Agenda - Council - 03/30/2020 - Emergency Special

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CC Special Session 4.2. Meeting Date: 03/30/2020 By: Colleen Lasher, Administrative Services Information Title: Adopt #20-066 Approving Paid Administrative Leave during Executive Order 20-20 - Stay at Home Order by Governor Walz Purpose/Background: Purpose: The purpose of this case is to provide the City Council with information regarding City employees that must stay at home as a result of the Governor's executive order and to seek direction as to their compensation. Background: Of the City's 90 employees, 79 employees are working their normal schedule. Eleven employees are, or will be working close to their normal schedule, but may experience a gap due to working remotely with potentially not having enough online training or other tasks to stay busy up to their budgeted hours. These eleven employees do not meet the eligibility requirements to be exempt from the Cybersecurity and Infrastructure Security Agency (CISA) report and are therefore bound by the stay-at-home order. Please see the attached chart for details by department. Staff discussed this matter with the City Attorney and it was recommended the employees be paid based on their normal schedule. The City Council can re-evaluate at a future date as Staff will be better prepared to discuss actual implications and liability of each alternative available. Staff recommends this approach for a minimum of the duration of the current Stay at Home Order. Staff polled a number of cities and to -date have received only responses that confirm other cities plan to pay their employees based on their normal schedules without deducting from vacation or sick leave. Certainly, the City Council may wish to explore other options and staff will be on hand to discuss alternatives. Effective April2, 2020, it is also important to be cognizant of employee's right to receive Family and Medical Leave Act (FMLA) leave or leave as provided under the Families First Coronavirus Response Act (FFCRA). Staff can discuss this new law if needed. It may be of interest to the Council to know that the City's unemployment insurance is operated under the reimbursement method. This means that if an employee files for unemployment insurance, the City must pay the invoiced amounts each quarter. A recent online webinar by The League of Minnesota Cities cautioned cities regarding this matter, stating that funds will be used, either through payroll or through unemployment insurance expenses. At the end of the day, Staff wants to ensure maximum productivity during this difficult time as it relates to the expenses we are obligated to incur. Funding Source: There is no additional funding required. Recommendation: