A court refuses to pay 252,000 euros for 4,000 overtime hours to the Badajoz police chief

A court in Badajoz has rejected the claim of the head of the Local Police of the Badajoz capital, Superintendent Rubén Muñoz, to charge 251,919 euros for having worked 4,000 overtime hours between 2014 and 2018, especially for the celebration of large events in the city. The Contentious-Administrative Court number 2 of Badajoz has dismissed the lawsuit filed by the police officer, considering it illegal to pay overtime to those who already have the concept of exclusive dedication included in their salary. The City Council has just raised his salary by 18,000 euros per year.

The sentence, released this Wednesday, explains that it is not possible to consider overtime those that are known in advance that they have to work, and that the exclusive dedication that is paid to the superintendent is paid, precisely, to officials who do not have a schedule concrete and yes an absolute availability. In addition, the judges emphasize that the police chief had to have delegated tasks to three other senior positions in the body. Rubén Muñoz had an assigned salary of 52,342 euros gross per year, which this year has risen to 72,430 euros, according to the newspaper Today.

The plaintiff requested to receive 875 overtime hours corresponding to the year 2014; 952 of the year 2015; another 944 extras from 2016; 874 worked in 2017, and 370 in 2018. That is, 4,015 hours at almost 59 euros per hour, which adds up to 251,919 euros. It is the equivalent of 500 eight-hour workdays or the full hours of half a year.

On January 19, the Badajoz City Council refused to pay that amount, through a decree from the Councilor for Human Resources, Hitos Mogena, from Ciudadanos. This party, on the other hand, did support including in the municipal budgets for this year the salary increase requested by Rubén Muñoz (PP and Vox also voted in favor, while Socialists and Podemos rejected the increase).

The superintendent, sentenced to pay the costs, considered that he had accumulated those alleged overtime hours for his work in events such as Police Day, a Spanish team match or various events related to the San Juan Fair, for example. But the sentence makes it clear that exclusive dedication requires the police chief “to be located quickly and easily every day of the year, including holidays” and underlines: “Those that are foreseeable in time or that are repeated are not considered overtime. cyclically”. Like, for example, the fair.

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The judges take the opportunity to remind the superintendent that he has to delegate the work, and that for that he has two mayors and four inspectors. “More than a claim for bonuses for performing overtime, what he is actually claiming is payment for performing tasks that should be carried out by other officials of the Local Police Corps,” it is alleged in the sentence, against the that there is an appeal.

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