05-036
II I
1 ORDINANCE NO. 05- O:;Co
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 2. ADMINISTRATION,
5 ADDING A NEW ARTICLE XIII "CIVIL EMERGENCIES-
6 EMPLOYEE COMPENSATION"; PROVIDING FOR
7 COMPENSATION TO CITY EMPLOYEES DURING
8 PERIODS OF CIVIL EMERGENCY; AND PROVIDING
9 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
10 AN EFF'ECTIVE DATE.
11
12 WHEREAS, the City Commission finds that the men and women employed by the
13 City hold a special duty to the residents, property owners, and business owners in the City
14 who, by payment of taxes contribute the wages and benefits received by City employees; and
15 WHEREAS, the residents, property owners, and business owners in the City have a
16 reasonable expectation that City employees will work to maintain basic City services before,
17 during and after periods of civil emergencies; and
18 WHEREAS, the declaration of a civil emergency constitutes exigent circumstances
19 that warrant temporary unilateral modification of the tenns and conditions of City
20 employment, including, but not limited to hours of work, wages, conditions of employment
21 and other customary benefits; and
22 WHEREAS, the number and level of participation of City employees needed to
23 maintain City services during periods of civil emergency cannot be detennined in advance, but
24 is dependent on the unique circumstances of each emergency; and
25 WHEREAS, the employees of the City have a reasonable expectation that their
26 compensation and benefits will be maintained during periods of emergency to the extent that it
1
S:\CA\Ordinances\Emergency Emplovee compensation 2nd read.docS:T.\'Ordinances'Emergency [mplo)ee compensati01uloc I
I
II I
1 is fiscally responsible for the City to do so; and
2 WHEREAS, the City Manager as Chief Executive Officer of the City has the inherent
3 Charter authority to manage the City during periods of civic emergency and to make
4 operational decisions regarding the temporary release or retention of City employees before,
5 during and after those emergencies.
6 WHEREAS, the City Commission finds it is in the best interest of the citizens,
7 property owners, business owners, and employees of the City to establish basic guidelines for
8 assignment of City employees to the tasks necessary to provide the public with basic services
9 during periods of emergency and to provide for temporary adjustment to customary work
10 activity and compensation.
11 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
12 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
13 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as
14 being true and correct findings of the City Commission and are hereby made a specific part of
15 this Ordinance upon adoption hereof.
16 Section 2. Chapter 2 of the Code of Ordinances is amended to add a new Article
17 XII to read as follows:
18 Sec 12-1. Purpose.
19 To establish levels of compensation for regular. part-time and seasonal
20 employees who are released from work or who are retained or called back to
21 perfonn City work during the threat or occurrence of a hurricane, severe
2
S:\CA\Ordinances\Emergency Emplovee compensation 2nd read.docS:'C\'Ordil'1!lI1€ec'EmergeA€)' Employee €Offip€Asatiofl.do€ I
I r I
1 stonn, civil disaster, or other emergency conditions affecting the City Of
2 Boynton Beach.
3 Sec 12-2. Local State of Emergency.
4 The provisions of this Ordinance for a declaration of a local state of
5 emergency is for administrative purposes only and supplements the other
6 provisions of law, as set forth in City Charter, Code or state law, for the
7 declaration of emergencies. Accordingly, this Ordinance shall be construed to
8 supplement the provisions of the Charter, the Code and state law and in the
9 event of a conflict the provision of Charter, Code or state law shall prevail.
10 A local emergency shall be deemed to have commenced when the
11 City Manager (or an acting City Manager when the City Manager is not
12 available to act) files with the City Clerk a declaration that the City is in a
13 state of local emergency. The Declaration of Emergency shall reference this
14 Ordinance. Immediately following such declaration, the City Manager (or
15 Acting City Manager) will infonn each City department and office in as timely
16 a manner as possible by written or electronic communication that a state of
17 civil emergency is in effect. The state of local civil emergency shall continue
18 in effect until rescinded in writing by the City Manager (or Acting City
19 Manager), filed with the City Clerk.
20 Sec. 12-3. Authority and duration of Emergency Pay Policy coverage.
3
S:\CA\Ordinances\Emergencv Employee compensation 2nd read.docS:'C,\'OràiRanee[;'J:mergcRey EmfJlo)ee compeRsatioR.doc I
II I
1 The provisions of this Emergency Pay Policy shall become effective
2 immediately following the declaration of a state of civil emergency by the City
3 Manager, and are considered from that point to take precedence over all other
4 Personnel Rules and Regulations, policies, ordinances and collective
5 bargaining agreements of the City of Boynton Beach in the matters of pay,
6 compensation and leave as hereinafter set forth. The provisions of this
7 Emergency Pay Policy shall apply for the entire time period during which the
8 declared state of civil emergency exists, as detennined by the City Manager.
9 Sec 12-4. Designation of employees for purposes of establishing pay and
10 compensation.
11
12 A. In a manner to be detennined by the City Manager or hislher
13 acting designee, all City employees (regardless of full-time, part-time,
14 seasonal, exempt or non-exempt status) will be classified into one of the
15 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 III the event of a civil
emergency.
4
S:\CA\Ordinances\Emergency EmDloyee compensation 2nd read,docS:\C:\\Ordil1£mees'F.mergl"ßey Emplo)ee el1m¡¡eßsation.doc I
II I
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
nonnally not required during a civil
emergency event.
1 B. Employees who are classified as category "A"
2 (EssentiallMandatory Personnel) are expected to report for work at the
3 beginning of their assigned shift, work their entire shift. and be prepared to
4 work any overtime hours as may be required under emergency conditions.
5 C. Category "A" employees may also be required to report for
6 work on unscheduled days or hours, and should be prepared to perfonn tasks
7 outside their nonnal scope of duties. Category "A" employees may be
8 required to remain at a designated facility during some portion of the
9 emergency event.
10 D. Employees who are classified as category "B" (Essential
11 Personnel) should be prepared to report for work, and should be prepared to
12 work any overtime hours if required to do so.
5
S:\CA\Ordinances\Emergencv EmDlovee comDensation 2nd read.doo:;S:\C,\\Ordinanees' Emergeney Emplo)ee compensation.doc I
" I
1 E. Category "B" employees may also be required to report for
2 work on unscheduled days or hours, and should be prepared to perfonn tasks
3 outside their nonnal scope of duties. Cate€!ory "B" employees may be
4 required to remain at a designated facility during some portion of the
5 emergency event.
6 F. Employees who are classified as category "C" (Non-Essential
7 Personnel) may be released from their nonnal work duties and schedules as
8 circumstances dictate, subiect to the following conditions:
9
10 I. the employee is to remain in periodic contact with their
11 supervisor or other designated representatives in accordance
12 with departmental procedures;
13 2. be available to respond to call back assignments as directed;
14 and
15 3. be prepared to work any overtime hours that may be required in
16 advance of or following an emergency event.
17
18 G. The City of Boynton Beach retains the right to change at any
19 time an employee's designation (as either "A", "B" or "C"), based upon the
20 tyPe of civil emer€!ency that exists, and upon the level or stage of response that
21 is deemed appropriate by City management to address the civil emergency.
6
S:\CA\Ordinances\EmeTlzencY Emplovee compensation 2nd read.docS:IC^.'ÜnliRuncel;\EmergeRey ErRJ3]oyee compeRsatl0n.doe I
II ,
1 Sec 12-5. Duty to Work
2 An employee who is directed to report for work during a declared civil
3 emergency, and fails to do so, is subiect to being disciplined, up to and
4 including tennination. In addition to any disciplinary action, the employee
5 shall forfeit any compensation payable under these policies, except
6 compensation for hours actually worked.
7 Sec 12-6. Employee compensation.
8 A. Any employee classified as either "A" (EssentiallMandatory) or
9 "B" (Essential), who is not exempt from the overtime provisions of the Fair
10 Labor Standards Act, will be compensated as follows during a period of local
11 emergency:
12 1. The employee will be paid their regular compensation of all hours they
13 are scheduled for work, but released from work.
14 Example: If an employee's is scheduled to work from 8:00
15 A.M. to 5:00 P.M., but is released from work at 3:00 P.M., the
16 employee will be paid as though the employee worked until
17 5:00 P.M., however, only those hours actually worked will be
18 counted for overtime purposes.
19 2. The employee will be compensated at a premium rate of double their
20 regular base rate of pay for all hours actually worked, including hours
21 which would otherwise qualify for overtime pay (time and one-half).
7
S:\CA \Ordinances\Emergency Emplovee compensation 2nd read,docS :'c,\ 'On4inRneel" Emergeney Employee compensation.doe I
" I
1 Example: If an employee who earns $10.00 an hour is
2 scheduled and required to work at 8:00 A.M. but a local
3 emergency was declared at 7:00 A.M., the employee shall be
4 ~id $20.00 an hour for all hours actually worked until the local
5 emergency ends.
6 3. Any employee who is exempt from the overtime provisions of the Fair
7 Labor Standards Act, except the City Manager, will be compensated as
8 follows: the employee will be paid their regular weekly pay plus one
9 ( 1 ) hour of straight time for each hour of work over 40 hours 1 of work
10 provided each hour of additional pay corresponds to an hour worked
11 during the period of emergency.
12 Example: If a local state of emergency takes effect 8:00 a.m. on a Tuesday
13 and ends 8:00 a.m. on Wednesday and the exempt employee is required to
14 spend Tuesday night in the Emergency Operations Center (5:00 p.m.
15 Tuesday to 8:00 a.m. Wednesday), the employee is entitled to 15 hours of
16 additional pay at straight time, provided they work the balance of their
17 ordinary work week (Monday through Friday).
18 Sec 12-7. Standby and Call back pay
19 No employee is entitled to nor shall receive standby payor call back
20 pay during a period of local emergency.
1 It is presumed. solely for the sake of the calculation of emerQency pay. that an exempt status I
employee works an averaQe of 40 hours per work week.
8
S:\CA\Ordinances\Emerl!:ency EmDlovee comDensation 2nd read,doc8:\C\'OrdiRalìser;\EmergeAey En'lployee cOA1pelìsatÜJIì.doe I
II ,
1 Sec 12-8. Record Keeping.
2 All employees are responsible for keeping accurate time logs/records
3 for hours worked during a declared state of emergency. The submission of a
4 request for compensation for time worked when the employee did not actually
5 work during a period of local emergency is grounds for tennination of
6 employment.
7 Sec 12·-9. Handling of leave requests during a declared emergency.
8 Leave requests approved prior to a declared emergency will be
9 honored if, in the opinion of the employee's department director, the
10 employee's absence will not adversely effect the City's ability to effectively
11 respond to the emergency. However, all employees are subiect to having
12 previously approved leave cancelled, and new requests for leave denied, based
13 upon an overriding organizational need to have the employee report for duty to
14 fulfill their iob assignments during an emergency. Any off-duty employee
15 who anticipates being unavailable to respond to a call back assignment
16 associated with an emergency has a responsibility to discuss their plans with
17 their department director and request to be relieved from call back
18 responsibilities for the anticipated duration of the emergency. The department
19 director will evaluate the employee's reasons for the request to be relieved of
20 possible call back responsibilities and notify the employee of hislher decision
21 as soon as possible. All employees who request sick leave immediately prior
9
S:\CA \Ordinances\Emerg:ency Employee compensation 2nd read,doc&\C:\ \OnJiflRflees',EmergeRey ErRjJlø) 6tJ eomjJtJRsRtioR.doc I
II .
1 to, during, or in recovery from a declared emergency may be required by the
2 department director to submit appropriate medical documentation to verify
3 their sick leave request.
4 Special Note: An employee who is on a previously approved leave that was not
5 revoked prior to the specified civil emergency time period is not eligible for
6 administrative leave with payor any other fonn of special compensation that may be
7 made available under the provisions of this policy.
8 Sec 12-10 Holiday Pay.
9 If the declared emergency time period should encompass a holiday, an
10 employee is eligible to receive any applicable holiday pay they are due in addition to
11 any special compensation that is to be paid to under the conditions outlined in Section
12 5 above.
13 Sec 12-11. Suspension of other compensation rules
14 During periods of declared local emergencies, the provisions of this ordinance
15 supersede all other provisions for scheduling and compensation set forth in any other
16 local rule, regulation, ordinance or collective bargaining agreement.
17 Section 3. All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19 Section 4. Should any section or provision of this ordinance or any portion thereof
20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
21 the remainder of this ordinance.
10
S:\CA \Ordinances\Emergency Emplovee compensation 2nd read,docS :\C;\ 'OrdiARAees' FmergeRey F!T-lj3lø:,ee eom JeAsRtioA.doc I
II I
1 Section 5. Authority is hereby given to codify this Ordinance.
I
2 i Section 6. This ordinance shall become effective immediately upon passage.
I
3
4 FIRST READING this ~ day of July, 2005.
5
~ SECOND, FINAL READING AND PASSAGE this J.:L day of ~, 2005.
8
9 CITY OF BOYNTON BEACH, FLORIDA
10
11
12
13
14
15
16
17 ---
18
19
20
21 ~_ . /
~~ ATTEST: ~
24
25
26
11
S:\CA\Ordinances\Emergency EmDloyee comDensation 2nd read.docS:\C.\'Ordinlffiee::'.EmergeRey [¡1'Ißlo)ee compeRsation.doc I