MEMORANDUM
TO: Delaware Law Enforcement Agencies
FROM: Kimberly Chesser, Director
Delaware Office of Highway Safety
RE: OHS Overtime Enforcement Pay Rate Policy
Urgent Notice Please Read
DATE: May 24, 2022

It is with extreme disappointment that I must notify you that we are suspending project agreements effective June 1st, 2022 for law enforcement agencies receiving a flat rate of $65.00 per hour for the Delaware Office of Highway Safety (OHS) overtime traffic safety enforcement pay rate.

As you are aware, our funding for the OHS overtime traffic safety enforcement comes from the National Highway Traffic Safety Administration (NHTSA). OHS was advised notified by NHTSA at the end of last week that there are concerns that this practice does not comply with the Federal Super Circular, and we must stop this practice effective June 1st.

You may continue to work any OHS jobs through May 31st for project agreements that are in place but for any existing project agreements, you cannot work OHS jobs beginning June 1st. We will not be issuing any new project agreements with a flat rate of $65.00 per hour until NHTSA provides clear guidance to OHS on how to proceed. This directive includes DRE agreements, they too must discontinue after 5/31/22 until further notice.

Although we have had the flat rate in place for many years, there is new attention on this and OHS was advised by NHTSA that they need to take swift action and cannot allow OHS to continue with this practice. Please know that we are diligently working through this issue to obtain clear guidance on how to proceed and want to resolve this as quickly as possible.

OHS values the partnership we have with law enforcement and your efforts to protect the public. Your enforcement efforts contribute to our mission to save lives by preventing injuries and fatalities due to traffic crashes. We are disappointed with this recent change and are disheartened that we were not given more time to resolve this. It is with sincere regret that we are notifying you with such short notice.

Also, to address the overtime issue, we need the pay job, overtime sections of your Management, Labor agreements. Please email John Horsman the information or advise that your agency does not have an agreement. If you have an overtime policy, please also send that. The sooner we get this information the sooner we can effectively counter this NTHSA directive.

# # #