Item J2 � J.2
� � �, 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
May 20, 2020
Agenda Item Number: J.2
Agenda Item Summary #6920
BULK ITEM: No DEPARTMENT: BOCC District 1
TIME APPROXIMATE: STAFF CONTACT: Amanda Leggett (305) 292-3400
n/a
AGENDA ITEM WORDING: Approval of a Resolution rescinding Resolution 146-2013 and
establishing a new policy for compensation for emergency response work.
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 for an effective
rate of 2.5% of the employee's normal pay. The County has addressed the policy for responding to
COVID19 when it adopted Resolution No. 105-2020 on April 15, 2020. This Resolution would
rescind Resolution 146-2013 and establish a revised the emergency response work pay policy for
other disasters going forward.
The proposed resolution would revise the County's policy for emergency response work to pay
hourly employees classified as non-exempt under the Fair Labor Standards Act at a rate of 1.5% of
the employee's normal rate of pay but would eliminate the additional payment of 8 hours of
administrative pay for those employees. The proposed resolution would eliminate any extra pay for
salaried employees considered exempt under the FLSA.
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:
Cates Resolution Rescinding Resolution 146-2013 and Establishing new Emergency Response Work
Pay Policy
Resolution 105-2020 COVID 19 otpay BOCC 4 15 20 (S3)
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J.2
Resolution 146-2013 repealing 224 2008 Emergency Response Work BOCC 5/15/2013
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:
Bob Shillinger Completed 05/05/2020 6:16 PM
Kathy Peters Completed 05/05/2020 7:21 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
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J.2.a
0
RESOLUTION NO. - 2020 a
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
RESCINDING RESOLUTION 146-2013 AND 2
ADOPTING A REVISED POLICY FOR c
COMPENSATION FOR EMERGENCY RESPONSE WORK
CL
WHEREAS, County policy regarding overtime, or other compensation for County c
employees working in response to a public emergency when non-essential employees are allowed y
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
E
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
WHEREAS, definition and clarification is required to facilitate the accounting for, and T
payment of, emergency response work; and 2
w
WHEREAS, the Board of County Commissioners of Monroe County, Florida did adopt
Resolution No. 146-2013 on May 15,2013 setting forth policy governing compensation for public
emergency response work; and
WHEREAS, Resolution No. 146-2013 authorizes payment of time and a half for an
employee's normal salary while performing emergency response work during a period of
Administrative Leave in addition to receiving Administrative Leave hours for the normally
scheduled work day, resulting in a total payment of two and a half times an employee's normal
salary; and
WHEREAS,the two and half times normal pay authorized under Resolution No. 146-2013
is more generous than the emergency pay provisions of other local governments in the Florida
Keys, which only authorizes time and a half, and
c
WHEREAS,the Board finds that it is in the best interest of the County to revise the policy
governing compensation for emergency response work as set forth in Resolution No. 146-2013, by
a)eliminating the eligibility for Administrative Leave for those employees who are working during
an emergency and b) limiting any additional pay for emergency response work to only hourly
employees classified as non-exempt under the Fair Labor Standards Act.
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY: y
1. Monroe County Resolution No. 146-2013 is hereby rescinded in its entirety and replaced
with the policy set forth below.
2. Public Emergency Response and Compensation Policy. 2
0
0.
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. 0
A. Definitions. For purposes of this resolution, the following words and phrases shall
have the definitions provided herein. 0
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. T
2�
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
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emergency.
iii. Authorized Employee: An employee who is classified as non-
exempt under the Fair Labor Standards Act and 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
Deputy Administrator. An employee deemed an authorized
employee but who performs duties which could have been N
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 workday. y
iv. Exceptions: All employees classified as non-exempt under the Fair
Labor Standards Act, 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
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C
their regular rate of pay for the time actually worked during the
emergency/disaster. 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 wages or compensatory time off, at the option
of the employee, for additional emergency response/disaster
recovery work performed outside of the granted Administrative g
Leave time period. ac.
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 0
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. y
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.
E
D. Authorized employees who have volunteered their assistance at the EOC and been LU
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 2
perform emergency response work during the period of Administrative Leave will w
be compensated at time and a half of their regular rate of pay or $24.00 per hour,
whichever is greater, for the time actually worked.
cv
F. Any employee classified as exempt under the Fair Labor Standards Act shall not be
eligible to receive additional compensation for emergency response work beyond
his or her salary under this policy.
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. 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.
I. If an employee, for any reason, does not return to work when the County 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
Page 3 of 5
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C
his or her supervisor if unable to report to work (PPP Section 7.04 -Notification of
Absence).
J. 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 2
work. Such employees are compensated at their regular rate of pay 0
for the hours they were scheduled to work up until 12pm midnight
for each day granted. Administrative Leave shall be granted for c.
those hours not worked in order to make the employee "whole" for
the normal scheduled workday. It is not meant as a means of
awarding overtime to an employee.
0
ii. All authorized employees who perform emergency response work
during the time that administrative leave is authorized for personnel
at their normal worksite, are compensated at time and a half of their
regular rate of pay or $24.00 per hour, whichever is greater for the
time actually worked during the emergency/disaster. E
w
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.
T
K. Timesheets:
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 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 c
in the "MP' column in order to make the employee "whole" for that
workday.
iv. "Total hours" for that day worked directly relating to the
disaster/emergency must be recorded in the "Comments" column of
the timesheet in order for the County to obtain proper
reimbursement from federal funds, etc.
0
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.
3. That this Resolution shall take effect as of May 20, 2020.
E
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J.2.a
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, y
Florida at meeting of the Board held on the 20t' day of May 2020.
Mayor Heather Carruthers �?
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates 0
Commissioner David Rice CL
Commissioner Sylvia Murphy CL
0
BOARD OF COUNTY COMMISSIONERS y
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: KEVIN MADOK, CLERK
BY:
By: Mayor Heather Carruthers
Deputy Clerk
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J.2.b
RESOLUTION NO. 105 - 2020
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. y
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 E
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
0
WHEREAS, the Board of County Commissioners now wishes to set such policies and
practices and implement them retroactively to April 12, 2020, the start of the current y
pay period.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT: N
LO
1. Furloughs - Any employee whose work is suspended in its entirety shall be
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.
0
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
CD
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
LO
next pay period following the employee's return to 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 furloughed employees shall continue to accrue sick and annual leave as if no y
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
1
Packet Pg. 2294
J.2.b
Administrative Leave compensation for the purpose of completing their regular
schedule and making them "whole". Partially Furloughed employees perform some
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.
0
4. Partially Furloughed employees may choose to apply any form of their own earned
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 y
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 0
employee is in a furlough status until the beginning of the next pay period following E
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 >
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 U
due to one or more of the stated reasons in the Families First Coronavirus Response
Act (FFCRA) and who are not working, shall have Administrative Leave pay applied
CD
to the allowable absence. Administrative Leave shall serve as the form of payment to
LO
comply with the Act. Administrative Leave shall be paid for the reasons specified in
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
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.
U
7. The provisions contained in this Resolution shall take effect retroactive to April 12,
2020, the start date for the current pay period. This resolution shall remain in LO
effect until repealed by the Board of County Commissioners.
c
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.
2
Packet Pg. 2295
J.2.b
9. The policies and practices described herein are not intended to, nor shall they,
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 Tem Michelle Coldiron Yes E
Commissioner Sylvia J. Murphy No
� � Commissioner David Rice Yes .�
ommissioner Craig Cates Yes
(Attest),; w BOARD OF COUNTY COMMISSIONERS
KEVIN , DOK, CLERK OF THE COURT OF MONROE CO U TY, FLORIDA y
��u ',;"'%tilTr✓'� 1'r=yam,�® �
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Deputy Clerk
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Packet Pg. 2296
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 y
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 LO
Monroe County to encourage employees to remain in the County to provide LO
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 y
asked to work in response to a public emergency will maintain a good morale in
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 policyco
governing compensation for public emergency response work; and N
N
WHEREAS, Resolution No. 224-2008 is hereby repealed and the policy
governing compensation for public emergency work is hereby revised;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
N
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. 2297
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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.
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.
LO
Authorized Employee: An employee who is pre-approved as an
LO
emergency response worker by both his or her supervisor and
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.
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 co
in the form of salary or compensatory time off, at the option of theCD
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. 2298
J.2 c
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.
0
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.
LO
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F. 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.
0
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
CO
resumes normal operations, that employee will have to utilize accrued leave
CD
in accordance with the Personnel Policies and Procedures. In the absence of N
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. 2299
J.2.c
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"
columns.
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 LO
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.
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/
emergency must be recorded in the "Comments" column of the y
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. co
10 CD
CD
3. That this Resolution shall be effective as of May 15, 2013. �- N
Mayor George Neugent Yes
co
Mayor Pro Tern Heather Carruthers Yes
Danny L. Kolhage Yes
David Rice Yes
a
Sylvia J. Murphy Yew CA
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BOARD OF COUNTY COMMISSIONERS {
OF M NROE COU �TY, FLORID
y
(Seal) Mayor George Neugent
AM6s-T7Amy H vilin, Cle
g MONROE COUNTY ATTORNEY
Deputy Clerk A OV D AS O FO
YNTHIA L. HALL
ASSISTANT OUNTY ATTORNEY
Date .__.�b - 013 Packet Pg. 2300