Loading...
Item C31 C31 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting October 16, 2024 Agenda Item Number: C31 2023-3167 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Bryan Cook N/A AGENDA ITEM WORDING: Approval of a resolution to repeal and replace Resolution 122-2023 regarding compensation for emergency response work. ITEM BACKGROUND: This resolution only changes the instructions for how to enter time on the employee timesheet and now reflects newly established pay codes updated in the payroll software system. All other parts of this resolution are identical to the most recently adopted BOCC Resolution 122-2023. On March 22, 2023, the Board adopted Resolution 122-2023 regarding compensation for emergency response work. The resolution was updated on the bi-annual review. 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. 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 1964 electronic timekeeping systems. PREVIOUS RELEVANT BOCC ACTION: March 22,2023: BOCC adopted Resolution 122-2023 establishing a new Emergency Response Pay Plan. 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, 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 COVIDI9 emergency. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Compensation for Emergency Response Work Resolution -2024.pdf Resolution 122-2023.pdf FINANCIAL IMPACT: N/A 1965 RESOLUTION NO. -2024 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. 122-2023. WHEREAS, County policy regarding compensation for County employees working in response to a public emergency has heretofore been set forth by Resolution of the Board of County Commissioners; and WHEREAS, it is important to the welfare of the residents of and visitors to Monroe County to encourage employees to remain in or return expeditiously to the County to provide response to a public emergency such as a hurricane,before,during and after the event,as needed; and WHEREAS, definition and clarification are required to facilitate the accounting for, and payment of, emergency response work compensation; and WHEREAS,the Board of County Commissioners of Monroe County did adopt Resolution No. 122-2023 on March 22, 2023 setting forth policy governing compensation for public Emergency Response Work; and WHEREAS, the Board of County Commissioners now wishes to revise and replace Resolution 122-2023 in order to revise the policy governing compensation for public Emergency Response Work; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Monroe County Resolution No. 122-2023 is hereby repealed in its entirety and replaced with the following. 2. This policy shall apply to public emergency response and compensation for such work, other than for employees covered by union contracts which may govern their compensation and persons hired as temporary on-call emergency disaster employees. A. Definitions. For purposes of this resolution, the following words and phrases shall have the definitions provided herein. I. Administrative Leave: Leave with pay at an employee's regular rate of pay for regular working hours) which the County Administrator or his/her designee has authorized wherever any emergency or disaster, as Page 1 of 5 1966 those terms are defined in F.S. 252.34, requires the cessation or modification of regular work. Administrative Leave is used only to provide income to employees with no work available. II. Emergency Response Work: Any work performed by an Authorized Employee-due to a disaster or other emergency, when such work is performed in furtherance of the duties of the County to protect and restore the health, safety and welfare of the public against the cause of the disaster or other emergency. III. Authorized Employee: An employee who is approved as an emergency response worker by his/her Department Director,the County Administrator or Assistant County Administrator. B. Only by authorization of the County Administrator or his/her designee will the County cease normal operations due to an emergency/disaster. The Administrator's or designee's declaration of cessation of normal County operations shall set forth the geographic areas affected by the closure if there is to be a cessation of normal operations in only one part of the County. Once activated by the County Administrator or his/her designee, the terms of this resolution may continue for up to a maximum of three weeks. The County Administrator shall notify each Commissioner immediately after he activates the pay plan authorized by this resolution, based on their availability. If the duration of the emergency extends beyond three weeks, the County Administrator may re-activate this resolution on a week-by-week basis after independently notifying each Commissioner, based on availability, of the Administrator's intent to re-activate the policy set forth in the resolution. C. The Monroe County BOCC Personnel Policies and Procedures Manual and the Monroe County Disaster Preparedness Employee Plan describe expectations for employees to maintain contact with their supervisor and report to work during times of public emergency. Employees questioning their responsibilities during the time of disaster or emergency should contact their supervisor or Department Director to be sure that they are fulfilling their responsibilities. In severe emergency/disaster situations where an employee is granted Administrative Leave and not expected to perform work for a period of time, it is the responsibility of the employee to establish contact with his/her supervisor if there is any doubt about when to return to work and/or to report any inability to appear at the worksite. Employees should stay close to media information, email, and/or telephone/text messaging in order to obtain information regarding County operations resuming. Employees should not rely solely on media information. Administrative Leave pay will be stopped for an employee who fails to report to work as requested by supervisor, Department Head, Assistant County Administrator, County Administrator, or Emergency Management Director. Employees who fail to report to work as assigned may also face further disciplinary action. In any case, it is the employee's responsibility to notify his/her supervisor if unable to report to work(Personnel Policies and Procedures Manual Section 7.04 -Notification of Absence). Page 2 of 5 1967 D. Pay Rates: Administrative Leave Pay: Employees, both exempt and non-exempt, are granted Administrative Leave if they do not perform Emergency Response Work. Such employees are compensated at their regular rate of pay for the hours they were scheduled to work up until 11:59 pm for each day granted. Administrative Leave shall be granted for those hours not worked in order to make the employee "whole" for the normal scheduled workday. Emergency Response Work Compensation Rate: 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. Regular work performed during an emergency: 1. An employee who performs regular job duties,that could have been postponed until after the activation of this resolution has ceased("Regular Duties"), shall only be paid at his /her normal rate of pay for those hours in which the Regular Duties are performed. 2. Regular duties performed during a time of emergency, that must be performed in furtherance of the County to meet its responsibility to protect the health, safety, and welfare of the public, shall be considered Emergency Response Work and paid accordingly: two times the employee's regular hourly rate. 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 rate of pay for their regular working hours,regardless of whether performing Emergency Response Work or Regular Work. F. All employees, other than temporary on-call emergency or disaster employees,who work due to an emergency/disaster and are otherwise not recognized in this Resolution may be approved by the County Administrator or his/her designee for emergency response compensation for the time actually worked during the emergency/disaster. The County Administrator or his/her designee may approve, on a case by case basis, compensation at emergency response work compensation rates for additional emergency response/disaster recovery work performed outside of the period this resolution is activated. G. This resolution may apply to a worksite or some part of the County, such as in the case of a localized emergency. In the case of a partial County operation closing, those employees whose worksite (not residence) is in the area where the closing occurs shall be paid according to this resolution. Page 3 of 5 1968 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. L 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. K. Timesheets: L Timesheets must reflect ACTUAL hours worked in Workday. 11. Physical working hours for that day performing regular duties that 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 during the employee's regular work shift must be recorded in Workday using the time code ERP REG. IV. Physical working hours for the day spent on Emergency Response Work that extend beyond the employee's regular work shift must be recorded in Workday using time code ERP 2. V. 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 recorded in Workday by using the ADM in Storm Pay absence type in order to make the employee "whole" for that workday. VI. "Total hours" for that day worked directly relating to the disaster/emergency and an emergency project identifier(i.e. EMG/HURR, storm name, project number) must be recorded in the "Comments" column of the timesheet in order for the County to obtain proper reimbursement from federal funds, etc.; additional time recording on other paperwork may also be required. VII. 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. Page 4 of 5 1969 VIII. Fire Rescue will continue to enter time and absence through Telestaff. L. These instructions may be amended and/or supplemented by further resolution. M. This Resolution shall be effective upon adoption. 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 policy at any time. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16TU of October 2024. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) BY: MAYOR HOLLY MERRILL RASCHEIN ATTEST: KEVIN MADOK, CLERK Approved as to form and legal sufficiency: Monroe County Attorney's Office: AS DEPUTY CLERK Page 4 of 5 1970 RESOLUTION NO. 122 -2023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REVISING POLICY FOR COMPENSATION FOR PUBLIC 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 WHEREAS, it is important to the welfare of the residents of and visitors to Monroe County to encourage employees to remain in or return expeditiously to the County to provide response to a public emergency such as a hurricane, before, during and after the event, as needed; and WHEREAS, definition and clarification are required to facilitate the accounting for, and payment of, emergency response work compensation; and WHEREAS, the Board of County Commissioners of Monroe County did adopt Resolution No. 148-2020 on May 20, 2020 setting forth policy governing compensation for public Emergency Response Work; and 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 Emergency Response Work; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Monroe County Resolution No. 148-2020 is hereby repealed in its entirety and replaced with the following. 2. This policy shall apply to public emergency response and compensation for such work, other than for employees covered by union contracts which may govern their compensation and persons hired as temporary on-call emergency disaster employees. A. Definitions. For purposes of this resolution, the following words and phrases shall have the definitions provided herein. i. Administrative Leave: Leave with pay at an employee's regular rate of pay for regular working hours) which the County Administrator or his/her designee has authorized wherever any emergency or disaster, as Page 1 of 5 1971 those terms are defined in F.S. 252.34, requires the cessation or modification of regular work. Administrative Leave is used only to provide income to employees with no work available. ii. Emergency Response Work: Any work performed by an Authorized Employee—due to a disaster or other emergency, 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 or Assistant County Administrator. B. Only by authorization of the County Administrator or his/her designee will the County cease normal operations due to an emergency/disaster. The Administrator's or designee's declaration of cessation of normal County operations shall set forth the geographic areas affected by the closure if there is to be a cessation of normal operations in only one part of the County. Once activated by the County Administrator or his/her designee, the terms of this resolution may continue for up to a maximum of three weeks. The County Administrator shall notify each Commissioner immediately after he activates the pay plan authorized by this resolution, based on their availability. If the duration of the emergency extends beyond three weeks, the County Administrator may re-activate this resolution on a week-by-week basis after independently notifying each Commissioner, based on availability, of the Administrator's intent to re-activate the policy set forth in the resolution. C. The Monroe County BOCC Personnel Policies and Procedures Manual and the Monroe County Disaster Preparedness Employee Plan describe expectations for employees to maintain contact with their supervisor and report to work during times of public emergency. Employees questioning their responsibilities during the time of disaster or emergency should contact their supervisor or Department Director to be sure that they are fulfilling their responsibilities. In severe emergency/disaster situations where an employee is granted Administrative Leave and not expected to perform work for a period of time, it is the responsibility of the employee to establish contact with his/her supervisor if there is any doubt about when to return to work and/or to report any inability to appear at the worksite. Employees should stay close to media information, email, and/or telephone/text messaging in order to obtain information regarding County operations resuming. Employees should not rely solely on media information. Administrative Leave pay will be stopped for an employee who fails to report to work as requested by supervisor, Department Head, Assistant County Administrator, County Administrator, or Emergency Management Director. Employees who fail to report to work as assigned may also face further disciplinary action. In any case, it is the employee's responsibility to notify his/her supervisor if unable to report to work (Personnel Policies and Procedures Manual Section 7.04 -Notification of Absence). Page 2 of 5 1972 D. Pay Rates: Administrative Leave Pay: Employees, both exempt and non-exempt, are granted Administrative Leave if they do not perform Emergency Response Work. Such employees are compensated at their regular rate of pay for the hours they were scheduled to work up until 11:59 pm for each day granted. Administrative Leave shall be granted for those hours not worked in order to make the employee "whole" for the normal scheduled workday. Emergency Response Work Compensation Rate: 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. Regular work performed during an emergency: 1. An employee who performs regular job duties, that could have been postponed until after the activation of this resolution has ceased ("Regular Duties"), shall only be paid at his /her normal rate of pay for those hours in which the Regular Duties are performed. 2. Regular duties performed during a time of emergency, that must be performed in furtherance of the County to meet its responsibility to protect the health, safety, and welfare of the public, shall be considered Emergency Response Work and paid accordingly: two times the employee's regular hourly rate. 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 rate of pay for their regular working hours, regardless of whether performing Emergency Response Work or Regular Work. F. All employees, other than temporary on-call emergency or disaster employees,who work due to an emergency/disaster and are otherwise not recognized in this Resolution may be approved by the County Administrator or his/her designee for emergency response compensation for the time actually worked during the emergency/disaster. The County Administrator or his/her designee may approve, on a case by case basis, compensation at emergency response work compensation rates for additional emergency response/disaster recovery work performed outside of the period this resolution is activated. G. This resolution may apply to a worksite or some part of the County, such as in the case of a localized emergency. In the case of a partial County operation closing, those employees whose worksite (not residence) is in the area where the closing occurs shall be paid according to this resolution. Page 3 of 5 1973 H. Employees on sick leave, personal leave or vacation on a day when emergency closings occur, are charged with such leave as was scheduled up until the time when this resolution is activated and Administrative Leave is granted. An employee's accrued leave shall not be charged during an emergency closure unless the employee fails to report to work as assigned per Section C above. I. 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. K. Timesheets: i. Timesheets must reflect ACTUAL hours worked in Workday. ii. Physical working hours for that day performing regular duties that 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 Time Code. iv. 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 recorded in Workday by using the Admin Storm Pay abs en c e type in order to make the employee "whole" for that work day. v. "Total hours" for that day worked directly relating to the disaster/emergency and an emergency project identifier (i.e. EMG/HURR, storm name, project number) must be recorded in the "Comments" column of the timesheet in order for the County to obtain proper reimbursement from federal funds, etc.; additional time recording on other paperwork may also be required. vi. 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. vii. Fire Rescue will continue to enter time and absence through Telestaff. Page 4 of 5 1974 L. These instructions may be amended and/or supplemented by further resolution. M. This Resolution shall be effective upon adoption. 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 policy at any time. PASSED AND ADOPTED by the-Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 22nd day of March, 2023. Mayor Craig Cates Yes Mayor Pro Tem holly Merrill Raschein Yes Commissioner Michelle Lincoln Yes Commissioner David Rice Yes Commissioner James K. Scholl Yes BOARD OF COUNTY COMMISSIONERS = OF MONROE C TY,FLORIDA 18 83 BY: Ma or Craig Cates KEVIN MADOK,CLERK Approved as to form and legal sufficiency: Monroe County Attorney's Office: 3-3-2023 By: Q � As l5eputy Clerk MW o O M O Page S of S 1975 Liz Yongue From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov> Sent: Tuesday, October 15, 2024 4:36 PM To: Gomez-Krystal; County Commissioners and Aides; Kevin Madok; Senior Management Team and Aides; Liz Yongue; InternalAudit Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Kevin Madok; Valcheva-Svilena; Powell-Barbara Subject: Item C31 BOCC 10/16/2024 - REVISED BACKUP. Attachments: C31 10.16.2024 BOCC REV BACK-UP.pdf Good afternoon, Please be advised that the agenda item backup has been revised for item C31. Agenda item summary and back-up is attached. "EMPLOYEE SERVICES:Approval ofa resolution to repeal and replace Resolution 122-2023 regarding compensation for emergency response work. " Sincerely, U 13 AiAe to Chvi.s ivue f-��vi,P,1.�, Co���t�.� A vv.ivd;[vatov gaLLa�d-�iwdseU�w�ow�oeco�cwtU-A.r.4oy www.vKonroeco�cwtU-A.�oy N/Ioniroe County, I lloiriida the I-lloiriida (Keys" We moy encounter mony def?ot's, but wle must'not be def toyed. ­Moyo Angelou PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM T}N COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE. 1 0 Please consder the Privironrrmnt +when 0 l �uirJ in whethu to print tlris ema:�iL ;.u 2 C31 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting October 16, 2024 Agenda Item Number: C31 2023-3167 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Bryan Cook N/A AGENDA ITEM WORDING: Approval of a resolution to repeal and replace Resolution 122-2023 regarding compensation for emergency response work. ITEM BACKGROUND: This resolution only changes the instructions for how to enter time on the employee timesheet and now reflects newly established pay codes updated in the payroll software system. All other parts of this resolution are identical to the most recently adopted BOCC Resolution 122-2023. On March 22, 2023, the Board adopted Resolution 122-2023 regarding compensation for emergency response work. The resolution was updated on the bi-annual review. 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. 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 1 electronic timekeeping systems. PREVIOUS RELEVANT BOCC ACTION: March 22,2023: BOCC adopted Resolution 122-2023 establishing a new Emergency Response Pay Plan. 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, 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 COVIDI9 emergency. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution 122-2023.pdf Compensation for Emergency Response Work Resolution -2024 10.15.24.pdf FINANCIAL IMPACT: N/A 2 RESOLUTION NO. 122 -2023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REVISING POLICY FOR COMPENSATION FOR PUBLIC 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 WHEREAS, it is important to the welfare of the residents of and visitors to Monroe County to encourage employees to remain in or return expeditiously to the County to provide response to a public emergency such as a hurricane, before, during and after the event, as needed; and WHEREAS, definition and clarification are required to facilitate the accounting for, and payment of, emergency response work compensation; and WHEREAS, the Board of County Commissioners of Monroe County did adopt Resolution No. 148-2020 on May 20, 2020 setting forth policy governing compensation for public Emergency Response Work; and 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 Emergency Response Work; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Monroe County Resolution No. 148-2020 is hereby repealed in its entirety and replaced with the following. 2. This policy shall apply to public emergency response and compensation for such work, other than for employees covered by union contracts which may govern their compensation and persons hired as temporary on-call emergency disaster employees. A. Definitions. For purposes of this resolution, the following words and phrases shall have the definitions provided herein. i. Administrative Leave: Leave with pay at an employee's regular rate of pay for regular working hours) which the County Administrator or his/her designee has authorized wherever any emergency or disaster, as Page 1 of 5 3 those terms are defined in F.S. 252.34, requires the cessation or modification of regular work. Administrative Leave is used only to provide income to employees with no work available. ii. Emergency Response Work: Any work performed by an Authorized Employee—due to a disaster or other emergency, 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 or Assistant County Administrator. B. Only by authorization of the County Administrator or his/her designee will the County cease normal operations due to an emergency/disaster. The Administrator's or designee's declaration of cessation of normal County operations shall set forth the geographic areas affected by the closure if there is to be a cessation of normal operations in only one part of the County. Once activated by the County Administrator or his/her designee, the terms of this resolution may continue for up to a maximum of three weeks. The County Administrator shall notify each Commissioner immediately after he activates the pay plan authorized by this resolution, based on their availability. If the duration of the emergency extends beyond three weeks, the County Administrator may re-activate this resolution on a week-by-week basis after independently notifying each Commissioner, based on availability, of the Administrator's intent to re-activate the policy set forth in the resolution. C. The Monroe County BOCC Personnel Policies and Procedures Manual and the Monroe County Disaster Preparedness Employee Plan describe expectations for employees to maintain contact with their supervisor and report to work during times of public emergency. Employees questioning their responsibilities during the time of disaster or emergency should contact their supervisor or Department Director to be sure that they are fulfilling their responsibilities. In severe emergency/disaster situations where an employee is granted Administrative Leave and not expected to perform work for a period of time, it is the responsibility of the employee to establish contact with his/her supervisor if there is any doubt about when to return to work and/or to report any inability to appear at the worksite. Employees should stay close to media information, email, and/or telephone/text messaging in order to obtain information regarding County operations resuming. Employees should not rely solely on media information. Administrative Leave pay will be stopped for an employee who fails to report to work as requested by supervisor, Department Head, Assistant County Administrator, County Administrator, or Emergency Management Director. Employees who fail to report to work as assigned may also face further disciplinary action. In any case, it is the employee's responsibility to notify his/her supervisor if unable to report to work (Personnel Policies and Procedures Manual Section 7.04 -Notification of Absence). Page 2 of 5 4 D. Pay Rates: Administrative Leave Pay: Employees, both exempt and non-exempt, are granted Administrative Leave if they do not perform Emergency Response Work. Such employees are compensated at their regular rate of pay for the hours they were scheduled to work up until 11:59 pm for each day granted. Administrative Leave shall be granted for those hours not worked in order to make the employee "whole" for the normal scheduled workday. Emergency Response Work Compensation Rate: 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. Regular work performed during an emergency: 1. An employee who performs regular job duties, that could have been postponed until after the activation of this resolution has ceased ("Regular Duties"), shall only be paid at his /her normal rate of pay for those hours in which the Regular Duties are performed. 2. Regular duties performed during a time of emergency, that must be performed in furtherance of the County to meet its responsibility to protect the health, safety, and welfare of the public, shall be considered Emergency Response Work and paid accordingly: two times the employee's regular hourly rate. 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 rate of pay for their regular working hours, regardless of whether performing Emergency Response Work or Regular Work. F. All employees, other than temporary on-call emergency or disaster employees,who work due to an emergency/disaster and are otherwise not recognized in this Resolution may be approved by the County Administrator or his/her designee for emergency response compensation for the time actually worked during the emergency/disaster. The County Administrator or his/her designee may approve, on a case by case basis, compensation at emergency response work compensation rates for additional emergency response/disaster recovery work performed outside of the period this resolution is activated. G. This resolution may apply to a worksite or some part of the County, such as in the case of a localized emergency. In the case of a partial County operation closing, those employees whose worksite (not residence) is in the area where the closing occurs shall be paid according to this resolution. Page 3 of 5 5 H. Employees on sick leave, personal leave or vacation on a day when emergency closings occur, are charged with such leave as was scheduled up until the time when this resolution is activated and Administrative Leave is granted. An employee's accrued leave shall not be charged during an emergency closure unless the employee fails to report to work as assigned per Section C above. I. 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. K. Timesheets: i. Timesheets must reflect ACTUAL hours worked in Workday. ii. Physical working hours for that day performing regular duties that 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 Time Code. iv. 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 recorded in Workday by using the Admin Storm Pay abs en c e type in order to make the employee "whole" for that work day. v. "Total hours" for that day worked directly relating to the disaster/emergency and an emergency project identifier (i.e. EMG/HURR, storm name, project number) must be recorded in the "Comments" column of the timesheet in order for the County to obtain proper reimbursement from federal funds, etc.; additional time recording on other paperwork may also be required. vi. 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. vii. Fire Rescue will continue to enter time and absence through Telestaff. Page 4 of 5 6 L. These instructions may be amended and/or supplemented by further resolution. M. This Resolution shall be effective upon adoption. 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 policy at any time. PASSED AND ADOPTED by the-Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 22nd day of March, 2023. Mayor Craig Cates Yes Mayor Pro Tem holly Merrill Raschein Yes Commissioner Michelle Lincoln Yes Commissioner David Rice Yes Commissioner James K. Scholl Yes BOARD OF COUNTY COMMISSIONERS = OF MONROE C TY,FLORIDA 18 83 BY: Ma or Craig Cates KEVIN MADOK,CLERK Approved as to form and legal sufficiency: Monroe County Attorney's Office: 3-3-2023 By: Q � As l5eputy Clerk MW o O M O Page S of S 7 RESOLUTION NO. -2024 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. 122-2023. WHEREAS, County policy regarding compensation for County employees working in response to a public emergency has heretofore been set forth by Resolution of the Board of County Commissioners; and WHEREAS, it is important to the welfare of the residents of and visitors to Monroe County to encourage employees to remain in or return expeditiously to the County to provide response to a public emergency such as a hurricane,before,during and after the event,as needed; and WHEREAS, definition and clarification are required to facilitate the accounting for, and payment of, emergency response work compensation; and WHEREAS,the Board of County Commissioners of Monroe County did adopt Resolution No. 122-2023 on March 22, 2023 setting forth policy governing compensation for public Emergency Response Work; and WHEREAS, the Board of County Commissioners now wishes to revise and replace Resolution 122-2023 in order to revise the policy governing compensation for public Emergency Response Work; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. Monroe County Resolution No. 122-2023 is hereby repealed in its entirety and replaced with the following. 2. This policy shall apply to public emergency response and compensation for such work, other than for employees covered by union contracts which may govern their compensation and persons hired as temporary on-call emergency disaster employees. A. Definitions. For purposes of this resolution, the following words and phrases shall have the definitions provided herein. L 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 Page 1 of 5 those terms are defined in F.S. 252.34, requires the cessation or modification of regular work. Administrative Leave is used for two purposes: 1)to provide income to employees with no work available, and 2)to provide pay for Emergency Response Workers equal the employee's regular shift (Emergency Response Work will be additionally compensated separately, as described below). II. Emergency Response Work: Any work performed by an Authorized Employee-due to a disaster or other emergency, when such work is performed in furtherance of the duties of the County to protect and restore the health, safety and welfare of the public against the cause of the disaster or other emergency. III. Authorized Employee: An employee who is approved as an emergency response worker by his/her Department Director,the County Administrator or Assistant County Administrator. B. Only by authorization of the County Administrator or his/her designee will the County cease normal operations due to an emergency/disaster. The Administrator's or designee's declaration of cessation of normal County operations shall set forth the geographic areas affected by the closure if there is to be a cessation of normal operations in only one part of the County. Once activated by the County Administrator or his/her designee, the terms of this resolution may continue for up to a maximum of three weeks. The County Administrator shall notify each Commissioner immediately after he activates the pay plan authorized by this resolution, based on their availability. If the duration of the emergency extends beyond three weeks, the County Administrator may re-activate this resolution on a week-by-week basis after independently notifying each Commissioner, based on availability, of the Administrator's intent to re-activate the policy set forth in the resolution. C. The Monroe County BOCC Personnel Policies and Procedures Manual and the Monroe County Disaster Preparedness Employee Plan describe expectations for employees to maintain contact with their supervisor and report to work during times of public emergency. Employees questioning their responsibilities during the time of disaster or emergency should contact their supervisor or Department Director to be sure that they are fulfilling their responsibilities. In severe emergency/disaster situations where an employee is granted Administrative Leave and not expected to perform work for a period of time, it is the responsibility of the employee to establish contact with his/her supervisor if there is any doubt about when to return to work and/or to report any inability to appear at the worksite. Employees should stay close to media information, email, and/or telephone/text messaging in order to obtain information regarding County operations resuming. Employees should not rely solely on media information. Administrative Leave pay will be stopped for an employee who fails to report to work as requested by supervisor, Department Head, Assistant County Administrator, County Administrator, or Emergency Management Director when work becomes available and/or the employee is capable of working. 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). 9 D. Pay Rates: Administrative Leave Pay: Employees, both exempt and non-exempt, are granted Administrative Leave if they do not perform Emergency Response Work. Such employees are compensated at their regular rate of pay for the hours they were scheduled to work up until 11:59 pm for each day granted. Administrative Leave shall be granted for those hours not worked in order to make the employee "whole" for the normal scheduled workday. Emergency Response Work Compensation Rate: 1)All Authorized Employees,both exempt and non-exempt, other than emergency temporary employees,who perform Emergency Response Work will be compensated at an amount equal to two times their regular hourly rate. Regular work performed during an emergency: 1. An employee who performs regular job duties,that could have been postponed until after the activation of this resolution has ceased("Regular Duties"), shall only be paid at his /her normal rate of pay for those hours in which the Regular Duties are performed. 2. Regular duties performed during a time of emergency, that must be performed in furtherance of the County to meet its responsibility to protect the health, safety, and welfare of the public, shall be considered Emergency Response Work and paid accordingly: two times the employee's regular hourly rate. 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 rate of pay for their regular working hours,regardless of whether performing Emergency Response Work or Regular Work. F. All employees, other than temporary on-call emergency or disaster employees,who work due to an emergency/disaster and are otherwise not recognized in this Resolution may be approved by the County Administrator or his/her designee for emergency response compensation for the time actually worked during the emergency/disaster. The County Administrator or his/her designee may approve, on a case by case basis, compensation at emergency response work compensation rates for additional emergency response/disaster recovery work performed outside of the period this resolution is activated. G. This resolution may apply to a worksite or some part of the County, such as in the case of a localized emergency. In the case of a partial County operation closing, those employees whose worksite (not residence) is in the area where the closing occurs shall be paid according to this resolution. Page 3 of 5 10 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. L 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. K. Timesheets: L Timesheets must reflect ACTUAL hours worked in Workday. II. Physical working hours for that day performing regular duties that 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 for hours up to the employee's regular work shift must be recorded in Workday using the time code ERWI. The employee must also request an absence in Workday using absence code ADM equal to the hours of the regular work shift. IV. Physical working hours for the day spent on Emergency Response Work that extend beyond the employee's regular work shift must be recorded in Workday using time code ERW 2. V. 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 recorded in Workday by using the ADM in Storm Pay absence type in order to make the employee "whole" for that workday. VI. "Total hours" for that day worked directly relating to the disaster/emergency and an emergency project identifier(i.e. EMG/HURR, storm name, project number) must be recorded in the "Comments" column of the timesheet in order for the County to obtain proper reimbursement from federal funds, etc.; additional time recording on other paperwork may also be required. VII. 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 Page 4 of 5 11 Directors authorized to validate timesheets. VIII. Fire Rescue will continue to enter time and absence through Telestaff. L. These instructions may be amended and/or supplemented by further resolution. M. This Resolution shall be effective upon adoption. 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 policy at any time. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16" of October 2024. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) BY: MAYOR HOLLY MERIL,L RASCHEIN ATTEST: KEVIN MADOK, CLERK Approved as to form and legal sufficiency: Monroe County Attorney's Office: October 15, 2024 AS DEPUTY CLERK Page 4 of 5 12