Loading...
1679ORDINANCE NO. 1679 (#29 - 2021) AN ORDINANCE ADOPTING PREMIUM PAY FOR CERTAIN CITY EMPLOYEES FROM THE AMERICAN RESCUE PLAN; AND, FOR OTHER PURPOSES. WHEREAS, the United States Congress on March 11, 2021 passed the American Rescue Plan Act of 2021, (ABPA) which provides fiscal relief funds to state and local governments, and other program areas aimed at mitigating the continuing effects of the pandemic; and WHEREAS, APRA is intended to provide support to local governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, the ARPA provides stimulus grant funds permitting cities and towns the option to provide Premium Pay for eligible employees in order to provide additional support to those who have and will bear the greatest health risks because of their service in critical infrastructure sectors; and .— WHEREAS, the United States Department of Treasury (hereinafter Treasury), has issued guidance and an Interim Final Rule (hereinafter IFR) regarding the use of ARPA funds; and WHEREAS, Premium Pay is defined by the IFR as additional compensation for "eligible workers performing essential work during the COVID-19 public health emergency;" and WHEREAS, the IFR provides that eligible workers are those "who have been and continue to be relied on to maintain continuity of operations of essential critical infrastructure sectors, including those who are critical to protecting the health and wellbeing of their communities;" and WHEREAS, Treasury recognized essential critical infrastructure sectors as "healthcare, public health and safety, childcare, education, sanitation, transportation, food production and services" and also permits each city's chief executive to add additional sectors to the list if they are "deemed critical to protect the health and well-being of its residents;" and WHEREAS, essential work involves regular in-person interactions or regular physical handling of items that were also handled by others; however, it does not include telework from a household; and WHEREAS, the IFR emphasizes the need for recipients to prioritize Premium Pay for lower income workers most impacted by the pandemic; and ORDINANCE NO. 1679 (#29 — 2021) Page Two BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: The City of Jacksonville hereby appropriates a total amount of $242,320.00 to provide Premium Pay to eligible workers who meet the following ARPA eligibility criteria: 1. An eligible worker means workers necessary to maintain the continuity of operations of essential critical infrastructures; 2. An eligible worker includes any additional sectors added by the Mayor of Jacksonville (Exhibit A); and 3. An eligible worker performing eligible work, which means regular in-person interaction or regular physical handling of items that were handled by others SECTION TWO: The City of Jacksonville shall provide to each eligible worker who is currently employed by the City on the date of enactment, Premium Pay for eligible work performed in an amount not to exceed $1040. The amount shall be determined based on eligible hours worked at the rate of $6.50 an hour for up to 160 hours during the time period the Governor had emergency order in place, April 1, 2020 until September 28, 2021. SECTION THREE: The City of Jacksonville shall pay all applicable employer payroll contributions including FICA, Medicare and APERS if applicable from the Rescue Grant. As required by law, employees must pay their own taxes and contribution requirements. SECTION FOUR: The Jacksonville City Council adopts, ratifies and enacts Premium Pay from Section 603 of the ARPA. SECTION FIVE: Nothing in this resolution shall be construed as constituting an employment contract or as altering, modifying or affecting the "at - will" employment relationship between the City and any employee of the City of Jacksonville. SECTION SIX: In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION SEVEN: Any other Ordinances in conflict herewith are hereby repealed to the extent of said conflict. This Ordinance shall be in effect from and after its date of passage. APPROVED AND ADOPTED THIS 18TH DAY OF NOVEMBER, 2021. ORDINANCE NO. 1679 (#29 — 2021) Page Three CITY OF JACKSONVILLE, ARKANSAS f BOB JOHNSO R ATTEST: SUSAN DA ITT, CITY CLERK APPROVED AS TO FORM: STEPHANIE FRIEDMAN, CITY ATTORNEY City of Jacksonville Premium Pay The City of Jacksonville has been and continues to operate during the COVID-19 public health emergency. All of our full-time employees are essential and continue to be relied on to maintain continuity of operations of essential critical infrastructure sectors, including those who are critical to protecting the health and wellbeing of our community. All of our full-time employees faced elevated health risks and will continue to do so. Each position involves interaction with citizens, vendors and co-workers. As a City, we cannot stop serving the citizens. Listed below are the City's Departments that are being paid Premium Pay. Each full time employee in the City is eligible for Premium Pay because they maintained continuity of operations and critical infrastructure sectors and are performing essential work involving regular in person interactions or regular physical handling of items handled by others. We are paying $6.50 an hour to each regular, full-time employee for 160 hours from April 1, 2020 through September 28, 2021 (the dates Arkansas Governor Hutchinson declared a state emergency). Police Department — The Police Department employees are local government workers and emergency response workers. They have regular in-person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. The Police Officers make traffic stops to keep citizens safe, work vehicle accidents, respond to calls, and sometimes perform lifesaving actions. This even involves being inside of people's homes. 911 Department — The 911 Department employees are local government workers and emergency response workers. They have regular in-person interactions with coworkers; and they have regular physical handling of items that were handled by, or are to be handled by coworkers. The 911 Department including Dispatchers meet with Officers regularly and take reports. Our Dispatchers maintain the 911 call lines and dispatch our Officers or Firefighters. Fire Department — The Jacksonville Fire Department employees are local government workers and emergency response workers. They have regular in-person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. The Jacksonville Fire Department responds to fires, vehicle accidents, and medical calls. Sometimes these responses require performing life saving actions. While other departments can be spread out to help with the prevention of COVID-19, the Fire Department does not have this option. Many times, they are the first to arrive on a medical call or scene and may have to respond without regard to COVID-19. This even involves being inside of people's homes. Street Department — The Street Department employees are local government workers. They have regular in-person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. The Street Department are another group that are difficult to segregate. They have to ride to projects in the same vehicle and be side by side while working on projects for safety. They constantly work on roads and drainage which are critical infrastructure sectors. This includes traffic management and floodplain coordination. Many of these projects include interactions with third party vendors, citizens and others. This current pay period also includes mosquito spraying to help the well-being of the citizens. Animal Control — The Animal Control Department employees are local government workers and perform health care surgeries to citizens' animals. They have regular in-person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. The Animal Control Department serves the citizens of Jacksonville by covering all areas of needs of their pets. This includes preventive shots, general information and also surgeries. The Department continues to take in animals and adopt out animals. This includes interacting with the public in the transfer of money and information. The Animal Control Officers also must respond to calls and interact with the public. Finally, the programs portion of this Department provides training and opportunities for people that enrich the well-being of the community. District Court — The District Court employees are local government workers. They have regular in-person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. The District Court throughout COVID-19 has left their doors unlocked and interacted with the public, answering calls and in person visits about court dates, tickets, fines and anything related to the Court system. The District Court still provides regular in-person court sessions to the public each week. This includes taking money for fines or tickets. This also enables the District Court to protect those citizens who need protection through the judicial process. City Attorney's Office — The City Attorney's Office employees are local government workers. They have regular in- person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. The City Attorney's Office must interact with every Department in the City, officers, citizens, and those in the court system. The City Attorney's Office attends each week's court service and provides prosecution for the City and its' citizens. This involves much person-to-person contact. This also enables the City Attorney's Office to protect those citizens who need protection through the judicial process. The City Attorney's Office must attend City Council and Planning Commission meeting each month as well to ensure City operations continue to move forward. Public Works — The Public Works Department employees are local government workers. They have regular in- person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. The Public Works Department must visit new construction and developments and citizens' homes on a daily basis to ensure plans are being followed and code/ordinances are being enforced. This involves daily interaction with citizens, builders and contractors. One of the main goals of Public Works is to ensure new developments are being done correctly as to protect citizens from future drainage and home issues. These employees also have to attend Court dates for tickets written and also have to attend Planning Commission and City Council Meetings. Citizens, builders and contractors must also obtain various building permits and visit the office and pay money. City Hall including Mayor's Human Resources', IT's, Finance's and City Clerk's Office — The Mayor's Office employees are local government workers. They have regular in-person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. This is the most diverse department as far as different jobs are concerned. The front desk interacts with citizens daily as City Hall is the main hub of the City. She directs citizens and others to the appropriate location and also serves as a notary for individuals. Human Resources, Finance, City Clerk and IT interact with the public, vendors, notaries, new hires and current employees to maintain continuity of operations. Business licenses are obtained and paid for at this location as well. Purchase orders and all money spent to maintain continuity of operations flows through this office. Both of these individuals attend City Council and Planning Commission meetings to ensure the public who cannot attend can watch via streaming. Park Department — The Parks employees are local government workers. They have regular in-person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. The parks department maintain a safe and sanitized for family to attend. Playground equipment was cleaned and sanitized three or four times daily along with workout equipment and a safe pool area to swim. Sanitation Department — The Sanitation Department employees are local government workers. They have regular in- person interactions with the public or coworkers; and they have regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers. The Garbage and Trash Department has to maintain daily trash pickup. The Recycle Center has to operate on a daily schedule for citizens drop off of recycling materials.