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Second Appeal Letter
PA ID# 131-99131-00; Northampton County, North Carolina
PW ID# 1357; Overtime Labor Policy
February 28, 2005
Ms. Mary L. Canty
Public Assistance Section Manager
Division of Emergency Management
4716 Mail Service Center
Raleigh, North Carolina 27699-4716
Re: Second Appeal - Northampton County, North Carolina
PA ID 131-99131-00, Overtime Labor Costs, 1490-DR-NC
Project Worksheet 1357
Dear Ms. Canty:
This is in response to your September 3, 2004, letter forwarding the second appeal from Northampton County (Applicant). On August 6, 2004, the Applicant requested that the Federal Emergency Management Agency (FEMA) reconsider its previous denial of reimbursement for overtime labor costs in Project Worksheet (PW) 1357. FEMA determined that the overtime labor costs for exempt employees were ineligible for Public Assistance funding because the employees appeared to be paid overtime only when Federal funds were available. The Applicant has claimed a total of $25,915.59 for the overtime labor.
The FEMA Region IV Acting Regional Director denied the Applicants first appeal on July 13, 2004. She determined that even though the Applicant had a policy in place regarding the overtime pay of exempt employees at the time of disaster, the policy does not specify that the costs would be paid if no declaration is forthcoming, nor does it provide documentation that the Applicant has paid these costs during non-declared incidents. After review of the documentation submitted by the Applicant, I agree that the policy does not clearly state that the exempt employees would be paid for overtime labor under all emergency situations. The Applicant did not provide any documentation to show that overtime pay would have been provided to exempt employees regardless of whether Federal funding was available. Therefore, the appeal is denied. The details of the determination can be found in the appeal analysis enclosed with this letter.
Please inform the Applicant of my determination. My determination constitutes the final decision on this matter, as set forth in Title 44 Code of Federal Regulations §206.206.
Daniel A. Craig
cc: Mary Lynne Miller
Acting Regional Director
FEMA Region IV