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HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_5/1/2023Agenda Item #3. Workshop STAFF MEMO Meeting: Workshop - May 01 2023 Staff Contact: Jeffery Snyder Department: Finance R Consider Amending the Emergency Pay Policy During calendar year 2022 the Village experienced two weather -related emergency events, Hurricanes Ian and Nicole. These events proved that the current emergency pay policy needed polishing to better meet the ever changing Federal Emergency Management Agency's (FEMA) documentation requirements. FEMA will reimburse the Village a portion of staff overtime, Village damage, debris cleanup, and flooding provided that the documentation and policies are solid and clearly define what has been accomplished. This includes the need for strong, detailed policies in place prior to a weather -related emergency event. We believe the policy before you meets FEMA's requirements. Policy Highlights • Definitions • Pay during emergency for essential and non -essential employees o Moves from 1.5 base pay to 2 times base pay • Makes allowance for Remote Workers • Pay for those that are sent home during emergency o All non-exempt and exempt employees shall receive Administrative Weather -Related Leave Pay not to exceed the hours worked during their normal shift. • Clearly states how employees scheduled for leave are paid during an emergency • Process for Employees engaged in preparation, onsite and recovery activities • Emergency Pay during Village recognized holiday. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: Proposed: N/A PROJECTED TOTAL: N/A BUDGET: N/A ENCUMBERED: N/A Projected Remaining: N/A Page 29 of 99 Agenda Item #3. Staff recommends that the Village Council adopt the amended Emergency Pay Policy. Proposed Emergency Compensation Policy VOT Emergency Compensation Policy Final Combined Page 30 of 99 Agenda Item #3. DRAFT. V4 4-19-2023 Village of Tecluesta Emergency Pay Policy Table of Contents SECTION1. Purpose....................................................................................................................................1 SECTION2. Definitions...............................................................................................................................1 SECTION3. Overview.................................................................................................................................2 SECTION 4. Compensation for employees that are assigned to work during the emergency event ............ 2 SECTION 5. Compensation for employees that do not work during the emergency event.........................3 SECTION 6. Employees who are instructed to work remotely during the emergency event.......................3 SECTION 7. Rescue and recovery activities...............................................................................................3 SECTION 8. Emergency Event occurring on a Village recognized holiday............................................4 SECTION 1. Purpose. Our citizens depend on the Village employees to serve them in times of an emergency event. All Village employees will have a role in addressing the situation before (phase 1), during (phase 2), and after (phase 3) an emergency event. Responding to all emergency situations is part of our job as a public servant. Not everyone is needed during the preparation (phase 1) of a weather -related emergency event. For the employees whose roles are not essential nor immediately required during phases 1 and 2, it is safest for them to be away from the Village preparing for the impending emergency event. Because those employees are directed not to report during their regularly scheduled work time, they are granted leave with pay. Those who are needed for preparation (phase 1), are expected/required to report to work and will be compensated for doing so. SECTION 2. Definitions. Administrative Weather -Related Emergency Leave Pay: Pay for employees who are scheduled to work but not required during the preparation of an emergency, who have been sent home or instructed not to report to their regular place of business. This type of pay will be paid as straight time and does not count towards overtime. Collective Bargaining Agreements: Labor agreements with the Village's three unions, CWA, IAFF, and PBA. Declaration of Emergency: Aformal announcement bythe Mayor, Village Manager, and Fire Chief indicating the need to take swift actions to protect our constituents from a weather related emergency event. 1 Page 31 of 99 Agenda Item #3. DRAFT: V4 4-19-2023 Emergency Pay: Pay for non-exempt and exempt employees required to assist during a declared weather -related emergency. This pay shall be considered special overtime and paid at double time, or two times the normal hourly rate of an employee. Essential Employees: Employees designated by the Village Manager who need to be working during phases 1 and 2 of the emergency event. Exempt Employees: An employee who is paid on a salary basis and does not qualify for overtime pay under the provisions of the Fair Labor Standards Act. Non -Essential Employees: Employees who will not be required to work during phases 1 and 2 of the emergency event. Non-exempt Employee: An employee who is entitled to be paid overtime for any additional time that exceeds the number of hours in their work cycle under the provisions of the Fair Labor Standards Act (Police - over 80 hours during a 14-day consecutive period; Fire - over 144 hours during a 21-day consecutive period; All Others - over 40 hours during a 7-day consecutive period). Weather -Related Emergency Event: A severe tropical weather event such as tropical depressions, tropical storms, or hurricanes that pose an immediate risk to the health, life, and or property of the Village. Work Day: Regularly scheduled number of hours an employee is required to work in a twenty-four (24) hour period. Work Week: A seven (7) day consecutive period commencing at 12:01 AM Sunday and ending at midnight Saturday. SECTION 3. Overview. This policy takes effect when the Mayor, Village Manager, and Fire Chief sees a clear and present danger to the Village of Tequesta and issues a declaration of emergency. The Village Manager, will at his discretion, designate essential employees and non -essential employees. Non -essential employees and essential personnel not scheduled to work will be released to go home and prepare for the impending emergency event. Once a declaration of emergency is issued this policy will supersede all policies governing compensation for Village employees. This policy shall also supersede all collective bargaining agreements governing compensation. SECTION 4. Compensation for employees assigned to work during the emergency event. 2 Page 32 of 99 Agenda Item #3. DRAFT: V4 4-19-2023 When a declaration of emergency is issued all employees who are designated to work in phases 1 and 2 will report to a location assigned by the Village Manager and/or Fire Chief. Non-exempt and exempt employees will receive Emergency Pay at two (2) times their regular hourly rate for all time worked during an active declaration of emergency. All time worked prior and/or after an active declaration of emergency shall be considered regular hours and the Fair Labor Standards Act is again in full control of non-exempt employee pay. Exempt employees will revert to their base salary. SECTION 5. Compensation for employees who do not work during the emergency event. When a declaration of emergency is issued all employees who are not designated to work during phases 1 and 2 and are scheduled to work, shall be sent home or not called to work. These employees will receive Administrative Weather -Related Leave Pay at straight time. Employees not scheduled to work during this period will not receive Administrative Weather - Related Leave Pay for the hours/shift not scheduled. All non-exempt and exempt employees shall receive Administrative Weather -Related Leave Pay not to exceed the hours worked during their normal shift. Employees on a scheduled vacation or on pre -approved leave, such as a medical leave, bereavement leave, maternity/paternity leave, etc. when the Village Manager officially closes the offices shall be required to use their approved leave and will not be entitled to additional Administrative Weather -Related Leave Pay. SECTION 6. Employees who are instructed to work remotely during the emergency event. The Village Manager may require employees to work remotely from home during the emergency event. These employees will be paid at a rate of one and one half (1.5) times their normal rate for the greater of the actual hours worked or their normal shift. SECTION 7. Preparation, Onsite and Recovery Activities. All employees engaged in preparation, during, and recovery operations (Phases 1-3) of an emergency event may expect to work additional hours over their normal shifts, as determined by their department head or designee. Employees should expect to perform tasks that are uncharacteristic to their normal day-to-day activities. Employees may not refuse work during an emergency event. The refusal of any employee to work on any assignment during an emergency event shall be subject to disciplinary action, up to and 3 Page 33 of 99 Agenda Item #3. DRAFT: V4 4-19-2023 including termination. SECTION 8. Emergency event occurring on a Village recognized holiday. If a holiday recognized by the Village occurs during an emergency event when facilities are closed, employees who are working shall receive one (1) personal day equal to one shift which shall be used before December 31 of the current year. All employees entitled to the holiday will receive Holiday Pay instead of Administrative Weather -Related Leave Pay. 0 Page 34 of 99 Agenda Item #3. VILLAGE OF TEQUESTA COMPREHENSIVE EMERGENCY MANAGEMENT PLAN COMPENSATION POLICY During a locally declared state of emergency, and at the discretion of the Village Manager or his or her designee, all essential personnel will be paid at time and one half rate for all time worked while non -essential employee are dismissed or on administrative leave. Salaried employees exempt from the Fair Labor Standards Act will have their salaries converted to an hourly wage. The Village Manager or his designee with either: approve overtime pay for all exempt employees at the rate of one and one-half the number of overtime hour worked; or elect to credit employees with additional vacation hours at a rate of time and one-half for all hours worked. These vacation hours may be granted in lieu of overtime payments for salaried employees. CEMP 2004 Page 35 9/27/2019 Page 35 of 99 Agenda ll O Z C� 0 N m � 0 � o 0 Qw u J u 0 z� w w w Page 36 of 99 Agenda Item # . \ \ ® ! {S / \\\ \ : /\`)( /[&!\j z((\cL cL �ci {}/)E w § a) : cL u § ( ) \\wc \\\o , , - - e e e > e 7 R»\ 3 2 ƒ j j j/ j < a a < « < a < * eza42 k2Q/\//2/ Page 37yq Agenda Item #3. RESOLUTION NO.2019-84 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PAYMENT OF OVERTIME COMPENSATION TO NON-EXEMPT VILLAGE EMPLOYEES AND THE ESTABLISHMENT OF AN ADMINISTRATIVE LEAVE BANK FOR EXEMPT EMPLOYEES FOR WORK PERFORMED DURING A DECLARED STATE OF 'EMERGENCY WITHIN THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village has engaged in the practice of paying overtime to non-exempt Village employees who work just prior to, during and immediately after a hurricane or other natural or manmade disasters; and WHEREAS, Village Staff is recommending adoption of a formal policy for payment and compensation for non-exempt and exempt employees during declared states of emergency within the Village, including, the establishment of an "administrative leave bank" for exempt employees who were called into work but did not, perform actual disaster -related work that would qualify for emergency duty compensation pursuant to Section 5-31 of the Village Code; and WHEREAS, the Village Council determines that that adoption of this Resolution is in the interest of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council hereby approves the payment of overtime compensation to non- exempt employees who work during a declared state of emergency within the Village at a rate of two times their regular rate of pay. Section 3. The Village Council hereby approves the creation of an Administrative Leave Bank for those exempt employees who work during a declared state of emergency within the Village. The balance in each employee's leave bank will be the actual hours worked, capped at sixty (60) hours. The leave bank hours will not accrue and will be lost if not utilized prior to the end of the next full fiscal year after the conclusion of the state of emergency. By way of example, administrative leave bank hours accrued during Fiscal Year 2019 must be utilized prior to the end of Fiscal Year 2020. Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Page 1 of 2 Page 38 of 99 Agenda Item #3. Section 5. This Resolution shall take effect immediately upon adoption PASSED AND ADOPTED THIS 30TH DAY OF AUGUST, 2019. (Village Seal) ATTEST: VILLAGE CLERK Page 2 of 2 AJA A A A MAYOR Page 39 of 99 Agenda Item #3. Hurricane & Emergency Preparedness In the case of an approaching hurricane or similar emergency, certain employees may be required to continue to perform work for the City ("Essential Personnel"), while other employees may be excused from work (`Ton -essential Personnel"). The following sets forth an overview of compensation in the event the City Council declares a State of Emergency due to a hurricane or similar emergency. During the declaration of emergency, any approved leave time may be cancelled at the City Manager's (or designee's) sole discretion. If the employee is already on vacation or using leave time when the emergency is declared, the employee must make every effort to check in with his or her supervisor for further instructions and may be required to report back to work. The City Manager or designee must approve all regular and overtime hours once the state of emergency has been declared. The City Manager, in consultation with the Fire Chief, will determine actual lockdown hours for purposes of this policy. FEMA Requirements For purposes of reporting and/or reimbursement by the Federal Emergency Management Agency (FEMA), all hours compensated during a declared emergency will be tracked both electronically and on designated timesheets as directed by the City Manager or designee. Other requirements apply, as determined by the City Manager. Requirements Based on the type of activation, the City may need staff before, during, and after the emergency event. Typically, those who are required to report during the event will be notified prior to its start, however, this may not always be possible. All employees must return to work as instructed by their supervisor and/or via an announcement posted on the City's website or social media. Failure to return to work on the expected return to work day, shall be grounds for discipline, up to and including termination of employment. Emergency Pay for Non -Exempt Staff Non-exempt employees who are required to work during a declared emergency and are scheduled to be in "lockdown" at the direction of the City Manager shall be compensated with regular pay for their regularly scheduled hours during the lockdown period. In addition, for the time actually worked during the lockdown period within the declared emergency time frame, non-exempt employees shall receive time and one-half their regular rate of pay. To the extend applicable there will be no duplication or pyramiding of overtime or premium pay for the same hours worked, including, but not limited to call back and standby pay. Non-exempt full time employees who are not required to work during the declared emergency, may be released from duty and will be paid regular pay for the declared emergency time frame that City offices are closed due to the emergency event. Employees with work schedules who have normal scheduled days off during the declared emergency time frame, will not be paid for those hours. Employees with previously scheduled and approved leave time who are not required to work will be paid according to the applicable leave Page 40 of 99 Agenda Item #3. time policy. Emergency hours paid for time not worked will not count toward overtime calculations. Non-exempt part time employees who are scheduled to work but are not required to work during the declared emergency may be released from duty and will be paid regular pay for the declared emergency time frame, based on their normal workday schedule. Seasonal and temporary part time employees and interns will only be paid for hours worked during a declared emergency. Emergency Pay for Exempt Staff Exempt employees who are required to work during the declared emergency and scheduled to be in "lockdown" shall, in addition to receiving the same compensation as other exempt employees who are not required to work during the declared emergency, be compensated one (1) hour of straight time for each hour of time worked within the same pay week. "Straight time" for exempt employees is defined as the annual salary divided by 2080, even though such salary is designed to cover all hours worked, including hours worked over 40. Exempt employees will also receive compensation of one and one-half hours of pay for each hour of time worked within the same pay week when they perform duties that are directly related to emergency preparation and recovery efforts outside the emergency declaration period and outside their normally -scheduled work shift (which includes all hours over 40 worked within the same pay week). The City Manager or designee will determine the emergency preparation and post - emergency recovery periods for purposes of this policy. Exempt employees who are not required to work during the declared emergency may be released from duty and shall be paid regular pay for the declared emergency time frame that City offices are closed due to the emergency event. Conclusion of Emergency Once the hurricane or emergency has passed, a press release through the news media, City webpage, or through the Department Director will be made advising Non -essential Personnel to report for work. Non -essential Personnel are required to report to work upon notification from the Department Director or designee where such notice occurs prior to the publication of the press release. At that time, employees should call their respective supervisor to make every reasonable effort to report to work to relieve Essential Personnel who have worked through the hurricane or emergency, and assist in the cleanup/recovery process, as directed/authorized. Exemptions and Paid Leave Essential Personnel who are scheduled to work during the hurricane or emergency, but who call in sick, will be required to provide medical documentation for the absence in order to receive paid sick leave. Essential Personnel who call in for a personal reason may be excused at the discretion of the Department Director. Such employee will be required to use sick or vacation leave for this time off, if the employee has such leave available. Otherwise, it will be unpaid. Page 41 of 99 Agenda Item #3. In the case of an approaching storm, it may be necessary for the City to revoke previously approved vacation leave in order for employees to assist with City storm -related preparations. All accruals for vacation and sick will run according to Personnel Policies and Procedures. Payroll Adjustments During a state of emergency the City may process payroll based on estimated scheduled hours. Any adjustments in pay, if required, may be made in a subsequent pay period. Full time employees may be paid for their regularly scheduled hours based on their standard workweek. Regular part time employees may be paid based on their standard schedule. Seasonal and temporary part time employees and interns will only be paid for hours worked. Holidays If the declared emergency occurs during a City -observed holiday and the employee is required to work, the employee will receive emergency pay as outlined above; and in lieu of the holiday, the employee shall receive one (1) Administrative Day per City -observed holiday worked. Page 42 of 99 Agenda Item #3. TOWN OF PALM BEACH Administrative Procedure Procedure No.: .................................. 1-17-7 Effective Date:...................................09/05/2017 Revision to Procedure No.: ............. 1-11-10 APPROVED: Thomas G. Bradford, Town Manager EMERGENCY PAY PROCEDURE OBJECTIVE: To identify how employees are to be paid in the event of a natural or man-made emergency and to identify a tracking mechanism for labor and the use of equipment and supplies during an emergency. (In the event that any provision of this policy conflicts with a collective bargaining agreement, provisions of the collective bargaining agreement shall apply). RESPONSIBILITY: Town Manager — Declare an emergency, including closure of Town facilities. Department Directors, or his/her designee — 1) Ensure completion of the Daily Activity Report by staff that is involved in work to manage or recover from the declared emergency. 2) Proper coding of payroll in compliance with this policy. PROCEDURE: Daily Activity Report: The Daily Activity Report (DAR) is to be completed by all employees performing work resulting from, or in preparation for, the declared emergency. The DAR tracks the description of work performed, as well as equipment and supply usage during the performance of work. Use of the DAR should commence with the first preparation efforts and should continue for all work related to the emergency, until recovery work is complete. Use of the DAR is not contingent upon the closure of Town facilities, nor does it need to be used by staff that are performing their usual job duties (not related to the emergency). Page I of Page 43 of 99 Agenda Item #3. Original DARs should be signed by the employee and their supervisors and forwarded to the Finance Department on a daily basis to be kept as the official Town record. Each department should maintain a copy of the reports for their reference. C.kt��ritttUn: Payroll during an emergency should continue to be coded as usual, with the Following exceptions: Special Approved Absence (Paycode: SAA) — Employees that are sent home (or not called in) during the administrative closure of Town facilities due to the emergency will receive SAA for hours that the employee would rtonnall be scheduled to work. These hours are not considered time worked for the purposes of calculating overtime. HDUT Emergency Duty Pay (Paycode: HDUT) — Additional straight time paid to employees that are required to work during the administrative closure of Town facilities due to the emergency. HDUT will be paid during the time when, due to the emergency, 1) weekdays — Town Hall is closed or 2) weekends — when all recreation facilities are closed to the public, The amount of hours of HDUT pay per day that an employee is to receive is equal to the number of hours worked, up to a maximum of 10.08 hours for Fire shift personnel at or below the rank of Lieutenant, 9.6 hours for Fire Battalion Chiefs, and 8 hours for all others. HDUT will be paid over and above the actual time worked and any overtime due. Other items of note 1. Employees that are on prior approved leave will not he charged for such leave if operations are officially shut down. [fours will be charged to SAA instead, with the exception of FMLA leave which will continue to be charged to the appropriate FMLA paycode. 2. 1f a Town recognized holiday occurs within the time period when Town facilities are closed due to an emergency, since holiday pay is paid in addition to time worked, no HDUT will be paid for that day. Employees not called into work should be coded as holiday, not SAA, for that day. 3. Employees who are able to return to work, must report when they are required to do so, or take approved leave. 4. Payment of HDUT to Fire employees participating in swap, will be made to the Swap On employee. 5. No paid leave requests will be accepted and/or approved the day of and any subsequent day(s) that SAA is in effect. . The time period for which HDUT is paid will be controlled by the period in which Town facilities are closed to the public. This time may or may not coincide with the activation of the EOC. DUT1E : During an emergency event, it may be necessary to assign employees to departments/tasks/responsibi li t ies not normally associated with their permanent position. This is necessary for the general welfare and operation of the Town during an emergency. Page 44 of 99 Agenda Itelrr ACLE XIII. CIVIL EMERGENCIES - EMPLOYEE COMPENSATION Sec. 2-171. Purpose. To establish levels of compensation for regular, part-time and seasonal employees who are released from work or who are retained or called back to perform city work during the threat or occurrence of a hurricane, severe storm, civil disaster, or other emergency conditions affecting the city. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-172. Local state of emergency. (a) The provisions of this article for a declaration of a local state of emergency is for administrative purposes only and supplements the other provisions of law, as set forth in City Charter, Code or state law, for the declaration of emergencies. Accordingly, this article shall be construed to supplement the provisions of the Charter, the Code and state law, and in the event of a conflict the provision of Charter, Code or state law shall prevail. (b) A local emergency shall be deemed to have commenced when the City Manager (or an acting City Manager when the City Manager is not available to act) files with the City Clerk a declaration that the city is in a state of local emergency. The Declaration of Emergency shall reference this article. Immediately following such declaration, the City Manager (or Acting City Manager) will inform each city department and office in as timely a manner as possible by written or electronic communication that a state of civil emergency is in effect. The state of local civil emergency shall continue in effect until rescinded in writing by the City Manager (or Acting City Manager), filed with the City Clerk. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-173. Authority and duration of Emergency Pay Policy coverage. The provisions of this Emergency Pay Policy shall become effective immediately following the declaration of a state of civil emergency by the City Manager and are considered from that point to take precedence over all other Personnel Rules and Regulations, policies, ordinances and collective bargaining agreements of the City of Boynton Beach in the matters of pay, compensation and leave as hereinafter set forth. The provisions of this Emergency Pay Policy shall apply for the entire time period during which the declared state of civil emergency exists, as determined by the City Manager. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-174. Designation of employees for purposes of establishing pay and compensation. (a) Ina manner to be determined by the City Manager or his/her acting designee, all city employees (regardless of full- time, part-time, seasonal, exempt or non-exempt status) will be classified into one of the following three categories: A = Essential/Mandatory Personnel The assistance of these employees is considered essential to the city's ability to function and provide public services in the event of a civil emergency. B = Essential Personnel Depending on circumstances and needs, the assistance of these employees may be required in the event of a civil emergency. C = Non -Essential Personnel The assistance of these employees is normally not required during a civil emergency event. (b) Employees who are classified as category "A" (Essential/Mandatory Personnel) are expected to report for work at the beginning of their assigned shift, work their entire shift, and be prepared to work any overtime hours as may be required under emergency conditions. (c) Category "A" employees may also be required to report for work on unscheduled days or hours and should be prepared to perform tasks outside their normal scope of duties. Category "A" employees may be required to remain at a designated facility during some portion of the emergency event. (d) Employees who are classified as category "B" (Essential Personnel) should be prepared to report for work and should be prepared to work any overtime hours if required to do so. (e) Category "B" employees may also be required to report for work on unscheduled days or hours, and should be prepared to perform tasks outside their normal scope of duties. Category "B" employees may be required to remain at a designated facility during some portion of the emergency event. (f) Employees who are classified as category "C" (Non -Essential Personnel) may be released from their normal work duties and schedules as circumstances dictate, subject to the following conditions: (1) The employee is to remain in periodic contact with their supervisor or other designated representatives in accordance with departmental procedures; Page 45 of 99 Ager(�98eteTi a iefo respond to call back assignments as directed; and (3) Be prepared to work any overtime hours that maybe required in advance of or following an emergency event. (g) The city retains the right to change at any time an employee's designation (as either "A", "B" or "C"), based upon the type of civil emergency that exists and upon the level or stage of response that is deemed appropriate by city management to address the civil emergency. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-175. Duty to work. An employee who is directed to report for work during a declared civil emergency and fails to do so is subject to being disciplined, up to and including termination. In addition to any disciplinary action, the employee shall forfeit any compensation payable under these policies, except compensation for hours actually worked. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-176. Employee compensation. (a) Any employee classified as either "A" (Essential/Mandatory) or "B" (Essential), who is not exempt from the overtime provisions of the Fair Labor Standards Act, will be compensated as follows during a period of local emergency: (1) The employee will be paid their regular compensation of all hours they are scheduled for work, but released from work. Example: If an employee is scheduled to work from 8:00 a.m. to 5:00 p.m., but is released from work at 3:00 p.m., the employee will be paid as though the employee worked until 5:00 p.m. However, only those hours actually worked will be counted for overtime purposes. (2) The employee will be compensated at a premium rate of double their regular base rate of pay for all hours actually worked, including hours which would otherwise qualify for overtime pay (time and one-half). Example: If an employee who earns $10.00 an hour is scheduled and required to work at 8:00 a.m. but a local emergency was declared at 7:00 a.m., the employee shall be paid $20.00 an hour for all hours actually worked until the local emergency ends. (3) Any employee who is exempt from the overtime provisions of the Fair Labor Standards Act, except the City Manager, will be compensated as follows: the employee will be paid their regular weekly pay plus one (1) hour of straight time for each hour of work over 40 hours of work provided each hour of additional pay corresponds to an hour worked during the period of emergency. (It is presumed, solely for the sake of the calculation of emergency pay, that an exempt status employee works an average of 40 hours per work week.) Example: If a local state of emergency takes effect 8:00 a.m. on a Tuesday and ends 8:00 a.m. on Wednesday and the exempt employee is required to spend Tuesday night in the Emergency Operations Center (5:00 p.m. Tuesday to 8:00 a.m. Wednesday), the employee is entitled to 15 hours of additional pay at straight time, provided they work the balance of their ordinary work week (Monday through Friday). (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-177. Standby and call back pay. No employee is entitled to nor shall receive standby pay or call back pay during a period of local emergency. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-178. Record keeping. All employees are responsible for keeping accurate time logs/records for hours worked during a declared state of emergency. The submission of a request for compensation for time worked when the employee did not actually work during a period of local emergency is grounds for termination of employment. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-179. Handling of leave requests during a declared emergency. Leave requests approved prior to a declared emergency will be honored if, in the opinion of the employee's department director, the employee's absence will not adversely affect the city's ability to effectively respond to the emergency. However, all employees are subject to having previously approved leave cancelled, and new requests for leave denied, based upon an overriding organizational need to have the employee report for duty to fulfill their job assignments during an emergency. Any off -duty employee who anticipates being unavailable to respond to a call back assignment associated with an emergency has a responsibility to discuss their plans with their department director and request to be relieved from call back responsibilities for the anticipated duration of the emergency. The department director will evaluate the employee's reasons for the request to be relieved of possible call back responsibilities and notify the employee of his/her decision as soon as possible. All employees who request sick leave immediately prior to, during, or in recovery from a declared emergency may Page 46 of 99 Agenda artment director to submit appropriate medical documentation to verify their sick leave request. Special Note: An employee who is on a previously approved leave that was not revoked prior to the specified civil emergency time period is not eligible for administrative leave with pay or any other form of special compensation that may be made available under the provisions of this policy. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-180. Holiday pay. If the declared emergency time period should encompass a holiday, an employee is eligible to receive any applicable holiday pay they are due in addition to any special compensation that is to be paid under the conditions outlined in Section 2-175 above. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-181. Suspension of other compensation rules. During periods of declared local emergencies, the provisions of this article supersede all other provisions for scheduling and compensation set forth in any other local rule, regulation, ordinance or collective bargaining agreement. (Ord. No. 05-036, § 2, 7-19-05) Secs. 2-182-2-184. Reserved. Page 47 of 99 Agenda Itelrr ACLE XIII. CIVIL EMERGENCIES - EMPLOYEE COMPENSATION Sec. 2-171. Purpose. To establish levels of compensation for regular, part-time and seasonal employees who are released from work or who are retained or called back to perform city work during the threat or occurrence of a hurricane, severe storm, civil disaster, or other emergency conditions affecting the city. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-172. Local state of emergency. (a) The provisions of this article for a declaration of a local state of emergency is for administrative purposes only and supplements the other provisions of law, as set forth in City Charter, Code or state law, for the declaration of emergencies. Accordingly, this article shall be construed to supplement the provisions of the Charter, the Code and state law, and in the event of a conflict the provision of Charter, Code or state law shall prevail. (b) A local emergency shall be deemed to have commenced when the City Manager (or an acting City Manager when the City Manager is not available to act) files with the City Clerk a declaration that the city is in a state of local emergency. The Declaration of Emergency shall reference this article. Immediately following such declaration, the City Manager (or Acting City Manager) will inform each city department and office in as timely a manner as possible by written or electronic communication that a state of civil emergency is in effect. The state of local civil emergency shall continue in effect until rescinded in writing by the City Manager (or Acting City Manager), filed with the City Clerk. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-173. Authority and duration of Emergency Pay Policy coverage. The provisions of this Emergency Pay Policy shall become effective immediately following the declaration of a state of civil emergency by the City Manager and are considered from that point to take precedence over all other Personnel Rules and Regulations, policies, ordinances and collective bargaining agreements of the City of Boynton Beach in the matters of pay, compensation and leave as hereinafter set forth. The provisions of this Emergency Pay Policy shall apply for the entire time period during which the declared state of civil emergency exists, as determined by the City Manager. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-174. Designation of employees for purposes of establishing pay and compensation. (a) Ina manner to be determined by the City Manager or his/her acting designee, all city employees (regardless of full- time, part-time, seasonal, exempt or non-exempt status) will be classified into one of the following three categories: A = Essential/Mandatory Personnel The assistance of these employees is considered essential to the city's ability to function and provide public services in the event of a civil emergency. B = Essential Personnel Depending on circumstances and needs, the assistance of these employees may be required in the event of a civil emergency. C = Non -Essential Personnel The assistance of these employees is normally not required during a civil emergency event. (b) Employees who are classified as category "A" (Essential/Mandatory Personnel) are expected to report for work at the beginning of their assigned shift, work their entire shift, and be prepared to work any overtime hours as may be required under emergency conditions. (c) Category "A" employees may also be required to report for work on unscheduled days or hours and should be prepared to perform tasks outside their normal scope of duties. Category "A" employees may be required to remain at a designated facility during some portion of the emergency event. (d) Employees who are classified as category "B" (Essential Personnel) should be prepared to report for work and should be prepared to work any overtime hours if required to do so. (e) Category "B" employees may also be required to report for work on unscheduled days or hours, and should be prepared to perform tasks outside their normal scope of duties. Category "B" employees may be required to remain at a designated facility during some portion of the emergency event. (f) Employees who are classified as category "C" (Non -Essential Personnel) may be released from their normal work duties and schedules as circumstances dictate, subject to the following conditions: (1) The employee is to remain in periodic contact with their supervisor or other designated representatives in accordance with departmental procedures; Page 48 of 99 Ager(�98eteTi a iefo respond to call back assignments as directed; and (3) Be prepared to work any overtime hours that maybe required in advance of or following an emergency event. (g) The city retains the right to change at any time an employee's designation (as either "A", "B" or "C"), based upon the type of civil emergency that exists and upon the level or stage of response that is deemed appropriate by city management to address the civil emergency. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-175. Duty to work. An employee who is directed to report for work during a declared civil emergency and fails to do so is subject to being disciplined, up to and including termination. In addition to any disciplinary action, the employee shall forfeit any compensation payable under these policies, except compensation for hours actually worked. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-176. Employee compensation. (a) Any employee classified as either "A" (Essential/Mandatory) or "B" (Essential), who is not exempt from the overtime provisions of the Fair Labor Standards Act, will be compensated as follows during a period of local emergency: (1) The employee will be paid their regular compensation of all hours they are scheduled for work, but released from work. Example: If an employee is scheduled to work from 8:00 a.m. to 5:00 p.m., but is released from work at 3:00 p.m., the employee will be paid as though the employee worked until 5:00 p.m. However, only those hours actually worked will be counted for overtime purposes. (2) The employee will be compensated at a premium rate of double their regular base rate of pay for all hours actually worked, including hours which would otherwise qualify for overtime pay (time and one-half). Example: If an employee who earns $10.00 an hour is scheduled and required to work at 8:00 a.m. but a local emergency was declared at 7:00 a.m., the employee shall be paid $20.00 an hour for all hours actually worked until the local emergency ends. (3) Any employee who is exempt from the overtime provisions of the Fair Labor Standards Act, except the City Manager, will be compensated as follows: the employee will be paid their regular weekly pay plus one (1) hour of straight time for each hour of work over 40 hours of work provided each hour of additional pay corresponds to an hour worked during the period of emergency. (It is presumed, solely for the sake of the calculation of emergency pay, that an exempt status employee works an average of 40 hours per work week.) Example: If a local state of emergency takes effect 8:00 a.m. on a Tuesday and ends 8:00 a.m. on Wednesday and the exempt employee is required to spend Tuesday night in the Emergency Operations Center (5:00 p.m. Tuesday to 8:00 a.m. Wednesday), the employee is entitled to 15 hours of additional pay at straight time, provided they work the balance of their ordinary work week (Monday through Friday). (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-177. Standby and call back pay. No employee is entitled to nor shall receive standby pay or call back pay during a period of local emergency. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-178. Record keeping. All employees are responsible for keeping accurate time logs/records for hours worked during a declared state of emergency. The submission of a request for compensation for time worked when the employee did not actually work during a period of local emergency is grounds for termination of employment. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-179. Handling of leave requests during a declared emergency. Leave requests approved prior to a declared emergency will be honored if, in the opinion of the employee's department director, the employee's absence will not adversely affect the city's ability to effectively respond to the emergency. However, all employees are subject to having previously approved leave cancelled, and new requests for leave denied, based upon an overriding organizational need to have the employee report for duty to fulfill their job assignments during an emergency. Any off -duty employee who anticipates being unavailable to respond to a call back assignment associated with an emergency has a responsibility to discuss their plans with their department director and request to be relieved from call back responsibilities for the anticipated duration of the emergency. The department director will evaluate the employee's reasons for the request to be relieved of possible call back responsibilities and notify the employee of his/her decision as soon as possible. All employees who request sick leave immediately prior to, during, or in recovery from a declared emergency may Page 49 of 99 Agenda artment director to submit appropriate medical documentation to verify their sick leave request. Special Note: An employee who is on a previously approved leave that was not revoked prior to the specified civil emergency time period is not eligible for administrative leave with pay or any other form of special compensation that may be made available under the provisions of this policy. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-180. Holiday pay. If the declared emergency time period should encompass a holiday, an employee is eligible to receive any applicable holiday pay they are due in addition to any special compensation that is to be paid under the conditions outlined in Section 2-175 above. (Ord. No. 05-036, § 2, 7-19-05) Sec. 2-181. Suspension of other compensation rules. During periods of declared local emergencies, the provisions of this article supersede all other provisions for scheduling and compensation set forth in any other local rule, regulation, ordinance or collective bargaining agreement. (Ord. No. 05-036, § 2, 7-19-05) Secs. 2-182-2-184. Reserved. Page 50 of 99 Agenda Item #3. POLICY AND/OR PROCEDURE NUMBER HR 05-05 v SUBJECT EFFECTIVE OCTOBER 21, 2005 CANCELS u DISASTER PAY PRACTICES 9. (NON-EXEMPT) DISTRIBUTION ALL DEPARTMENT HEADS AND EMPLOYEES APPROVED 'PROVE DIR CTOR OF HUMAN RESOURC S CITY MANAGER PAGE 1 of 5 1) POLICY: This policy defines how the City of Riviera Beach shall implement the method of compensation for employees called in and/or required to work a normal schedule or extra hours as a result of a disaster. This policy also addresses employees who are unable and/or requested not to report to work as a result of a disaster. II) PURPOSE: The purpose of this policy is to establish a pay practice policy to compensate employees called in or required to work beyond their normal scheduled work shift/hour. It is also to establish pay guidelines for employees who are told to stay home or unable to report to work as scheduled due to the disaster. III) PROCEDURE: A. DISASTER DECLARATION The Mayor or the City Manager, with the consent of the City Council, may establish the actual time periods of the declared disaster specifying actual dates and times that each phase of the disaster pay policy will be implemented, if any. Department Heads are not permitted to authorize any of these policy provisions without the City Manager's approval. B. NON -ESSENTIAL PERSONNEL 1. DEFINITION Non -essential personnel are those employees who are not required to provide around the clock coverage and are not critical to the operation of the City of Riviera Beach. Page 51 of 99 Agenda Item #3. �v POLICY AND/OR PROCEDURE NUMBER HR 05-05 SUBJECT PAGE DISASTER PAY PRACTICES 2 of 5 'M,b WE.fE K, pc� (NON-EXEMPT) 2. SCHEDULED TO WORK, BUT TOLD NOT TO REPORT TO WORK Employees who are scheduled to work, but are told not to report because the City has been declared in a state of local emergency, are considered non -essential personnel and are excused from work. Although not working, these employees will be compensated for their normal scheduled work hours. This time will not be counted towards the computation of overtime. However, once the disaster has passed, a press release through the news media or through the department director/supervisor will be made advising employees to report for work. At that time, employees should make every reasonable effort to report to work by relieving personnel who have worked through the disaster and assisting in the clean up recovery process when authorized. 3. SCHEDULED TO WORK, BUT CALLED IN SICK/OTHER Employees who are scheduled to work during the disaster, but who call in sick, are required to provide medical documentation for the absence in order to receive paid sick leave. Employees who call in for personal reasons may be excused at the discretion of the department head. The employee will have to use sick or vacation leave for this time off, if the employee has leave time available. 4. SCHEDULED TO WORK BEYOND NORMAL WORK WEEK Employees who report to work as scheduled and as directed, will receive their normal compensation until they work beyond their scheduled work shift. All hours worked beyond their normal work week schedule during the City declared disaster period shall be paid at an overtime rate. Page 52 of 99 Agenda ,Item #3. Syr POLICY AND/OR PROCEDURE NUMBER HR 05-05 SUBJECT PAGE _► DISASTER PAY PRACTICES (NON-EXEMPT) 3 of 5 5. SCHEDULED OFF, BUT CALLED INTO WORK Employees who are called into work during their scheduled off hours will be compensated at time and one half (1 Y2) for all hours worked during the declared disaster, irrespective of whether they have worked their normal shift. 6. SCHEDULED APPROVED LEAVE Employees who are scheduled off for a pre -approved vacation leave, sick leave, jury duty, leave of absence, good cause day or any other types of leave will not receive credit for pre -approved time or an additional day off if there is a declared disaster during their absence unless the employee is called into work and reports for work. The employee's pre -approved absence will be paid by the appropriate type of leave requested. C. ESSENTIAL PERSONNEL 1. DEFINITION Certain City personnel are designated as essential personnel and required to remain on duty immediately before, during and after the declared disaster. Essential employees are sworn police personnel, uniform fire personnel, communications operators, all utility district plant and field workers, dock attendants and marina folk lift operators. Other essential personnel include all employees in the Property Maintenance, Street & Canals, Strom Water, and Vehicle Maintenance Divisions of the Public Works Department, the entire personnel of the Parks Division of the Recreation and Parks Department; also any other positions as defined and approved by the City Manager. Positions in these categories are required to provide around the clock coverage and are essential to the operation of the City of Riviera Beach during the time of a declared disaster. Page 53 of 99 Agenda Item #3. �v POLICY AND/OR PROCEDURE NUMBER HR 05-05 SUBJECT PAGE RV °j+ wiEn trvE,wof`K' DISASTER PAY PRACTICES (NON-EXEMPT) 4 of 5 2. SCHEDULED TO WORK BUT CALLED IN SICK/OTHER Employees who are scheduled to work, but call in sick, are required to provide medical documentation for the absence in order to be paid their regular sick leave, irrespective of the number of days absent for illness. Employees who call in for personal reasons, family and/or other reasons will not be permitted to use sick/vacation leave. Exceptions may be considered on a case by case basis by the employee's department director. 3. SCHEDULED TO WORK BEYOND NORMAL WORK WEEK Essential employees are required to report to work as scheduled. They are entitled to additional pay if required to work based upon the bargaining union agreement. However, if the position is not covered by a bargaining union agreement, they will receive overtime for any hours worked above their regular shift, provided that they will have worked their normal scheduled work week. 4. SCHEDULED OFF BUT CALLED INTO WORK Sworn police personnel, general employees, and uniform fire personnel covered under bargaining agreements are guaranteed three (3) hours paid at time and one half (1 Y2) their regular base rate if called into work on a scheduled day off for any hours worked' in excess of their normal work week hours. Employees not covered under a bargaining agreement shall receive time and one half (1 Y2) hours worked in excess of their normal work week. 5. SCHEDULED APPROVED LEAVE Employees who are scheduled off for a pre -approved vacation leave, sick leave, jury duty, leave of absence, good cause day or any other type of leave will not receive credit for the pre -approved leave or an additional day off if there is a declared disaster during their absence unless the employee is called into work and reports for work. The employee's pre -approved absence will be paid by the appropriate type of leave requested. Page 54 of 99 Agenda Item #3. Rtviq POLICY AND/OR PROCEDURE NUMBER HR 05-05 SUBJECT PAGE DISASTER PAY PRACTICES (NON-EXEMPT) 5 of 5 D. TEMPORARY AND PART-TIME EMPLOYEES Temporary and part-time employees will receive compensation only if they are authorized to work on the declared disaster days. If the employees report for work beyond 40 hours during the pay period of the declared disaster, then the temporary or part-time employee will receive overtime compensation. E. DISCIPLINARY ACTION Employees who do not comply with any portion of this Disaster Pay Practice Policy may be disciplined up to and including termination. Page 55 of 99 Agenda Item #3. POLICY AND/OR PROCEDURE NUMBER HR 05-04 SUBJECT EFFECTIVE of RtYIFR,�� DISASTER PAY PRACTICES AUGUST 11 2005 CANCELS FOR EXEMPT EMPLOYEES N/A DISTRIBUTION � ALL DEPARTMENT HEADS AND OTHER EXEMPT EMPLOYEES APPROVED 0/4% " AV tEDF ,DIRECTOR OF HUMAN RES URCES CITY MANAGER PAGE 1 of 2 1) POLICY: This policy defines how the City of Riviera Beach shall implement the method of compensation for exempt employees who work extra hours as a result of a disaster. II) PURPOSE: The purpose of this policy is to establish a pay practice policy to compensate exempt employees who work beyond their normal scheduled work hours. III) PROCEDURE: A. DISASTER DECLARATION The Mayor, with the consent of the City Council, establishes the actual time periods of the declared disaster. Specifying actual dates and times that each phase of the disaster pay policy will be implemented, if any. Department Heads are not permitted to authorize any of these policy provisions without the City Manager's approval. B. EXEMPT PERSONNEL 1. Exempt personnel, by virtue of their position are required to report to work for the full duration of the declared disaster as directed by the City Manager. All approved vacations, good cause day or any other leaves are cancelled during the disaster and the personnel already on vacation should make every reasonable effort to report to work or contact the City Manager concerning availability. Page 56 of 99 Agenda Item #3. p1YIER��� POLICY AND/OR PROCEDURE NUMBER SUBJECT PAGE .i�E DISASTER PAY PRACTICES FOR 2 of 2 EXEMPT EMPLOYEES 2. During a declared state of disaster, the City Manager shall have the authority to authorize additional compensation for exempt employees who work in excess of their regularly scheduled workweek. The rate of pay for such additional hours worked shall be equivalent to one and one-half (1 %) the exempt employee's hourly rate of pay computed as if the employee was not paid on a salary basis. This additional compensation shall be in addition to the employee's regular salary. The City Manager will identify the beginning and ending dates and times in which additional compensation will be paid to exempt employees who are eligible for additional compensation, and will provide the appropriate forms for exempt employees to document their hours worked. Nothing herein shall be construed to affect the exempt status of such employees. No compensatory time shall accrue during declared state of disaster. Page 57 of 99 Agenda Item #3. TO: ALL COUNTY PERSONNEL FROM: VERDENIA BAKER COUNTY ADMINISTRATOR PREPARED BY: HUMAN RESOURCES DEPARTMENT SUBJECT: EMERGENCY COMPENSATION POLICY PPM#: C W-P-076 ISSUE DATE EFFECTIVE DATE August 28, 2019 August 28, 2019 PITRP"gv To provide uniform procedures for the payment of wages during an impending emergency or declared disaster and disaster recovery period. UPDATES: Future updates to this PPM will be the responsibility of the Director of Human Resources. AUTHORITY: - Palm Beach County Merit Rules, applicable laws and collective bargaining contracts. - Applicable laws, as amended. - Applicable bargaining contracts, as amended. POLICY: This policy is activated automatically when the earlier of any one of the following scenarios occurs and continues until termination as described below: 1) Beginning with an employee's receipt of a notice to report to an Emergency Assignment or Notice of Activation, either of which may occur apart from or in advance of a countywide declaration of emergency, in order to begin preparations for a potential emergency or respond to an emergency; or C W-P-076/Page 1 of 5 Page 58 of 99 Agenda Item #3. 2) Beginning with an employee's receipt of a notice to report to Emergency Assignment or Notice of Activation following an emergency situation occurring outside of Palm Beach County, in order to assign that employee to render mutual aid or assistance to another jurisdiction; or 3) Beginning with the signing of a local declaration of a state of emergency for all County employees. Activated Employees receive email notification of activation from the County Administrator or designee and they remain Activated Employees for purposes of this Emergency Pay Policy until the County Administrator or designee determines return to regular work status for each employee. The County Administrator will determine when to close County offices for emergency or disaster situations. An Executive Order by the Governor may supersede or supplement the emergency/disaster policy. Upon closure of County offices, the County Administrator instructs employees to prepare to report to their Emergency Assignment as of a specific date and time. The County Administrator recognizes that employees must be given the opportunity to prepare their personal property for the impact of the impending emergency, and will make every effort to allow sufficient time for this purpose prior to activation. The County Administrator, or the Department Director or designees, shall determine when employees will be released for personal preparation activities and when to activate employees for emergency - related assignments. Upon determination that County operations may resume, the County Administrator will order a resumption of business and document the official closure date and time and resumption of business date and time in a pay treatment memo. Eligible employees will be paid during the Emergency Period pursuant to the procedures set forth by this policy. The County Administrator has the authority to amend and approve special policies and exceptions to the Merit Rules and PPM. DEFINITIONS: 1. Activated Employees — Employees who are instructed to report to work to perform Emergency Assignments as set forth in the EDRP. Activation begins at the time the employee is required to begin the Emergency Assignment as set forth in the Notice of Activation or other notification. Activated Employees who are "locked -in" to a facility during an emergency and required to be on -site for the duration of the emergency to provide services shall be compensated for twenty- four hour work cycles unless otherwise indicated in this policy. 2. Administrative Leave Due to Emergencies/Disasters (AML) - Administrative Leave (AML) is an authorized leave of absence with pay issued to replace regularly scheduled hours during official County building closures. AML is not charged against an employee's earned leave. AML counts as time worked for the computation of Overtime (OT). In the instance of an official County closure, AML hours are only issued in an amount necessary to make an employee whole up to their weekly regularly scheduled hours. (For example, if the employee is scheduled to work 8 hours, the employee will be issued 8 hours. If the employee is scheduled to work 10 hours, the employee will be issued 10 hours.) Employees who are not CW-P-076/Page 2 of 5 Page 59 of 99 Agenda Item #3. required to work in any capacity during an emergency activation period will be eligible for "Administrative Leave — County Closing Due to Emergencies/Disasters" (AML) pay for their regularly scheduled hours during the official County closure. Activated Employees are also eligible for AML for regularly scheduled hours. 3. Emergency Assignment — Roles determined or assigned by the County Administrator or designee pursuant to the EDRP or other directive relating to the emergency and required to prepare for, assist during, or recover from an emergency. 4. Daily Activity Report Form (DAR Form) — the form attached hereto as Exhibit "A" that each Activated Employee is required to complete each day of activation to document emergency work assignment activities and hours worked. All daily activation hours must be documented. 5. Emergency Period — The period of time an employee is paid pursuant to this policy which period of time is calculated per employee beginning on the earlier of Employee Activation, or a declaration of a local state of emergency and continuing until the employee is instructed to return to regular duty work (exceptions apply to executive -level employees). 6. Employee Disaster Response Plan (EDRP) — The Countywide plan that tasks employees with designated work assignments intended to prepare for an emergency, serve and protect the public during an emergency and assist in recovery following an emergency. 7. Executives — Employees in the executive pay plan. 8. Exempt — Employees excluded from the overtime provisions of the Fair Labor Standards Act. 9. Non -Exempt — Employees covered by the Fair Labor Standards Act for minimum wage and overtime payments. 10. Notice of Activation — An email or other command from the County Administrator or designee or other authorized County official that instructs the employee to report to the employee's Emergency Assignment or other emergency duty pursuant to the County's EDRP or official directive. 11. Regular Wages (RGE) — The pay code type used to designate regularly scheduled hours in the payroll system during non -emergency periods. PROCEDURE: A. Pay for Employees not Activated Pay for regularly scheduled hours during the Emergency Period will be recorded as AML in place of RGE for all regularly scheduled hours. Employees who are not Activated Employees should regularly contact their applicable department emergency activation call in number, monitor local radio and television stations for information and instructions, and when directed, report back to work. Employees will not be paid leadworker, standby or shift differential pay for emergency -related duties during the Emergency Period. CW-P-076/Page 3 of Page 60 of 99 Agenda Item #3. B. Pay for Activated Employees Activated Employees will be paid for work performed during the Emergency Period according to the following: AML Leave will be paid for all regularly scheduled work hours including exempt, non- exempt and executive staff, and will count as hours worked for purposes of overtime and/or additional compensation pursuant to this policy. 2. Non-exempt employees will be paid overtime at time and a half for hours worked over 40 during the Emergency Period. 3. Exempt employees that are in the non -executive pay plan, will be paid straight time pay for all hours worked over 40 during the Emergency Period. 4. Executive employees will be paid at straight time for hours worked during the Emergency Period, to a maximum of 12 hours in a 24-hour period. For payroll reporting purposes, the Emergency Period for Executive employees commences upon Activation, and the first 8 hours will not be compensated. C. Emergency Period Employees who are on approved leave (Vacation, C85/65, Workers Compensation, Family Medical Leave, Paid Parental Leave, Compensatory, Incentive, Furlough, etc.) as of the commencement of the Emergency Period will be deducted in the normal manner unless the employee actually reports to an assigned emergency activation role during the Emergency Period or the approved leave was cancelled no later than the beginning of the affected pay period. (Note: Approved sick leave for appointments that are cancelled at the request of a provider during the Emergency Period will not be charged to the employee's leave balance and will be replaced with AML. 1. All hours worked will be in the form of pay. No compensatory time will be reported. 2. All employees who elect to leave work prior to official County closure will be required to take vacation time for the early departure hours. However, employees with Emergency Assignments who are permitted to leave work to complete personal preparation activities within the preparation period designated by the Department Director will be given AML time for that designated preparation period which shall not exceed a total of 4 hours. It will be the department's responsibility to verify hours worked. Since departments are responsible for all wages paid to County employees, they should carefully scrutinize the hours submitted. 4. Budget transfers may be required if there are concerns regarding funds for payroll. Contact your department's designated budget analyst for verification. CW-P-076/Page 4 of 5 Page 61 of 99 Agenda Item #3. 5. Detailed payroll entry instructions consistent with this policy will be provided to department payroll preparers by Human Resources via email. 6. All Activated Employees are required to complete, sign, and have signed by their activation supervisor on duty each day, a DAR Form (see Exhibit "A" attached). The completed DAR Forms shall be submitted to the employee's regular supervisor following the activation period. The DAR Form shall include start and end times for each day's activities and a description of assigned functions and tasks performed in each 24 hour day. 7. IAFF employees will be compensated according to the provisions of their collective bargaining agreement, if any of the provisions of this document are in conflict. Supersession History 1. PPM# CW-P-076, issued 7/21/05 2. PPM# CW-P-076, issued 8/28/08 3. PPM# CW-P-076, issued 12/18/2018 Verdenia Baker COUNTY ADMINISTRATOR CW-P-076/Page 5 of 5 Page 62 of 99 Agenda Item #3. CHAPTER 2: PAY PLAN 5. Declared Emergency Pay Policy Once the County, State, or the Town has declared a state of general emergency, the resolution established in Appendix B of Lantana's Emergency Plan will be created with the date and type of disaster. This resolution will be signed by the Mayor or the Vice Mayor and certified by the Town Clerk or designee. A certified copy of the resolution should be forwarded to the Town of Lantana's Police Chief or designee. A. Purpose: The purpose of this policy is to describe how employees are to be paid in the event of a Declared Emergency (DE). The implementation and provisions of this policy will occur when the Town Manager or designee closes all Town facilities to the public with exception of the Police Department and activates Declared Emergency Pay Policy by written declaration filed with the Town Clerk or designee. B. Policy: 1. Whenever an emergency is declared within the Town of Lantana and the Town Hall or other municipal facilities are closed, all essential personnel may be called into work before, immediately prior to, during, and after the Declared Emergency. Non -essential employees may not be required to report to work until after the Town Manager or designee has declared the immediate emergency is over and it is safe to leave a secured area. 2. This emergency pay policy shall become effective immediately following the Town Manager's or designee's activation of the Declared Emergency Pay Policy and will take precedence over all other Personnel Policies/Procedures, and Collective Bargaining Agreements of the Town of Lantana in matters of pay, compensation and leave as set forth. The Declared Emergency Pay Policy will remain in effect until the Town Manager or designee declares the immediate emergency period over and may extend for a period of one week from that declaration. It is at the sole discretion of the Town Manager or designee to reduce or extend this period of time. 3. Employees designated to work before, during, or after a Declared Emergency who do not report for work and do not provide a reasonable and valid explanation for not reporting for duty when directed to do so by their supervisor, will not be paid for time they did not work and will face disciplinary action up to and including termination. 4. Employees listed on the "Designated Response Team" must understand that they could be assigned to other departments/tasks/responsibilities not normally associated with their permanent position. This is necessary for the general welfare and operation of the Town during a Declared Emergency. 5. Non -essential employees scheduled for pre -approved leave (i.e. vacation, sick, compensatory time, FMLA, personal day) will have the time deducted from the appropriate accrual bank if they are not called into work. 2-1 December 12, 2016 Page 63 of 99 Agenda Item #3. 6. Employees who are not listed on the "Designated Response Team", but would like to work, must receive approval from the Town Manager and Department Director in order for arrangements to be made for access to their work area. Employees must have constructive work to do during this time. 7. All accruals for vacation and sick will run according to existing Personnel Policies and Procedures. 8. If the declared emergency time period should encompass a holiday, an employee is eligible to receive any applicable holiday pay they are due in addition to any special compensation that is to be paid under the conditions outlined in Sec. C 1 and 2. C. Designation of employees for purpose of establishing pay and compensation: In a manner to be determined by the Town Manager or designee, all town employees (regardless of full-time, exempt or non-exempt status) will be classified into one of the following categories: 1. Essential/Mandatory Personnel These employees are considered essential to the Town's ability to function and provide public services in the event of a Declared Emergency. In the case of such an event the Town Manager or designee will name a Designated Response Team. The Manager or designee will have the sole responsibility of naming, activating and de -activating the Designated Response Team. Under no circumstances may a part-time employee be considered essential unless such personnel perform a uniclue function not capable of being performed by a full-time employee. Employees included in this category will be paid accordingly: a. Exempt Employees — Any employee who is exempt from the overtime provisions will be compensated at 1 '/2 times their calculated hourly rate of pay for all hours worked during the declared emergency pay period including during the total time in "lock -down" up to 24 hours per day. Hourly rates are calculated by dividing annual salary by 2,080. Please refer to Chapter 8 Section 2 Subsection b. b. Non -Exempt Employees — When released from duties by the Town Manager during a Declared Emergency, non-exempt employees will be paid the remainder of scheduled hours at their regular hourly rate of pay "Essential employees" are those who must stay to complete assigned tasks and may be dismissed upon their completion. These employees will be compensated at 1 '/2 times their regular hourly rate of pay for hours worked. At this time, employees that are part of the Designated Response Team (DRT) (Stage II —During Storm) should report to their assigned station. During the "lock -down period" the DRT employees will be compensated at 1 '/2 times their regular hourly rate of pay for the total time in lock -down up to 24 hours per day. The Town Manager or designee will be responsible for determining the lock -down period. With the exception of the "lock down period" no employee shall work for a continuous 24-hour period. 2. Non -Essential Personnel The assistance of these employees is normally not required during periods of a Declared Emergency. When released from duties by the Town 2-2 December 12, 2016 Page 64 of 99 Agenda Item #3. Manager during a Declared Emergency, non -essential employees will be paid the remainder of scheduled hours at their regular hourly rate of pay. Employees included in this category will be paid accordingly: a. Exempt Employees — Will be compensated during the first 2 days of the activation for their regular scheduled hours. If normal operations are not able to resume then these employees may use available Administrative, personal, vacation, or sick time. b. Non -Exempt Employees — Will be compensated during the first 2 days of the activation for their regular scheduled hours. These hours shall be included in the calculation of overtime. If normal operations are not able to resume then these employees may use available compensatory, personal, vacation, or sick time. If the employee has no accrued time available, the Town will grant vacation time in advance to be "repaid" to the Town once the vacation time is accrued up to a maximum of 40 hours. For shift personnel, if the Declared Emergency was a scheduled day off and the employee did not work, no compensation will be paid. 2-3 December 12, 2016 Page 65 of 99 Agenda Item #3. CITY OF DELRAY BEACH ADMINISTRATIVE POLICIES AND PROCEDURES DEPARTMENT: Human Resources POLICY NUMBER: GA-46 SUBJECT: Emergency Conditions Pay SUPERSEDES: Rev. 4 REVISION: 5 EFFECTIVE DATE 11/7/2022 APPROVED BY: C: � 44Terrence R. Moore, ICMA-CM,City Manager PURPOSE The purpose of this policy is to establish Emergency Pay guidelines for City of Delray Beach employees. The implementation of the Emergency Pay Policy will occur automatically upon the declaration of a state of emergency and will be applied to all employees unless otherwise determined by the specific provisions of a Collective Bargaining Agreement. [:I=&II10]ki Fy1111 U M Once a state of emergency has been declared, , the City Manager or designee will determine who will work during periods of declared emergency and/or the Emergency Operations Period. The Emergency Operations Period is defined as the period of time when the City is otherwise closed for regular business due to an emergency event. Employees are required to report and/or remain at work when directed by the City Manager or designee during a declared state of emergency and/or during the Emergency Operations Period. POLICY A. Authority During a declared state of emergency, scheduled vacation leave may be cancelled at the City Manager's or designee's sole discretion. Employees who are already on vacation when the emergency is declared must make every effort to check with their supervisors for further instructions and may be required to report back to work . B. FEMA Requirements For purposes of reporting and or possible reimbursement by the Federal Emergency Management Agency (FEMA), all hours compensated during a declared emergency will be tracked both electronically and on designated timesheets as directed by the City Manager or designee. Other requirements may apply, as determined by the City Manager. C. Reporting Requirements Based on the type of activation, the City may need event. Employees will be notified by their supery Emergency Operations Period. staff before, during, and after an actual emergency sor of their work status and schedule during the Page 66 of 99 Agenda Item #3. Emergency Conditions Pay GA 46 Rev. 5 Page 2 of 3 All employees must report to work as instructed by their supervisors and/or via the designated notification system. If an employee does not report as directed and has not made attempts to contact their supervisor with a valid reason for not reporting, the employee may be subject to disciplinary action, up to and including termination of employment. Employees who are required to work during the Emergency Operations Period may be assigned to other departments, tasks or responsibilities not normally associated with their permanent position. This is necessary for the general welfare and operation of the City during a declared emergency. PROCEDURE A. Emergency Pay for Non -Exempt Staff Non-exempt fulltime employees, who are required to work during a declared emergency and/or are scheduled to work within the Emergency Operations Period at the direction of the City Manager or designee, shall receive time and one-half of their regular rate of pay for actual time worked. Employees who are required to report to and/or remain at a staging area in advance of their actual shift will be paid time and one half pay for all hours they are required to be at a staging location. There will be no duplication or pyramiding of overtime or premium pay for the same hours worked, including, but not limited to call back and standby pay. 2. Non-exempt full-time employees who are regularly scheduled to work but are not required to work during the Emergency Operations Period, will be released from duty and will be paid regular pay during the Emergency Operations Period.. Such employees shall not receive any other pay in addition to this paid emergency leave, whether or not they work remotely during such a period. This emergency leave pay will not count toward overtime calculations. 3. If an employee has a normal scheduled day off during the Emergency Operations Period, he/she will not be paid for those hours. Employees with previously scheduled approved time off who are not required to work will be paid according to the applicable leave time policy. 4. Non-exempt part time employees who are scheduled to work but are not required to work during the during the Emergency Operations Period will be released from duty and will be paid regular pay for the declared emergency time frame, based on their standard schedule. Such employees shall not receive any other pay in addition to this paid emergency leave, whether or not they work remotely during such a period. 5. Non-exempt employees who are approved to work remotely during a declared state of emergency shall not receive more than their regular hourly rate of pay; regular FLSA rules of overtime apply for hours worked in excess of 40. B. Emergency Pay for Exempt Staff 1. Exempt employees who are required to work during a declared emergency and/or are scheduled to work within the Emergency Operations Period at the direction of the City Manager or designee, shall receive time and one-half of their regular rate of pay for actual time worked. Employees who are required to report to and/or remain at a staging area in advance of their Page 67 of 99 Agenda Item #3. Emergency Conditions Pay GA 46 Rev. 5 Page 3 of 3 actual shift will be paid time and one half pay for all hours they are required to be at a staging location. 2. Exempt employees who are regularly scheduled to work but are not required to work during the Emergency Operations Period, will be released from duty and will be paid regular pay for the Emergency Operations Period. Such employees shall not receive any other pay in addition to this paid emergency leave, whether or not they work remotely during such a period. 3. If an exempt employee has a normal scheduled day off during the emergency declared time frame, he/she will not be paid for those hours. Employees with previously scheduled approved time off who are not required to work will be paid according to the applicable leave time policy. 4. Exempt employees who are approved to work remotely during a declared state of emergency shall not receive more than their regular pay. C. Holidays If the declared emergency occurs on a City -observed holiday and the employee is required to work, the employee will receive emergency pay as indicated in Section A or Section B above and will receive eight (8) hours holiday pay. D. Payroll Adjustments During a state of emergency, the City may process payroll based on estimated scheduled hours. Any adjustments in pay, if required, may be made in a subsequent pay period. Full time employees may be paid for their regularly scheduled hours based on their standard workweek. Regular part time employees may be paid based on their standard schedule. Page 68 of 99 Agenda Item #3. Emergency Pay Policy Rev 5 Ig dd Final Audit Report 2022-11-08 Created: 2022-11-08 By: Brenda Vega (VegaB@mydelraybeach.com) Status: Signed Transaction ID: CBJCHBCAABAAJIEb1r51ZZArpE8_9pARIM361pPikgOZ "Emergency Pay Policy Rev 5 Ig dd" History Document created by Brenda Vega (VegaB@mydelraybeach.com) 2022-11-08 - 7:04:01 PM GMT Document emailed to Terrence Moore (moore@mydelraybeach.com) for signature 2022-11-08 - 7:05:01 PM GMT 761 Email viewed by Terrence Moore (moore@mydelraybeach.com) 2022-11-08 - 7:58:25 PM GMT ba Document e-signed by Terrence Moore (moore@mydelraybeach.com) Signature Date: 2022-11-08 - 7:58:30 PM GMT - Time Source: server Agreement completed. 2022-11-08 - 7:58:30 PM GMT Powered by Adobe Acrobat Sign Page 69 of 99