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On-Call and Rest Time Labor
Appeal Brief
Appeal Letter
Citation: FEMA-1545/1551/1561/1595-DR-FL, City of Tallahas-
Summary: During Hurricanes Frances, Ivan, Jeanne and Dennis in 2004, the Applicant placed its electric utility department employees on-call and rest time status in order to ensure adequate response times could be achieved. FEMA denied the eligibility for all labor costs associated with the on-call and rest time charges because the employees did not perform eligible work. The Applicants first appeal argued the expenses in question met the basic criteria of the Public Assistance program and were associated with eligible work. FEMA rejected the Applicants claim, stating eligibility is contingent on the performance of work. The second appeal reiterated the original claims, but provided no additional information to support the Applicants position.
Issues: Are employee costs related to on call and rest time status eligible for reimbursement?
Findings: No.
Rationale: 44 CFR §206.201(b and g); 44 CFR §206.228(a)(4)
Appeal Brief
| Disaster | FEMA-1545/15 |
| Applicant | City of Tallahassee |
| Appeal Type | Second |
| PA ID# | 073-70600-00 |
| PW ID# | Project Worksheets 2888/1225/2319/1107 |
| Date Signed | 2008-11-04T05:00:00 |
Appeal Letter
November 4, 2008
W. Craig Fugate
Director
Emergency Management Division
State of Florida
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Re: Second AppealCity of Tallahassee, PA ID 073-70600-00, On-Call and Rest Time Labor, FEMA-1545/1551/1561/1595-DR-FL, Project Worksheets (PWs) 2888/1225/2319/1107
Dear Mr. Fugate:
This letter is in response to your four letters dated March 21, 2008, which transmitted the referenced second appeals on behalf of the City of Tallahassee (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for on-call and rest time labor expenses for its electric utility department employees. The amount in dispute is $55,620.
During Hurricanes Frances, Ivan, Jeanne and Dennis in 2004, the Applicant placed its electric utility department employees on-call in order to ensure that it could appropriately respond to the effects of the disaster. The Applicant paid employees who were placed on call. The Applicants personnel policy required employees to take a mandatory 8-hour rest period after working up to 16 hours per day. If the rest period overlapped the employees regular duty hours, the Applicant paid the employees salary for up to four hours. FEMA prepared a project worksheet for each of the four disasters for the on-call and rest time costs, but determined the costs were not eligible because the employees did not perform any eligible work while on call or in rest time status. The Regional Administrator sustained these determinations on first appeal. The Applicants second appeals reiterated the arguments that were contained in the first appeal.
FEMA reimburses Applicants for the performance of eligible work. The Applicants employees did not perform eligible work while on-call or during rest time. Therefore, I have determined that the Regional Administrators decisions in the first appeals are consistent with program statute and regulations. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this 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
W. Craig Fugate
Director
Emergency Management Division
State of Florida
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Re: Second AppealCity of Tallahassee, PA ID 073-70600-00, On-Call and Rest Time Labor, FEMA-1545/1551/1561/1595-DR-FL, Project Worksheets (PWs) 2888/1225/2319/1107
Dear Mr. Fugate:
This letter is in response to your four letters dated March 21, 2008, which transmitted the referenced second appeals on behalf of the City of Tallahassee (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for on-call and rest time labor expenses for its electric utility department employees. The amount in dispute is $55,620.
During Hurricanes Frances, Ivan, Jeanne and Dennis in 2004, the Applicant placed its electric utility department employees on-call in order to ensure that it could appropriately respond to the effects of the disaster. The Applicant paid employees who were placed on call. The Applicants personnel policy required employees to take a mandatory 8-hour rest period after working up to 16 hours per day. If the rest period overlapped the employees regular duty hours, the Applicant paid the employees salary for up to four hours. FEMA prepared a project worksheet for each of the four disasters for the on-call and rest time costs, but determined the costs were not eligible because the employees did not perform any eligible work while on call or in rest time status. The Regional Administrator sustained these determinations on first appeal. The Applicants second appeals reiterated the arguments that were contained in the first appeal.
FEMA reimburses Applicants for the performance of eligible work. The Applicants employees did not perform eligible work while on-call or during rest time. Therefore, I have determined that the Regional Administrators decisions in the first appeals are consistent with program statute and regulations. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this 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