Resolution 146-2013RESOLUTION NO. 146 -2013
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, REVISING POLICY FOR COMPENSATION
FOR PUBLIC EMERGENCY RESPONSE WORK
AND REPEALING RESOLUTION No. 224 -2008.
WHEREAS, County policy regarding overtime or other compensation for
County employees working in response to a public emergency when non - essential
employees are allowed administrative leave has heretofore been set forth in the
County's Administrative Instructions and by Resolution of the Board of County
Commissioners; and
WHEREAS, it is important to the welfare of the residents of and visitors to
Monroe County to encourage employees to remain in the County to provide
response to a public emergency such as a hurricane, before, during and after the
event; and
WHEREAS, equal treatment for public emergency response between
personnel previously characterized as essential and non - essential and required or
asked to work in response to a public emergency will maintain a good morale in
personnel previously considered essential; and
WHEREAS, definition and clarification is required to facilitate the
accounting for, and payment of, emergency response work; and
WHEREAS, the Board of County Commissioners of Monroe County did
adopt Resolution No. 415 -2005 on November 16, 2005 setting forth policy
governing compensation for public emergency response work; and
WHEREAS, Resolution No. 224 -2008 is hereby repealed and the policy
governing compensation for public emergency work is hereby revised;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
1. Monroe County Resolution No. 224 -2008 is hereby repealed in its entirety
and replaced with the following.
2. The following policy shall apply to public emergency response and
compensation for such work, other than for employees covered by union
contracts which govern their compensation and persons hired as temporary
on -call emergency disaster employees.
A. Definitions. For purposes of this resolution, the following words and
phrases shall have the definitions provided herein.
i. Administrative Leave: Leave (with pay at an employee's regular
rate of pay for regular working hours) which the County
Administrator or his designee has authorized. The leave applies
only to an employee's regular working hours during the time that
the Administrator or his designee has authorized the leave.
Administrative leave is awarded to make an employee whole for a
workday when the employee's regular work may be suspended
due to some disaster or emergency. Administrative leave will
apply to County staff for any event requiring cessation of regular
work.
ii. Emergency Response Work: Any work performed by an
employee during the time period that administrative leave is
authorized due to a disaster or other emergency and which work
is performed in furtherance of the duties of the County to protect
the health, safety and welfare of the public against the cause of
the disaster or other emergency.
iii. Authorized Employee: An employee who is pre- approved as an
emergency response worker by both his or her supervisor and
Division Director, as well as either the County Administrator or
Deputy Administrator. An employee deemed an authorized
employee but who performs duties which could have been
postponed until after the administrative leave has ceased shall
only be paid at his or her normal rate of pay. Administrative
Leave shall be granted for the remaining hours in order to make
the employee "whole" for the normal scheduled work day.
iv. Exceptions: All employees, other than temporary on-
call emergency disaster employees, who work due
to an emergency /disaster and are not recognized in this Resolution
may be approved by the County Administrator or his designee for
compensation at time and a half of their regular rate of pay either
in the form of salary or compensatory time off, at the option of the
employee, for the time actually worked during the
emergency /disaster in addition to receiving Administrative Leave
hours for the normally scheduled work day. The County
Administrator or his designee may approve, on a case by case
basis, compensation at time and a half of their normal rate of pay
or $24.00 per hour, whichever is greater, either in the form of
salary or compensatory time off, at the option of the employee, for
additional emergency response /disaster recovery work performed
outside of the granted Administrative Leave time period.
B. Only by authorization of the County Administrator or his designee will the
County cease operations due to an emergency /disaster. The Administrator's
or designee's declaration of cessation of normal County operations shall set
forth the areas affected by the closure if there is to be a cessation of
operations in only part of the County.
C. Employees questioning their responsibilities during the time of disaster or
emergency should contact their supervisor or department head to be sure
that they are fulfilling their responsibilities.
D. Authorized employees who have volunteered their assistance at the EOC
and been approved for emergency /disaster work by their supervisors,
Division Director, and Administrator or Deputy Administrator will be contacted
by Emergency Management as needs arise.
E. All authorized employees, other than emergency temporary
employees, who perform emergency response work during the period of
Administrative Leave will be compensated at time and a half of their regular
rate of pay or $24.00 per hour, whichever is greater, either in the form
of salary or compensatory time off, at the option of the employee, for the time
actually worked in addition to receiving Administrative Leave hours for the
normally scheduled work day.
F. In the case of a partial County operation closing, those employees whose
worksite (not residence) is in the area where the closing occurs shall be
granted Administrative Leave.
G. In severe emergency /disaster situations where an employee is granted
Administrative leave, it is the responsibility of the employee to establish
contact with his /her supervisor if there is any doubt about when to return to
work and /or to report an inability to appear at the worksite. Employees should
stay close to media information and /or telephone in order to obtain
information regarding County operations resuming. Employees should not
rely solely on media information.
H. If an employee, for any reason, does not return to work when the County
resumes normal operations, that employee will have to utilize accrued leave
in accordance with the Personnel Policies and Procedures. In the absence of
accrued leave, the employee will take leave without pay. It is the employee's
responsibility to notify his or her supervisor if unable to report to work (PPP
Section 7.04 - Notification of Absence).
I. When a partial or full -day closing is authorized, the following pay practices
apply:
i. Employees, both exempt and non - exempt, are granted administrative
leave if they do not perform emergency response work. Such employees are
compensated at their regular rate of pay for the hours they were scheduled to
work up until 12pm midnight for each day granted. Administrative Leave
shall be granted for those hours not worked in order to make the employee
"whole" for the normal scheduled work day. It is not meant as a means of
awarding overtime to an employee.
ii. All authorized employees who perform emergency response work
during the time that administrative leave is authorized for personnel at their
normal worksite, are compensated at time and a half of their regular rate of
pay or $24.00 per hour, whichever is greater, either in the form of salary
or compensatory time off, at the option of the employee, for the time
actually worked during the emergency /disaster in addition to receiving
Administrative Leave hours for the normally scheduled work day.
iii. Employees on sick leave, personal leave or vacation on a day when
emergency closings are charged with such leave as was scheduled up until
the time when the Administrative Leave was granted.
J. Timesheets:
i. Timesheets must reflect ACTUAL hours worked in the "IN" and "OUT"
columns.
ii. Normal /physical operating working hours for that day must be reflected
the "RG" column.
iii. Administrative leave time granted until the end of the normally
scheduled workday (up to midnight of each day) must be reflected in the
"MI" column in order to make the employee "whole" for that work day.
iv. Authorized employees who work during the time administrative leave is
granted will mark the actual hours worked during the administrative leave
in the "OT" column for overtime or in the "CA" column for comp time
accrued.
v. "Total hours" for that day worked directly relating to the disaster/
emergency must be recorded in the "Comments" column of the
timesheet in order for the County to obtain proper reimbursement from
federal funds, etc.
K. These instructions may be amended and /or supplemented by further
resolution. In such cases, additional information shall be provided by
Employee Services and the County Administrator.
3. That this Resolution shall be effective as of May 15, 2013
Mayor George Neugent
Mayor Pro Tern Heather Carruthers
Danny L. Kolhage
David Rice
Sylvia J. Murphy
(Seal)
,6s vilin, Cle F
B.
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF M NROE COU TY, FLORID
By:
Mayor George Neugent
MONROE COUNTY ATTORNEY
A OV D AS O FO
YNTHIA L. H ALL
ASSISTANT�OUNTY ATTORNEY
Date __ ,2 b;2 013