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Item C17BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 15, 2013 Division: Employee Services Bulk Item: Yes X No Department: Human Resources Staff Contact Person: Teresa_ Aguiar X4458 AGENDA ITEM WORDING: Approval of a resolution to repeal Resolution No. 224-2008 and revise policy for compensation for public emergency response work for essential personnel. ITEM BACKGROUND: At the April 17, 2013, the BOCC directed staff to revise said resolution and compensate essential emergency workers at time and a half of their normal rate of pay or $24.00 per hour, whichever is greater. Currently, essential personnel are paid at time and a half of their normal rate of pay. PREVIOUS REVELANT BOCC ACTION: The previous resolution was approved in 2008. CONTRACT/AGREEMENT CHANGES N/A STAFF RECOMMENDATIONS: Approval. $24 hr or time 1 /2 TOTAL COST: $ INDIRECT COST: whichever is areater BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $ SOURCE OF FUNDS: Hurricane Account REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County AttyZ. OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION Revised 2/27/01 AGENDA ITEM # RESOLUTION NO. -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 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 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 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 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 policy governing compensation for public emergency response work; and 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: 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. 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. Authorized Employee: An employee who is pre -approved as an 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 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. 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. 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. 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. 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. 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 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 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 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 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. 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 timesheet in order for the County to obtain proper reimbursement from federal funds, etc. 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 be effective as of May 15, 2013. Mayor George Neugent Mayor Pro Tem Heather Carruthers Danny L. Kolhage David Rice Sylvia J. Murphy (Seal) Attest: Amy Heavilin, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Mayor George Neugent MONROE COUNTY ATTORNEY A OV D AS TO Ff'01: YNTHIA L. HALL ASSISTANT OUNTY ATTORNEY Date- - o f 3 RESOLUTION NO. 224 .2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SETTING POLICY FOR COMPENSATION FOR PUBLIC EMERGENCY RESPONSE WORK AND REPEALING RESOLUTION No. 415-2005. WHEREAS, County policy regarding overtime or other compensation for 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 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 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 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 policy governing compensation for public emergency response work; and WHEREAS, it has been determined that said policy requires revision; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: 1. 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. Monroe County Resolution No. 415-2005 is hereby repealed. A. Definitions. For purposes of this resolution, the following words and phrases shall have the definitions provided herein. Emergency Response Compensation Policy 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. Ill. Authorized Employee: An employee who is pre -approved as an 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, excluding Contract 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 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. 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 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. Emergency Response Compensabon Pollcy 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. E. All authorized 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 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. 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. 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 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 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 normal worksite, are compensated at time and a half of their regular rate of pay 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 Emergency Response Compensadon Policy 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 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. 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 timesheet in order for the County to obtain proper reimbursement from federal funds, etc. K. These instructions may be amended and/or supplemented by further resolution. In such cases, additional Information shall be provided by 3 0 Administrative Services and the County Administrator. v m ona That this Resolution shall be effective retroactive as of August 14`�'', ' . 2. iv N Mayor Mario DiGennaro Yes ,may Mayor Pro Tern Charles "Sonny" McCoy Yes :2 �` r Commissioner Dixie M. Spehar Yes r1i � Commissioner George Neugent Yes in Commissioner Sylvia Murphy Yes is Emergency Response Compensation Policy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: 410� Mayor Mario DiGennaro MONROE COUNTY ATTORNEY ARPROVED• AS_TQ FOF)M: -----VCYNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date a- a -,1.008