Special counsel Carolyn Lerner told the panel that AOU shouldn’t be needed for desk jobs (it’s designed to allow CPB officers to respond to law enforcement matters beyond their normal shift) but it’s difficult to determine specific instances of abuse.
OSC issued a report on November 1 estimating that improper claims of AUO cost up to $9 million a year at six DHS offices identified by whistleblowers – while the total amount of annual AUO abuse throughout DHS is unknown.
OSC said thousands of DHS employees routinely file for AUO, claiming up to two hours a day, nearly every day, even in headquarters and training assignments where no qualifying circumstances are likely to exist.
The hearing could accelerate changes with DHS policies on AUO and affect workforce management. Rep. Chaffetzrecently introduced the Border Patrol Pay Reform Act of 2013, which would create a more consistent pay system. Companion legislation was introduced in the Senate.
Legislation could be needed – Lerner noted that the CBP acknowledged the problem over five years ago but has done little about it.
The bills would allow Border Patrol Agents to choose among three pay schedules and work either 100 hours (20 hours of overtime), 90 hours (10 hours of overtime), or 80 hours (no overtime) per pay period, and the format has support from the National Border Patrol Council.
