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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 Page 1 of 2 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 Page 2 of 2