Item C02 C.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: C.2
Agenda Item Summary #4666
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Pam Pumar(305) 292-4459
Bulk
AGENDA ITEM WORDING: Approval of a resolution to repeal Resolution No. 146-2013 and
revise policy for compensation for public Emergency Response Work.
ITEM BACKGROUND: Approval of a Resolution defining compensation and administration
thereof for employees who work in response to a publicly declared emergency, such as a hurricane.
The County most recently updated these compensation practices in 2013 (Resolution 146-2013).
The application of Resolution 146-2013 during the Hurricane Irma response identified the need to
again update our policies and practices.
Summary of changes included in today's Resolution:
- Sets the method of compensation as pay only; removes the option for employees to choose
compensatory time.
- Adds that employees who do not return to perform emergency response work, as assigned, shall
have their Administrative Leave pay terminated effective the date they were instructed to return;
these employees who then return after their instructed return date, but still within the period of
Administrative Leave, shall have their Administrative Leave pay reinstated effective on the date
of their return to work.
- Simplifies pay administration by setting the rate for all emergency response work at time and one
half the employee's normal rate of pay, and removing the $24.00 per hour minimum. (The
County's current alternative minimum wage is $15.69 per hour/$23.54 at time and a half.)
- Adds Department Heads and other designees to the list of positions who may authorize
employees to perform emergency response work under this resolution and authorize associated
employee time cards.
PREVIOUS RELEVANT BOCC ACTION: On May 15, 2013, the BOCC directed staff to
revise said resolution and compensate essential emergency workers at time and a half of their normal
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C.2
rate of pay or $24.00 per hour, whichever is greater; Resolution 146-2013.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
SECOND REVISED 4/9/19 KP FOR BCOOK: 2019 Resolution - Compensation for Emergency
Response Work
Resolution 146-2013
Other Employer Emergency Pay Comparison
Resolution Change Summary (002)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs: 1.5 x Regular Rate
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
None
REVIEWED BY:
Bryan Cook Completed 04/02/2019 11:49 AM
Assistant County Administrator Christine Hurley Completed
04/02/2019 12:43 PM
Cynthia Hall Completed 04/02/2019 1:01 PM
Budget and Finance Completed 04/02/2019 1:48 PM
Maria Slavik Completed 04/02/2019 2:48 PM
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C.2
Kathy Peters Completed 04/02/2019 3:11 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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C.2.a
RESOLUTION NO. _ - 2019
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE .2
COUNTY, FLORIDA, 11L ifSfiG POLICY FOR COMPENSATION FOR PUBLIC
EMERGENCY RESPONSE WORK AND REPEALING RESOLUTION No. 144-2014.
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WHEREAS, County policy regarding overtime or other compensation for County
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employees working in response to a public emergency has heretofore been set forth by U)
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 or return expeditiously to the County to E
provide response to a public emergency such as a hurricane, before, during and after
the event, as needed; and
WHEREAS, definition and clarification are required to facilitate the accounting for, and
payment of, emergency response work compensation; and
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WHEREAS, the Board of County Commissioners of Monroe County did adopt
Resolution No. 146-2013 on April 26, 2013 setting forth policy governing
compensation for public Emergency Response Work; and
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WHEREAS, the Board of County Commissioners now wishes to revise and replace
Resolution 146-2013 in order to revise the policy governing compensation for public
Emergency Response Work;
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
a.
1. Monroe County Resolution No. 146-2013 is hereby repealed in its entirety and
replaced with the following.
2. This policy shall apply to public emergency response and compensation for such
work, other than for employees covered by union contracts which govern their W
compensation and persons hired as temporary on-call emergency disaster >
employees.
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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/her designee
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C.2.a
has authorized wherever any emergency or disaster, as those terms are defined in
F.S. 252.34, requires the cessation or modification of regular work in order to allow
the employee to perform Emergency Response Work.
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ii. Emergency Response Work: Any work performed by an Authorized Employee
due to a disaster or other emergency, w h e n s u c h work is performed in
furtherance of the duties of the County to protect and restore the health, safety
and welfare of the public against the cause of the disaster or other emergency.
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iii. Authorized Employee: An employee who is approved as an emergency 0.
response worker by his/her Department Director, the County Administrator or
Assistant County Administrator.
B. Only by authorization of the County Administrator or his/her designee will the County
cease normal operations due to an emergency/disaster. The Administrator's or
designee's declaration of cessation of normal County operations shall set forth the
geographic areas affected by the closure if there is to be a cessation of operations in only
part of the County.
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C. The Monroe County BOCC Policies and Procedures Manual and the Monroe County
Disaster Preparedness Employee Plan describe expectations for employees to maintain
contact with their supervisor and report to work during times of public emergency.
Employees questioning their responsibilities during the time of disaster or emergency
should contact their supervisor or Department Director to be sure that they are
fulfilling their responsibilities. 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 U
to media information and/or telephone in order to obtain information regarding County
operations resuming. Employees should not rely solely on media information.
Administrative Leave pay will be suspended for employees who fail to report to work as
assigned; if such an employee later reports to work during the period of authorized
Administrative Leave, Administrative Leave pay will be reinstated beginning upon return to
work. Employees who fail to report to work as assigned may also face further disciplinary
action. In any case, it is the employee's responsibility to notify his/her supervisor if
unable to report to work (PPP Section 7.04 -Notification of Absence).
D. All Authorized Employees, other than emergency temporary employees, who perform 0
Emergency Response Work during the period of Administrative Leave will be compensated W
at time and a half of their regular rate of pay in the form of salary for the time actually
worked doing Emergency Response Work in addition to receiving Administrative Leave
hours for the normally scheduled workday. An employee who is deemed to be an
Authorized Employee but who instead performs regular duties that could have been
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C.2.a
postponed until after the Administrative Leave has ceased ("Regular Duties") shall only be
paid at his/ her normal rate of pay for those hours in which the Regular Duties are
performed. Administrative Leave shall be granted for the remaining hours in order to
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make the employee "whole" for the normal scheduled work day.
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E. After the period of Administrative Leave ends, exempt and non-exempt Authorized
Employees who continue to perform Emergency Response Work will be compensated at
their regular rate of pay for their regular working hours, regardless of whether performing 0.
Emergency Response Work or Regular Work. Emergency Response Work performed in
addition to their daily regular working hours will be compensated at time and a half.
F. All employees, other than temporary on-call emergency or disaster employees, who
work due to an emergency/disaster and are otherwise not recognized in this Resolution
may be approved by the County Administrator or his/her designee for compensation at
time and a half of their regular rate of pay for the time actually worked during the
emergency/disaster in addition to receiving Administrative Leave. The County
Administrator or his/her designee may approve, on a case by case basis,
compensation at time and a half of their normal rate of pay for additional emergency 0
response/disaster recovery work performed outside of the granted Administrative Leave
time period.
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G. 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.
H. When a partial or full-day closing is authorized, the following pay practices apply: U
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 11.59 pm 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 exempt and non-exempt authorized employees who perform
emergency response work during the time that Administrative Leave is
authorized, are compensated at time and a half of their regular rate of pay, U
for the time actually worked during the emergency/disaster in addition to
receiving Administrative Leave hours for the normally scheduled work
day. E
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
Packet Pg. 335
C.2.a
the Administrative Leave was granted. An employee's accrued leave shall not be
charged during an emergency closure unless the employee fails to report to work as
assigned per Section C above. g
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I. Timesheets:
a. Timesheets must reflect ACTUAL hours worked in the "IN" and "OUT"
columns.
b. Normal (regular duties)/physical operating working hours for that day must be
reflected the "RG" column.
c. Administrative leave time granted until the end of the normally 0.
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.
d. Authorized employees who work on disaster related tasks during the
time administrative leave is granted will mark the actual hours worked
during the administrative leave in the "OT" column for overtime. E
e. "Total hours" for that day worked directly relating to the disaster/
emergency and an emergency project identifier (i.e. EMG/HURR,
storm name, project number) must be recorded in the "Comments"
column of the timesheet in order for the County to obtain proper U)
reimbursement from federal funds, etc.; additional time recording on other
paperwork may also be required.
f. The County Administrator or his/her designee, Assistant County
Administrator, or authorized Department Director of an Emergency
Response Worker may authorize timesheets that include compensation
described herein. For each declared emergency, the Human Resources
department will provide, and update as necessary, a list to payroll of
Department Directors authorized to validate timesheets.
J. These instructions may be amended and/or supplemented by further resolution.
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2. That this Resolution shall be effective upon adoption,,
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Mayor Sylvia J. Murphy
Mayor Pro Tern Danny L. Kolhage
Commissioner Michelle Coldiron
Commissioner David Rice
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
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RESOLUTION 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 U
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
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WHEREAS, Resolution No. 224-2008 is hereby repealed and the policy
governing compensation for public emergency work is hereby revised; U
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.
Packet Pg. 338
C.2.b
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 E
Division Director, as well as either the County Administrator or 2
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 o n -
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.
Packet Pg. 339
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 E
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. U
H. If an employee, for any reason, does not return to work when the County C14
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
Packet Pg. 340
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"
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columns. 0.
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 2
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/ g
emergency must be recorded in the "Comments" column of the
timesheet in order for the County to obtain proper reimbursement from
federal funds, etc. F
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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. C14
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3. That this Resolution shall be effective as of May 15, 2013. �-
Mayor George Neugent Yes
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Mayor Pro Tern Heather Carruthers Yes
Danny L. Kolhage Yes L
David Rice Yes
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Sylvia J. Murphy yeS CA
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BOARD OF COUNTY COMMISSIONERS
OF M NROE COU TY, FLORID
By: 5
(Seal) Mayor George Neugent
AM6s-T7Amy H vilin, Cle F
g MONROE COUNTY ATTORNEY
Deputy Clerk A OV D AS O FO
YNTHIA L. HALL
ASSISTANT OUNTY ATTORNEY
Date .__ - 013 Packet Pg. 341
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