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Public Health Department Nurses

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1044-DR
ApplicantTehama County Sheriff's Department
Appeal TypeSecond
PA ID#103-91008
PW ID#15210
Date Signed1997-10-14T04:00:00
Citation: FEMA-1044-DR-CA; Tehama County Sheriff's Department; DSR 15210

Cross-Reference: Emergency work; Volunteer work

Summary: As a result of the winter storms of 1995, the American Red Cross (ARC) set up shelters in Tehama County to house evacuated citizens and supply nursing services. The ARC exhausted their nursing staff and requested supplemental staff from the Tehama County Public Health Department (TCPHD). The TCPHD provided several nurses on Sunday the 15th and Monday the 16th (a public holiday) of January 1995. DSR 15210 was prepared as a Category "B" (emergency work) for $900 to cover regular-time salaries of the supplemental staff. This DSR was prepared under the P.A. ID number of the Tehama County Sheriff's Department (TCSD). A review by FEMA determined this work to be ineligible because the services of the ARC are considered "volunteer." The subgrantee contended that the work was not volunteer because the nurses were being paid by the TCPHD while working at the shelters. The Regional Director agreed that the work was not volunteer, but denied the appeal because the DSR should have been written under the P.A. ID number for the TCPHD and not the TCSD. The DSR was further determined ineligible because it was less than $1,000. The subgrantee submitted a second appeal based on the contention that FEMA field staff and OES informed them that small eligible applicants could be grouped with larger applicants P.A. ID numbers. They also contended that DSR 15210 was written as supplement to DSR 95111, therefore, the $1,000 minimum does not apply.
PA ID# 103-91008; Tehama County Sheriff's Department
DSR 15210 -Public Health Department Nurses

Issues:
  1. Should the TCPHD use the TCSD's P.A. ID number?
  2. Does the $1,000 minimum for DSRs preclude funding?
  3. Should FEMA fund DSR 15210?
Findings:
  1. No. The TCPHD should have used their own P.A. ID number. However, FEMA would not deny funding on this basis.
  2. No. The DSR was prepared as a supplemental.
  3. No. For the work to be eligible, the applicant must submit documentation establishing that the emergency work performed was overtime. During review of this appeal, an effort was made to obtain additional information from the TCPHD, but no additional information has been submitted.
Rationale: The straight- or regular-time salaries and benefits of a subgrantee's permanently employed personnel are not eligible in calculating the cost of eligible work under Section 403 of the Stafford Act. The applicant did not submit documentation to establish that the work performed was overtime. 44 CFR 206.206 and 44 CFR 206.228(a)(4)

Appeal Letter

October 14, 1997

Ms. Nancy Ward
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 239013
Sacramento, California 95823

Dear Ms. Ward:

This letter is in response to your January 31, 1997, submittal of Tehama County Sheriff's Department's second appeal of damage survey report (DSR) 15210 under FEMA-1044-DR-CA. This DSR covered costs associated with the Tehama County Public Health Department (TCPHD) supplying the American Red Cross (ARC) with supplemental nursing staff. The work described in the DSR was determined ineligible because the ARC's services were considered "volunteer."

The applicant submitted a first appeal on November 30, 1995. In the appeal, they contended that the work was eligible because the services were supplied by TCPHD employees and were, therefore, not volunteer. Further, you noted that the $1,000 minimum for DSRs does not apply because DSR 15210 should have been prepared as a supplement to DSR 95111. The Regional Director agreed that the work was not volunteer. However, the appeal was denied because the DSR was prepared under the incorrect P.A. ID number and it was below the $1,000 minimum, as it was not prepared as a supplemental DSR.

In their October 28, 1996, second appeal, the subgrantee argues that the work should be eligible because FEMA field staff and OES informed them that small eligible applicants could be grouped with larger applicants' P.A. ID numbers. Although the applicant should have used their own P.A. ID number, the fact that the DSR was prepared under the incorrect P.A. ID number does not preclude funding.

The straight- or regular-time salaries and benefits of a subgrantee's permanently employed personnel are not eligible in calculating the cost of eligible work under Section 403 of the Stafford Act. This means that for emergency work, the applicant's overtime labor and benefits are the only eligible items for FEMA funding. The information submitted with the applicant's second appeal did not establish that the work was overtime. We made several requests of the subgrantee to submit additional information regarding the TCPHD's overtime policy and records. However, we received no new information that would establish that the requested labor costs are for overtime work. As such, I have determined that the work is ineligible and have denied the second appeal.

Please inform the applicant of my determination. The applicant may submit a third appeal to the Director of FEMA. The appeal should be submitted through your office and the Regional Director within 60 days of receipt of this determination.

Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Last updated February 4, 2020