YOUNGSTOWN — A mandate to limit Youngstown police officers’ overtime to 28 hours a week didn’t last long with a city law department attorney determining the police chief’s edict violated the patrol officers’ union contract.

The union objected to the memorandum issued April 16 by police Chief Carl Davis, contending it violated three articles of its contract: mid-term bargaining, work rules and overtime call-out procedures.

After a May 15 grievance hearing, A. Joseph Fritz, a senior assistant law director, determined the first two objections from the Youngstown Police Association “were unconvincing,” but the objection to the contract’s overtime call-out procedure “appears valid,” and subsequently ruled May 27 that the grievance was valid and the mandate “should be rescinded,” according to his letter obtained Monday by The Vindicator.

Davis said the overtime mandate was rescinded May 30 “in response to the law department’s ruling. The police department will continue to find a solution that addresses both the overtime issue and maintain the safety and well-being of both our citizens and officers.”

In 2024, 15 police officers made more than $50,000 in overtime. Police overtime in 2024 was $3.25 million, up from $2.94 million in 2023.

Police overtime has been a major concern for some city council members.

Fritz wrote in his decision: “The actual application of the memo cap of weekly overtime to 28 hours creates serious confusion due to the multiple requirements in Article 24 (of the union contract) to use ‘seniority’ in the formula to determine call-out procedure. In fact, many union examples of problems raised in the memo’s application by the city had no reasonable or fair solution. The lack of clarity created significant potential for noncompliance with the” contract.

While the ranking police officers union didn’t file a grievance – and its members get much of the overtime – Fritz wrote that the 28-hour weekly restriction is lifted for the brass as well because of similar language in its contract.

Article 24, Section 6 of the Youngstown Police Association’s contract states that when unscheduled overtime opportunities are available, they are first offered to officers on the current or preceding shifts by seniority. If no officer on those shifts accepts the overtime, it may then be offered by seniority to other officers with the overtime given to the first officer accepting the overtime with whom the city is able to make contact.

If no one accepts the overtime, the least senior officer on the current or preceding shift would have to take it. Forced overtime at the city police department is rare.

City council voted last Wednesday to spend $120,000 on a performance audit of its police and fire departments to make them more efficient and effective.

City council on March 5 provided a letter to Finance Director Kyle Miasek asking him to request the state auditor review how the two departments manage their resources, including equipment and vehicles; analyze staffing levels with a focus on scheduling and overtime practices; the management of contracts; and compliance with established policies and procedures.

The request comes after The Vindicator reported Feb. 8 on the escalating overtime at the police department, particularly among ranking officers.

In a June 9 email to city council, Aaron Shaw, deputy director of the state auditor’s performance team, wrote the “performance audit will identify recommendations for improved economy, efficiency and / or effectiveness.”

The audit would take nine to 12 months from the start to complete, he wrote.

His team “will issue a final report, which will include background information, findings, recommendations and a summary of financial implications,” Shaw wrote.

The estimated cost is $120,000 with a “subsidized billing rate for local governments” of $41 an hour, Shaw wrote. That would be more than 2,925 work hours.

The audit would review five categories at the two departments, according to Shaw’s letter.

That includes reviews compared to peer and / or best practices for staffing and deployment, overtime management, fiscal management, contract management, and equipment and fleet.

In response to city council members objecting to large overtime payments to Youngstown officers, Davis issued the April 16 mandate, writing: “Effective immediately, all sworn and civilian employees serving in a safety sensitive function shall not physically work more than 28 hours of overtime per week unless extenuating circumstances exist and are given permission by the chief of police.”

He added: “Employees shall be personally responsible for not exceeding this limit and will be subject to disciplinary action if they are found to have physically worked more than 28 hours of overtime in a one-week period, beginning every Saturday and ending on every Friday.”

The restriction to 28 hours a week would have still permitted officers to work 68 hours a week. Some officers work as much as 80 hours per week.

Davis says the department’s staffing level is low largely because the city’s pay structure for officers isn’t competitive with surrounding departments, which forces overtime.

“Without a competitive pay structure, we continue to face challenges in both recruiting and retaining officers, which directly contributes to increased overtime spending,” Davis has said.

Some council members – particularly Anita Davis, D-6th Ward and a retired Youngstown police detective sergeant – have questioned the chief’s management of the department and asked why he doesn’t schedule more ranking officers to work late shifts.

The patrol union’s contract expired Nov. 30. But Fritz wrote in his letter that the two sides are operating under the terms of the old deal pending a new contract.

He wrote: “A new agreement is presently being scheduled for fact-finding / conciliation by” the State Employment Relations Board.