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Second Appeal Letter
PA ID# 086-14250-00; City of Coral Gables
PW ID# 5509; Overtime Cost for Exempt Employees
November 29, 2007
W. Craig Fugate
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Second Appeal City of Coral Gables, PA ID 086-14250-00, Overtime Costs for Exempt Employees
, FEMA-1545-DR-FL, Project Worksheet 5509
Dear Mr. Fugate:
This is in response to your letter dated March 22, 2007, which transmitted the referenced second appeal on behalf of the City of Coral Gables (Applicant). The Applicant is appealing the Federal Emergency Management Agencys decision to deny the Applicants request for reimbursement for overtime costs for exempt employees. The amount in dispute is $10,298.
The Applicants exempt employees performed eligible emergency work in response to Hurricane Charley. The Applicant requested reimbursement for overtime costs paid to exempt employees in accordance with the Applicants pay policy, Rule 23 City-Wide Emergencies, which states in pertinent part that City employees at the direction of the City Manager or designee may be compensated
as determined in the sole discretion of the City Manager. FEMA denied the Applicants request because it determined that the Applicants pay policy did not meet the intent of Office of Management and Budget (OMB) Circular A-87, Cost Principles for State, Local and Indian Tribal Governments,
Attachment A, paragraph C.1.e. This provision states that costs must Be consistent with policies, regulations, and procedures that apply uniformly to both Federal awards and other activities of the governmental unit. In particular, the Applicants policy was discretionary and did not apply uniformly to Federal and non-Federal activities.
The Regional Administrator sustained this determination in the first appeal letter dated November 6, 2006.
We have reviewed all information submitted with the appeal and determined that the Regional Administrators decision on the first appeal is consistent with program regulations and policies. Therefore, I am denying the second appeal.
Please inform the Applicant of my determination. My determination is the final decision in this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Major P. May
FEMA Region IV