R-1005-00 Resolution No. 1005-00
A RESOLUTION OF THE MIAMI SHORES VILLAGE
COUNCIL IMPLEMENTING NEW DIRECTIVES,POLICIES,
AND PROCEDURES REGARDING OVERTIME AND
RELATED PERSONNEL COSTS FOR EXEMPT
EMPLOYEES DURING TIMES OF EMERGENCIES OR
NATURAL DISASTERS; REPEALING ALL OTHER
RELATED RESOLUTIONS; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village submitted reimbursement requests for personnel costs incurred
during Hurricane Irene for exempt employees; and,
WHEREAS,the Village did not have a legislative directive providing clear policies regarding
the payment of those costs rendered by exempt employees; and,
WHEREAS,this policy was not in effect prior to the last emergency declaration(Hurricane
Irene), resulting in the denial of Village reimbursements requests by the Federal Emergency
Management Agency(FEMA); and,
WHEREAS,the FEMA representatives assigned to the Village advised the Administration
that if a legislative policy delineating the criteria for payment of disaster-related exempt personnel
costs were adopted, consideration could be given for reimbursement; and,
WHEREAS,the Administration has determined that this resolution will be in the Village's
best interest and fiscally prudent for future disasters or emergencies.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MIAMI SHORES
VILLAGE COUNCIL,that:
Section 1: Upon declaration of emergencies or natural disasters by appropriate state or
federal agencies,the Village Manager will have the authority to direct exempt employees to perform
essential services exceeding their respective base or standard working hours.
Section 2: Under emergency or disaster conditions, Village employees exempt for
overtime compensation under the Fair Labor Standards Act regulations,maybe eligible for cash or
in-kind compensation for their services at a rate to be determined by the Village Manager or their
designee, but at no time shall that overtime rate exceed one and one-half times their standard
compensation applied to 40 hours weekly.
Section 3: These supplemental services and related overtime expenditure regulations will
be effective during emergencies or natural disasters each year concurrent with the nationally-
recognized hurricane season(June 1st through November 30`' of each year).
Section 4: These costs will only be provided to exempt employees under the rules,
regulations, conditions and provisions whereby the Village would be eligible to submit
reimbursement of those costs to appropriate state or federal Agencies(such as the State Department
of Emergency Management or the Federal Emergency Management Agency-FEMA -), or to one
of the Village's insurance policies providing supplemental coverage.
Section 5: The Village Manager, with the consent of the Village Council, may extend
these policies into the remainder of the year should special circumstances arise, including but not
limited to storms which occur on the last date of designated authorization period resulting in services
being rendered beyond that period,or should other health,welfare or public safety-related emergency
conditions arise outside the previously designated authorization period.
Section 6: This resolution has no impact on the currently negotiated agreements between
the Village and the Police Benevolent Association and Federation of Public Employees.
Section 7: This Resolution will become effective upon its adoption.
PASSED and ADOPTED this 1 S`day of February, 2000.
_ZA,
Mark Ulmer, Mayor
Attest: Legal Approved as to Form:
Barbara Fu az 1 Richard Sarafan, Esq.
Village Clerk Village Attorney