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AGENDA ITEM REVIEW FORM |
6.E.
Regular City Council Meeting
- Meeting Date:
- 02/09/2022
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Order
Order
ITEM:
Discussion and possible action on any and all matters regarding Order No. 2022-03. An order of the Mayor and City Council of the City of San Luis, Arizona authorizing public safety first responders emergency pay; repealing any conflicting provisions; providing for severability; and declaring an emergency. (Mayor Gerardo Sanchez and Lizandro Galaviz, Acting City Manager)
SUMMARY:
This item follows up on an item discussed at the informal work session on February 2, 2022. The COVID-19 pandemic has caused severe staffing shortages for first responders in the Police and Fire Departments. As the COVID-19 pandemic grinds on, first responders must fill shifts on their regular rest days. Some Police Department shifts are 13 hours long. In the Fire Department, their work period is 212 hours over 28 days. They are filling a shift on a regular rest day for first responders results in many days and hours without a break. However, it is often the case that despite taking on more shifts, the end of the work period falls so that they often do not receive overtime pay.
The Fair Labor Standards Act regulations allow employers to ameliorate this situation by allowing extra pay for working a regular rest day. Order No. 2022-03 does just that, allowing for time and a half for first responders for the hours worked on their rest day.
Order No. 2022-03 is a stop-gap, an emergency measure to compensate for the necessity of first responders to work on their regular rest days due to staffing shortages caused by the COVID-19 contagion. It ends at the end of the fiscal year, this June 30, 2022. The next few months will give staff experience implementing this First Responders Emergency Pay. Staff will learn from the experience and present long-term solutions for the City Council to consider as part of the fiscal budget process and the associated planning for the need to staff for first responders to contend with the continuing COVID-19 pandemic.
So that the order may take effect immediately, it requires 6 votes. If it is passed by a simple majority of those present, it will be effective in 30 days.
The Fair Labor Standards Act regulations allow employers to ameliorate this situation by allowing extra pay for working a regular rest day. Order No. 2022-03 does just that, allowing for time and a half for first responders for the hours worked on their rest day.
Order No. 2022-03 is a stop-gap, an emergency measure to compensate for the necessity of first responders to work on their regular rest days due to staffing shortages caused by the COVID-19 contagion. It ends at the end of the fiscal year, this June 30, 2022. The next few months will give staff experience implementing this First Responders Emergency Pay. Staff will learn from the experience and present long-term solutions for the City Council to consider as part of the fiscal budget process and the associated planning for the need to staff for first responders to contend with the continuing COVID-19 pandemic.
So that the order may take effect immediately, it requires 6 votes. If it is passed by a simple majority of those present, it will be effective in 30 days.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE ORDER NO. 2022-03 AS PRESENTED, AND DECLARE AN EMERGENCY.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- See fiscal impact stment
- BUDGETED AMOUNT:
- See fiscal impact stmt
- AVAILABLE AMOUNT TO TRANSFER:
- See fiscal impact statement
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- See fiscal impact
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
We did not budget for this item. We estimate the Public Safety first respondents' emergency pay will be $40,000 for Public Safety in a month. We have five months left in this fiscal year projecting a fiscal impact through 06/30/2022 of $200,000.
It is difficult to estimate the emergency pay accurately since we do not have a precedent. Henceforth, we are requesting the council to approve the transfer of budget capacity up to $200,000 from account 255-210-90010 Special Revenue –Capital Outlay Roads as necessary to the Police, Ambulance, and Fire accounts 100-181-50010, 340-341-50010, and 100-182-50010 to pay the first responder emergency pay through June 30th, 2022.
We have available budget capacity in the Capital Outlay Roads account due to a budgeted grant that we did not receive as planned.
It is difficult to estimate the emergency pay accurately since we do not have a precedent. Henceforth, we are requesting the council to approve the transfer of budget capacity up to $200,000 from account 255-210-90010 Special Revenue –Capital Outlay Roads as necessary to the Police, Ambulance, and Fire accounts 100-181-50010, 340-341-50010, and 100-182-50010 to pay the first responder emergency pay through June 30th, 2022.
We have available budget capacity in the Capital Outlay Roads account due to a budgeted grant that we did not receive as planned.