Ellsworth finance panel agrees to draft narrow ordinance to formalize police management overtime

The Finance Committee on Feb. 2 agreed to direct staff to draft a narrow ordinance that would codify a long‑standing local practice of allowing police management to take patrol and dispatch shifts and receive additional pay when those duties fall outside their normal management responsibilities.

Legal counsel John Hamer told the committee he had reviewed federal guidance and found that a Department of Labor regulation permits exempt managers to be paid for performing duties that are not part of their ordinary exempt role. "If that chief then is called out and then is required to go and and man up a hose on a fire ... then it is permissible," Hamer said, recommending a written policy to set limits and conditions.

Police presenters and union representatives told the committee the practice has helped staffing and morale during vacancies. A police speaker reported that, for 2025, "myself, the chief, and the captain covered 27 patrol shifts and 26 dispatch shifts," and said the average additional cost to the city was about "$155.28 per shift" compared with forcing a line officer to cover the shift. Union leadership and on‑duty supervisors said they had not heard substantial opposition from rank‑and‑file officers.

Several council members urged caution about broad, across‑the‑board rules that could create fairness issues for other 24/7 departments such as public works and fire — where managers sometimes perform operational duties — and asked staff to provide cost comparisons with hiring new officers. One councilor argued department‑by‑department review would be preferable to a single policy.

Committee members agreed to keep the policy narrowly focused on police management overtime for now. The committee asked finance staff to produce a cost estimate and asked legal counsel to draft ordinance language and guardrails (limits on number of shifts, reporting, and when the hourly supplement applies). The item will return to a future council meeting and workshop for consideration.