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HomeMy Public PortalAbout10) 10A - Overview of temporary emergency action related to continuity of city services and personnel AGENDA ITEM 10.A. ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE: November 4, 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 November 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 City Council November 4, 2020 Page 2 and patrons, the City indefinitely closed City buildings to the public and 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 implementation 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. 12. On June 29, 2020, City Council directed the City Manager to continue the implementation of paid administrative leave for employees (excluding Senior Recreation Leaders and Recreation Leaders) through August 10, 2020. 13. On July 20, 2020, City Hall was opened for appointment only to the public subject to health protocols and measures. Adhering to strict health and safety guidelines, measured occupancy levels, staff report at City Hall on a staggered schedule. Field staff report to City and Park Maintenance yards and adhere to strict health and safety guidelines. 14. On July 21, 2020, City Council directed the City Manager to continue the implementation of paid administrative leave for employees (excluding Senior City Council November 4, 2020 Page 3 Recreation Leaders and Recreation Leaders) through September 30, 2020. 15. On September 15, 2020, City Council directed the City Manager to continue the implementation of paid administrative leave for employees (excluding Senior Recreation Leaders and Recreation Leaders) through November 30, 2020. ANALYSIS: Before the expiration date of November 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. The program has allowed for the continuity of service to the community and allowed for the City to create a work environment that allows for proper protocols and operations consistent with nation’s health protection agency, the Center for Disease Control and Prevention and the County of Los Angeles Department of Public Health (“CLADPH”) guidelines. Without this tool of Administrative Leave, it would be very difficult to appropriately schedule work through this event and hence provide service to the public. Under the State of California risk level, the County of Los Angeles (“County”) continues to be in the Widespread, purple tier, the strictest tier where a 7-day average of daily COVID-19 positive cases per 100,000 is more than 7. The County’s rate is 7.2 as of October 27, 2020. Based on current trends, it does not appear that the County will be in the less restrictive levels any time in the near future. Since March 18, 2020, City Hall and other City facilities have been closed in following the CLADPH guidelines and employees working from home or receiving paid administrative leave for non-worked hours. However, on July 20, 2020, City employees returned to the offices on a one-day per week staggered schedule. Additionally, walk-in appointments from the public are accepted from Tuesday to Thursdays during this staggered schedule. City employees have been receiving paid administrative leave for non-worked hours during this stay-at-home health order and is set to expire on November 30, 2020. Below are the estimated costs for the continuance of paid administrative leave for the following two months expiring on January 31, 2021. These costs are budgeted in the adopted Fiscal Year 2020-2021 budget in the form of regular employee compensation. Hence, no additional appropriation is required. Period: Assumptions Est. Cost: December 1, 2020 to January 31, 2021 All employees excluding Senior Recreation Leaders and Recreation Leader $18,410 City Council November 4, 2020 Page 4 Please note that the City continues to be legally obligated to provide at least a partially compensated leave under the Families First Coronavirus Response Act (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 administrative leave program, would continue. The City will continue to monitor the impacts of COVID-19 and implementing recommendations of State and County health officials. Staff continues to respond 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. In conclusion, 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 December 1, 2020 to January 31, 2021 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.