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2005-116 Amends Pay Plan - Civil Emergency Employee Compension• RESOLUTION 116-2005 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 12 OF THE COMPREHENSIVE PAY AND CLASSIFICATION PLAN 2005/2006 PROVIDING FOR COMPENSATION TO VILLAGE EMPLOYEES DURING PERIODS OF CIVIL EMERGENCY; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Section 12. Call Back Emergency Pay of the Village of North Palm Beach Comprehensive Pay and Classification Plan 2005/2006 is hereby amended to read as follows: "SECTION 12. CALL BACK AND CIVIL EMERGENCY PAY Call Back Pay: An hourly employee called back to work outsidehis/her regularly scheduled hours due to an emergency or other urgent situation, that does not include a declared state of local civil emergency, shall be paid for actual time worked at the regular pay rate (or overtime rate if eligible) or a minimum of two hours, whichever is greater. No employee is entitled to nor shall receive standby pay or call back pay during a period of declared local emergency as outlined below. Civil Emergency ~k Regular, part-time and seasonal employees who are released from work or who are retained or called back to perform Village work during the threat or occurrence of a hurricane, severe storm, civil disaster, or other emergency conditions affecting the Village of North Palm Beach shall be entitled to civil emergency pay as outlined below. A local emergency shall be deemed to have commenced when the Village Council or Village Manager files with the Village Clerk a declaration of local state of local emergency. Immediately following such declaration, the Village Manager (or designee) will inform each Village department and office in as timely a manner as possible that a state of civil emergency is in effect. The provisions of this Civil Emergency Pay Policy shall become effective immediately following the declaration of a state of emergency and are considered from that point to take precedence over all other Personnel Rules and Regulations, policies, resolutions, of the Village ofNorth Palm Beach in the matters of pay, compensation, and leave as hereinafter set forth. The provisions of this Civil Emergency Pay Policy shall apply for the entire time period during which the declared state of emergency exists. Designation of employees for purposes of establishing pay and compensation: • A. In a manner to be determined by the Village Manager or his/her acting 1 • designee, all Village employees (regardless offull-time, part-time, seasonal, exempt or non- exempt status) will be classified into one of the following three categories: A = EssentiaUMandatory Personnel The assistance of these employees is considered essential to the Village'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" (EssentiaUMandatory Personnel) are expected to report for work at the beginning oftheir 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 maybe 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 maybe 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; 2. Be available to respond to call back assignments as directed; and 3. Be prepared to work any overtime hours that may be required in advance of or following an emergency event. G. The Village of North Palm Beach 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 Village • management to address the civil emergency. 2 • An employee who is directed to report for work durin a declared civil emer enc ,and fails g g Y 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. Employee compensation. A. Any employee classified as either "A" (EssentiaUMandatory) 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's 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 unti15:00 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 j. 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 ofthe Fair Labor Standards Act, except the Village 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. 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:OOA.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). 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. 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. 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 • Village'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 ofhis/her decision as soon as possible. All employees who request sick leave immediately prior to, during, or in recovery from a declared emergency may be required by the department 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 maybe made available under the provisions of this policy. 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 to under the conditions outlined above. Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. Should any section or provision of this Resolution or any portion thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Resolution. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED THIS 8th DAY OF DECEMBER 2005. ~~, %%/ r' ~':~ ` ' MAYOR .« ,., . ~, >~ ATTEST:" '~ ,~~`~ ~i~%C VILLAGE CLERK • 4