Overtime Costs for Exempt Employees

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-3222-EM
ApplicantCity of Charlotte
Appeal TypeSecond
PA ID#119-12000-00
PW ID#Project Worksheet 10
Date Signed2007-11-20T05:00:00
Citation: FEMA-3222-EM-NC; City of Charlotte, NC

Cross-reference: Sheltering, Overtime, Exempt employees

Summary: The City of Charlotte provided shelter for Hurricane Katrina evacuees from September 3, 2005 to September 17, 2005, at the Charlotte Coliseum. The Charlotte Fire Department assisted in the sheltering operation and requested reimbursement of $28,182 in overtime costs for its exempt employees pursuant to Information Bulletin 108.01. FEMA staff reviewed the bulletin and determined that it did not apply to the sheltering operation and denied the request. FEMA policy requires that in order for overtime costs to be eligible for reimbursement, they must be paid in accordance with a pre-disaster policy that was consistently applied in non-disaster situations. The Regional Director sustained this decision on first appeal.

Issues: Are overtime costs for exempt employees eligible?

Findings: No.

Rationale: Recovery Policy 9525.7, Labor Costs – Emergency Work.

Appeal Letter

November 20. 2007

Mr. Doug Hoell
Director
North Carolina Division of Emergency Management
4713 Mail Service Center
Raleigh, North Carolina 27699

Re: Second Appeal – City of Charlotte, PA ID 119-12000-00,
Overtime Costs for Exempt Employees, FEMA-3222-EM-NC, Project Worksheet 10

Dear Mr. Hoell:

This is in response to your letter dated February 5, 2007, which transmitted the referenced second appeal from the City of Charlotte (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny reimbursement for overtime for exempt employees of the Charlotte Fire Department who assisted with sheltering operations for Hurricane Katrina evacuees. The amount in dispute is $28,182.

The Applicant provided shelter to Hurricane Katrina evacuees at the Charlotte Coliseum from September 3, 2005 to September 17, 2005. The Charlotte Fire Department assisted with the sheltering operations and requested reimbursement for overtime for exempt employees pursuant to the City of Charlotte Fire Department Information Bulletin (IB) 108.01, dated August 1, 2004. This bulletin authorizes overtime compensation for employees through the rank of Battalion Chief when assigned a mission requested by the State of North Carolina and assigned a mission number. FEMA staff reviewed the bulletin and determined that it applied specifically to the deployment of the State Regional Response Team which is designed to provide hazardous materials response services to supplement local governments’ response to certain incidents. Further, the staff determined that the State did not assign a mission to the Fire Department pursuant to the bulletin. Therefore, FEMA concluded that IB 108.01 did not apply and denied the Applicant’s request for reimbursement. The Regional Director sustained this determination on first appeal in a letter dated November 20, 2006.

We have reviewed all information submitted with the appeal and determined that the Regional Director’s 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 the 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
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