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Second Appeal Letter
PA ID# 019-41155-00; City of Lake Charles
PW ID# Project Worksheet 1904; Overtime Pay for Firefighters
June 17, 2008
Colonel Thomas Kirkpatrick (Retired)
State Coordinating Officer
Governors Office of Homeland Security
and Emergency Preparedness
415 North 15th Street
Baton Rouge, LA 70802
Re: Second AppealCity of Lake Charles, PA ID 019-41155-00 Overtime Pay for Firefighters
, FEMA-1607-DR-LA, Project Worksheet (PW) 1904
Dear Colonel Kirkpatrick:
This is in response to your letter dated September 10, 2007, which transmitted the referenced second appeal on behalf of the City of Lake Charles (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) decision to deny reimbursement of $268,340 for the overtime pay for firefighters who were paid at the holiday rate after Hurricane Rita. The Applicant also appealed FEMAs decision to deny reimbursement of $100,233 for 24-hour work days for firefighters.
On October 1, 2005, the Applicant designated September 23, 2005, to October 10, 2005 as an emergency holiday. Pursuant to its existing policy on holiday pay, the Applicant paid its firefighters two and one half times their regular salary for hours worked during this period. FEMAs Response and Recovery Policy 9525.7, Labor CostsEmergency Work,
states the FEMA will reimburse applicants for the performance of emergency work in accordance with policies that are in place at the time of the disaster. While the Applicants policy on holiday pay was in effect at the time of the disaster, the Applicant designated an emergency holiday after the disaster was declared. Therefore, The Applicants request for reimbursement of $268,340 for holiday pay is denied.
The Applicant also requested an additional $100,233 for overtime pay for firefighters for
extended work days up to 24 hours per day during and immediately after the disaster.
FEMA Response and Recovery
Policy 9525.7, Labor Costs-Emergency Work
, allowed for
reimbursement for labor performed for up to 24 hours per day for the first two days following a
disaster and up to 16 hours per day for the remaining five days of the first week following the
disaster. FEMA clarified the application of this policy to Hurricanes Katrina and Rita in a
memorandum dated April 4, 2008. Specifically, FEMA will reimburse eligible firefighters up to
24 hours per day during the first 14 days after the disaster for work performed beyond their regularly scheduled shifts. I have determined that to the extent that the Applicants request conforms to the above policy clarification, the requested costs are eligible. Therefore, I am granting this part of the appeal. By copy of this letter, I am requesting that the Regional Administrator take appropriate action to implement this determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on these matters as set forth in 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: William Peterson
FEMA Region VI