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On-Call and Rest Time Labor

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1545/15
ApplicantCity of Tallahassee
Appeal TypeSecond
PA ID#073-70600-00
PW ID#Project Worksheets 2888/1225/2319/1107
Date Signed2008-11-04T05:00:00
Citation: FEMA-1545/1551/1561/1595-DR-FL, City of Tallahas-

Summary: During Hurricanes Frances, Ivan, Jeanne and Dennis in 2004, the Applicant placed its electric utility department employees “on-call” and “rest time” status in order to ensure adequate response times could be achieved. FEMA denied the eligibility for all labor costs associated with the “on-call” and “rest time” charges because the employees did not perform eligible work. The Applicant’s first appeal argued the expenses in question met the basic criteria of the Public Assistance program and were associated with eligible work. FEMA rejected the Applicant’s claim, stating eligibility is contingent on the performance of work. The second appeal reiterated the original claims, but provided no additional information to support the Applicant’s position.

Issues: Are employee costs related to “on call” and “rest time” status eligible for reimbursement?

Findings: No.

Rationale: 44 CFR §206.201(b and g); 44 CFR §206.228(a)(4)

Appeal Letter

November 4, 2008

W. Craig Fugate
Director
Emergency Management Division
State of Florida
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100

Re: Second Appeal–City of Tallahassee, PA ID 073-70600-00, On-Call and Rest Time Labor, FEMA-1545/1551/1561/1595-DR-FL, Project Worksheets (PWs) 2888/1225/2319/1107

Dear Mr. Fugate:

This letter is in response to your four letters dated March 21, 2008, which transmitted the referenced second appeals on behalf of the City of Tallahassee (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for “on-call” and “rest time” labor expenses for its electric utility department employees. The amount in dispute is $55,620.

During Hurricanes Frances, Ivan, Jeanne and Dennis in 2004, the Applicant placed its electric utility department employees “on-call” in order to ensure that it could appropriately respond to the effects of the disaster. The Applicant paid employees who were placed “on call.” The Applicant’s personnel policy required employees to take a mandatory 8-hour rest period after working up to 16 hours per day. If the rest period overlapped the employee’s regular duty hours, the Applicant paid the employee’s salary for up to four hours. FEMA prepared a project worksheet for each of the four disasters for the “on-call” and “rest time” costs, but determined the costs were not eligible because the employees did not perform any eligible work while “on call” or in “rest time” status. The Regional Administrator sustained these determinations on first appeal. The Applicant’s second appeals reiterated the arguments that were contained in the first appeal.

FEMA reimburses Applicants for the performance of eligible work. The Applicant’s employees did not perform eligible work while “on-call” or during “rest time.” Therefore, I have determined that the Regional Administrator’s decisions in the first appeals are consistent with program statute and regulations. Accordingly, I am denying the second appeal.

Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,

/s/

Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Major P. May
Regional Administrator
FEMA Region IV