PA ID# 000-92006; California Highway Patrol
DSR ID# 16295, 19441; Backfill Overtime Labor and Vehicle Costs
October 2, 2002
Mr. D. A. Christian Governor's Authorized Representative Governor's Office of Emergency Services P.O. Box 419023 Rancho Cordova, California 95741-9023
Re: Second Appeal – California Highway Patrol, PA-ID # 000-92006,Backfill Overtime Labor and Vehicle Costs, FEMA-942-DR-CA, DSRs 16295 & 19441 OES Log # 77681.3
Dear Mr. Christian:
This is in response to your January 11, 2002, letter transmitting the California Highway Patrol’s (CHP’s) above referenced second appeal to the Federal Emergency Management Agency (FEMA). CHP is requesting that FEMA prepare a Damage Survey Report (DSR) for $1,158,866 to reobligate costs associated with backfill overtime labor and vehicle use. FEMA previously deobligated this amount with DSR 19441, based on the findings of an Office of the Inspector General (OIG) audit.
As explained in the enclosed analysis, I have determined that the work associated with the backfill overtime labor is ineligible. Pursuant to Title 44 Code of Federal Regulations § 206.223, eligible work must be required as the direct result of the major disaster event and be located within a designated disaster area. The work performed by the backfill employees was not a direct result of the disaster, as the work would have been required regardless of the disaster, and the work was performed outside of the designated area. Therefore, I am denying the appeal.
Please inform CHP of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR § 206.206.
Sincerely, /S/ John R. D'Araujo, Jr. Assistant Director Response and Recovery Directorate
cc: Karen E. Armes Acting Regional Director FEMA Region IX