HomeMy WebLinkAboutRes 21-03 Regarding Wage Payments during emergency school closingsWESTLAKE ACADEMY
RESOLUTION NO. 21-03
A RESOLUTION BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY,
REGARDING WAGE PAYMENTS DURING EMERGENCY SCHOOL CLOSINGS.
WHEREAS, Governor Greg Abbott declared a state of disaster for all of Texas on
February 12, 2021 due to the imminent threat of possible injury and property damage resulting
from severe winter weather and prolonged freezing temperatures; and
WHEREAS, Westlake Academy was closed on February 16, 17, 18 and 19, 2021, due to
severe inclement weather for public safety by certain utility providers in order to conserve
electricity, natural gas and/or water; and
WHEREAS, the decision to close schools and offices on these dates was in the best interest
of the safety of our students, community, and employees; and
WHEREAS, such closures prevented many contractual and non -contractual employees of
Westlake Academy from reporting to work on such days; and
WHEREAS, Westlake Academy is not legally obligated to pay non-exempt employees
when the school is closed, it is permissible to pay employees if the Board of Trustees of Westlake
Academy ("the Board") finds that doing so is necessary in the conduct of the public schools; and,
WHEREAS, the Board finds that there is a need to address wage payments for employees
who are idled and those required to work during emergency closings;
WHEREAS, the Board is of the opinion and finds that continuing wage payments at each
employee's normal rate of pay to all regular employees —contractual and non -contractual, salaried
and non -salaried —who suffer a loss in pay due to an emergency closing is necessary in the conduct
of the public schools and serves the public purposes of increasing employee morale and safety,
reducing employee turnover, and ensuring continuity of service and instruction when Westlake
Academy reopens; and
WHEREAS, the Board further finds that as to non-exempt employees who are called on
to work during an emergency closing, payment of these employees at a premium rate for actual
hours worked, as provided is necessary in the conduct of the public schools and serves the public
purposes of maintaining morale, providing equity between idled employees and employees who
provide emergency -related services, and recognizing the services of essential staff,
WHEREAS, the Board is of the opinion and finds that it retains sufficient control over
payment of employee compensation and all employees will continue receiving regular wage
payments when not working and be paid a premium rate for actual hours worked for the days of
school closure identified herein, and that a public purpose is accomplished; and,
WA Resolution 21-03
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WHEREAS, the Board is of the opinion and finds that it is in the best interest of Westlake
Academy and Westlake Academy will receive a return benefit from such compensation of
Westlake Academy's employees; and,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: By the Board of Trustees of Westlake Academy that the statements
contained in the preamble of this Resolution are true and correct and adopted as findings of fact
and operative provisions hereof.
SECTION 2: That all employees of Westlake Academy who were prevented from
working on February 16, 17, 18 and 19, 2021 by reason of the closure of the school for severe
inclement weather shall be compensated in accordance with each employee's normal pay rate.
SECTION 3: That non-exempt employees who were called to work on February 16, 17,
18 and 19, 2021 by reason of the closure of Westlake Academy for severe inclement weather shall
be paid at the premium rate of one and one-half times their regular rate of pay for all actual hours
worked during such closure.
SECTION 4: That the Superintendent of Westlake Academy or her designee shall
determine the timing and manner in which such compensation shall be paid.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS P" DAY OF MARCH 2O21.
ATTEST:
Tod Wood, Board Secretary
APPROVED AS TO FORM:
Janet S. Bubert or L. Stanton Lowry,
School Attorney
Laura Wheat, President
Amanda DeGan, Superintendent
OF WEST;
TEXPc'
WA Resolution 21-03
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