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Liberty County tables handbook change on paying overtime to election workers, asks Texas AG for opinion
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Summary
The Liberty County Commissioners Court on April 28 tabled a proposed amendment to the employee handbook that would pay overtime for election work when a holiday or office closure falls in the week, seeking an Attorney General opinion before deciding. The clerk and legal staff sparred over whether state rules and the secretary of state allow counting holiday hours toward overtime.
Liberty County commissioners on April 28 paused a proposed change to the county employee handbook that would pay time-and-a-half for county employees who work elections beyond a 40-hour week when a holiday or emergency closure occurs.
The amendment, introduced for immediate effect by county staff, would require overtime for county employees who work election duties beyond their regular schedules and direct that overtime be paid from election funds with the approval of the county’s elections official. The clerk’s office said elections are paid from a separate fund and that workers who volunteer for election duties are currently paid from election funds and tracked separately.
Why it matters: Commissioners said the change could expand overtime eligibility and potentially affect payroll, benefits and contract rules; legal counsel warned the court that state and federal law — and secretary of state reimbursement rules — may limit how the county counts hours for election pay.
At the meeting the county clerk described the operational arrangements: election workers and some county employees who volunteer for elections are paid from a dedicated elections payroll that the clerk’s office maintains, with hours tracked by sign-in and spreadsheets. The clerk said, “Elections are its own thing, and elections should be kept separate from everything else we do,” adding that the county has historically paid election overtime out of dedicated election funds rather than commingling it with general payroll. The clerk also said many of the people who staff elections volunteer and that the office uses a separate payroll to ensure correct reimbursement from the secretary of state or contracting entities.
County Attorney Matthew told commissioners the proposed change was not legally required and that it was a policy decision for the court. He summarized the legal concern bluntly: “There is no evidence that there's any requirement under law to pay overtime in this instance. So this is — that's why I'm emphasizing — this is a policy choice.” Counsel and commissioners debated whether holiday or office-closure hours should be included in the 40-hour calculation for overtime when the employee’s election work is otherwise a separate function.
Several commissioners raised practical questions about funding and tracking. One commissioner asked whether elections funds had sufficient balance to cover any additional overtime; the treasurer’s office said it could confirm sufficiency. Commissioners also asked how the county tracks hours for temporary poll workers versus county employees who volunteer for elections and whether workers’ compensation or other liabilities would be affected.
Outcome and next steps: After an extended legal and policy discussion, Commissioner Bruce moved to table the handbook amendment and to request a formal opinion from the Texas Attorney General on the legal questions raised. The court approved the motion to table pending the AG opinion; the clerk’s office and county attorney were directed to provide additional analysis and legal memorandum for a future meeting.
The court did not adopt the handbook amendment at the April 28 meeting; the item is expected to return after staff and counsel present the AG opinion and any recommended contract or policy language.
