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Second Appeal Letter
PA ID# 119-12000-00; City of Charlotte
DSR ID# Project Worksheet 10; Overtime Costs for Exempt Employees
November 20. 2007
Mr. Doug Hoell
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 Securitys Federal Emergency Management Agencys (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 Applicants 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 Directors 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.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Major P. May
FEMA Region IV