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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) Packet Pg. 2287 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 Packet Pg. 2288 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. Page 1 of 5 Packet Pg. 2289 J.2.a C 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 �r 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 Page 2 of 5 Packet Pg. 2290 J.2.a 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 Packet Pg. 2291 J.2.a 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 Page 4 of 5 Packet Pg. 2292 J.2.a C 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 w T B N c Page 5 of 5 Packet Pg. 2293 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,�® � V/ y BY: Deputy Clerk CD LO c� �n w o N CD Qom.. c twl{ONIT ROE cTT R -�.SHIWPKERI Few" c DAM � 3 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 J.2 c 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 LO 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 t z 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