Following an unprecedented increase in spending, El Paso County Sheriff Oscar Ugarte was asked to cease unauthorized overtime and identify funding sources for budget transfers from within his office – requests by the Commissioners Court that have not yet been fulfilled.
A Sept. 15 letter from El Paso County Judge Ricardo Samaniego on behalf of the Commissioners Court highlights ongoing concerns about the fiscal management of the Sheriff’s Office budget and outlines action items Ugarte needs to address.
“While the Commissioners Court appreciates the operational demands placed upon your department, the financial impact on the County requires immediate attention and renewed collaboration,” the letter states.
The letter, obtained by El Paso Matters, was sent to Ugarte as the Sheriff’s Office is expected to end the fiscal year Sept. 30 with a deficit of about $6 million largely driven by overtime spending at the two county jails.
The letter was first sent to Ugarte in April when a special meeting was held to review overtime spending, which has more than doubled at the county jails since Ugarte took office in January 2025 despite a 10% drop in the average daily jail population.
“Since receiving the County Judge’s letter in April, we have worked to reduce overtime. We understand the County’s financial policies and take its budget concerns seriously. But as we have repeatedly explained, we cannot eliminate overtime entirely while safely operating two detention facilities and meeting our responsibility to public safety,” Ugarte said in an emailed statement to El Paso Matters.
Samaniego did not immediately respond to requests for comment.
The immediate action items listed in the letter were to cease all unauthorized overtime unless it is pre-funded through an approved budget amendment by the Commissioners Court, identify funding sources for any proposed budget transfers and specify which Sheriff’s Office accounts the funds would come from, and to strictly adhere to county financial policies. None have been fulfilled, according to the letter.
The sheriff was also to provide overtime reports to include the names of the individuals compensated and their ranks, as well as their tasks assigned during overtime and where the work was performed. That request has also not been fulfilled.
Ugarte said the Sheriff’s Office is compiling the data requested in the latest letter.
“Our daily jail rosters show employee call-ins, who is working overtime and how many overtime hours are paid. Much of the information about our staffing needs has also been shared with commissioners and County Administration during our meetings,” Ugarte said in the statement.
The letter also asks Ugarte to meet with the county attorney and a member of county administration to address overtime and budgetary concerns no later than Oct. 1.
County Attorney Christina Sanchez said she and assistant county attorneys provide advice on any legal questions on items that may arise about budget matters.
RELATED: El Paso County adds millions to sheriff budget as jail overtime concerns persist
The Sheriff’s Office also did not work with the Budget and Finance Department as requested to draft a budget amendment needed in order for Commissioners Court to address overtime needs for the remainder of the fiscal year.
The Sheriff’s Office had a $3 million overtime allocation for the current fiscal year, which was increased to about $6.6 million in January through a budget transfer approved by the Commissioners Court.
But overtime expenditures have exceeded even that.
Budget and Finance Director Carmen Arrieta-Candelaria said the funding to cover the deficit will come from county contingencies as well as salary and operational savings from other departments and areas. The Commissioners Court reviews year-end budget adjustments over the next three months.
“We are currently projecting an overall surplus due to higher than budgeted revenues and lower than expected expenses,” Arrieta-Candelaria said in an email response to El Paso Matters.
Aside from the law enforcement operations, Ugarte is charged with overseeing the Downtown Detention Facility and the El Paso County Jail Annex on the Far Eastside.
The Commissioners Court approves the Sheriff’s Office budget, but does not have purview over how Ugarte operates his department as an elected official.
The Commissioners Court asked about the status of the overtime reports during the Sept. 14 meeting where the budget for the next fiscal year was adopted.
Patrick Gailey, chief deputy of the county’s detention bureau, said the Sheriff’s Office is having an issue running the reports because of the way overtime is coded in the department. He said if an officer from patrol works overtime at the jail it is not differentiated in the system. He added that the office is working to find a solution.
The letter also requested Ugarte or his staff attend Commissioner Court meetings.
Ugarte has not attended a meeting in person since April; instead, Gailey has been attending meetings to answer questions about the jail overtime.
“The Sheriff or designated staff must be present at regular agenda meetings to justify proposed amendments in person. Status: Fulfilled via staff presence,” the letter states.
Ugarte has fulfilled some of the requests in the letter, such as having bi-weekly meetings with county budget and administrative staff, and helping select an outside consultant to analyze the Sheriff’s Office staffing.
On Monday, Ugarte addressed the Commissioners Court virtually during the discussion about his office’s budget while he was out of town at a previously scheduled Major County Sheriffs of America Annual Training Conference in Milwaukee, Wisconsin.
“I understand your concerns regarding the Sheriff’s Office budget, and as sheriff, I take responsibility for the decisions being made within the Sheriff’s Office. But also, with that responsibility comes the responsibility of supporting my staff, giving them the right resources, the right staffing levels, so they can serve this community,” Ugarte said during the meeting.
Ugarte requested more staffing at the start of the fiscal year, but the Commissioners Court denied it as the county has not allowed departments to hire new staff over the last two fiscal years due to budget constraints. Departments have been allowed to fill vacancies.
At Ugarte’s request, the county allocated about $1.1 million for an independent staffing assessment for the Sheriff’s Office. Ugarte has said he based his jail staffing needs on command staff assessments of their sections when he took office.
“I believe this assessment will show that the Sheriff’s Office needs help, that we are understaffed, but we continue to work with county departments that have requested information regarding the Sheriff’s Office and operations to get through this hurdle,” Ugarte said.
Commissioners expressed concerns, but said they are all working together to find solutions.
“I hope the community does realize we’re not in an adversarial relationship. We just sort of figure out (that) we have to do something about it, and we have to come together,” Samaniego said during the meeting.
The post Commissioners Court letter demands ‘immediate action’ by sheriff on overtime spending appeared first on El Paso Matters.
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