Resolution 148-2020 RESOLUTION NO. 148-2020
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. 146-2013.
WHEREAS, County policy regarding compensation for County employees working in
response to a public emergency has heretofore been set forth 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 or return expeditiously to the County to 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
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
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;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
I. Monroe County Resolution No. 146-2013 is hereby repealed in its entirety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 may
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/her designee has authorized wherever any emergency or disaster, as
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those terms are defined in F.S. 252.34, requires the cessation or
modification of regular work. Administrative Leave is used only to provide
income to employees with no work available.
ii. Emergency Response Work: Any work performed by an Authorized
Employee due to a disaster or other emergency, when such 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.
iii. Authorized Employee: An employee who is approved as an emergency
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 normal operations in only one part of
the County. Once activated by the County Administrator or his/her designee, the terms of
this resolution may continue for up to a maximum of three weeks. The County
Administrator shall notify each Commissioner immediately after he activates the pay plan
authorized by this resolution,based on their availability. If the duration of the emergency
extends beyond three weeks,the County Administrator may re-activate this resolution on a
week-by-week basis after independently notifying each Commissioner, based on
availability, of the Administrator's intent to re-activate the policy set forth in the resolution.
C. The Monroe County BOCC Personnel 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 and not expected to perform work for a period of time, 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 any inability to appear at the worksite.
Employees should stay close to media information, email, and/or telephone/text messaging
in order to obtain information regarding County operations resuming. Employees should not
rely solely on media information.
Administrative Leave pay will be stopped for an employee who fails to report to work as
requested by supervisor, Department Head, Assistant County Administrator, County
Administrator, or Emergency Management Director. 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 (Personnel Policies
and Procedures Manual Section 7.04 -Notification of Absence).
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D. Pav Rates:
Administrative Leave Pay:
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.
Emergency Response Work Compensation Rates:
1) All Authorized Employees, both exempt and non-exempt, other than emergency
temporary employees,who perform Emergency Response Work will be compensated
at time and one half their regular hourly rate for time actually worked doing Emergency
Response Work, up to the length of their normal/regular workday (this may vary depending
upon employees typical hours worked per day or shift).
2) All Authorized Employees, both exempt and non-exempt, other than emergency
temporary employees, who perform Emergency Response Work longer than their regular
workday will be compensated at two times their regular rate for time that exceeds their
regular workday. Time worked on additional shifts and beyond hours of the employee's
regular workweek will be compensated at two times their regular rate of pay.
Regular work performed during an emergency:
I. An employee who performs regular job duties, that could have been postponed until
after the activation of this resolution 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.
2. Regular duties performed during a time of emergency, that must be performed in
furtherance of the County to meet its responsibility to protect the health, safety, and welfare
of the public, shall be considered Emergency Response Work and paid accordingly: time and
one half of the employee's regular hourly rate for time actually worked, up to the length of
their normal workday; two times the employee's regular rate for time in excess of their
regular workday;two times the employee's regular rate for time worked on additional shifts
in excess of the regular workweek.
E. After the activation of this resolution ends, exempt and non-exempt Authorized Employees
who continue to perform Emergency Response Work will be compensated at their regular
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rate of pay for their regular working hours, regardless of whether performing Emergency
Response Work or Regular Work.
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 emergency response
compensation for the time actually worked during the emergency/disaster. The County
Administrator or his/her designee may approve, on a case by case basis, compensation
at emergency response work compensation rates for additional emergency response/disaster
recovery work performed outside of the period this resolution is activated.
G. This resolution may apply to a worksite or some part of the County, such as in the case of
a localized emergency. 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 paid
according to this resolution.
H. Employees on sick leave, personal leave or vacation on a day when emergency
closings occur, are charged with such leave as was scheduled up until the time
when this resolution is activated and Administrative Leave is 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.
I. Any employee who earns emergency response pay under this Resolution, who wishes to
waive their claim to emergency response pay shall be allowed to do so. Employees must
fill out a waiver form indicating their intent to waive payment and provide that form along
with their timesheet each pay period that reflects emergency response work performed
while this resolution is activated. The Human Resources Department shall make available
the optional waiver form to be provided with timesheets.
1. The policies and practices described herein are not intended to, nor shall they, supersede or
conflict with any state or federal laws regarding compensation.
K. 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.
L. Timesheets:
a. Timesheets must reflect ACTUAL hours worked in the "IN" and "OUT"
columns.
b. Physical working hours for that day performing regular duties that
could have been postponed until after the emergency must be
reflected the "RG"column.
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c. Physical working hours for that day spent on Emergency Response Work
during the employee's regular work shift must be recorded in the "ERI"
column.
d. Physical working hours for that day spent on Emergency Response Work
that extend beyond the employee's regular work shift must be recorded in
the "ER2"column.
e. For employees who do not perform work, 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.
f. "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 reimbursement from federal funds, etc.; additional time recording
on other paperwork may also be required.
g. 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 emergency, the Human Resources department
will provide, and update as necessary, a list to payroll of Department
Directors authorized to validate timesheets.
M. These instructions may be amended and/or supplemented by further resolution.
N. This Resolution shall be effective upon adoption.
O. This resolution shall continue in effect unless rescinded or modified by subsequent
resolution of the Board. The County Administrator is directed to place an item on the
Board's agenda to review this policy between January and March of every odd numbered
year so the newly elected Board can review and revise this policy, if desired,prior to
hurricane season. Nothing herein shall prevent a Board from reviewing and revising this
policy at any time.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 20'h day of May, 2020.
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Mayor Heather Carruthers Yes
Mayor Pro Tem Michelle Coldiron Yes
Commissioner Craig Cates No
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COU iTY,FLORIDA
I
BY:
May He r Carruthers
(SEAL)..,
ATTEST: KEVINMADOK,CLERK
By: 1 ww
As Deputy Clerk _
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NET$-SHILLINGER,JR.
COUNTY ATTORNEY
osw May 29, 2020
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