Item C1 � C.1
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys � � � ������]�j Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
^_,
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 8, 2020
Agenda Item Number: C.1
Agenda Item Summary #6894
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
n/a
AGENDA ITEM WORDING: Approval of a resolution of the Monroe County Commission
establishing a policy to allow employees an option to waive emergency response work pay earned
between March 17, 2020 and April 11, 2020 during the County's response to the COVID-19
pandemic.
ITEM BACKGROUND: Between March 17, 2020 and April 11, 2020, County employees
performing emergency response work were eligible for additional pay under the terms set forth in
Resolution 146-2013. That policy was amended by Resolution 105-2020 effective April 12, 2020.
Some employees have expressed a desire to waive their claim to extra pay earned during those four
weeks. The Board directed the County Attorney to prepare such a policy.
Courts have held that when a public officer or employee has received less pay than that individual
was due under the law in effect at the time of payment, those funds should remain in the treasury
subject to future claim by that officer and employee. In response to that line of cases, the Legislature
has adopted statutes allowing public officers the option to reduce the amount of pay due to them.
Those statutes did not include employees within their scope.
This resolution would establish a policy that would enable County employees who earned
emergency response work pay from the time Resolution 146-2013 was involved on March 17, 2020
until the policy was changed effective April 12, 2020 with the option of waiving their claim for that
extra pay. The resolution includes a waiver form prepared by the Human Resources Department and
County Attorney.
The resolution and waiver form would allow an hourly employee who worked in excess of 40 hours
during any work week during the time period in question to receive the overtime pay (1.5 times
normal wage) for those hours under the Fair Labor Standards Act. The draft resolution proposes a
deadline for employees wishing to waive their extra pay to submit written waivers by 5 pm on
Monday, May 11, 2020 to the Human Resources Department. This deadline would provide
employees with ample time to make their decision and give certainty to the Clerk on which
timesheets to process.
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C.1
The policy set forth in this resolution is specific to the COVID19 pay earned under Resolution 146-
2013 during the 4-week period of March 15, 2020 until April 11, 20202. The County Attorney's
intention is to incorporate similar language for other emergency response work in the forthcoming
proposed resolution to revise the emergency response work pay resolution that the Board has
directed staff to prepare.
PREVIOUS RELEVANT BOCC ACTION: On 5/15/13, the Board adopted Resolution 146-2013
establishing pay policy for emergency response work; on 4/15/20, the Board adopted a specific
emergency response pay plan for COVID19 work that was effective 4/12/2020; on 4/30/2020, the
BOCC directed the County Attorney to draft a copy under which County employees could waive
their claim to emergency response work pay.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution Establishing Policy for Waiver of Emergency Response Pay
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: never
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: n/a If yes, amount: n/a
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details: Policy would have a positive fiscal impact only but the amounts cannot be
determined until the deadline to executive a waiver has passed.
Possible positive impact
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C.1
REVIEWED BY:
Bob Shillinger Completed 05/04/2020 12:35 PM
Bob Shillinger Completed 05/04/2020 12:35 PM
Purchasing Skipped 05/04/2020 12:14 PM
Budget and Finance Skipped 05/04/2020 12:33 PM
Maria Slavik Skipped 05/04/2020 12:14 PM
Kathy Peters Completed 05/04/2020 12:46 PM
Board of County Commissioners Pending 05/08/2020 11:00 AM
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C.1.a
RESOLUTION NO. -2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ESTABLISHING A POLICY TO ALLOW EMPLOYEES AN
OPTION TO WAIVE EMERGENCY RESPONSE WORK PAY
EARNED BETWEEN MARCH 17, 2020 AND APRIL 11, 2020,
DURING THE COUNTY'S RESPONSE TO THE COVID-19
PANDEMIC.
WHEREAS, Monroe County's emergency response compensation Resolution No. 146-2013
was activated March 17, 2020 and deactivated on April 11, 2020, and; y
WHEREAS, employees earned time and a half their regular hourly rate or $24 per hour,
whichever was greater for time spent working on COVID-19 activities plus administrative pay, a
and;
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WHEREAS, Monroe County's policy on compensation has been revised for the COVID-19 y
pandemic in Resolution No. 105-2020, and;
WHEREAS, some employees have expressed a desire to waive their claim to earnings accrued
as emergency response pay, and;
WHEREAS, the Clerk, in his constitutional role as County Comptroller, has not issued
supplemental pay to those employees who earned emergency response work pay under Resolution Lu
No. 1.16-2013; and
WHEREAS, the Supreme Court of Florida has held' that when a public officer or employee
receives less pay than that individual was due under the law in effect at the time of payment,those
funds should remain in the treasury subject to future claim by that officer or employee; and
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WHEREAS, the Legislature resolved this issue for elected County Officers when it enacted
Chapter 2011-158, Laws of Florida,z which allows County Officers to voluntarily reduce their
pay but that law does not cover County employees; and
WHEREAS,no current method exists to allow County employees to waive their earnings; and Lu
WHEREAS, the Board now wishes to establish such a policy whereby County employees can
affirmatively waive any claim they have to emergency response work pay under Resolution 146- y
2013 for COV ID 19 response work performed between the date when the emergency response
1 See,State ex.rel.Perkins v. Lee, 194 So.315(Fla. 1940);see,also, 160 A.L.R.490.
2 Now codified at F.S. 145.031(Commissioners) F.S. 145.041(Clerk/Comptroller); F.S. 145.071(Sheriff);F.S. 145.09
(Supervisor of Elections; F.S. 145.10(Property Appraiser)and F.S. 145.11 (Tax Collector).
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C.1.a
work pay plan established under 146-2013 was invoked and the end of the pay period ending on
April 11, 2020.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
1. Any employee who earned emergency response pay under Resolution No.
1 46-2013,between March 17,2020 and April 11,2020,who wishes to waive
their claim to these earnings shall be allowed to do so.
0.
2. Employees must fill out the attached form indicating their intent to waive
payment and provide that form to the Human Resources Department no later y
than 5 p.m. on Monday, May 11, 2020. The attached waiver form is
incorporated into this resolution as Exhibit A.
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3. The policies and practices described herein are not intended to,nor shall they, W
supersede or conflict with any state or federal laws regarding compensation.
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4. Severability. if a Court of competent jurisdiction determines that any portion
of this resolution is unenforceable, the remainder of the resolution shall c
remain in full force and effect.
5. This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a special meeting of the Board held on the 81h day of May, 2020.
Mayor Heather Carruthers
Mayor Pro Tern Michelle Coldiron
Commissioner Craig Cates
Commissioner David Rice
Commissioner Sylvia Murphy 0.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA n
(SEAL)
ATTEST: KEVIN MADOK, CLERK
BY:
By: Mayor Heather Carruthers
Deputy Clerk
Moom COUP ATTORNEY
ID Page 2 of 2
S.SHIL LINGER.JR.
A
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C.1.a
BOARD OF COUNTY COMMISSIONERS
County of Monroeviys
Mayor Heather Carruthers,District 3
The Florida Keys Mayor Pro Tem Michelle Coldiron,District?
Craig Cates, District I
i 1 David Rice.District 4
Sylvia J. Murphy,District 5
CJ
EMPLOYEE WAIVER OF EMERGENCY RESPONSE PAY
0
0.
The BOCC passed a resolution allowing any employee to voluntarily waive their personal claim to
emergency response pay earned under Resolution 146-2013, during the County's response to the y
COVID-19 pandemic, between March 15, 2020 and April 11, 2020.
1 earned emergency response pay as described above and hereby waive my claim to all such
compensation except that which I may be due under the Fair Labor Standards Act if I am a non-exempt
employee.
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Department: y
Name:
Signature:
Date:
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0
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EXHIBIT
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