May 16, 2006
SUBJECT: Study Issue on City Policy to Address Employee Participation in Disaster Relief/Recovery in the Bay Area, California and Other National Regions
REPORT IN BRIEF
This report is provided in response to Council’s request to study City employees’ participation in disaster relief and recovery activities after a major disaster and the City’s role in supporting them.
BACKGROUND
During the devastating hurricane seasons of 2004 and 2005, there were wide spread requests for relief assistance. Official and unofficial requests were made for volunteers, monetary donations, and for donated goods.
Many non-profit, charitable and faith based organizations, governmental agencies, and individuals were heroic in their efforts toward fundraising, gathering of needed supplies, and response and recovery missions aimed at helping victims in the Gulf region. Although well intentioned, relief efforts often appeared to be disjointed and independent, and sometimes conflicting.
Council, staff, and community members alike felt the need to contribute, both monetarily and with individual, and perhaps, even city resources. As the devastation was revealed, most people felt helpless, given the magnitude of destruction.
On December 15, 2005, Council directed staff to study the issue of how the City should support a local, statewide, or national disaster so that a policy will be in place to guide decisions when another disaster occurs.
On April 25, 2006, Council considered this report but chose to take no action pending further information. Staff was asked to research two issues:
(1) Councilmember Hamilton asked for a list of states that do not provide Worker’s Compensation coverage for unaffiliated disaster relief volunteers. Councilmember also asked that staff identify other states that have a disaster relief volunteer program similar to that of the State of California’s Hurricane Relief Program for California State Workers.
(2) Councilmember Spitaleri asked if an employee volunteers during a disaster on their own time, is the intent of this policy not to cover them should they get injured as a volunteer. City Attorney David Kahn stated there is case law that a firefighter or police officer are considered on duty 24 hours a day (whether formally on a shift or not) and should they see an emergency occur while off duty and they respond, they would still be covered. Attorney Kahn stated he would have to do more research to accurately address whether or not an individual (who requested time off to volunteer) would be fully-covered by the City during that time.
Reponses to those issues are provided as Attachments A and B to this report.
EXISTING POLICY
Policy B3- Emergency Planning and Coordination - Provide an integrated approach to planning and preparedness for emergencies and disasters.
Action Statement B.3.4- Coordinate planning and training with other agencies and jurisdictions to provide an effective and coordinated response to any emergency/disaster.
DISCUSSION
Hurricane Katrina and other natural disasters that occurred during 2004 and 2005 devastated many cities and hundreds of thousands of people suffered the loss of their homes and communities. These events prompted the Council to consider the need to be prepared to respond to a large scale disaster and look into how the City might support staff that is interested in participating in relief and recovery efforts.
Natural disasters are common and often cause widespread destruction. Often, these catastrophic events require a response by government entities and by relief agencies to assist the affected regions. These responses are event driven, and may be coordinated at the local, regional, state, or federal level depending on the magnitude of the disaster. Over the last few years, significant efforts have been made to train and organize first responders, both governmental employees and citizens, to respond and provide the resources typically needed in a large scale disaster.
Mutual Aid
Sunnyvale participates in the California Master Mutual Aid Plan. The Mutual Aid Plan was developed to provide trained personnel and equipment to an agency that has depleted their available resources. The Mutual Aid Plan provides a framework for requesting resources within an Operational Area (County) to respond to a local emergency. As more resources are needed for the emergency and the Operational Area resources have been depleted, additional resources are requested from adjacent Operational Areas and, if needed, the State. This system is utilized every wildland fire season in California. Sunnyvale has provided fire resources to other regions in the state on numerous occasions. Department of Public Safety (DPS) Fire resources have responded as far away as San Diego County and Mendocino County; DPS Police resources have responded to requests as far away as Humboldt County. As part of the Master Mutual Aid Plan, the City or agency responding to a mutual aid request must cover response costs for the first 24 hours of a mutual aid response. After the first 24 hours, the agency requesting the resources must reimburse for costs incurred by a responding agency, including costs for personnel and equipment.
A request for assistance to the City for personnel and/or equipment will normally be received through the established mutual aid channels. For assistance at a disaster within the State of California, the City would receive a request through the Operational Area. The Operational Area Police or Fire Coordinator will handle the requests for police and fire mutual aid and make requests of local agencies according to pre-established mutual aid agreements.
In 2005, California became a member of the Emergency Management Assistance Compact (EMAC), a congressionally ratified Interstate Mutual Aid Agreement. Through EMAC, a disaster impacted state can request and receive assistance from other member states quickly and efficiently. For a disaster outside of California, the EMAC system will now be used to request personnel and equipment. The Governor’s Office of Emergency Services will receive the request and route it to the appropriate agency through the Operational Area.
During any disasters, it is important that resources are not deployed without a request to respond. Resources that deploy and have not been requested are not eligible for reimbursement by the state or federal government. During the 2004 and 2005 hurricane responses, the Federal Emergency Management Agency (FEMA) repeatedly asked that agencies not self dispatch to the region without being officially requested.
When the City responds to a mutual aid request, in or out of the State, the following are covered under the existing agreements.
A mutual aid response would ultimately result in personnel and equipment costs being reimbursed for events lasting more than 24 hours. All benefits, including Worker’s Compensation Insurance would be continued by the City as part of an official mutual aid request. Responses of less than 24 hours would not normally be reimbursable.
Personnel are protected as long as they are operating within their scope of training. (See Attachment B.)
Each request for mutual aid is evaluated to ensure that service levels can be continued at the normal level. Mutual aid requests have been turned down by DPS due to staffing shortages and/or apparatus committed to other assignments.
Employee Leave Policies
While there are generally no established leave policies related to disasters in place for city governments, some states have policies governing employees who voluntarily respond to disasters.
As an example, in September of 2005, the State of California established the Hurricane Relief Program for California State Workers. Only 66 workers asked to participate and were approved to respond to the Gulf Region as part of the program, although program guidelines allow for up to 5,000 employees to be deployed. This program provides 40 hours paid Administrative Time Off (ATO) and allows the State Employee to use accumulated leaves to respond and assist with hurricane relief and recovery efforts. For each hour of paid leave that the employee chooses to use, the State matches with an additional hour to a maximum of 140 hours, including ATO. All normal benefits, including Worker’s Compensation, remain in effect during the time the employee is on leave.
Hurricane Relief Program guidelines require relief activities to be in support of an approved relief organization by the Governor’s Office of Emergency Services. Examples of approved organizations are the American Red Cross, Salvation Army, and the Medical Reserve Corps. Other relief organizations that are members of the National Voluntary Organizations Active in Disaster (NVOAD) are also approved by the Governor’s Office of Emergency Services. Program guidelines are described as temporary with no specified end date.
Additional states that have policies in place for relief activities are Arkansas, New York, Louisiana, Mississippi, Alabama, and Missouri. These states provide employee volunteers with 15 days paid leave to respond to a disaster when the employee has been trained as a Red Cross Disaster Volunteer.
Individual Volunteers
Should a City of Sunnyvale (City) employee choose to volunteer their time, the best channel has proven to be through an established and recognized relief agency, such as the American Red Cross. Individuals responding directly to the scene of a disaster seldom have the impact an organized effort offers, and often contribute to the chaos.
Currently, a City employee may request the use of accrued leave time to volunteer during normal work hours, subject to supervisory approval. City Administrative Policy allows the City Manager to grant leave without pay under certain conditions; however, the current Policy requires all vacation leave of record to be exhausted. Staff believes that this Policy could be clarified to allow the City Manager more flexibility to grant leave without pay as related to disaster volunteers.
When an employee volunteers for a disaster relief effort during non work hours, the impact to the employee’s benefit program is:
The City does not incur additional cost, because the employee is using accrued leave time to support relief efforts.
Employee benefits continue to accrue while the employee is using accrued leave time.
The employee is covered under the Disaster Service Worker Volunteer Program for Worker’s Compensation while volunteering in California; other states may not cover an unaffiliated volunteer. City Worker’s Compensation coverage would not be in effect.
Employee volunteers who assist the Red Cross do not receive Worker’s Compensation protection while volunteering. There is however, liability insurance to cover the Red Cross if the volunteer is operating a vehicle, but not to protect the individual.
Employee volunteers who assist the Salvation Army are provided a $5000 participant medical coverage policy after the volunteer’s (City provided) basic health insurance has been depleted.
While the City may have the authority to expand Worker’s Compensation to employees who are volunteering with relief organizations, it does create additional risk for the City and would require additional legal research and analysis.
If an employee is volunteering, they would not be covered for their actions while performing relief work. The employee may receive limited protection against personal lawsuits under the Federal Volunteer Act of 1997, while acting within their scope of training and guidelines.
Existing City policies require that the impact on local service levels be considered during supervisory reviews of leave requests.
Monetary Contributions and Supplies
Individual employees that wish to assist in disaster relief efforts, often consider contributing monetarily, contributing supplies that provide for basic needs, or volunteering locally or at the scene of a disaster.
Monetary donations to established disaster relief agencies have proven to be the best method of providing assistance and ensuring the donations reach the people in need. All of the relief agencies recognized by FEMA accept monetary donations to purchase goods for victims of disasters. These relief agencies have also proven to be the best channel to accept and distribute supplies to victims of disasters.
Benefits and Risks of Alternatives
1. Continue participating in formal Mutual Aid Agreements and clarify existing City policies to allow employees to use accrued leave time with supervisory approval, or leave without pay with City Manager approval, to volunteer.
Benefits
Risks
2. Council authorizes the City Manager to draft a policy for Council approval, similar to the State of California Hurricane Relief Program for California State Workers, providing relief time with full benefits to City employee volunteers with approved relief agencies.
Benefits
Risks
FISCAL IMPACT
Personnel and equipment costs incurred as the result of a formal mutual aid request or EMAC request would ultimately be reimbursed to the City, with the exception of the first 24 hours, which would be borne by the City. If accrued leave time or leave without pay was used by a volunteer, there may be costs associated with overtime to replace that employee, if the employee works in a position that requires predetermined staffing levels.
Conclusion
Currently, the City of Sunnyvale provides disaster relief and assistance through participation in the California Master Mutual Aid Plan and the Emergency Management Assistance Compact and allows employees to volunteer to assist relief agencies during non work hours. Employees may also request the use of accrued leave time or leave without pay as allowed by City policy and with supervisor and/or City Manager approval.
Staff research has identified two viable options for Council’s consideration in supporting disaster response and relief efforts.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the City’s official notice bulleting board, posting of the agenda and report on the City’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report at the library and the City Clerk’s Office.
ALTERNATIVES
1. Continue participating in formal Mutual Aid Agreements and clarify existing City policies to allow employees to use accrued leave time with supervisory approval, or leave without pay with City Manager approval, to volunteer for disaster relief efforts during normal work hours.
2. Council authorizes the City Manager to draft a policy for Council approval, similar to the State of California Hurricane Relief Program for California State Workers, providing relief time with full benefits to City employee volunteers with approved relief agencies.
RECOMMENDATION
Staff recommends Alternative #1.
Reviewed by:
Don Johnson, Director, Public Safety
Prepared by: Tim Johnson, Deputy Chief, Special Operations Bureau
Approved by:
Amy Chan
City Manager
Attachments
A. Memo from Chief Don Johnson Regarding Worker’s Compensation Coverage for Unaffiliated Disaster Relief Volunteers
A-1 List of States that Provide Some Level of Worker’s Compensation Coverage to Disaster Relief Volunteers
B. Memo from City Attorney David Kahn Regarding Worker’s Compensation Coverage for Public Safety Worker Emergency Volunteers