CC RESOLUTION 4319RESOLUTION NO. 4319
A RESOLUTION PROVIDING FOR THE PAYMENT OF
COMPENSATION TO EXECUTIVE, MANAGEMENT, AND
OTHER EXEMPT EMPLOYEES SERVING THE CITY'S
EMERGENCY SERVICES ORGANIZATION
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. The City of El Segundo has a high potential of emergencies or
disasters caused by natural, technological, and man -made causes;
B. The City's geographic location, situated next to a major petroleum
refinery, Los Angeles International Airport ( "LAX "), the Los Angeles Air
Force Base, and the Hyperion wastewater treatment plant, makes it
likely that the City and its residents would be significantly affected in
the event of an act of domestic terrorism, accident, or other type of
emergency;
C. In light of the terrorist attacks of September 11, 2001, the recent
conflict in Iraq, and the Nation's overall heightened state of alert, it is
apparent that the City may be required to activate its Emergency
Operations Plan ( "EOP ") on a regular basis;
D. Activation of the "EOP" and as needed the Emergency Operations
Center ( "EOC "), often requires the City's employees to work beyond
their regular schedules in order to be available for emergency
operations in accordance with the City's Standardized Emergency
Management System ( "SEMS "). While most public safety employees
are compensated for this additional time, executive, management, and
other exempt level employees are not entitled to additional
compensation;
E. It is in the public interest for the City to fairly compensate its executive,
management and other exempt staff when those individuals are
required to provide services beyond what is ordinarily required in the
course of their duties.
SECTION 2:The City Manager, as part of the duties set forth in El Segundo
Municipal Code ( "ESMC ") § 2 -2 -5, is authorized to establish policies and procedures
for compensating executive, management, and other exempt level employees for
extended emergency services. Extended emergency services are defined as a
period exceeding at least twelve (12) or more hours. Compensation to the
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employee may be provided through "compensatory time" or other pay, at straight
time or overtime rates of pay as determined solely by the City Manager and as
approved by the City Council.
SECTION 3. The executive, management, and other exempt employee pay policy
will be established by the city manager and attached as an appendix to the City's
Emergency Operations Plan. The management, executive, and other exempt
employee pay policy will be developed in accord with the Federal Fair Labor
Standard Act and other applicable federal, state, and local statutes. The policy will
ensure that executive, management, and other exempt staff qualifying for overtime
pay meet the standardized emergency management system training guidelines
established within the City's Emergency Operations Plan.
SECTION 4 :In adopting such policies and procedures, the city manager should
consider the following criteria:
A. Whether the "EOP" was activated in accordance with the ESMC;
B. All overtime compensation must be related to the emergency event;
C. Whether the Director of Emergency Services has declared a local emergency
in accordance with ESMC § 2 -2 -1;
D. The policy must include methods for invoking the policy, after twelve (12)
hours including, without limitation, emergency conditions that require two or
more City departments to respond and the severity of which may exceed the
City's ability to control;
E. Whether a state of emergency was declared in accordance with applicable
federal or state law;
F. This policy may be invoked by the City Manager irrespective of whether or
not the County of Los Angeles Operational Area or State of California
disaster proclamation is in effect.
G. Whether the nature of the emergency will require the presence of executive,
management, and other exempt level employees for a period of time beyond
what is ordinarily and reasonably expected of such employees.
H. Nothing in this Resolution is intended to, nor will it, restrict the City's ability to
seek reimbursement from state and federal agencies for the compensation
paid in accord with this Resolution and the polices promulgated by the City
Manager in accord with this Resolution.
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SECTION 5 : The City Clerk is directed to certify the adoption of this Resolution,;
record this Resolution in the book of the City's original resolutions; and make a
minute of the adoption of the Resolution in the City Council's records and the
minutes of this meeting.
SECTION 6: This Resolution will become effective immediately upon adoption and
will remain effective unless repealed or superseded.
2003.
PASSED AND ADOPTED this 5th day of August
Y112a AJ4-.,
Mike Gordon-,-
Mayor
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. 4319 was duly passed and adopted by said City
Council, approved and signed by the Mayor of said City, and attested to by the City
Clerk of said City, all at a regular meeting of said Council held on the 5th day of
August , 2003, and the same was so passed and adopted by the
following roll call vote:
AYES: Gordon, Jacobs, McDowell, Wernick
NOES: None
ABSENT: Gaines
ABSTAIN: None
ATTEST:
a!A-bWWM'
Cindy M rtesen,
City Clerk
APPROVED
Mark D. Hep
Karl H. Berger J
Assistant City torney