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AGENDA ITEM REVIEW FORM |
6.G.
Regular City Council Meeting
- Meeting Date:
- 05/25/2022
- 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. 2022-07. An order of the Mayor and City Council of the City of San Luis, Arizona, authorizing the extension of the public safety first responders emergency pay; repealing any conflicting provisions; and providing for severability. (Lizandro Galaviz, Acting City Manager and Monica Castro, Finance Director)
SUMMARY:
On February 9, 2020, City Council passed Order 2022-03 authorizing first responders emergency pay through the end of the fiscal year, June 30, 2022. This Order is brought in May so that there will be 30 days available for the 30-day waiting period for it to become effective before Order 2022-03 expires. The extension does not have an end date so the city has this tool to contend with any emergency or disaster that may cause staff shortages for public safety first responders including any continuing negative impacts from the COVID-19 pandemic.
First Responder Emergency Pay allows the city to pay time and a half when public safety first responders must cover a shift on their regular rest day, but regular overtime is not available. Some Police Department shifts are 13 hours long. In the Fire Department, their work period is 212 hours over 28 days. Filling shifts 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 employers to voluntarily allow extra pay for working a regular rest day. This Order extends Order No. 2022-03, allowing for time and a half for first responders for hours worked on their rest day when overtime does not apply.
This Order recognizes the unique risks public safety first responders’ work duties entail and their unique continuity of operations challenges. The Order allows the city to be prepared to compensate public safety first responders for working their rest days if the COVID-19 cases continue to surge periodically or other emergencies or disasters emerge resulting in staffing shortages. This Order has no end date but leaves the discretion to Council to terminate it at any time.
First Responder Emergency Pay allows the city to pay time and a half when public safety first responders must cover a shift on their regular rest day, but regular overtime is not available. Some Police Department shifts are 13 hours long. In the Fire Department, their work period is 212 hours over 28 days. Filling shifts 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 employers to voluntarily allow extra pay for working a regular rest day. This Order extends Order No. 2022-03, allowing for time and a half for first responders for hours worked on their rest day when overtime does not apply.
This Order recognizes the unique risks public safety first responders’ work duties entail and their unique continuity of operations challenges. The Order allows the city to be prepared to compensate public safety first responders for working their rest days if the COVID-19 cases continue to surge periodically or other emergencies or disasters emerge resulting in staffing shortages. This Order has no end date but leaves the discretion to Council to terminate it at any time.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE ORDER NO. 2022-07 AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- N/A See Fiscal Impact Statement
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
This order will not be operational until next fiscal year. It will be invoked only in emergency staffing situations and based on budget availability. There is no end date for this order.