PA ID# 303-45000-00; City of Lubbock
PW ID# Project Worksheet 303; Exempt or Salaried Non-Exempt Employee Overtime
October 23, 2007
Mr. Richard Patterson Deputy State Coordinating Officer State Public Assistance FEMA-State Joint Field Office 9001 I-H35 North Austin, TX 78753-3930
RE: Second Appeal-City of Lubbock, PA-ID 303-45000-00 Exempt or Salaried Non-Exempt Employee Overtime, FEMA-3216-EM-TX Project Worksheet (PW) 303
Dear Mr. Patterson:
This is in response to your letter dated October 11, 2006, forwarding the second appeal from the City of Lubbock (Applicant) dated August 11, 2006. The Applicant is requesting the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) to reconsider its previous denial of $71,161 under PW 303 for reimbursement of exempt or salaried non-exempt employee overtime labor costs associated with the sheltering operations during the period September 2, 2005, to October 16, 2005. FEMA determined that the overtime costs for these employees were ineligible for Public Assistance funding because the Applicant did not have an overtime policy established before the Hurricane Katrina emergency declaration on September 2, 2005.
On February 27, 2006, the State forwarded the Applicant’s first appeal dated December 27, 2005, and a follow up letter dated January 31, 2006, to FEMA for consideration. The Applicant provided an interoffice memorandum dated September 8, 2005, titled “Overtime Pay Related to Emergency Declaration-Salaried Non-Exempt and Exempt Employees,” which notified managers of a temporary change in overtime policy. In a letter dated April 10, 2006, FEMA denied the appeal because the Applicant was unable to demonstrate that the overtime policy was in effect prior to the event.
In its second appeal, the Applicant referred to a formal policy that “was adopted around this period of time,” and provided a copy of the September 8, 2005 interoffice memorandum. The Applicant stated that because it had not experienced a disaster since 1970, there was no overtime policy for exempt or salaried non-exempt employees. However, after the events relating to Hurricanes Katrina and Rita, the Applicant re-evaluated the need for such a policy.
FEMA Recovery Division Policy 9525.7, Labor Costs – Emergency Work, Section 7.D states that “overtime will be determined according to the applicants written policies in effect prior to the disaster.” The Applicant has not provided written policies or other forms of documentation that establishes evidence that it had a practice of providing overtime to exempt or salaried non-exempt employees prior to the event. Therefore, I am denying the second appeal.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Sincerely, / s/
Carlos J. Castillo Assistance Administrator Disaster Assistance Directorate
cc: William Peterson Regional Administrator FEMA Region VI