PA ID# 000-92004; California Department of Water Resources
DSR ID# 98686,98688; Force Account Straight Time Charges
Citation: Appeal Brief; Second Appeal; California Department of Water Resources; FEMA-1155-DR-CA; PA #000-92004
Cross Reference: DSRs 98686 and 98688; Force Account Labor; Straight-Time Labor Costs; Special Exception, Non-State Funded; Category B;
Summary: As a result of late winter storms of 1996, the California Department of Water Resources (DWR) performed flood fighting efforts using State Water Project (SWP) personnel. FEMA approved DSRs 98686 and 98688 for $244,443 and $174,644 to fund force account labor, equipment and materials for sandbagging, search and rescue and patrolling of levees owned and maintained by DWR. During review, it was determined that SWP personnel were State employees and the amount of their regular-time salaries totaling $23,856 had been deducted from the DSRs. With the first appeal, the DWR indicated that the straight-time salaries should be eligible because State Water Project Contractors, rather than taxpayers of the State, fund the SWP. The appeal requested $5,212 for DSR 98688 and $18,644 for DSR 98688. The Regional Director denied the appeal because the straight-time or regular-time salaries and benefits of the SWP permanently employed personnel are not eligible in calculating the cost of eligible emergency work (44 CFR 206.228 (a)(4)). The State forwarded the second appeal on May 20, 1999 requesting a total of $23,856. The basis of the appeal is that the work was completed by the specially funded personnel (SWP), which was more cost effective than "off the street" hires and it required additional cost to be incurred by the State. Additionally, the payment of their regular-time salaries should be an exception to the force account regulation. No additional documentation was submitted other than a request for an exception to the force account regulation, as was granted to Los Angeles for the Northridge Earthquake, because the use of SWP personnel is more cost effective.
Are the SWP full time state employees?
Should an exception to the force account regulation be provided?
Yes. Even though the SWP are funded from special funds, they are full-time State employees and covered by the force account regulations.
No. The exception granted to the City of Los Angeles was a one-time special exception that was based on extraordinary circumstances.