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Overtime Pay for Firefighters

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1607-DR
ApplicantCity of Lake Charles
Appeal TypeSecond
PA ID#019-41155-00
PW ID#Project Worksheet 1904
Date Signed2008-06-17T04:00:00
Citation: FEMA-1607-DR-LA, City of Lake Charles

Cross-reference: Overtime; Emergency Protective Measures

Summary: 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 Applicant’s 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 Applicant’s 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: 1. No.

2. Yes. This part of the request complies with FEMA’s April 4, 2008 policy
clarification.

Rationale: Stafford Act Section 403; 44 CFR §206.225; FEMA Response and Recovery
Policy 9525.7, Labor Costs, Emergency Work (July 20, 2000).

Appeal Letter

June 17, 2008

Colonel Thomas Kirkpatrick (Retired)
State Coordinating Officer
Governor’s Office of Homeland Security
and Emergency Preparedness
415 North 15th Street
Baton Rouge, LA 70802

Re: Second Appeal–City 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 Security’s Federal Emergency Management Agency’s (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 FEMA’s 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. FEMA’s Response and Recovery Policy 9525.7, Labor Costs–Emergency 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 Applicant’s 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 Applicant’s 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 Applicant’s 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.

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

cc: William Peterson
Regional Administrator
FEMA Region VI