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Barbour County Commission approves $40 hourly pay for deputies on ADOC contraband interdiction project after debate
Summary
After debate about a Sheriff-modified agreement and overtime calculations, the Barbour County Commission voted 5–2 to pay deputies $40 per hour for work on the Alabama Department of Corrections contraband interdiction project; county staff warned the higher rate may change how overtime is calculated under federal rules.
The Barbour County Commission voted 5–2 on March 10 to pay deputies $40.00 per hour for work performed under the Alabama Department of Corrections (ADOC) Contraband Interdiction Project, after a discussion about a Sheriff-presented contract modification and potential overtime-pay implications.
Commissioner Eric Pomeroy moved to authorize the $40 rate, and Commissioner Karen Collins seconded. The roll call vote was recorded as: Commissioner Rachel Smith — yes; Commissioner Jason Bennett — no; Commissioner Frances Shipman — yes; Commissioner Eric Pomeroy — yes; Chairman Jerry McGilvray — no; Commissioner Karen Collins — yes; Commissioner Stan Adams — yes. The motion carried 5–2.
County Administrator Raye Ann Calton cautioned commissioners that adopting a different hourly rate for project work could affect overtime calculations. She referenced 29 C.F.R. §778.11, explaining that "when an employee works at two or more rates in a pay period, the regular wage is the weighted average of those rates. Overtime is then calculated on the blended rate." The Commission discussed whether the Sheriff’s modified agreement — presented to commissioners immediately before the meeting — had been reviewed by county attorneys; County Attorney Walter Calton said he had not seen the modified document.
Sheriff Smith told the Commission he had not submitted the 2025 or 2026 contracts to ADOC because "he was not satisfied with the deputies being paid regular overtime and wanted $40.00 per hour to be paid to the deputies, with the remaining $10.00 going to the County to cover costs." The minutes note the Commission chose to proceed with the previously approved and signed MOU that had been adopted on Jan. 13, 2026, and that the new pay-rate motion was limited to authorizing a $40 per hour pay rate for deputies on the project.
The vote to set the $40 hourly rate was the only action in the meeting that drew recorded dissent; several commissioners and staff discussed legal and payroll implications before the roll call. The Commission did not approve a separate, Sheriff-modified contract during the meeting. Members did not specify a start date for the new pay rate in the minutes.
The Commission handled other routine business during the meeting, including procurement awards and personnel actions. The meeting adjourned following the recorded votes.
