Nueces County sets framework to use ARPA dollars for premium pay for jail and law-enforcement staff
November 03, 2021 | Nueces County, Texas
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The Nueces County Commissioners Court agreed Nov. 3 on a framework to distribute American Rescue Plan Act (ARPA) premium pay to certain employees who worked in high-exposure roles during the COVID-19 emergency.
The court approved applying premium pay to straight hours worked for bargaining-unit employees in the Sheriff's Office and eligible correctional cadets at 20%, with payroll taxes and covered benefit costs applied to ARPA funding. Court materials and consultant Hagerty advised that Treasury guidance caps premium pay eligibility and imposes a 150%-of-state-average annual-wage constraint in some cases; the court directed staff to pursue waivers when needed and to cover any small deltas from other available funds should a waiver be denied.
On the cap, the court accepted the Treasury limit that no individual may receive more than $25,000 in total premium pay under the program. Court discussion acknowledged vacancies in the Sheriff's workforce would reduce the full theoretical maximum cost; county finance staff estimated a working figure in the low millions rather than the highest estimates if vacancies are considered. Hagerty and county auditors will finalize payroll coding, tax treatment and implementation timelines; staff estimated work could begin in mid-December so payments could be made by year-end, with retroactive adjustments to Oct. 1 to preserve timeliness.
Sheriff's Office representatives attended and confirmed support for the action; a representative told the court the association and sheriff's leadership had been part of the consultations. The court directed county auditors and outside consultants to prepare payroll implementation plans, confirm benefit calculations, and produce a roster of eligible employees with activity documentation before disbursement.
The court also set separate motions for premium-pay rules for other county employees who performed direct-contact duties (for example, staff who worked inside the jail but not in the bargaining unit) and for other county departments beginning Jan. 1 under a 10% premium-pay floor; those details, thresholds and verification requirements will return to the court for formal approval once auditors and Hagerty provide required lists and cost estimates.
The court approved applying premium pay to straight hours worked for bargaining-unit employees in the Sheriff's Office and eligible correctional cadets at 20%, with payroll taxes and covered benefit costs applied to ARPA funding. Court materials and consultant Hagerty advised that Treasury guidance caps premium pay eligibility and imposes a 150%-of-state-average annual-wage constraint in some cases; the court directed staff to pursue waivers when needed and to cover any small deltas from other available funds should a waiver be denied.
On the cap, the court accepted the Treasury limit that no individual may receive more than $25,000 in total premium pay under the program. Court discussion acknowledged vacancies in the Sheriff's workforce would reduce the full theoretical maximum cost; county finance staff estimated a working figure in the low millions rather than the highest estimates if vacancies are considered. Hagerty and county auditors will finalize payroll coding, tax treatment and implementation timelines; staff estimated work could begin in mid-December so payments could be made by year-end, with retroactive adjustments to Oct. 1 to preserve timeliness.
Sheriff's Office representatives attended and confirmed support for the action; a representative told the court the association and sheriff's leadership had been part of the consultations. The court directed county auditors and outside consultants to prepare payroll implementation plans, confirm benefit calculations, and produce a roster of eligible employees with activity documentation before disbursement.
The court also set separate motions for premium-pay rules for other county employees who performed direct-contact duties (for example, staff who worked inside the jail but not in the bargaining unit) and for other county departments beginning Jan. 1 under a 10% premium-pay floor; those details, thresholds and verification requirements will return to the court for formal approval once auditors and Hagerty provide required lists and cost estimates.
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