoah County’s Policy Change Leads To Reimbursement

Posted: February 23, 2013

WOODSTOCK — As a result of a change in policy, career firefighters and rescue workers in Shenandoah County will soon receive $123,000 in compensatory pay accrued over 10 years.
 
Firefighters and EMT rescue workers will no longer build up comp time but instead be paid directly in overtime pay.
 
“It stays on the books until you use it, so it just becomes this never-ending cycle of subtracting some, but then getting more comp time than they could ever use,” said Melisa Michelsen, an attorney with the Harrisonburg law firm of Litten & Sipe. “Our suggestion was to stop it now, pay what is owed and just go to a straight overtime system.”
 
At a work session Feb. 7, the Board of Supervisors was briefed on the details of the balance owed to 31 county employees. Michelsen helped explain the legal aspects of the change.
 
In August, the board approved a change that no longer allows firefighters to amass comp pay. Instead, they will be paid immediately in overtime at a rate of time and a half.
 
“This is not additional [pay], this is money the employees are owed,” said County Administrator Doug Walker.
 
Normally, employees are not paid the balance until they end their service.
 
Michelsen said there is no legal obligation for the board to pay out the balance now, but because the employees cannot continue to collect comp time, her recommendation is that the board pay it as soon as possible.
 
The recommendation came after an overhaul last year of the personnel policies and procedures handbook. 
 
Before the change, firefighters and EMT workers were required to first use a bank of 480 hours of comp time before they would get paid overtime. For example, if they worked eight hours over a shift, they would get 12 hours of comp time, not overtime, unless they had reached the 480-hour limit.
 
Michelsen made clear that the switch was not in response to anything Shenandoah County had done wrong. Other localities such as Frederick and Henrico counties faced problems in years past under the same statute.
 
“They weren’t paying their firefighters appropriately under the act. This is not the same issue,” Michelsen said. “Shenandoah County has been properly paying all along and giving comp time.”
 
The appropriation will go before the board at its next meeting on Tuesday. Supervisors meet at 7 p.m. in the board room of the Shenandoah County Government Center in Woodstock.
 
Contact Kaitlin Mayhew at 574-6290 or kmayhew@dnronline.com