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RESO 2010-26 - State of emergency compensationRESOLUTION NO. 2010-26 A RESOLUTION OF THE CITY OF THE CITY OF HUNTSVILLE , TEXAS AUTHORIZING EXEMPT EMPLOYEES TO BE COMPENSATED FOR ALL HOURS WORKED DURING A GOVERNOR DECLARED STATE OF EMERGENCY WHEREAS, certain employees of the City of Huntsville are classified as exempt and under City of Huntsville employees personnel policies generally are not eligible for additional pay for hours worked in excess of a 40 hour work week, WHEREAS, the City of the City of Huntsville desires to compensate exempt employees for the time when those employees are working in an approved overtime capacity to support a disaster during a governor declared state of emergency, NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that: Section 1. That the City of Huntsville exempt employees shall be eligible for pay for all hours worked during a governor declared state, of emergency as outlined in Attachment A to this Resolution. Section 2. That the meeting at which this Resolution was passed was conducted in strict compliance with the Texas Open Meetings Act (Texas Government Code Chapter 551). Section 3. That all other prior resolutions or portions of resolution of the City of Huntsville in conflict with the terms and provisions of this resolution are hereby repealed to the extent of such conflict only. Section 4. That the repeal of any resolution or portion of a resolution by this resolution shall not affect the validity of any pending enforcement action or fees outstanding and due and payable for services rendered on or before the effective date of this resolution. Section 5. That this resolution shall be effective retroactive beginning the 4t day of May, 2010: PASSED AND APPROVED this 4th day of May, 2010. THE CI HUNTSVILLE J. Turner, ayor - v .. e. — [`r VAN §•,' h �y p. .w{Sp y..' v .. e. — [`r b y..' ATTACHMENT A TO RESOLUTION NO. 2010-26 PAY FOR EXEMPT EMPLOYEES DURING A GOVERNOR DECLARED STATE OF EMERGENCY While the FLSA does not require the payment of overtime to employees in exempt positions, and the City will not generally compensate those employees for overtime, there are rare circumstances under which certain employees in exempt positions may be granted special overtime pay under the following terms: The City will provide additional compensation to exempt employees working in support of a disaster during a governor declared state of emergency, under the guidelines provided below. These guidelines are consistent with State and Federal Regulations. These guidelines recognize that it is the public interest that high- ranking staff from the City will participate in activations in response to emergencies. These guidelines also recognize that: • The exempt status of these employees under the Fair Labor Standards Act (FLSA) is not compromised by additions to compensation from these sporadic and infrequent events. (The thrust of FLSA addresses the loss of exempt status when a salaried employee is subject to deductions from salary, not additions to salary.) • Additional compensation does not conflict with the FLSA salary basis of pay, and, therefore, does not compromise the exempt status. • Performance of non - exempt work under occasional emergency conditions will not be cause for these employees to lose exempt status. • Participation in declared disaster activation under this Plan causes exempt employees to endure significant hardship. • Internal equity issues arise when non - exempt subordinate employees are compensated more than their exempt supervisors during these infrequent events. • Activation for these events is above and beyond the normally - assigned duties. This policy does not apply to City Charter Officers, directors, an or contract employees. • The benefit to the community from the knowledge and experience gained by exempt employees participating in these events far outweighs other concerns. Guidelines for payment of additional compensation to exempt employees during a governor declared state of emergency: • The state of emergency must be declared in accordance with this plan. • The duration of the governor declared state of emergency must exceed twelve (12) hours. • The exempt employee must be activated as staff for the Emergency Operations Center, a Department Operations Center, an Incident Management Team, an Incident Command Post, a Liaison Officer at another agency, or as a field worker in direct support of the incident. • Compensation at straight time hourly rate will be paid for hours activated during normally scheduled hours of work as well as for all time engaged in support of the governor declared state of emergency outside the normal work schedule of that employee. • The employee shall verify the hours worked on an approved form by the City.