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HomeMy Public PortalAbout07) 6A - Staff Report-Admin Leave COVID-19ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE: June 29, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Susan Paragas, Administrative Services Director SUBJECT: OVERVIEW OF TEMPORARY EMERGENCY ACTION RELATED TO CONTINUITY OF CITY SERVICES AND PERSONNEL AND REQUEST FOR DIRECTION RECOMMENDATION: The City Council is recommended to provide direction as to how the City Manager, as the Director of Emergency Services, is to proceed regarding certain personnel status for City staff and the budgetary considerations associated with such status in the time period after his emergency authority expires on June 30, 2020. BACKGROUND: 1.On January 21, 2020, the first case of the Novel Coronavirus 2019 (COVID-19) was reported. 2.On March 4, 2020, the Health Officer of Los Angeles County declared a local health emergency regarding COVID-19 and the Los Angeles County Board of Supervisors concurrently proclaimed the existence of a local emergency for the County of Los Angeles. 3.On March 4, 2020, Governor Newsom of the State of California declared a State of Emergency in response to the COVID-19. 4.On March 13, 2020, the City Council adopted Resolution No. 20-5457, declaring a local state of emergency which gave authority to the City Manager in his role as Director of Emergency Services to implement measures in line with state and county health officials’ recommendations to slow the spread of COVID-19 while not impacting critical services. 5.On March 18, 2020, in an abundance of caution for the health and safety of City staff and patrons, the City indefinitely closed City buildings to the public and AGENDA ITEM 6.A. City Council June 29, 2020 Page 2 modified services. On the same day, the United States Senate passed the Families First Coronavirus Response Act (“Act”) with President Trump signing the bill into law shortly thereafter. 6. On March 19, 2020, to mitigate the spread of COVID-19, state and county officials ordered residents to stay home or at their place of residence. On the same day, with the authorization granted by the declaration of local emergency, the City Manager ordered some staff to work from home, though essential office workers are to come to the office if needed and if sufficient distancing is maintainable, and essential field staff are to practice all safety and social distancing related to such work in the field. 7. On March 31, 2020, City Council directed the City Manager to continue the implementation of paid administrative leave for employees not working or working from home from April 3, 2020 to May 1, 2020. 8. On April 10, 2020, the County of Los Angeles extended its order requiring residents to stay home or at their place of residence through the date of May 15, 2020. 9. On April 21, 2020, City Council directed the City Manager to continue the implementation of paid administrative leave for employees not working or working from home from May 2, 2020 to May 15, 2020. 10. On May 5, 2020, City Council directed the City Manager to continue the implementation of paid administrative leave for employees not working or working from home from May 16, 2020 to May 31, 2020. 11. On May 26, 2020, City Council directed the City Manager to continue the implementations of paid administrative leave for employees not working or working from home from June 1, 2020 to June 19, 2020. Then, extended paid administrative leave from June 20, 2020 to June 30, 2020 for all employees excluding Senior Recreation Leaders and Recreation Leaders (to be paid for time worked only after June 19, 2020. ANALYSIS: Before the expiration date of June 30, 2020, the City Manager is seeking direction from the Council regarding those members of staff who fall into the category of receiving paid administrative leave excluding Senior Recreation Leaders and Recreation Leaders. Paid administrative leave is a tool that permits the City to temporarily compensate an employee who is ready and able to work but whom the City has directed to remain away from the workplace in the City’s interest. At this time, the County of Los Angeles Department of Public Health (CLADPH) is City Council June 29, 2020 Page 3 currently in stage three (3) of the five-stage Roadmap to Recovery and until the final stage five (5) is reached, Health Officer Orders and directives will continue to ensure that spread of COVID-19 is slowed down to prevent an overwhelming surge of COVID- 19 cases. Stage 3 and Stage 4 instruct offices to continue teleworking for as many employees as possible, but offices can open at 50% and 75% occupancy, respectively. The roadmap allows for offices to open 100% at Stage 5. Therefore, until CLADPH allows offices to resume 100% operations, many City employees continue to work away from City Hall and other City facilities, or have significantly limited their hours of work at City Hall and other City facilities since March 18, 2020 which include temporary closure of City buildings to the public and cancellation of recreation programs. City employees have been receiving paid administrative leave for non-worked hours and is set to expire on June 30, 2020. Below are the estimated costs for continued paid administrative leave after May 31, 2020: Period: Assumptions Est. Cost: July 1 to August 10, 2020 All employees excluding Senior Recreation Leaders and Recreation Leader (to be paid for time worked only after June 19th) $ 21,570 These costs are budgeted in the proposed Fiscal Year 2020-2021 budget in the form of regular employee compensation. Hence, no additional appropriation is required at this time should the proposed budget be adopted tonight. However, because of the cancellation of major recreation programs and adjustments to on-line programming, the City is not continuing to provide compensation for unworked hours after June 19, 2020 to Senior Recreation Leaders and Recreation Leaders. Therefore, they will be paid for time worked only. The City is not eliminating any of these positions or conducting any layoffs. They will remain as employees of the City but will have less hours than their normal schedules until the City returns to its regular programming. Please note that the City continues to be legally obligated to provide at least a partially- compensated leave under the Act to eligible employees for qualifying reasons. The Act went into effect on April 1, 2020, and, where applicable, will require the City to provide leave upon an employee’s request. The availability of emergency paid sick leave and extended FMLA leave to all employees, regardless of emergency administrative leave program, would continue. CONCLUSION The City will continue to monitor the impacts of COVID-19 and implementing recommendations of State and County health officials. Staff continues to respond City Council June 29, 2020 Page 4 quickly with the safety and well-being of the community and City employees as its priority while closely monitoring the effect to the City’s long-term financial health. To address the impact of City employees not working or working from home, the Council is asked to consider directing the City Manager to implement the following: Paid administrative leave for the period July 1, 2020 to August 10, 2020 for all employees except for Senior Recreation Leaders and Recreation Leaders who will be paid for time worked only; or An alternative approach such as: a. Use of Accrued Leave; or b. Reduction in Hours; or c. Furloughs Regardless of the direction, the City will be bound by the Act and the financial implications thereof. CITY STRATEGIC GOALS: Actions contained in this report align with the City’s strategic goal of good governance. FISCAL IMPACT: There are no additional appropriations recommended at this time.