Item B1 � B.1
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 30, 2020
Agenda Item Number: B.1
Agenda Item Summary #6867
BULK ITEM: No DEPARTMENT: BOCC District 1
TIME APPROXIMATE: STAFF CONTACT: Craig Cates (305) 292-3440
n/a
AGENDA ITEM WORDING: Approval of a Resolution rescinding the authorization for
emergency response work pay for employees due to the COVID19 crisis from the pay periods of
March 15, 2020 through April 11, 2020.
ITEM BACKGROUND: The County adopted an emergency pay policy under Resolution 146-
2013 that authorized pay for employees engaged in emergency response work at 1.5 time the
employee's salary in addition to earning 8 hours of administrative leave each day. The County
Administrator authorized pay under that resolution effective March 17, 2020 for emergency response
work done pursuant to the COVID19 crisis. On the April 15, 2020 meeting, the Board adopted
Resolution No. 105-2020, which limited the scope of Resolution No. 146-2013 to exclude payment
for COVID19 work for work performed from April 12, 2020 forward.
The proposed resolution would rescind the authorization for emergency response work pay for
COVID19 response work during the pay periods starting March 15, 2020 through April 11, 2020.
The resolution would authorize payment only for overtime work performed by non-exempt
employees in excess of 40 hours as provided for in the Fair Labor Standards Act.
PREVIOUS RELEVANT BOCC ACTION: On 5/15/13, adopted Resolution No. 146-2013. On
4/15/20, adopted Resolution No. 105-2020.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
DOCUMENTATION:
Commissioner Cates Resolution on prior COVID19 revised
Resolution 105-2020 COVID 19 otpay BOCC 4 15 20 (S3)
Resolution 146-2013 repealing 224 2008 Emergency Response Work BOCC 5/15/2013
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B.1
FINANCIAL IMPACT:
Effective Date: 4/30/2020
Expiration Date: n/a
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: Could save an estimated $1.5 dollars.
REVIEWED BY:
Craig Cates Skipped 04/27/2020 2:06 PM
Bob Shillinger Completed 04/27/2020 2:06 PM
Kathy Peters Completed 04/27/2020 3:12 PM
Board of County Commissioners Pending 04/30/2020 11:00 AM
Packet,Pg. 13
B.1.a
Commissioner Cates
RESOLUTION NO. -2020 2
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
RESCINDING THE AUTHORIZATION FOR EMERGENCY
RESPONSE WORK PAY FOR EMPLOYEES DUE TO THE
COVID-19 CRISIS FOR THE PERIOD MARCH 15, 2020
THROUGH APRIL 11,2020,AND DIRECTING THE CLERK
NOT TO PAY ANY EMERGENCY RESPONSE WORK PAY
EXCEPT FOR THAT OVERTIME AMOUNT WHICH AN
EMPLOYEE WOULD BE ENTITLED TO BE PAID UNDER
THE FAIR LABOR STANDARDS ACT AND OTHER
APPLICABLE LAW.
WHEREAS, the County previously adopted an emergency pay policy in Resolution No.
146-2013; and
WHEREAS, the County Administrator authorized emergency response work pay pay
under that resolution for the period March 15, 2020 until April 11, 2020; and
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WHEREAS, on April 15, 2020, the Board adopted Resolution No. 105-2020, which '2
limited the scope of Resolution No. 146-2013 to exclude payment for COVID-19 work from the
pay period starting April 12, 2020 and going forward; and
WHEREAS, according to information provided by the Clerk, the County lacks sufficient
funds to pay the costs associated with the emergency response work pay paid and/or incurred under
County policy prior to the change in policy; and
WHEREAS, according to information provided by the Clerk, Monroe County is the only
County that authorized emergency response work pay for the COVID-19 crisis; and o
WHEREAS, the County is obligated by the Fair Labor Standards Act to pay non-exempt 0
employees for time spent working beyond a 40 hour week; and
WHEREAS, it is the intent of the Board that this Resolution should not be construed in a
manner that would conflict with the Fair Labor Standards Act or any other applicable state or
federal law;
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA: v
1. Any emergency response work pay incurred due to the COVID-19 0
emergency prior to change in policy under Resolution No. 146-2013 that
took effect on April 12, 2020 shall not be paid. The policy adopted in
Resolution No. 105-2020 shall take effect on March 15, 2020.
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B.1.a
2. The Clerk is authorized to only pay overtime for those employees
deemed non-exempt under the Fair Labor Standards Act for work
performed in excess of their 40 hour week during the pay periods
extending from March 15, 2020 to April 11,2020 as set forth in Federal
and State law.
3. Paragraph 5.04 of the Personnel Policy and Procedures Manual is
amended to eliminate the option of authorizing possibility for overtime
pay `for an exempt employee who has been required to work unusually
large amounts of overtime, such as during a disaster, etc.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County
Florida, at a regular meeting of said Board held on the day of , 2020.
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Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates
Commissioner David Rice
Commissioner Sylvia Murphy ;:
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(SEAL) BOARD OF COUNTY COMMISSIONERS �.
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor Heather Carruthers
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0
0
0
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Page 2 of 2
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B.1.b
RESOLUTION NO. 105 - 2020
CD
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, SETTING POLICY FOR COMPENSATION FOR REGULAR
WORK AND PUBLIC EMERGENCY RESPONSE WORK
RELATED TO THE COVID-19 EVENT.
0
WHEREAS, Monroe County has a standing policy regarding compensation for emergency
response work in Resolution No. 146-2013; and
WHEREAS, the COVID-19 emergency has presented a number of unique challenges not
typical of other types of emergencies the County has previously faced; and
WHEREAS, a need exists to establish compensation and employment practices to address
the uniqueness of the COVID-19 emergency; and
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WHEREAS, the Board of County Commissioners now wishes to set such policies and y
practices and implement them retroactively to April 12, 2020, the start of the current
pay period.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
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1. Furloughs - Any employee whose work is suspended in its entirety shall be LO
furloughed until such time that work again becomes available. Furloughed
employees shall not be eligible for Administrative Leave compensation. Furloughed
employees perform no work and receive no earnings, but shall remain an employee
of the County while on furlough.
2. Furloughed employees may choose to apply any form of their own earned leave (i.e.
sick leave, annual leave, compensatory time, etc.) to receive pay for an amount of
time up to the amount of total earned leave. Health insurance and voluntary policies
(i.e. dental, vision, and supplemental life insurance) shall remain in effect for
furloughed employees and the employee-portion of their monthly premiums for each
shall be waived while the employee is in a furlough status until the beginning of the N
next pay period following the employee's return to work. The employer contributions LO
to a Health Savings Account (HSA) shall continue, but employee contributions to an
HSA shall be suspended unless the employee chooses to continue the contributions.
All furloughed employees shall continue to accrue sick and annual leave as if no
furlough had occurred. Furloughs are considered temporary in nature. Nothing
described herein is intended to be considered a guarantee of return to work at a
future date.
3. Partial Furloughs—Any employee whose work is partially suspended shall only be
paid for the time worked. Partially furloughed employees shall not be eligible for
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B.1.b
Administrative Leave compensation for the purpose of completing their regular
schedule and making them "whole". Partially Furloughed employees perform some N
work and receive earnings equal to the work they perform and shall retain their
previous status as an employee of the County while on partial furlough.
4. Partially Furloughed employees may choose to apply any form of their own earned 2
leave (i.e. sick leave, annual leave, compensatory time, etc.)to complete their
regular schedule and supplement their earnings up to the amount of total earned
leave. Health insurance and voluntary policies (i.e. dental, vision, and supplemental
life insurance) shall remain in effect for partially furloughed employees and the
employee-portion of their monthly premiums for each shall be waived while the
employee is in a furlough status until the beginning of the next pay period following
the employee's return to full time work. The employer contributions to a Health
Savings Account (HSA) shall continue, but employee contributions to an HSA shall
be suspended unless the employee chooses to continue the contributions. All N
furloughed employees shall continue to accrue sick and annual leave as if no
furlough had occurred. Partial Furloughs are considered temporary in nature.
Nothing described herein is.intended to be considered a guarantee of return to full
time work at a future date.
5. COVID-related Absences.- Employees who must personally be absent from work
due to one or more of the stated reasons in the Families First Coronavirus Response U
Act (FFCRA) and who are not working, shall have Administrative Leave pay applied
to the allowable absence. Administrative Leave shall serve as the form of payment to
comply with the Act. Administrative Leave shall be paid for the reasons specified in LO
the Act, and at either the full or partial rate as specified by the Act. Human
Resources shall review and approve leave under the FFCRA,just as it does with the ca
Family and Medical Leave Act(FMLA).
6. Working - Employees working (whether performing regular duties or emergency
response work) shall be paid according to the County's normal pay practices, as
described in Section 5 of the Personnel Policies and Procedures Manual regarding
Hours and Work.
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7. The provisions contained in this Resolution shall take effect retroactive to April 12, CD
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2020, the start date for the current pay period. This resolution shall remain in
effect until repealed by the Board of County Commissioners. '
8. This resolution supersedes Resolution No. 146-2013 to the extent the two are
inconsistent, for the purpose of the COVID-19 event, only. In all other respects the
terms and conditions of Resolution No. 146-2013 shall remain in full force and effect.
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B.1.b
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9. The policies and practices described herein are not intended to, nor shall they, N
supersede or conflict with any state or federal laws regarding compensation.
10.Severability. If Court of competent jurisdiction determines that any portion of
this resolution is unenforceable, the remainder of the resolution shall remain in
full force and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of the Board held on April 15, 2020.
Mayor Heather Carruthers Yes
Mayor Pro Tern Michelle Coldiron Yes
Commissioner Sylvia J. Murphy No
,CL `r�!x Commissioner David Rice Yes
�-
��� Eommissioner Craig Cates Yes
Gti : . (Attest).. w BOARD OF COUNTY COMMISSIONERS
KEVINMADOK, CLERK OF THE COURT OF MONROE CO U TY, FLORIDA
By By.
Deputy Clerk a r
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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 provideLO
response to a public emergency such as a hurricane, before, during and after the LO
event; and
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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 y
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
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governing compensation for public emergency response work; and
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WHEREAS, Resolution No. 224-2008 is hereby repealed and the policy N
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.
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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. q
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ii. Emergency Response Work: Any work performed by an y
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
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emergency response worker by both his or her supervisor and LO
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. y
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 co
employee, for the time actually worked during theCD
emergency/disaster in addition to receiving Administrative Leave N
hours for the normally scheduled work day. The County N
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.
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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.
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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.
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F. In the case of a partial County operation closing, those employees whose
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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 LU
resumes normal operations, that employee will have to utilize accrued leave CO
in accordance with the Personnel Policies and Procedures. In the absence ofCD
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 N
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
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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:
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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 ca
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 LO
"MI"column in order to make the employee "whole" for that work day. LO
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/ y
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
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.
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3. That this Resolution shall be effective as of May 15, 2013. �- CD
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Mayor George Neugent Yes v N
Mayor Pro Tern Heather Carruthers Yes co
Danny L. Kolhage Yes L M
David Rice Yes
a
Sylvia J. Murphy Yew CA N
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BOARD OF COUNTY COMMISSIONERS {
OF M NROE COU �TY, FLORID
y:
(Seal) Mayor George Neugent
s Amy H vilin, C
7le
g MONROE COUNTY ATTORNEY
Deputy Clerk A OV D AST 0 FO
YNTHIA L. H ALL
ASSISTANT OUNTY ATTORNEY
Date .__. b - 013 Packet Pg. 22