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Overtime for Employees

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-3216-EM
ApplicantFort Bend County
Appeal TypeSecond
PA ID#157-99157-00
PW ID#Project Worksheet 520
Date Signed2008-03-25T04:00:00
Citation: FEMA-3216-DR-TX, Fort Bend County, PA ID 157-99157-00, PW 520,
Cross-reference: Overtime, immunizations, food distribution, evacuee service center

Summary: Following Hurricane Katrina, Fort Bend County used its County Annex Building to assist the Texas Health and Human Services Commission in distributing Lone Star food cards to Katrina evacuees. The County expanded services at the center to include immunization, medication and transportation for evacuees. FEMA approved funding for cost of providing transportation to evacuees and security costs at the facility ($13,495), but denied other costs ($31,495). The Regional Administrator denied the County’s first appeal because the distribution of food card was within the jurisdiction of the United States Department of Agriculture. Further, the other requested costs were not eligible because they were not incurred in support of a congregate shelter as required by program guidance.

Issues: Are overtime costs the County incurred in distributing food card and providing medical care to evacuees at the County Annex Building eligible for reimbursement?

Findings: No.

Rationale: 44 CFR§206.223 and 225; Disaster Specific Guidance #2

Appeal Letter

March 25, 2008

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-Fort Bend County, PA-ID 157-99157-00, FEMA-3216-EM-TX
Overtime for Employees, Project Worksheet (PW) 520

Dear Mr. Patterson:

This is in response to your letter dated September 25, 2006, forwarding the second appeal from Fort Bend County (County) dated July 31, 2006. The County is requesting that the Federal Emergency Management Agency (FEMA) reconsider its previous denial of $31,495.40 under PW 520 for providing food and medical assistance to Hurricane Katrina evacuees.

The number of Katrina evacuees who sought Lone Star food cards in Fort Bend County overwhelmed the Texas Health and Human Services Commission (HHSC) office in Richmond, Texas. Fort Bend County officials assisted HHSC by setting up an alternate processing center in the County Annex Building. The County expanded services at the County Annex to include
x-rays, immunizations, medication and transportation for evacuees. The County requested reimbursement for employees’ overtime, equipment and supplies associated with operations of the alternate processing center.

FEMA approved the County’s request for transportation and security costs related to the processing center ($13,793), but denied costs associated with the distribution of food cards and the provision of medical care ($31,495). The County submitted a first appeal to your office on March 3, 2006. In a letter dated May 5, 2006, the FEMA Regional Administrator denied the appeal because food distribution was within the jurisdiction of the United States Department of Agriculture, and other costs were not incurred in support of a congregate shelter as required by program guidance. The County submitted a second appeal by letter dated July 31, 2006, which included documentation previously submitted with the first appeal.

We have reviewed all of the information the County has submitted with the second appeal and have determined that the Regional Administrator’s decision on the first appeal is consistent with program policies and guidelines. Therefore, the appeal is denied.

Please inform the Applicant of my decision. My determination constitutes the final decision on this matter, as set forth in 44 CFR§206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: William Peterson
Regional Administrator
FEMA Region VI