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Second Appeal Brief
PA ID# 019-41155-00; City of Lake Charles
PW ID# Project Worksheet 1904; Overtime Pay for Firefighters
FEMA-1607-DR-LA, City of Lake CharlesCross-reference:
Overtime; Emergency Protective MeasuresSummary:
The City of Lake Charles (Applicant) City Council met on October 1, 2005, and designated the period from September 23, 2005 to October 10, 2005 as an emergency holiday. County personnel policy provides that employees who work unscheduled hours during holidays are compensated at a holiday rate which is two and one half (2 ½) times their base pay. The Applicant maintained that the emergency holiday pay is a reimbursable cost. FEMA denied the Applicants request for $268,340 because the Applicant designated the emergency holiday after the disaster. FEMA policy requires applicants to follow pre-disaster policies after a disaster.
In addition, the Applicant requested additional reimbursement of $100,233 for firefighters who were on duty 24 hours per day. FEMA reimbursed the Applicant for 24 hours for the first two days and up to 16 hours per day for the next five days in accordance with FEMA policy that was in effect at the time of the disaster. FEMA clarified the application of its Emergency Work Policy to Hurricanes Katrina and Rita in a memorandum dated April 4, 2008. This portion of the Applicants request has merit.Issues:
1. Is the request for emergency holiday pay eligible?
2. Is overtime compensation for 24-hour workdays an eligible cost for firefighters
who performed emergency protective measures in response to Hurricane Rita? Findings:
2. Yes. This part of the request complies with FEMAs April 4, 2008 policy
Stafford Act Section 403; 44 CFR §206.225; FEMA Response and Recovery
Policy 9525.7, Labor Costs, Emergency Wor
k (July 20, 2000).