HomeMy WebLinkAbout31-18 RESOLUTION 31-18
A RESOLUTION OF THE CITY COUNCIL OF THE
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TOWN OF LOS ALTOS HILLS APPROVING CHANGES TO THE EMPLOYEE
HANDBOOK TO ALLOW OVERTIME COMPENSATION TO EXEMPT EMPLOYEES
DURING A PROCLAIMED EMERGENCY
WHEREAS, during a proclaimed emergency, staff may be required to work long hours on
consecutive days;
WHEREAS, all employees are Disaster Service Workers and are required to come to work or stay
at work for twenty-four hours per day, seven days a week, if needed, to support disaster response;
and
WHEREAS,exempt employees are impacted by this requirement due to the roles they lead in the
emergency operations center and are not paid overtime; and
WHEREAS, based on lessons learned in other cities during disasters, it is in the Town's best
interest to compensate all employees who are required to support the community response to
disasters; and
NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby authorize the
amendment to the Personnel Rules and Regulations as provided in Attachment 1.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 19th day of April, 2018 by the following vote:
AYES: Radford, Spreen, Corrigan, Waldeck, Wu
NOES: None
ABSENT: None
ABSTAIN: None
,„„0.,
/
BY:
rohn Radford, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 31-18 Page 1
Attachment 1
Addition to the Personnel Rules and Regulations and Employee Classification and
Compensation Plan Section 7.4
Existing wording
The Town has determined that various executive, administrative and/or professional employees
are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). Employees
in the following job classifications are considered exempt:
• City Manager
• City Clerk
• Administrative Services Director(Finance Director)
• Planning Director
• Public Works Director/City Engineer
• Public Safety Officer
• Barn Manager
• Finance Manager
Proposed additional wording
Notwithstanding, in the event that the existence or threatened existence of a "local emergency" is
proclaimed in accordance with Title 4, Chapter 1, section 4-1.08 of the Municipal Code, and/or a
disaster or a state of emergency that affects the Town of Los Altos Hills is proclaimed by the
County of Santa Clara, the State of California, or declared by the President, exempt employees
shall be paid overtime for the hours that they work as official Disaster Service Workers
performing functions related to emergency response activities as follows.
Exempt employees shall be paid "Emergency Overtime"for each hour worked in a proclaimed/
declared emergency performing disaster response activities so long as the hour, when combined
with the hours of the employee's regular work in the same work week, exceeds 40 hours. For
example, if an employee actually works a total of fewer than 40 hours of combined regular work
and disaster relief work in the applicable week (e.g. due to vacation or sick leave taken that same
week), the employee would not be entitled to any emergency overtime. And, regardless of
whether an employee worked 40, 45 or 50 hours of regular work in the same week in which the
employee also worked 10 hours of disaster relief, the employee would be entitled to 10 hours of
emergency overtime. The EOC Director,working with Human Resources shall strive to ensure
overtime is equitably assigned to all qualified personnel.
Emergency Overtime shall be paid at the straight time base hourly rate of pay. The hourly rate
of pay shall be calculated by dividing the exempt employee's current monthly salary by 173.33
(straight time).
This method of accounting for"Exempt Employee Disaster Overtime Pay" shall be followed in
all disasters, proclaimed or declared at any level.
Emergency Overtime will be paid until such time as the imminent threat to life safety,public
health and/or improved property shall cease to exist. The EOC Director shall determine the
Resolution 31-18 Page 2
termination date of emergency overtime based on emergency circumstances for a specific
disaster proclamation. In any case disaster overtime shall not be paid when the Emergency
Operations Center ceases to operate.
If a request for Mutual Aid is received and an exempt employee is assigned to be a Disaster
Service Worker in another jurisdiction, exempt employee compensation will be based on the
Mutual Aid or Assistance for Hire agreement established for that specific event, and not subject
to this policy.
(FEMA Public Assistance and Program Guide 2018
Resolution 31-18 Page 3