2013-14 Code Amendment - Exempt Employee Emergency Duty CompensationORDINANCE NO. 2013-14
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING CHAPTER 8, "EMERGENCY
MANAGEMENT," OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A
NEW ARTICLE III, "EXEMPT EMPLOYEE EMERGENCY DUTY" TO PROVIDE
FOR THE COMPENSATION OF EXEMPT EMPLOYEES WHO PERFORM
DISASTER - RELATED EMERGENCY WORK DURING A DECLARED STATE OF
EMERGENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council recognizes the benefit of paying exempt employees Emergency Duty
Compensation when a local state of emergency has been declared within the Village and wishes to provide
for exempt employee emergency duty compensation in conformance with state and federal law; and
WHEREAS, the Village Council determines that the adoption of this Ordinance will encourage exempt
employees to report to work during a state of emergency for the protection of the Village and its
works, property, equipment and facilities and therefore benefits the health, safety and welfare of the
residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are
incorporated herein.
Section 2. The Village Council hereby amends Chapter 8, "Emergency Management," of the
Village Code of Ordinances to adopt a new Article III, "Exempt Employee Emergency Duty," to read
as follows (additional language underlined):
ARTICLE III. EXEMPT EMPLOYEE EMERGENCY DUTY
Sec. 8 -31. Exempt Emplovee Emergency Duty Compensation.
La) Eligible employees. Eligible employees include all full -time exempt employees
who are required to perform disaster - related emergency work after a local state of emergency
has been declared pursuant to section 8 -5 of this chapter. The terms "exempt" or "non- exempt"
as used in this section shall be defined under the Fair Labor Standards Act as amended from
time to time.
Disaster - related emergency work. Disaster - related emergency work shall be
defined to include emergency protective measures and debris removal. No other work shall be
considered disaster - related emergency work. Examples include in accordance with Federal
Emergency anagement Agency ( FEMA) guidelines as amended from time to time the following:
Emergency protective measures include those activities undertaken before
during and following a disaster that are necessary to save lives protect public
health and safety, and prevent damage to improved public or rip �vate property.
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Examples of such activities include: search and rescue; security forces;
emergency medical care; emergency mass care and shelter when such cannot be
provided by volunteer agencies; security in the disaster area to include the
alerting of public dangers by setting up barricades or other warning devices;
provision of food, water, ice, and other essential needs at central distribution
points for local citizens; provision of temporary facilities such as temporary
bridges or road detours for essential community services; and removal of health
and safety hazards.
Debris removal activities include the clearance of trees and woody debris
building wreckage, sand, mud, silt, and gravel, vehicles and other disaster -
related material. These activities must be necessary to eliminate immediate
threats to lives, public health and safety, eliminate immediate threats of
significant damage to improved public or private property, to the extent such
removal is the legal responsibility of the village; or ensure economic recovery of
the village to the benefit of the community-at-large.
O Method of calculation and payment.
LU Exempt full -time employees shall receive emergency duty compensation at their
hourly rate under the circumstances outlined in this section. This hourly rate
shall be in addition to the exempt employee's regular salary_
Q Because exempt employees are paid on a salary basis, the hourly rate referenced
in subsection (c)(1) above shall be defined as the employee's annual salary
divided by 2080. The employee's annual salary for the purposes of this
calculation shall be the employee's annual base salary at the time the disaster -
related emergency work was performed.
The emergency duty compensation shall be calculated beginning in the
workweek during which a local state of emergency is declared which covers the
lands within the village.
Emergency duty compensation pay shall only be authorized by the village
manager for hours worked on disaster - related emergency work in excess of fort y
(40) hours during the workweek. Paid or unpaid time off under any of the
village's leave policies shall not be considered hours worked.
Eligible employees shall receive the emergency duty compensation pay only
upon submitting a signed time sheet, reflecting actual hours worked during the
week(s) in which a state of emergency existed and verification reflecting the
type and manner of disaster - related work performed to the director of human
resources. Said time sheet must also be signed by the employee's supervisor or
the village manager, as applicable, requiring the employee to perform disaster -
related emergency work prior to submitting same to the director of human
resources. Failure of the eligible employee to submit the signed time sheet and
verification within two (2) business days of the conclusion of each workweek
for which a state of emergency exists may cause delay in n payment of such
emergency duty compensation. Failure of the eligible employee to submit the
signed time sheet and verification within twenty (20) calendar days of the
conclusion of each workweek for which a state of emergency exists shall result
in the eligible eMployee forfeiting such emergency duty compensation.
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Anyemergencduty compensation payments made pursuant to this section shall
not be construed to alter the exempt status of the employee. Regardless of any
emergency duty compensation payments made pursuant to this section, each
exempt employee guaranteed his or her regular salary, which is at least
$455.00 per week pursuant to 29 C.F.R. Section 541.604(a), as amended from
time to time.
Emergency compensation payments shall be subject to all applicable and
lawful deductions.
Emergency duty compensation payments shall be made in accordance with this
section without regard to whether such payments ultimately maw
reimbursable from other sources, such as public assistance grants through
FEMA or other agencies.
Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for any
reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict, including, but not limited to, the
Comprehensive Pay Plan in effect for the current fiscal year.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 12th DAY OF SEPTEMBER, 2013.
PLACED ON SECOND, FINAL READING AND PASSED THIS 26th DAY OF SEPTEMBER, 2013.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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MAYOR