Guidance on Paying Employees · of their employees.” If OSHA receives a complaint about a home...

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Guidance on Paying Employees (Based on guidance from the United States Department of Labor) Employers should bear in mind state and federal laws may be modified as the United States deals with this pandemic. Check back for additional updates for this information. Do I have to pay non-exempt employees during a business closure? While employers may implement policies that allow payment to employees during a business closure, under the FLSA, employers are obligated to pay non-exempt employees only for the hours worked, not hours the employee otherwise would have worked if the employer’s business had not closed. If telecommuting or working from home is provided as a reasonable accommodation, the employer must pay non-exempt workers the minimum wage, and at least time and one half the regular rate of pay for overtime hours. How do I pay exempt employees during a business closure? Under the FLSA, employers are generally obligated to pay exempt, salaried employees their full salary in any week in which they perform any work, with limited exceptions. FLSA does not require employer-provided vacation time. Where an employer offers a bona fide vacation plan, the employer may require salaried employees to use accrued leave or vacation days as long as the employee still receives payment equal to the employee’s guaranteed salary. If an employee does not have enough accrued time to cover the absence, the employer must still pay the employee the full guaranteed compensation amount in order for them to remain exempt. Employers may not deduct from the predetermined compensation amount for absences occasioned by the office closure during a week in which the employee performs any work. Employers are not required to pay exempt, salaried employees in weeks in which they perform no work. CONTINUED ON PAGE 2 Coronavirus Q&A: A Legal Resource Guide for Employers Member Spotlight: City of Cape Canaveral Installs New Flood Barriers to Increase Resilience at Critical Facilities ............................... 7 Atlantic Beach: An Incubator for Ideas, Creativity and Action ........... 8 Safety is the Change that Makes a Difference! .................... 10 News Extra: Palm Beach League of Cities Celebrates its 50th Anniversary ......... 10 Preferred Awarded FASD Education Fund Award of Excellence for 2019 ................................ 11 Preferred Earns GFOA Certificate of Achievement for Excellence in Financial Reporting for Ninth Consecutive Year ............... 11 Spring 2020 Inside This Issue: Submitted By Rumberger | Kirk News

Transcript of Guidance on Paying Employees · of their employees.” If OSHA receives a complaint about a home...

Page 1: Guidance on Paying Employees · of their employees.” If OSHA receives a complaint about a home office, it may informally let employers know about such a complaint but will not follow

Guidance on Paying Employees

(Based on guidance from the United States Department of Labor) Employers should bear in mind state and federal laws may be modified as the United States deals with this pandemic. Check back for additional updates for this information.

Do I have to pay non-exempt employees during a business closure?

While employers may implement policies that allow payment to employees during a business closure, under the FLSA, employers are obligated to pay non-exempt employees only for the hours worked, not hours the employee otherwise would have worked if the employer’s business had not closed.

If telecommuting or working from home is provided as a reasonable accommodation, the employer must pay non-exempt workers the minimum wage, and at least time and one half the regular rate of pay for overtime hours.

How do I pay exempt employees during a business closure?

Under the FLSA, employers are generally obligated to pay exempt, salaried employees their full salary in any week in which they perform any work, with limited exceptions. FLSA does not require employer-provided vacation time.

Where an employer offers a bona fide vacation plan, the employer may require salaried employees to use accrued leave or vacation days as long as the employee still receives payment equal to the employee’s guaranteed salary.

If an employee does not have enough accrued time to cover the absence, the employer must still pay the employee the full guaranteed compensation amount in order for them to remain exempt.

Employers may not deduct from the predetermined compensation amount for absences occasioned by the office closure during a week in which the employee performs any work.

Employers are not required to pay exempt, salaried employees in weeks in which they perform no work.

CONTINUED ON PAGE 2

Coronavirus Q&A: A Legal Resource Guide for Employers Member Spotlight:

City of Cape Canaveral Installs New Flood Barriers to Increase Resilience at Critical Facilities ............................... 7

Atlantic Beach: An Incubator for Ideas, Creativity and Action ........... 8

Safety is the Change that Makes a Difference! .................... 10

News Extra: Palm Beach League of Cities Celebrates its 50th Anniversary ......... 10

Preferred Awarded FASD Education Fund Award of Excellence for 2019 ................................ 11

Preferred Earns GFOA Certificate of Achievement for Excellence in Financial Reporting for Ninth Consecutive Year ............... 11

Spring 2020

Inside This Issue:

Submitted By Rumberger | Kirk

News

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Does the employer have the authority to change work duties and work schedules because of restrictions associated with COVID-19?

• Hours/Days. The FLSA does not limit the number of hours per day or per week that employees aged 16 and over can be required to work. Again, employers should be mindful of other restrictions, such as state and local laws and wage requirements.

• Job Duties. Employees aged 18 and over may be asked to perform work outside of their job description. The DOL notes that employers may wish to consult bargaining unit representatives if they have a union contract. Employers may also want to consult their human resource teams if they anticipate assigning employees work outside of their job description during a pandemic.

• Use of Volunteers. Private sector employers who are short-staffed may seek to use volunteers to perform business tasks. The DOL notes that the FLSA has “stringent requirements with respect to the use of volunteers.” In general, under the FLSA, covered, non-exempt workers working for private, for-profit employers have to be paid at least the minimum wage and cannot volunteer their services. Employers that are private, not-for-profit organizations or public agencies may fall under certain exceptions, and are encouraged to check the DOL rules governing the circumstances where volunteering in the public and private, non-profit sectors may be allowed.

• Temporary Employees. If an employer brings on temporary employees from a staffing agency to supplement its workforce during staffing shortages, an employer may be jointly and severally liable for any unpaid wages if the employer is deemed a joint employer. The DOL recently updated and revised its joint employer guidance.

• OfferingAlternativeWorkArrangementstoQuarantinedEmployees. Employers are encouraged “to be accommodating and flexible with workers impacted by governmentimposed quarantines. Employers may offer alternative work arrangements, such as teleworking, and additional paid time off to such employees.” The DOL specifically notes that telecommuting may be offered as a reasonable accommodation, and employers must provide such employees with the same hourly rate or salary.

Can an employer require an employee to return to the worksite during the time the business is closed on an emergency basis?

Generally, employers can designate who are essential and non-essential workers during a natural disaster event. Employers should follow their own policies and consult with state and local laws as well as consulting with their collective bargaining agreement. Often times, collective bargaining agreements require premium pay for these types of call backs.

Can the employer alter the stop and start times of employee work hours?

Employers may alter the stop and start times of employees subject only to their collective bargaining agreement and state and local laws. Often times, there are Force Majeure clauses in collective bargaining agreements that allow freedom to make necessary changes in emergency situations.

Can an employer allow an employee to use accrued leave time during an emergency shutdown?

An employer can allow an employee to use leave time in accordance with their employee handbook and in accordance with their collective bargaining agreement.

Can an employer force an employee to work remotely (telework) and if so, what are the guidelines?

An employer may encourage or require employees to telework as an infection control or prevention strategy. In doing so, employers must not single out employees in violation of any Equal Employment Opportunity (EEO) laws. If teleworking is not being provided to an employee pursuant to a contractual requirement or as part of a reasonable accommodation, the employer must pay the employee for the hours actually worked and at least at the minimum wage for regular hours worked and at least time and half the regular pay for hours worked in excess of 40 hours in a workweek. Employers are still required to maintain an accurate record of hours worked for all hourly employees, and are encouraged to work with employees to establish hours of work for employees who telework and a mechanism for recording each teleworkingemployee’s hours of work.

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• Reimbursement for Telework Expenses. If an employee is required to work from home, an employer may not require an employee to pay for or reimburse the company for business expenses of the employer where doing so reduces the employee’s earnings below the required minimum wage and overtime compensation.

• TeleworkorHomeOfficeRequirements.OSHA does not have regulations regarding telework in home offices. In February 2000, OSHA issued a directive stating that it “will not conduct inspections of employees’ home offices, will not hold employers liable for employees’ home offices, and does not expect employers to inspect the home offices of their employees.” If OSHA receives a complaint about a home office, it may informally let employers know about such a complaint but will not follow up with the employer or employee. Employers who are required to keep records of work-related injuries and illnesses will continue to be responsible for maintaining such records, even if injuries or illnesses occur in the home office.

FamilyMedicalLeaveActImplications(FMLA)

CananemployeetakeFMLAtocovertheabsenceduetoillnessassociatedwiththecoronavirus?

Employees infected with Coronavirus may be entitled to FMLA. Employees who are infected with Coronavirus or who are caring for a family member who is sick with Coronavirus “may be entitled to leave under the FMLA under certain circumstances” “where complications arise that create a ‘serious health condition’” as defined by the FMLA. To be eligible for up to 12 weeks of unpaid, job-protected FMLA leave, employees must meet certain requirements if they work for a covered employer, including (1) employment by their employer for at least 12 months, (2) at least 1,250 hours of service over the previous 12 months and (3) work at a location where are least 50 employees are employed by the employer within 75 miles. “Employees on FMLA leave are entitled to the continuation of group health insurance coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.” The guidance further notes that workers who are ill with pandemic influenza or have a family member with influenza are urged to stay home to minimize the spread of the pandemic, and employers are encouraged to support these and other community mitigation strategies and should consider flexible leave policies for their employees.

DoestheFMLAcoverabsencesrelatedtoavoidingexposure?

The guidance states that “FMLA protects eligible employees who are incapacitated by a serious health condition, as may be the case with the flu where complications arise, or who are needed to care for covered family members who are incapacitated by a serious health condition. Leave taken by an employee for the purpose of avoiding exposure to the flu would not be protected under FMLA.”

Does the employer have to provide employees leave to take care of children sent home from school or otherwise provide paid leave?

At this time, no federal law requires an employer to provide non-government employees who take off from work to care for healthy children, and employers are not required by federal law to provide leave to employees caring for dependents who have been dismissed from school or child care. That being said, the DOL encourages employers to “review their leave policies to consider providing increasing flexibility to their employees and their families” “given the potential for significant illness under some pandemic influenza scenarios.

Federal law does not require employers to provide paid leave to employees who are absent from work because they are sick with pandemic flu, have been exposed to someone with the flu or are caring for someone with the flu. Although pursuant to Executive Order 13706, some federal contractors may be required to provide paid leave to employees under certain circumstances. Again state and local laws should be independently considered.

Can employers send employees home?

Employers may send employees home if they show symptoms of pandemic influenza. Employers must be sure to apply any policies or protocols in a uniform, neutral manner and in compliance with laws prohibiting discrimination in the workplace on the basis of race, sex, age, color, religion, national origin, disability, union membership, veteran status, and other categories that may be protected under state and local laws.

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Employers must obtain objective evidence that the employee poses a direct threat (i.e., a significant risk of substantial harm) and determine that there is no available reasonable accommodation (that would not pose an undue hardship) to eliminate the direct threat. Employers’ policies on sick leave as well as any applicable employment contracts or collective bargaining agreements could determine whether employers must pay employees who are not at work.

Is the Employer entitled to seek medical information from employees returning to work?

Employers may require an employee who is out sick with pandemic influenza to provide a doctor’s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work; however, the DOL asks that employers bear in mind that during a pandemic, “healthcare resources may be overwhelmed and it may be difficult for employees to get appointments with doctors or other health care providers to verify they are well or no longer contagious.” Employers are required to notify employees in advance if the employer will require a fitness for duty certification to return to work. If state or local law or terms of a collective bargaining agreement govern an employee’s return to work, those provisions should be applied.

Is an employer allowed to modify leave policies during the pandemic?

Federal equal employment opportunity laws do not prohibit employers from changing their paid sick leave policy if it is done” in a non-discriminatory manner. Before making any changes to their leave policies, employers should consult state and local laws and any applicable collective bargaining agreements and employee contracts. Employers whose employees are covered by the FMLA must have a sick leave policy that complies with the FMLA.

Under FMLA, employers may require employees seeking to use FMLA leave to provide 30-day advance notice of the need to take leave when the need is foreseeable and such notice is practicable. Employers may also require employees to provide:

• Medical certification supporting the need for leave due to a serious health condition affecting the employee or a covered family member, including periodic re certification;

• Second or third medical opinions at the employer’s expense;

• Periodic reports during leave regarding the employee’s status and intent to return to work;

• Consistent with a uniformly applied policy or practice for similarly situated employees, a fitness for duty certification. Employers should note that such certifications may be difficult to obtain during a pandemic.

In certain circumstances, employers may be permitted to require the use of paid sick and paid vacation or personal time as a substitute for FMLA leave. Employers should keep in mind that under the ADA, qualified employees may be entitled to unscheduled or unpaid leave, or modifications to the employer’s sick leave policies as reasonable accommodations.

Arelayoffsappropriateduringthistime?

If an employer temporarily closes because of a pandemic and chooses to lay off some but not all employees, employers must bear in mind that federal laws that prohibit discrimination still apply. Employers may not discriminate against an employee because he or she has requested or used FMLA leave or similar leave under state or local laws. The Worker Adjustment and Retraining Notification Act (WARN) helps ensure advance notice in cases of qualified plant closings and mass layoffs. The DOL encourages employers to “consider other options such as telecommuting” “[i]n lieu of laying off employees” who are taking leave to care for sick family members.

AmericanswithDisabilitiesConsiderations

Wehaveanemployeewhorecentlywentonacruiseandsaystheytookacoronavirustestandthatitcameback negative. Can we ask for more information before allowing them to return to work?

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Yes. According to the U.S. Department of Labor, during a pandemic health crisis, under the Americans with Disabilities Act (ADA), an employer would be allowed to require a doctor’s note, a medical examination, or a time period during which the employee has been symptom free, before it allows the employee to return to work. Specifically, an employer may require the above actions of an employee where it has a reasonable belief – based on objective evidence – that the employee’s present medical condition would (1) impair their ability to perform essential job functions (i.e., fundamental job duties) with or without reasonable accommodation, or, (2) pose a direct threat (i.e., significant risk of substantial harm that cannot be reduced or eliminated by reasonable accommodation) to safety in the workplace.

WehaveanemployeewhorecentlyreturnedfromEuropeandisdisplayingcoronavirus-likesymptoms.Canwesend them home?

Yes. Since the CDC has identified specified locations, including China, Iran, South Korea, Europe and the United Kingdom, as being countries with widespread or ongoing community spread, you can ask employees to leave the workplace and stay home for a period of 14 days from the time they left the area. Advising such workers to go home is not a disability-related action if the illness is serious enough to pose a direct threat to safety in the workplace. An employer may ask whether employees are returning from these locations, even if the travel was personal.

The US DOL has announced new guidelines to protect the American workforce from exposure to COVID-19. However, Florida Department of Equal Opportunity, who deals with unemployment benefits, has not yet acted. Likewise, it does not appear that the Florida legislation has acted in connection with unemployment compensation. Lastly, the US House has passed a billed called the Families First Coronavirus Response Act which has been sent to the Senate. If the bill passes the Senate, business will be required to pay two weeks of paid sick leave to employees. I have not read the detail of the bill and I’m sure there will be exceptions.

RemoteWorkPolicies

Should our employees work remotely?

Some businesses, like hospitality and service-oriented businesses, simply cannot have employees work remotely. Those that do, however, may still face challenges. Businesses that already employ employees working remotely should be able to transition more seamlessly to full-time remote work. For others that have either not had employees work remotely in the past, or have done so sparingly, the transition may be more difficult. Ultimately, companies must weigh the risks associated with bringing employees into a physical office where diseases are more easily spread versus the potential business disruption posed by having employees work remotely. Even if remote work poses challenges, businesses should account for the potential disruption posed by large numbers of employees being unable to work due to illness.

How should a company implement remote work?

First, a company must determine whether or not it has the technological capabilities to support large numbers of employees working remotely. Even if a company believes it has such a capability, it should be realistic about the possible technological difficulties it will face if it has never tested its remote-work capabilities on a large scale. Second, companies should ensure that employees have the equipment necessary to work remotely and understand how to utilize remote-access software. If an employee does not have equipment necessary to work remotely, the company may want to consider loaning equipment to the employee. Finally, and perhaps most importantly, the company should implement a good remote work policy.

Whatshouldbeincludedinaremoteworkpolicy?

Businesses should provide employees clear expectations and guidelines. For example, identify which employees will work remotely (or have the option to work remotely) and which employees will not work remotely. Businesses should also tell employees whether they are expected to work their normal hours, or whether employees have the option of working different hours. Finally, employers should ensure that hourly employees have a method for accurately recording their time.

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FEATURE ARTICLE

Can an employer force an employee to work remotely (telework) and if so, what are the guidelines?

An employer may encourage or require employees to telework as an infection control or prevention strategy. In doing so, employers must not single out employees in violation of any Equal Employment Opportunity (“EEO”) laws. If teleworking is not being provided to an employee pursuant to a contractual requirement or as part of a reasonable accommodation, the employer must pay the employee for the hours actually worked and at least at the minimum wage for regular hours worked and at least time and half the regular pay for hours worked in excess of 40 hours in a workweek. Employers are still required to maintain an accurate record of hours worked for all hourly employees, and are encouraged to work with employees to establish hours of work for employees who telework and a mechanism for recording each teleworkingemployee’s hours of work.

• Reimbursement for Telework Expenses. If an employee is required to work from home, an employer may not require an employee to pay for or reimburse the company for business expenses of the employer where doing so reduces the employee’s earnings below the required minimum wage and overtime compensation.

• TeleworkorHomeOfficeRequirements. OSHA does not have regulations regarding telework in home offices. In February 2000, OSHA issued a directive stating that it “will not conduct inspections of employees’ home offices, will not hold employers liable for employees’ home offices, and does not expect employers to inspect the home offices of their employees.” If OSHA receives a complaint about a home office, it may informally let employers know about such a complaint but will not follow up with the employer or employee. Employers who are required to keep records of work-related injuries and illnesses will continue to be responsible for maintaining such records, even if injuries or illnesses occur in the home office.

RumbergerKirk provides litigation and counseling services in product liability, commercial litigation, construction, IP litigation, employment, insurance coverage, professional liability and toxic torts. Offices in Florida and Alabama. www.rumberger.com.

As the global effect of the coronavirus (COVID-19) continues to evolve, Preferred Loss Control is committed to the safety and health of our members. We are closely monitoring the changing situation and will keep you apprised of any reports or requirements from the CDC, OSHA as well as local, state and federal governments.

In order to lend assistance, Preferred has updated the Target Solutions on-line training platform, the Training Network Now video streaming service as well as The Enquiron Helpline (for members with EPLI related coverages placed with Preferred) with coronavirus (COVID-19) specific resources. In addition, current CDC guidelines are located at - https://www.cdc.gov/coronavirus/2019-nCoV/index.html

Please feel free to contact your Preferred Loss Control consultant to discuss your safety and health concerns, answer your questions regarding coronavirus (COVID-19), as well as any workplace safety/liability exposures that you may have and need assistance with.

Thank you for being a valued member of Preferred and we hope you and your loved ones remain safe and healthy during this challenging time! - Your Preferred Loss Control Team

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The City of Cape Canaveral is implementing a new system of semi-permanent flood barriers at its Water Reclamation Facility (WRF) and Public Works Services Administration Building in order to combat increasing instances of flooding. The two facilities share the same area of land adjacent to the Banana River Lagoon just a few feet above sea level.

These flood barriers, which are being installed across eight separate doorways in preparation for the 2020 Atlantic Hurricane Season, are intended to take the place of sandbags.

In the past, City Staff would spend hours filling and placing sandbags around these mission critical facilities, taking up precious time needed to prepare other areas of the City.

Once their mounting racks are installed, these new flood barriers can each be deployed by a single Staff member in under a minute. Each metal barrier is 42 inches wide by 36 inches tall.

In 2017 after Hurricane Irma the City’s WRF saw severe flooding. A 2019 Vulnerability Assessment conducted by City Staff and the East Central Florida Regional Planning Council (ECFRPC) predicts Cape Canaveral will experience more frequent instances of coastal flooding and sea level rise. By 2100, the City could face between 5.15 and 8.48 feet of sea level rise.

These flood barriers are the first of numerous steps the City is taking to hardening its infrastructure in order to increase safety and resilience.

If you would like more information about these flood barriers, please contact Sustainability Programs Manager Zachary Eichholz at [email protected].

MEMBER SPOTLIGHT

City of Cape Canaveral Installs New Flood Barriers to Increase Resilience at Critical Facilities Submitted by Zachary Eichholz, Sustainability Analyst - City of Cape Canaveral

BE IN THE MEMBER SPOTLIGHTWe would like to share your best practices, success stories,and the accomplishments of your organization with fellowmembers in an upcoming edition of the Preferred News.

If interested, please contact your regional Loss Control consultant orMike Stephens - Senior Loss Control Specialist at

Email: [email protected] | Phone: 321-832-1658.

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Oh, and an abundance of citizen participation. Residents’ engagement is driving the city’s environmental-progressivism train full steam ahead, said Shane Corbin, who stepped up from planning and community development director to city manager in October.

“The bottom line,” Corbin said, “is that we couldn’t have pulled this off without a caring, active – and very smart – citizenry.”

Atlantic Beach’s resolve to become better stewards of the land accelerated in 2016 when the City Commission created a citizens panel that recommended that an Environmental Stewardship Committee (ESC) be created. By 2019, environmental leadership had risen to the top of the City Commission’s priority list.

Established in 2017, the 11-member ESC consists of residents from various backgrounds with a keen interest in preserving and enhancing the community’s natural assets. The committee vets most of the city’s environment-focused initiatives to protect and enhance Atlantic Beach’s mature and diverse maritime forest, parks and open spaces, oceanfront and marsh front.

On a mild fall afternoon in bustling Jack Russell Park, a stone’s throw from City Hall in Atlantic Beach, 20 or so local political leaders, employees and volunteers assembled for a ceremonial tree planting.

Hundreds of trees are being planted communitywide as part of a citizen-driven initiative to maintain Atlantic Beach’s spectacular tree canopy. But this tree is different, and not just because it’s a descendent of Jacksonville’s famous Treaty Oak.

The live oak sapling is a living tribute to the service and contributions of Joe Gerrity, who retired as city manager in October.

How fitting. After all, it was during Gerrity’s industrious 26-month tenure that this seaside Northeast Florida suburb took a substantial leap forward in the environmental leadership arena.

The Atlantic Beach environmental scorecard includes:

MEMBER SPOTLIGHT

Atlantic Beach: An Incubator for Ideas, Creativity and ActionSubmitted by Kevin Hogencamp, Deputy City Manager - City of Atlantic Beach

• LEED Silver-certified community designation earned

• Coastal vulnerability assessment completed

• Parks master plan initiated

• Public art, façade and landscape grant program instituted

• Tree City USA designation reinstated

• Heritage tree designated in a city park

• Community Arbor Day celebrations established

• Recycling bins placed at beach accesses and in parks

Atlantic Beach leaders, citizen volunteers and Atlantic Beach Elementary School students participate in the community’s 2018 Arbor Day celebration

Atlantic Beach residents plant trees near Tide Views Preserve in 2018; hundreds of new trees were planted throughout the coastal community

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MEMBER SPOTLIGHT

Atlantic Beach Environmental Stewardship Committee Chair Bruce Andrews (left) and newly retired city manager Joe Gerrity

ESC Chair Bruce Andrews said, “These assets contribute significantly to the quality of life of our citizens.”

The committee members were very active from the start by working with city staff to require tree-removal permittees to post signage informing the community of their intentions and by establishing a vibrant community Arbor Day celebration. Committee members then helped staff establish a web-based inventory of parks, including their description, amenities, history and archaeological value.

Mayor Ellen Glasser said, “We are blessed in Atlantic Beach not only with a very unique maritime forest but a vibrant citizenry that aims to protect it and enhance it.”

The committee also makes landscaping and beautification recommendations; monitors the enforcement of city regulations on tree removal and vegetation; and works with staff to educate property owners, developers, builders and landscape contractors about tree planting and care.

Judith Leroux, the ESC’s first chairperson, said the committee provides an avenue for citizens to share ideas, carry out projects and potentially influence policies and practices such as park maintenance and bike path planning.

“Serving on a citizen committee also has the wonderful benefit of getting to know more of your neighbors and hearing firsthand about their issues and opinions,” Leroux said. “And working closely with city staff, who of course are tasked with implementing our ideas, is also a great education in how government really works.“

Atlantic Beach’s latest and perhaps most substantial stewardship milestone is its becoming the first Florida city to be designated as a LEED Silver-certified community. The label from the U.S. Green Building Council was obtained in 2019 after the city implemented practical and measurable strategies and solutions aimed at improving sustainability and quality of life.

Glasser says the certification verifies the city’s commitment to using best practices, including a science-based approach, when making decisions about development and its impact on our environment. Ultimately, Gerrity said, “LEED for Cities will make Atlantic Beach a more environmentally friendly, efficient, sustainable and resilient community.”

Also in 2019, the city parlayed state grant funding to analyze future flood risk under projected sea-level rise. The study enabled the city to assess its vulnerability during rainfall-induced inundation and surge-and-wave-induced flooding for the years 2044, 2069 and 2119.

By better understanding the risk, the city can effectively identify areas to focus on and make informed decisions moving forward, Corbin said. “Protecting the beach, dunes, marshlands and wetlands is critical in defending the island from hurricane, erosion and flooding,” he said.

While a hefty number of stewardship boxes have been checked, the to-do list is still being tackled.

Some of the undertakings are weighty, such as developing a parks master plan and enhancing the city’s tree-protection code. Others are simply exhilarating, such as a massive bat house being planned at Dutton Island Preserve.

“By putting environmental leadership at the top of our list of priorities and by committing the resources needed to carry out our goals, I believe our town is becoming an incubator for ideas, creativity and action,” Glasser said.

The Atlantic Beach City Commission was presented a plaque in September 2019 in recognition of it becoming the first LEED Silver-certified city

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MEMBER SPOTLIGHT

Safety is the Change that Makes a Difference!

The City of Arcadia is similar to many Cities in that they have experienced struggles with worker safety due to lack of buy in and low morale. This led to numerous and costly claims.

A few years back, then new City Administrator Terry Stewart and his teammate Linda Lowe realized that to improve things change was going to have to start at the top. They began with the goal of improving job safety and team morale. They held meetings, purchased uniforms, boots and shoes. Mr. Stewart went out in the field and worked with various teams of employees. He conducted Job Hazard Analysis and came up with several ways for everyone to work more safely. Among other things, appropriate personal protective equipment (PPE) was purchased.

Linda developed and implemented an effective Safety Committee that reviews claims and recommends appropriate preventative measures are put in place. The committee reviews and updates the Safety Policy as well as recommended required training for each department. The policy is reviewed with all new employees who are also supplied with PPE on their first day on the job.

Linda and the Safety Committee conduct field inspections. The inspections ensure that PPE is used correctly and that the correct equipment is in place for each job. If the worksite is found to be unsafe, work is stopped until the correct safety measures are taken. After training and recommendations, employees may be written up if they are found to continue unsafe acts.

While interviewing Linda for this article, the thing I heard the most was that she and Mr. Stewart listened to the employees and the gave them the freedom to make the changes in their departments that where necessary.

With management’s commitment to safety they significantly reduced claims in all lines of coverage. They went from being a Risk Manager’s nightmare to being in the Spotlight !

The City is working on getting their annual training in place. They take one thing at a time as a team and get it done.

We want to congratulate City of Arcadia and their dedicated team for their good work in making safety a priority and showing others how it can be done.

Submitted by Pam Hancock, Senior Loss Control Consultant - Public Risk Underwriters of Florida, Inc.

Palm Beach League of Cities Celebrates its 50th Anniversary Submitted by Public Risk Underwriters of Florida, Inc.

Preferred celebrated the Palm Beach League of Cities 50th Anniversary with the City of Pahokee, City of Belle Glade, and former Hendry County Commissioner Janet Taylor.

The event is hosted every year by these cities that includes a toy drive and is attended by over 300 local officials.

Congratulations Palm Beach League of Cities on 50 Years.

Pictured: Former Hendry County Commissioner Janet Taylor and Pahokee City Council members at Palm Beach League Luncheon and Toy Drive

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KEY STAFF CONTACTS:

As a member of Preferred your first call should always be to your agent, if however you need help beyond your agent please feel free to contact us as indicated below:

Marketing:[email protected] Heyman

Operations:[email protected] Martin

Loss Control:[email protected] Stephens

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NEWS EXTRA

Preferred Awarded FASD Education Fund Award of Excellence for 2019 The Preferred Governmental Insurance Trust received the FASD Education Fund Award of Excellence for 2019 at the Florida Association of Special Districts (FASD) Annual Conference that took place in Fort Myers.

The FASD Education Fund Award of Excellence shows FASD’s appreciation to the companies who contribute to the betterment of district staff who take part in the Certified District Managers educational training program.

The Virginia Cebula Education Fund was created to collect contributions that fund scholarships for the CDM program.

Preferred has proudly contributed more than $35,000 over the last 11 years to the FASD’s educational efforts.

Pictured (L to R): Pam Hancock, Senior Risk Control Consultant - Public Risk Underwriters of Florida, Inc. accepting award on behalf of Preferred Governmental Insurance Trust from Tanya Quickel, FASD President | Photo Courtesy of Florida Association of Special Districts

Preferred Earns GFOA Certificate of Achievement for Excellence in Financial Reporting for Ninth Consecutive YearThe Preferred Governmental Insurance Trust has been awarded the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for the ninth consecutive year for its 2018 Comprehensive Annual Financial Report (CAFR).

Preferred was first awarded the GFOA Certificate of Achievement for Excellence in Financial Reporting in 2011 for its 2010 CAFR.

Preferred is the first public entity risk pool in Florida recognized as having earned the Certificate of Achievement and is one of about 25 similar trusts nationwide to receive recognition for this distinction.

The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting.

Please join our board, administration, and finance staff in celebrating the ongoing commitment of your Trust to excellence and to remaining clearly Preferred.

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