Resolution 108-2020 RESOLUTION NO. 108 -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 II, 2020,
DURING THE COUNTY'S RESPONSE TO THE COVID-I9
PANDEMIC.
WHEREAS, Monroe County's emergency response compensation Resolution No. 146-2013
was activated March 17, 2020 and deactivated on April I I, 2020, and;
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,
and;
WHEREAS, Monroe County's policy on compensation has been revised for the COVID-19
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
No. 146-2013;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
WHEREAS, the Legislature resolved this issue for elected County Officers when it enacted
Chapter 2011-158, Laws of Florida,2 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
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-
2013 for COVID19 response work performed between the date when the emergency response
'See,State are!.Perkins v.Lee,194 So.315(Ha.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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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:
I. Any employee who earned emergency response pay under Resolution No.
146-2013,between March 17,2020 and April 11,2020,who wishes to waive
their claim to these earnings shall be allowed to do so.
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
than 5 p.m. on Friday May 15 , 2020. The attached waiver form is
incorporated into this resolution as Exhibit A.
3. The policies and practices described herein are not intended to,nor shall they,
supersede or conflict with any state or federal laws regarding compensation.
4. Severability. If a 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.
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 8'6 day of May, 2020.
Mayor Heather Carruthers Yes
5 c Mayor Pro Tem Michelle Coldiron Yes
rr �„ Commissioner Craig Cates Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Absent
tit ac
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN Y,FLORIDA
(SEAL)
ATTEST: KEVIN MADOK,CLERK
BY:
By: ayo eather Carruthers
as De uty Clerk
1101610E
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E.MILLINER.J
Or rimer
County of Monroe q - BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
The Florida Keys A , Mayor Pro Tom Michelle Coldiron.District 2
1— Craig Cates,Disrict I
David Rice,District 4
Sylvia J. Murphy,District 5
EMPLOYEE WAIVER OF EMERGENCY RESPONSE PAY
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
COVID-19 pandemic, between March 15,2020 and April 11, 2020.
I 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.
Department:
Name:
Signature:
Date:
EXHIBIT
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