Item C05 C.5
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: C.5
Agenda Item Summary #11761
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Bryan Cook(305) 292-4537
N/A
AGENDA ITEM WORDING: Approval of a resolution to repeal and replace Resolution 148-2020
regarding compensation for emergency response work. The BOCC has previously directed that this
policy be placed on the Agenda for review in odd numbered years following Commissioner
elections.
ITEM BACKGROUND: On May 20, 2020, the Board adopted Resolution 148-2020 regarding
compensation for emergency response work. That resolution directs the County Administrator to
place an item on the BOCC 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. It may also be
reviewed at any time. Today's item is this bi-annual review and update.
The resolution repeals resolution 148-2020 in its entirety and establishes an updated and edited
policy regarding compensation for emergency response work. The updated resolution works very
similarly to the previous version with the following exceptions: The policy streamlines
administration by no longer differentiating between emergency response work performed within an
employee's regular schedule and emergency response work performed outside the employee's
regular schedule; all employees will now be consistently compensated at two times their hourly rate
for emergency response work, regardless of schedule or shift. The update removes the exclusion that
previously prevented administrative leave from counting towards an employee's base hours in a
workweek; administrative leave would now be able to credit to the employee's workweek for any
calculation of overtime under the Fair Labor Standards Act (if applicable). Removes the process for
employees who earn emergency response pay to be given an option voluntarily waive his or her
claim to that pay. Replaces the paper timesheet time recording instructions with new instructions
that are applicable to the County's current electronic timekeeping systems.
PREVIOUS RELEVANT BOCC ACTION:
May 20, 2020: BOCC adopted Resolution 148-2020 establishing a new Emergency Response
Pay Plan, with added language that the County Administrator will notify the BOCC, if possible,
Packet Pg. 357
C.5
immediately of the activation due to an emergency/disaster.
April 30, 2020: The Board directed staff to prepare a new revised emergency pay plan policy.
Key components of the revised policy included:
• Provides administrative leave only for employees with no available work to do.
• Provides time and one half the employee's regular rate of pay for emergency response work
performed during regular working hours.
• Provides two times the employee's regular rate of pay for emergency response work performed
on overtime (in excess of the employee's regular workday or workweek).
• May be activated for a maximum of 3 weeks; with weekly extensions by County Administrator
who notifies Commissioners
• Requires BOCC to review this policy between January and March in odd years following BOCC
member elections
• Ceases administrative leave pay if an employee does not return to work as assigned, along with
the possibility of disciplinary action.
• Provides a standing option for any employee to voluntarily waive his or her claim to emergency
response pay.
• Removes compensatory time as a method of payment of emergency response work and $24.00
minimum hourly rate.
May 15, 2013: BOCC adopted Resolution 146-2013 setting for the current emergency response
work pay policy. 4/15/2020, Board adopted Resolution 105-2020, setting for a specific policy for
the COVID19 emergency.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
RESOLUTION NO - 2023 Compensation for Emergency Work
Resolution 148-2020
FINANCIAL IMPACT:
REVIEWED BY:
Megan Fiore Abreu Skipped 03/02/2023 11:41 AM
Bryan Cook Completed 03/02/2023 11:41 AM
Christina Cory Skipped 03/03/2023 9:03 AM
Cynthia Hall Completed 03/03/2023 9:03 AM
Purchasing Completed 03/03/2023 9:53 AM
Budget and Finance Completed 03/03/2023 11:30 AM
Brian Bradley Completed 03/03/2023 2:22 PM
Packet Pg. 358
C.5
Lindsey Ballard Completed 03/06/2023 10:08 AM
Board of County Commissioners Pending 03/22/2023 9:00 AM
Packet Pg. 359
C.5.a
I-
0
RESOLUTION NO. -2023
0
A RESOLUTION OF THE BOARD OF COUNTY U)
C
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
REVISING POLICY FOR COMPENSATION FOR PUBLIC E
0
EMERGENCY RESPONSE WORK AND REPEALING
RESOL UTION NO. 148-2020.
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
0
U)
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 2
cu
4-
WHEREAS, definition and clarification are required to facilitate the accounting for, o
and payment of, emergency response work compensation; and
0
WHEREAS, the Board of County Commissioners of Monroe County did adopt
Resolution No. 148-2020 on May 20, 2020 setting forth policy governing compensation for
public Emergency Response Work; and
c�
WHEREAS, the Board of County Commissioners now wishes to revise and replace
Resolution 148-2020 in order to revise the policy governing compensation for public E
Emergency Response Work; I-
0
a
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA: U)
a�
CL
1. Monroe County Resolution No. 148-2020 is hereby repealed in its entirety 0
and replaced with the following. M
Q
N
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 0
emergency disaster employees. Z
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/her designee has authorized wherever any emergency or disaster, as
c�
Page 1 of 5
Packet Pg. 360
C.5.a
L_
0
those terms are defined in F.S. 252.34, requires the cessation or C
modification of regular work. Administrative Leave is used only to provide
income to employees with no work available.
a�
ii. Emergency Response Work: Any work performed by an Authorized E
Employee—due to a disaster or other emergency, w h e n s u c h 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 0
or Assistant County Administrator. U)
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 M
declaration of cessation of normal County operations shall set forth the geographic areas 0
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.
L_
C. The Monroe County BOCC Personnel Policies and Procedures Manual and the Monroe 0
County Disaster Preparedness Employee Plan describe expectations for employees to a
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 U
Administrative Leave and not expected to perform work for a period of time, it is the M
responsibility of the employee to establish contact with his/her supervisor if there is any N
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 0
rely solely on media information.
Z
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 W
as assigned may also face further disciplinary action. In any case, it is the employee's W
responsibility to notify his/her supervisor if unable to report to work (Personnel Policies
a�
and Procedures Manual Section 7.04 -Notification of Absence). E
c�
Page 2 of 5
Packet Pg. 361
C.5.a
L_
0
D. Pay Rates: a
Administrative Leave Pay:
a�
Employees, both exempt and non-exempt, are granted Administrative Leave if they do not 0
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 workday. '
0
Emergency Response Work Compensation Rate:
0
U)
1) All Authorized Employees, both exempt and non-exempt, other than emergency
temporary employees, who perform Emergency Response Work will be compensated at two
times their regular hourly rate.
2
M
Regular work performed during an emergency: -
1. An employee who performs regular job duties, that could have been postponed until 0-
0.
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 o
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: two
times the employee's regular hourly rate.
E. After the activation of this resolution ends, exempt and non-exempt Authorized Employees 0
who continue to perform Emergency Response Work will be compensated at their regular a
rate of pay for their regular working hours, regardless of whether performing Emergency
Response Work or Regular Work.
CL
F. All employees, other than temporary on-call emergency or disaster employees,who work due 0
to an emergency/disaster and are otherwise not recognized in this Resolution may be U
approved by the County Administrator or his/her designee for emergency response Q
compensation for the time actually worked during the emergency/disaster. The County N
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.
Z
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 M
according to this resolution. W
E
c�
Page 3 of 5
Packet Pg. 362
C.5.a
L-
0
H. Employees on sick leave, personal leave or vacation on a day when emergency C
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 CL
fails to report to work as assigned per Section C above. 0
I. The policies and practices described herein are not intended to, nor shall they, supersede or
conflict with any state or federal laws regarding compensation.
J. 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. 0
U)
K. Timesheets:
A
i. Timesheets must reflect ACTUAL hours worked in Workday. >
ii. Physical working hours for that day performing regular duties that 0
could have been postponed until after the emergency must be
reflected by using the Regular Time Entry Code in Workday.
iii. Physical working hours for that day spent performing Emergency Response
Work must be recorded in Workday by using the Emergency Response 0
Time Code.
c�
iv. For employees who do not perform work, Administrative Leave time
granted until the end of the normally scheduled workday (up to midnight E
of each day)must be recorded in Workday by using the Admin Storm L-
Pay abs en c e type in order to make the employee "whole" for that work a
day.
U)
v. "Total hours" for that day worked directly relating to the disaster/emergency
and an emergency project identifier (i.e. EMG/HURR, storm name,
0
project number) must be recorded in the "Comments" column of the U
timesheet in order for the County to obtain proper reimbursement from Q
federal funds, etc.; additional time recording on other paperwork may also
be required.
vi. The County Administrator or his/her designee, Assistant County
Administrator, or authorized Department Director of an Emergency Z
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. W
vii. Fire Rescue will continue to enter time and absence through Telestaff. E
c�
Page 4 of 5
Packet Pg. 363
C.5.a
L-
0
L. These instructions may be amended and/or supplemented by further resolution. C
M. This Resolution shall be effective upon adoption.
a�
N. 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 2
policy at any time. C
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
a�
Florida, at a regular meeting held on the 22nd day of March, 2023.
A
Mayor Craig Cates
cu
Mayor Pro Tem Holly Merrill Raschein
Commissioner Michelle Lincoln
Commissioner David Rice 0
Commissioner James K. Scholl
0
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: 0
Mayor Craig Cates a
(SEAL)
ATTEST: KEVIN MADOK, CLERK Approved as to form and legal sufficiency: CL
Monroe County Attorney's Office: 0
3-3-2023 M
N
�. CN
By:
As Deputy Clerk
z
4i
E
c�
Page 5 of 5
Packet Pg. 364
C.5.b
RESOLUTION NO. 148-2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, o
REVISING POLICY FOR COMPENSATION FOR PUBLIC
EMERGENCY RESPONSE WORK AND REPEALING 0
0.
RESOL UTION 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 L_
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 o
needed; and
CL
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 nn 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 0
Resolution 146-2013 in order to revise the policy governing compensation for public
Emergency Response Work;
A
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
0
1. Monroe County Resolution No. 146-2013 is hereby repealed in its entirety
CL
and replaced with the following. CL
2. This policy shall apply to public emergency response and compensation for N
such work, other than for employees covered by union contracts which may N
00
govern their compensation and persons hired as temporary on-call le
emergency disaster employees.
0
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 E
pay for regular working hours) which the County Administrator or
his/her designee has authorized wherever any emergency or disaster, as
Page 1 of 6
Packet Pg. 365
C.5.b
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. 0
ii. Emergency Response Work: Any work performed by an Authorized 0
Employee due to a disaster or other emergency, w h e n s u c h work is a
performed in furtherance of the duties of the County to protect and 0
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.
L_
0
0
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 CL
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 g
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 0
CL
responsibilities. In severe emergency/disaster situations where an employee is granted CL
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 C14
doubt about when to return to work and/or to report any inability to appear at the worksite. N
00
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.
0
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).
Page 2 of 6
Packet Pg. 366
C.5.b
0
D. Pay Rates:
U)
a
Administrative Leave Pay:
0.
U)
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
c�
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.
0
Emergency Response Work Compensation Rates:
U)
1) All Authorized Employees, both exempt and non-exempt, other than emergency CL
temporary employees,who perform Emergency Response Work will be compensated o
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.
A
Regular work performed during an emergency:
4-
1. An employee who performs regular job duties, that could have been postponed until o
after the activation of this resolution has ceased("Regular Duties"), shall only be paid at his
1 her normal rate of pay for those hours in which the Regular Duties are performed. CL
CL
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 N
of the public, shall be considered Emergency Response Work and paid accordingly: time and 00
I
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 0
regular workday;two times the employee's regular rate for time worked on additional shifts
in excess of the regular workweek. U)
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
Page 3 of 6
Packet Pg. 367
C.5.b
rate of pay for their regular working hours, regardless of whether performing Emergency
Response Work or Regular Work.
0
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 E
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.
U)
CL
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.
0
0
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. 0
J. 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 cN
resolution is unenforceable, the remainder of the resolution shall remain in full force and N
00
effect.
0
L. Timesheets:
0
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.
Page 4 of 6
Packet Pg. 368
C.5.b
c. Physical working hours for that day spent on Emergency Response Work
during the employee's regular work shift must be recorded in the "ERV
column.
U)
d. Physical working hours for that day spent on Emergency Response Work
CL
that extend beyond the employee's regular work shift must be recorded in
the "ERT'column.
c�
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. L-
12
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 CL
proper reimbursement from federal funds, etc.; additional time recording 0
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.
A
M. These instructions may be amended and/or supplemented by further resolution.
4-
0
N. This Resolution shall be effective upon adoption.
0
CL
CL
D. 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 `00
I
le
hurricane season. Nothing herein shall prevent a Board from reviewing and revising this
policy at any time. 0
0
U)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, ;
at a regular meeting held on the 20 day of May, 2020.
c�
Page 5 of 6
Packet Pg. 369
C.5.b
Mayor Heather Carruthers Yes
Mayor Pro Tem Michelle Coldiron Yes
Commissioner Craig Cates No 0
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
CL
BOARD OF COUNTY COMMISSIONERS
OF MONROE COU TY,FLORIDA
F BY:
MayVf HegWr Carruthers 0
U)
CL
ATTEST: KEVIN MADOK,CLERK
0
c�
By:
As Deputy Clerk
0
0
May 29, 2020
4-
0
0
CL
CL
3 'i
x
25 CN
[� F" cN
ma's G00
w CD
70 0
w C7
�.. CD
CD G
E
c�
Page G of 5
Packet Pg. 370