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Item R18 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 28, 2005 Division: County Administration Bulk Item: Yes X No Department: County Administration Staff Contact Person: Debbie Frederick AGENDA ITEM WORDING: Approval of a Resolution rescinding Resolution #310-2005 setting policy for Compensation for Public Emergency Response Work. ITEM BACKGROUND: At its meeting on August 17, 2005, the Board of County Commissioners approved Resolution #310- 2005 setting policy for compensation to County employees while performing public emergency response work. After the implementation of this Resolution, it was determined that the Resolution did not clearly define all issues relating to the subject matter. PREVIOUS RELEVANT BOCC ACTION: As stated above. CONTRACT/AGREEMENT CHANGES: Authorized employees who perform emergency response work during the period of Administrative Leave will be compensated at twice their regular rate of pay for the time actually worked in addition to receiving Administrative Leave hours for the normally scheduled work day. STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: Debbie Frederick Debbie Frederick DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 RESOLUTION NO. ~200S A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY~ F LOR I DA~ SETTING POLICY FOR COMPENSA TI ON FOR PUBLIC EMERGENCY RESPONSE WORK AND RESCINDING RESOLUTION No. 310-2005. WHEREAS, County policy regarding overtime or other compensation for County employees working in response to a public emergency when non-essential employees are allowed admfnistrative (eave has heretofore been set forth only in the County's Administrative Instructions; and WHEREAS. it is important to the welfare of the res~dents of and vrsitors to Monroe County to encourage employees to remain in the County to provide response to a public emergency such as a hurricane, before, duhng 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 publfc emergency will maintai n a good morale in personnel previously considered essential; and WHEREAS. defmltJon and clanficatlon IS required to facilitate the accounting for, and payment of, emergency response work: WH EREAS, the Board of County Commtssioners of Monroe County did adopt Reso~ution No. 310-2005, setting forth policy governing compensation for public emergency response work; and WHEREAS, it has been determined that said policy requires revision: NOW, TH E RE FORE, BE IT RESOLVED BY THE BOARD OF COU NTY COMMI SSIONERS OF MON RO E COUNTY. THAT 1. The following policy shall replace Administrative lnstruction 4713.1, and shall apply to pubtic emergency response and compensation for such work, other than for employees covered by union contracts wh ich govern their compensation. A. Definitions. For purposes of th~s 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 Adm inistrator or his designee has author~zed. The leave applies only to an employ~e:s regular worklng hours during the time that E mergenc:;y R ~pons.E! C omp€ m;<llJon t='OllCy the Admi nistrator or his designee has authorized the feave. Admin istrative ~eave is awarded to make an employee whole for a workday when the employee's regular work may be suspended due \0 some disaster or emergency. Administrative leave will apply to County staff for any event requir~ng cessation of regular work. II. Emergency Response Work Any work performed by an employee dur~ng 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 publ ic against the cause of the disaster or other emergency. III. 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 norma I rate of pay. Adm inistraiive Leave shall be granted for the remaini ng hours in order to make the employee "whole" for the norma~ scheduled work day. IV. Exceptions: All emp~oyees, 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 twice their regular rate of pay for the time actually worked during the emergency/d isaster in addition to receiving Administrative Leave hours for the normally scheduled work day. B. On Iy by authorization of the County Adminislrator 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 ff there is to be a cessahon of operations in only part of the County. C. Employees questioning thejr responsibtlities during lhe time of disaster or emergency should contact their superv~sor or department head to be sure that they are fulfiHing their responsibilities. D Authorized employees who have volunteered their aSslstance at the EOe and been approved for emergency/di saster work by their supervisors, o ivislon Director_ and Administrator or Deputy Adminfstrator wiH be contacted by Emergency Management as needs arise. E. All authoriz.ed employees, who perform emergency response work duri ng the period of Admi nistrative Leave will be compensated at twice their regular rate of pay for the time actually worked in addition to receiving Administrc;ltive Leave hours for the normally scheduled work day_ Emerger-cy ~e5pon5e Cm"!lp1;!~<l110n Pol,c~' Employees are not allotted administrative, compensatory or other time off at a later date. F. In the case of a partial County operation closing, those employees whose work site {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 Admfnlstrative leave, it is the responsibil ity of the employee to establi sh 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 worksil€. Employees should stay close to med ia information and/or telephone in order to obtain information regardi ng County operations resuming. Employees should not re~y solely on media information. H If an employee, for l:lny reason, does not return to work when the County resumes normal operations. that employee will have to utilize accrued leave in accordance with 1he 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 -Notifi cation of Absence). I. When a partial or full-day closing is authorized, the foBow~ng pay practices apply: I. Employees, both exempt and non-exempt, are granted admfni strative 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 unhl 12pm midnight for each day granted. Admin istrative 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 duri ng the time that admin istratlve leave is authorized for personnel at their normal worksite, are compensated at twice their regular rate of pay for the time actually worked during the emergency/disaster !n addition to receiving Administrative Leave hours for the normally scheduled work day. lH. Employees on sick leave, personal leave or vacation on a day when during emergency c10slngs are charged with such leave as was scheduled up until the time when the Admi nistrative Leave was granted J. Timesheets: i. Timesheets must reflect ACTUAL hours worked in the "1 N" and "OUT" columns. Emergenc~ Resp-onse Compensatiofl Po~iq il. Normal/physical operating working hours for that day must be reflected in the ., RG" column. Hi .Admi nistrative leave ti me granted until the end of the normally scheduled workday (up to midnight of each day) must be reflected in the "Mj" column in order to make the employee "whole" for that work day. iv. Employees who work during the time administrative leave is granted wi II mark the actua I hours worked during the ad min istrative leave in the' OT' co~umn. v. ''Total hours" for that day worked directly relating to the disasterl Emergency must be recorded in the "Comments" column of the timesheet in order for the County to obtain proper rei mbursement from federal funds: etc. K. These instructions may be amended and/or supplemented by further resoluti on. In such cases. additional information shall be provided by Administrative Services and the County Admmistrator. 2. Monroe County Resolution N D_ 310-2005 is hereby resci nded. 3. This Resolution shall be etfectlve as of July 1, 2005. Mayor Spehar Mayor Pro T em McCoy Commissioner Neugent Commissioner R~ce COrllm~ssioner Nelson BOARD OF COUNTY COMM ISSIONERS OF MONROE COUNTY. FLOR10A By: Mayor 0 ixie M. Spehar (Sea I) Attest: DAN NY L. KOLHAGE. Clerk By: Dep uty Cler k ,. .'. .'. ..' ~.:;ti: / (~~\ . .:.... . :__'~~' ~'i.~. J~. '--f?-~ ~.. _ ~"_' . nh:/i:--- /_ --."...t~~ ..'>: ::7 ~~_;~,._ r ~.:~I.... ( _ // ...... - " :). /:; ~:J ". 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