HomeMy WebLinkAboutResolution No. 08-C103E
RESOLUTION NO. 08-C103
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING AN EMERGENCY PAY POLICY FOR EXEMPT
EMPLOYEES WORKING OVERTIME IN RESPONSE TO A MAJOR
DISASTER OR MAJOR EMERGENCY DECLARED BY THE
PRESIDENT OF THE UNITED STATES
WHEREAS, the City of Azusa ("City") is authorized under Article XI, Section 7 of the
California Constitution to make and enforce within its limits all local, police, sanitary and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, in response to major disasters or major emergencies declared by the
President of the United States, employees from the City may be called upon to perform duties
and functions beyond their normal work schedules; and
WHEREAS, some of these City employees are considered "exempt' under the Fair Labor
Standards Act and are thus normally not eligible to receive overtime pay; and
WHEREAS, in order to be fair and equitable, the City Council wishes to adopt a policy to
provide emergency pay to exempt City employees who work overtime during major disasters or
major emergencies declared by the President of the United States and who would not otherwise
be entitled to additional compensation such as overtime pay; and
WHEREAS, providing emergency pay to exempt City employees for working overtime
during declared major disasters or emergencies will both encourage and reward support and
response efforts which will benefit the community; and
WHEREAS, expending City funds to compensate exempt City employees in these unique
situations shall serve a public purpose by providing the City and its residents with support and
response efforts at critical times.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals are incorporated herein and made an operative part of
this Resolution.
SECTION 2. Approval. The City Council does hereby approve emergency pay to exempt
City employees for any overtime hours worked to assist the City in responding to a major disaster or
major emergency declared by the President of the United States. Emergency pay will be calculated
as set forth in Exhibit "A" attached hereto and incorporated herein and as revised by the City Council
through a resolution adopted from time to time.
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SECTION 3. Severability. If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected thereby and, to this end, the provisions of this
Resolution are severable.
SECTION 4. Effective Date. This Resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF NOVEMBER 2008.
JOSEPff R. ROCHA, MAYOR
Vp
VERA D•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, DO HEREBY CERTIFY that the
foregoing Resolution No. 08 -Cl 03 was duly passed, approved, and adopted by the City Council,
at a regular meeting of said City held on the 3`d day of November, 2008, by the following vote of
the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
VERA MENDOZA, CITY CL
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
CITY ATTORNEY
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EXIIIBIT "A"
EMERGENCY PAY CALCULATION
(lD(EMVT EMPLOYEES)
Emergency Pay. The City shall provide its employees who are considered "exempt' under the
Fair Labor Standards Act with emergency pay for every hour worked in excess of forty (40) hours
during their normal work week when responding to a local, state or federal disaster or state of
emergency. Emergency pay shall only be provided for performing essential services as approved by
the City Manager in his or her discretion. Emergency pay will be calculated by the hour at the
regular hourly rate paid to the employee at the time a major disaster or major emergency is declared.
All emergency pay shall cease when the City Manager has determined in his or her discretion that the
need for disaster or emergency response has ended.
Documentation. To assist the Federal Emergency Management Agency .(FEMA)
reimbursement process, exempt employees receiving emergency pay under this Resolution shall
maintain accurate and detailed documentation defining the duties performed and the hours worked.
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