Policy 3.805-ER is anticipated to be adopted immediately through emergency rulemaking on August 4 (to be in effect for up to 90 days), and also through regular rule development (which may take several weeks to complete). This Notice applies to both rulemaking actions.

RULE TITLE: Emergency or Disaster Compensation and Cost Policy.

RULE NUMBERS: Policy 3.805-ER (emergency rule adoption) and 3.805 (regular rule development).

SUBJECT AREA TO BE ADDRESSED: This emergency rule will create a policy allowing payment when essential employees are working during a hurricane or other emergency and allow for reimbursement by FEMA.

PURPOSE AND EFFECT & SUMMARY: To provide guidance on employee compensation to be paid to District employees performing work during the occurrence of an emergency or disaster, and to ensure the District’s compliance with requirements of the Federal Emergency Management Agency of the US Department of Homeland Security.

SPECIFIC AUTHORITY: Fla. Stat. §§ 1001.41 (1) & (2); 1001.43(2); Chapter 252.

LAWS IMPLEMENTED: Fla. Stat. §§ Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5121-5205, as now or hereafter amended; 44 Code of Federal Regulations (CFR), Sections 204.42, 206.224 and 206.225.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY, OR WELFARE, NEEDING EMERGENCY RULE ADOPTION: The Policy needs to be adopted immediately as an emergency rule because FEMA requires that a policy be in place prior to such an emergency.

REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: A notice is being published promptly in the newspaper and on the District’s Web site and by distribution to representatives of employee organizations, and to the schools, to inform the affected persons and the public; and the emergency adoption will occur at a public hearing with public notice.

CONTACT PERSON: Michael Burke, 3300 Forest Hill Blvd., West Palm Beach FL 33406.

THE PRELIMINARY TEXT of the proposed rule may be obtained promptly without cost from the School District's web site at www.SchoolBoardPolicies.com/revisions.htm .

UPON APPROVAL BY THE BOARD, THIS EMERGENCY RULE WILL TAKE EFFECT AUGUST 4, 2010 and will remain in effect up to 90 days, or until superseded by adoption of the regular rule before that date (substantially the same content will be developed through the regular rulemaking process, which should be completed within the 90 days).

PUBLIC HEARING NOTICE: Emergency adoption is anticipated to be considered at the School Board's Special Meeting on Policies on August 4, 2010, anticipated to begin at 3:15 p.m. (an approximate time, as the actual start time may vary earlier or later) in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. AGENDA: An agenda will be available by July 29, 2010 on the District's Web site.
  Regular development of the proposed rule is also anticipated to be considered at the School Board's Special Meeting on Policies on December 31, 1969, anticipated to begin at 3:15 p.m. (an approximate time, as the actual start time may vary earlier or later) in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. AGENDA: An agenda will be available by August 13, 2010 on the District's Web site. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the agency at least 48 hours in advance by contacting the Board clerk at 434-8139. A person may submit written comments (12 copies) about the proposed action to the clerk no later than the time of the public hearing. These hearings are open to the public.

Publish: July 25, 2010