Village Board

AMENDED AGENDA R PLACE: EGULAR BOARD MEETING Little Chute Village Hall DATE: Wednesday, April 1, 2020 TIME: 6:00 p.m. Due to the Governor’s “Safer at Home” Emergency Order #12 and in the interest of public health and safety, the public can access the meeting via web access. We strongly urge all residents to attend virtually through the options here: - Web registration: https://attendee.gotowebinar.com/register/9023554896024163853 - Call-in Information: 1-562-247-8422 with access code:846-502-235 - Note: The web based registration is recommended as the best way to engage in this meeting as the call in feature only provides audio access and there is not the ability to engage in the discussion. - We strongly urge you to register in advance of the meeting and testing your connection to avoid any connection issues. If you have questions, please email the Village Administrator at james@littlechutewi.org - Immediately following the agenda is more information on virtual public meetings. REGULAR ORDER OF BUSINESS A. Invocation B. Pledge of Allegiance to the Flag C. Roll call of Trustees D. Roll call of Officers and Department Heads E. Public Appearance for Items Not on the Agenda F. Consent Agenda Items on the Consent Agenda are routine in nature and require one motion to approve all items listed. Prior to voting on the Consent Agenda, items may be removed at the request of any Board Member or member of the public. Any removed items will be considered immediately following the motion to approve the other items. 1. Minutes of Regular Board Meeting of March 04, 2020 2. Minutes of Regular Board Meeting of March 18, 2020 3. Operator’s License Approval: Amador, Julissa Moasis Travel Plaza  4. Disbursement List G. Action—Resolutions a) Adopt Resolution No. 12, Series 2020 A Resolution Authorizing the Submittal of an Application to the Community Development Investment (CDI) Grant Program for the Financial Assistance to Support the Development of a Downtown Hotel b) Adopt Resolution No. 13, Series 2020 A Resolution for Changing Polling Sites for April 7th Election H. Action—Utility, Paving, Water Main and Quiet Zone Bids I. Potential Action—Hotel Development Agreement J. Discussion—Previous Board Trustee Resolution Pay K. Discussion/Action—Work from Home Policy L. Discussion/Action—FMLA Sick Leave Policy Related to COVID-19 M. Discussion—Cheesefest N. Department and Officers Progress Reports O. Call for Unfinished Business P. Items for Future Agenda Q. Adjournment Requests from persons with disabilities who need assistance to participate in this meeting or hearing should be made with as much advance notice as possible to the Clerk’s Office at 108 West Main Street, (920) 423-3852, email: Laurie@littlechutewi.org Prepared: April 1, 2020  Information Related to Village Board Meetings due to COVID-19 – March 27, 2020 The Village of Little Chute is taking precautions related COVID-19 as it relates to Village Board meetings. On March 16th, 2020, the Wisconsin Attorney General released guidance for local communities related to Open Meetings and the use of technology while still complying with Wisconsin’s Open Meeting laws. You can find Wisconsin Department of Justice guidance here: DOJ Guidance on Open Meetings. Until further notice, the Village of Little Chute will be providing the following means for residents to interact, engage, and participate in Village Board proceedings. The proceedings of all Village of Little Chute public meetings are recorded and available for review. 1. Virtually attend the April 1st meeting by following the link here. We highly recommend registering in advance to test your connection : https://attendee.gotowebinar.com/register/9023554896024163853 2. Call-in Information: 1-562-247-8422 with access code: 846-502-235 3. If you are experiencing connectivity issues or have questions on the options above, please contact James Fenlon at james@littlechutewi.org 4. The Board Room at Village Hall will be open, but all department heads and trustees will be attending virtually. We urge residents to utilize the virtual options above and limit attendance to the greatest extent possible due to Governor Ever’s Emergency Order #12. 5. If you have questions or comments regarding the agenda or potential items on the agenda, we urge you to contact Board members regarding your concerns. You can find Board Member contact information here: http://www.littlechutewi.org/59/Meet-the-Village-Board 6. If you have questions or comments regarding the agenda, you can also contact the Village Administrator, James Fenlon, at james@littlechutewi.org or 920-423-3850. 7. If you have questions or comments regarding the agenda and want to contact a Village of Little Chute Department Head, you can find a complete staff directory here: http://www.littlechutewi.org/directory.aspx VILLAGE OF LITTLE CHUTE By: ___________________________________ Michael R. Vanden Berg, Village President Attest: Laurie Decker, Village Clerk  MINUTES OF THE REGULAR BOARD MEETING OF MARCH 18, 2020 Call to Order: President Vanden Berg called the Regular Board Meeting to Order at 6:00 p.m. Pledge of Allegiance to the Flag President Vanden Berg led members in the reciting of the Pledge of Allegiance. Roll call of Trustees PRESENT: John Elrick, Trustee Brian Van Lankveldt, Trustee David Peterson, Trustee Larry Van Lankvelt, Trustee Michael Vanden Berg, President Skip Smith, Trustee Bill Peerenboom, Trustee Roll call of Officers and Department Heads PRESENT: James Fenlon, Village Administrator Dan Meister, FVMPD Police Chief (Phone) Dave Kittel, Community Development Director Lisa Remiker-DeWall, Finance Director Kent Taylor, Director of Public Works (Phone) Chris Murawski, Village Engineer (Phone) Adam Breest, Director of Parks, Recreation and Forestry (Phone) EXCUSED: Tyler Claringbole, Village Attorney Steve Thiry, Library Director Laurie Decker, Village Clerk Public Appearance for Items Not on the Agenda None Consent Agenda Items on the Consent Agenda are routine in nature and require one motion to approve all items listed. Prior to voting on the Consent Agenda, items may be removed at the request of any Board Member or member of the public. Any removed items will be considered immediately following the motion to approve the other items. 1. Minutes of Regular Board Meeting of March 4, 2020 2. Operator License Approval for Misty DeGroot and Marina Ketterer 3. Operator License Denial for Anton Napieralla, 4. Temporary Class “B” Retailers License for Rock Cancer on August 15, 2020 5. Disbursement List Moved by Trustee Peerenboom, seconded by Trustee Smith to Approve Consent Agenda items 2, 4, and 5 as presented Ayes 7, Nays 0 – Motion Carried Trustee Peerenboom asked that the Regular Board Meeting Minutes of March 4 th be denied regarding the Board members salaries. Administrator Fenlon advised per legal counsel a three-quarter vote was the legal opinion, but these minutes will be moved to the April 1st Board meeting for discussion. Moved by Trustee Peerenboom, seconded by Van Lankveldt to Approve the Operator Denial for Anton Napieralla Ayes 7, Nays 0 – Motion Carried Other Informational Items—February Fire Monthly Report and February Report Action—Adopt Resolution No. 9, Series 2020 Approving the 2019 MS4 Report Moved by Trustee Elrick, seconded by Trustee Van Lankvelt to Adopt Resolution No. 9, Series 2020 Approving the 2019 MS4 Report Ayes 7, Nays 0 – Motion Carried Action—Adopt Resolution No. 10, Series 2020 Authorizing the Sale of Real Estate Located at 300 West Evergreen Drive to Agropur, Inc Moved by Trustee Elrick, seconded by Trustee Van Lankvelt to Adopt Resolution No. 10, Series 2020 Authorizing the Sale of Real Estate Located at 300 West Evergreen Drive to Agropur, Inc Ayes 7, Nays 0 – Motion Carried Action—Adopt Resolution No. 11, Series 2020 Declaring a State of Emergency in the Village of Little Chute Administrator Fenlon went through the procedures for keeping the Village Healthy and safe during this time. Moved by Trustee Van Lankveldt, seconded by Trustee Elrick to Adopt Resolution No. 11, Series 2020 Declaring a State of Emergency in the Village of Little Chute Ayes 7, Nays 0 – Motion Carried Potential Action—Dutch Boys, LLC Development Agreement This item is deferred for a future Board meeting. Action—2019 Budget Adjustments Director Remiker-DeWall explained the adjustments needed for the 2019 budget, 2019-2020 Budget Carryover and the Assigned Fund Balance Designations for the 2019 Comprehensive Financial Report. Moved by Trustee Peerenboom, seconded by Trustee Van Lankvelt to Approve the 2019 Budget adjustments as presented Ayes 7, Nays 0 – Motion Carried Roll Call Vote: Trustee Elrick Aye Trustee Peerenboom Aye Trustee L. Van Lankvelt Aye Trustee Peterson Aye Trustee Smith Aye Trustee B. Van Lankveldt Aye President Vanden Berg Aye Ayes 7, Nays 0 – Motion Carried Potential Action— Faith Technologies, Inc Development Agreement Administrator Fenlon went over more details for the Development Agreement for Faith Technologies, Inc. Moved by Trustee Elrick, seconded by Trustee Smith to Approve the Development Agreement for Faith Technologies, Inc. Ayes 7, Nays 0 – Motion Carried Action—2020 Summer Event Moved by Trustee Elrick, seconded by Trustee Van Lankvelt to Approve the $15,000. Special Revenue fund to execute a September 2020 event with the condition no money is spent until event is confirmed. Ayes 7, Nays 0 – Motion Carried Action—Municipal Court Changes Administrator Fenlon along with Chief Meister presented the change in the law that an armed guard must be present at all court dates if requested by the judge and staff is recommending hiring a part-time officer to be available for the Village of Little Chute Municipal Court. Moved by Trustee Van Lankveldt, seconded by Trustee Peterson to make the changes to the Municipal Court as presented. Ayes 7, Nays 0 – Motion Carried Potential Action—Sick Leave Policy Administrator Fenlon advised the Board that no action will be taken as we are waiting for the Federal regulations to be finalized. Also as an employer we want to work with our employees and do what is best for them and the Village. Department and Officers Progress Reports Departments and Officers provided progress reports to the Board Call for Unfinished Business None Items for Future Agenda None Adjournment Moved by Trustee Peterson, seconded by Trustee Smith to Adjourn the Regular Board Meeting at 7:46 p.m. Ayes 7, Nays 0 – Motion Carried VILLAGE OF LITTLE CHUTE By: ___________________________________ Michael R. Vanden Berg, Village President Attest: Laurie Decker, Village Clerk  VILLAGE OF LITTLE CHUTE RESOLUTION NO. 12, SERIES OF 2020 A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE COMMUNITY DEVELOPMENT INVESTMENT (CDI) GRANT PROGRAM FOR FINANCIAL ASSISTANCE TO SUPPORT THE DEVELOPMENT OF A DOWNTOWN HOTEL WHEREAS, The Village of Little Chute requests a CDI Grant from the Wisconsin Economic Development Corporation for the purpose of assisting the proposed Downtown Hotel project in the Village; and WHEREAS, The Village of Little Chute is invested in promoting development downtown: and WHEREAS, The 2016 Comprehensive Plan, identifies the Village should Continue to support the private sector in the redevelopment of the downtown; and WHEREAS, The Village is focused on promoting development which improves “Feet on the Streets” for business owners; and WHEREAS, the developer has secured all necessary financing except the gap funding being applied for through the CDI Grant program. NOW, THEREFORE, BE IT RESOLVED, by the Village Board of Trustees, Village of Little Chute, authorizes the Village Administrator and Community Development Director to submit an application to the Wisconsin Economic Development Corporation for the CDI Grant Program and sign necessary documents. Date introduced, approved and adopted: April 1, 2020 VILLAGE OF LITTLE CHUTE By: Michael R. Vanden Berg, Village President By: _______________________________________ Laurie Decker, Village Clerk  VILLAGE OF LITTLE CHUTE RESOLUTION NO. 13, SERIES OF 2020 A RESOLUTION OF THE MOVING WARDS 2, 6, 7, 8, 12, 13 VOTING AT VILLAGE HALL TO VOTE AT THE CIVIC CENTER FOR THE APRIL 7, 2020 SPRING ELECTION, WHEREAS, the Village of Little Chute did by resolution establish where polling locations would be for each ward, and WHEREAS, Wisconsin Statutes 5.25(2) provides cities, villages, and towns with populations under 500,000 to establish polling places by the governing body, and WHEREAS, the Village of Little Chute does not have enough poll workers to operate three polling locations for the April 7, 2020 Election due to cancellations due to the COVID-19 outbreak, NOW THEREFORE BE IT RESOLVED by the Village of Little Chute that the Board approves moving Wards 2, 6, 7, 8, 12 and 13 from voting at Village Hall to instead vote at the Civic Center on the April 7, 2020 Election; and BE IT FURTHER RESOLVED that the Village Clerk be directed to send a copy of this resolution to the Outagamie County Clerk. Adopted and approved this 1st day of April, 2020. Introduced, approved and adopted: April 1, 2020 VILLAGE OF LITTLE CHUTE By: Michael R. Vanden Berg, Village President Attest: Laurie Decker, Village Clerk  Village of Little Chute REQUEST FOR VILLAGE BOARD CONSIDERATION ITEM DESCRIPTION: Work From Home (WFH) Policy PREPARED BY: James P. Fenlon, Administrator REPORT DATE: March 27, 2020 EXPLANATION: In light of the recent events and preparing for increased pressure on providing essential services, staff are preparing for unique work environments, including working from home. In order to provide guidance to Department Heads and staff, we have drafted the attached policy and attachments. The policies themselves are self-explanatory and should be needed only under emergency management conditions. RECOMMENDATION: Approve the policies as presented. C:\Documents and Settings\jfenlon\Desktop\Village Board and Notes\IFCs 3/27/2020 2:08:10 PM  VILLAGE OF LITTLE CHUTE WORK FROM HOME POLICY AND AGREEMENT General Work Arrangements - This document specifies the terms and conditions of the Work from Home (WEFH) Agreement between ___________________________ [employee name] and the Village of Little Chute, beginning on __________________and ending on___________________. The days and hours when the employee is expected to be physically present in the workplace are _________________ [days] between the hours of __________________ [hours] and additional times designated by their supervisor. 1. The alternate work site is ____________________________________________ [address]. 2. The days and hours when the employee is expected to work from home are ______________________ [days] and _____________________________ [hours]. 3. The employee’s duties and responsibilities: a. Will remain the same as when working at the regular Village of Little Chute worksite; OR b. The specific duties and assignments authorized to be conducted at this alternate worksite are ___________________________________________________________ _________________________________________________________________ [duties]. 4. Effective communication is essential for this arrangement to be successful. The employee agrees to remain accessible during designated work hours. The following methods and times of communicating are agreed upon [contact methods, individuals, required frequency of communication, etc.]: ______________________________________________________________________________ __________________________________________________________________________ 5. The Village of Little Chute may terminate this agreement at any time, without notice, for any reason or no reason at all. Policies and Procedures 1. All applicable Employee Handbook policies apply. 2. All employees must track and record their hours worked in the same manner required as when working at the regular Village of Little Chute worksite. 3. Nonexempt employees: a. Break and rest periods must be taken as required by law and/or policy. b. Requests to work overtime or to use sick leave, vacation, or other leave must be approved by the employee’s supervisor in the same manner as required when working at the regular Village of Little Chute worksite. 4. The employee agrees to and understands that all obligations, responsibilities, terms, and conditions of employment with the Village of Little Chute remain unchanged, except those obligations and responsibilities specifically addressed in this agreement. 5. The Department Head will maintain this agreement and the work from home checklist and provide copies of the executed documents to the Village Administrator. Safety, Equipment, and Information Security 1. The employee agrees to maintain a work environment that is ergonomically sound, clean, safe, and free of obstructions and hazardous situations. 2. The employee agrees to use Village-owned equipment, records, and materials for Village of Little Chute business only, and to protect them against unauthorized or accidental access, use,  VILLAGE OF LITTLE CHUTE WORK FROM HOME POLICY AND AGREEMENT modification, destruction, or disclosure. The precautions described in this agreement apply regardless of the storage media on which information is recorded, the locations where the information is stored, the systems used to process the information, or the processes by which the information is handled. 3. The employee agrees to report to the Village any instances of loss, damage, or unauthorized access at the earliest reasonable opportunity. 4. The employee agrees to allow electronic and/or physical access to their remote worksite for purposes of assessing safety, property maintenance, and security methods, as well as job performance. 5. The employee agrees to report work-related injuries to the supervisor at the earliest reasonable opportunity. The employee agrees to hold the Village of Little Chute harmless for injury to others at the alternate work site. Equipment, Furniture, and Supplies 1. The employee agrees that the following equipment, furniture, services (e.g., telephone, internet connection, etc.) and/or supplies will be supplied by the Village of Little Chute and are itemized on the work from home checklist. 2. The employee understands that all equipment, records, and materials provided by the Village remain the property of the Village. 3. The employee agrees to return Village equipment, records, and materials within five business days of termination of this agreement. 4. Upon request, any Village-issued equipment must be returned to the Village by the employee for inspection, repair, replacement, or repossession within five business days. 5. All equipment, furniture, and/or supplies not listed in item one will be supplied and maintained by the employee. 6. The employee understands that their personal vehicle will not be used for Village business unless specifically authorized by the Village. Taxes and Zoning Regulations - The employee understands that they are responsible for tax consequences, if any, of this arrangement, and for conformance to any local zoning regulations. Employee Acknowledgment - I have read and understand this Work from Home Agreement. I understand that violations of this agreement may result in disciplinary action up to and including termination of employment. Employee Signature: ___________________________________________________________ Employee’s Name (print): ______________________________________ Date: ____________ Department Head Signature: _______________________________________________________ Department Head’s Name (print): __________________________________ Date: ____________ ATTACHMENTS: Village of Little Chute Work From Home Checklist  VILLAGE OF LITTLE CHUTE WORK FROM HOME POLICY AND AGREEMENT This list is meant to ensure that employees understand the Village of Little Chute’s policies and procedures for remote work. ☐ Employee has read and understands Company policies and procedures for telecommuting/flexible work. ☐ Employee and manager/supervisor have outlined and approved an agreement for telecommuting. ☐ Telecommuting equipment has been issued to the employee. Equipment provided: ☐ Computer ☐ Monitor ☐ Keyboard/mouse ☐ Tablet ☐ Phone/cell phone ☐ Desk ☐ Chair ☐ Other: ☐ Other: ☐ Other: ☐ Issue date: ☐ Policies and procedures for maintenance and safety of Company-issued equipment have been explained and are clearly understood. ☐ Policies and procedures covering classified, secure, and confidential data have been discussed and are clearly understood. ☐ Requirements for offsite office space and/or area have been discussed and approved. ☐ Performance expectations have been discussed and are clearly understood. ☐ Employee has participated in telecommuting/flexible workplace training or has discussed and understands all requirements. Employee signature and date:_______________________________________________ Manager/supervisor signature and date:_______________________________________  Village of Little Chute REQUEST FOR VILLAGE BOARD CONSIDERATION ITEM DESCRIPTION: Families First Coronavirus Response Act and New Village of Little Chute Policies in Response to the Federal Legislation PREPARED BY: James P. Fenlon, Administrator REPORT DATE: March 27, 2020 EXPLANATION: On Wednesday, March 18, 2020, the Families First Coronavirus Response Act (“FFCRA”) was signed into law by President Trump. As a result of this new law, the Village of Little Chute must provide two new workplace policies that are scheduled to take effect on April 2, 2020. The Village of Little Chute must adopt these policies in order comply with the recently enacted FFCRA, and in furtherance of our organization-wide effort to limit the spread of coronavirus among our employees and the general public while maintaining staffing and availability of emergency responders to maintain public health, order, safety, and essential services. Attached to this memo is the DRAFT Family and Medical Leave Policy and the Emergency Paid Sick Leave Policy required by the FFCRA. Both policies entitle eligible employees to paid leaves of absence necessitated by the coronavirus. The rights and responsibilities identified in the policies reflect those that are established under the applicable provisions of the FFCRA. The benefits available under these policies will be in effect beginning April 2, 2020 and sunset on December 31, 2020. Please note that all other Village of Little Chute policies will remain in full force and effect. Further guidance on the FFCRA is forthcoming from the appropriate agencies. When that guidance is issued, we may be required to make changes to these policies. You will notice that as part of the sick leave policy, by the federal code, we can limit the ability of certain emergency/essential personnel eligible for the benefit. In consultation with other communities, I am recommending removing that language and allowing for the new policy to be applicable for all of our employees. RECOMMENDATION: Approve the policies as presented. C:\Documents and Settings\jfenlon\Desktop\Village Board and Notes\IFCs 3/27/2020 1:27:43 PM  MEMORANDUM TO: All Employees FROM: James Fenlon, Village Administrator DATE: March 27th, 2020 RE: Families First Coronavirus Response Act and Notice of New Village of Little Chute Policies ********************************** The pandemic spread of the COVID-19 virus (“coronavirus”) has affected our daily lives profoundly. We are now under declarations of National, State and Local States of Emergency. On Wednesday, March 18, 2020, the Families First Coronavirus Response Act (“FFCRA”) was signed into law. As a result of this new law, the Village of Little Chute brings to your attention two new workplace policies that are scheduled to take effect on April 2, 2020. The Village of Little Chute is adopting these policies in order comply with the recently enacted FFCRA, and in furtherance of our organization-wide effort to limit the spread of coronavirus among our employees and the general public while maintaining staffing and availability of emergency responders to maintain public health, order, safety, and essential services. Please find attached the Village of Little Chute’s Public Health Emergency: Family and Medical Leave Policy and the Emergency Paid Sick Leave Policy required by the FFCRA. Both policies entitle eligible employees to paid leaves of absence necessitated by the coronavirus. Please review the policies carefully, as they contain important information regarding eligibility, rights, and responsibilities for paid and unpaid leave. The rights and responsibilities identified in the policies reflect those that are established under the applicable provisions of the FFCRA. The benefits available under these policies take effect beginning April 2, 2020 and sunset on December 31, 2020. Please note that, unless you are notified of revisions to other Village of Little Chute policies, they will remain in full force and effect. Further guidance on the FFCRA is forthcoming from the appropriate governmental agencies. When that guidance is issued, we may be required to make changes to these policies. We will provide you with those changes. In the meantime, we strongly encourage you to familiarize yourself with the Emergency Paid Sick Leave Policy and the Public Health Emergency: Family and Medical Leave Policy. Please direct all related inquiries to me. I am happy to discuss these policies and how they may affect your unique circumstances. FAMILIES FIRST CORONAVIRUS RESPONSE ACT: PUBLIC HEALTH EMERGENCY FAMILY AND MEDICAL LEAVE POLICY ADDENDUM TO THE VILLAGE OF LITTLE CHUTE ’S FMLA POLICY The Emergency Family and Medical Leave Expansion Act (“EFMLEA”), an amendment to the federal Family and Medical Leave Act (“FMLA”), is part of the Families First Coronavirus Response Act (“FFCRA”). The goal of the EFMLEA is to allow for use of up to twelve weeks of federal FMLA leave during the COVID-19 crisis. The law permits an eligible employee to take leave when the employee is unable to work (or telework) due to a need for leave to care for the son or daughter (under 18 years of age) of the employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable due to a public health emergency. The Village of Little Chute endeavors to provide and maintain a safe and healthy workplace and is equally committed to complying with all applicable laws. Accordingly, the Village of Little Chute has established this EFMLEA Policy Addendum to our FMLA policy to ensure that employees are informed of their rights and responsibilities as they relate to family and medical leave provided under the EFMLEA. Leave under the EFMLEA provides one additional reason for leave protected under the FMLA. There is variance between some provisions of the EFMLEA and the FMLA however, so we recommend careful review of this Policy. Should you have any questions about this Policy, please contact the Village Administrator. A. ELIGIBILITY AND REQUESTS FOR LEAVE Employees who have been employed by the Village of Little Chute for at least 30 calendar days and who are eligible under this Policy may be entitled to leave under this Policy. Eligible employees with a qualifying need related to a public health emergency, as described in Section B below, may be eligible for up to 12 weeks of EFMLEA leave. This 12-week entitlement, however, will be reduced by FMLA leave otherwise taken by an employee under the Village of Little Chute’s FMLA Policy. Eligible employees must provide the Village of Little Chute with notice of their need for leave under this Policy as soon as reasonably practicable. Notice should be provided either orally, telephonically, or in writing, including e-mail to the Village Administrator of the Village of Little Chute, or the Village of Little Chute Finance Director in his absence. Requests for leave should not be conveyed via voicemail unless circumstances prevent other forms of communication. The failure to provide notice of your need for leave may result in an unauthorized absence from work. Employees who are classified as emergency responders are not eligible for leave or the benefits available under this policy, or the FFCRA pursuant to Section 3105 of the FFCRA. The Village of Little Chute has classified the following positions as emergency responders for purposes of this policy: • Village of Little Chute Administrator Page 2 of 9  • Finance Director • Village Clerk • Police Chief • Police Captain • Police Lieutenants • Police Officers • Police Detectives • All sworn law enforcement personnel • Fire Chief • Battalion Chiefs • Fire Lieutenants • Firefighters • All firefighting personnel • Public Works Director • DPW Operations Manager • Street, Utility, and Park Foreman • DPW/DPRF Laborers • Village Engineer • Engineering Technicians • Facilities Superintendent The nature of the work performed by these employees, the possible need for additional staffing, and the exigent and dire circumstances that may exist when these employees are needed most necessitates their availability as emergency responders. The Village of Little Chute may amend this list of emergency responders at any time. B. QUALIFYING NEED RELATED TO A PUBLIC HEALTH EMERGENCY The EFMLEA entitles an eligible employee to seek leave to when the employee is unable to work (or telework) due to a need to care for the son or daughter (under 18 years of age) of the employee, if the child’s school or place of care has been closed, or the child care provider of such son or daughter is unavailable due to a public health emergency. C. COMPENSATION AND BENEFITS DURING LEAVE Protected leave under this Policy may consist of a combination of both unpaid and paid leave periods. The first 10 workdays for which an employee takes leave under this Policy are unpaid. While not required, employees may elect to substitute any accrued paid leave benefits available to the employee to cover the first 10 workdays of unpaid leave, including but not limited to, any paid sick leave to which the employee is entitled under the Emergency Paid Sick Leave Policy. To substitute paid leave for the otherwise unpaid period, the employee must satisfy all requirements for taking the accrued leave. Page 3 of 9 Any leave under this Policy taken after 10 workdays is paid as required by law. For each day of leave the employee takes after 10 workdays, the employee will be compensated in an amount equal to two-thirds of the employee’s regular rate of pay multiplied by the number of hours the employee would normally be scheduled to work. In no event shall pay while on EFMLEA leave exceed $200 per day, and $10,000 in the aggregate. During an approved leave of absence under this Policy, the Village of Little Chute will continue to make available to the employee the same insurance benefits which are available to similar employees who are not on leave. The employee on leave will continue to have responsibility to contribute his or her portion of any employee-paid premium during leave. If the employee is paid during the leave period, then the premium will be deducted from the employee’s pay. If the leave is unpaid, then the employee is responsible for arranging with the Finance Director the payment of his or her share of the premium during the period of leave. Upon termination from employment, any remaining premium amounts due from the employee for unpaid coverage will be deducted from the employee’s final check, if permitted by law. The failure to make timely premium payments may result in the loss of benefits. No employee will lose any accrued seniority or benefits while on this protected leave; however, additional seniority and benefits will not accrue during any unpaid period of leave. D. VERIFICATION OF NEED For EFMLEA leave under this Policy, a health care provider certification will not be required. The employee may need to provide information supporting the need for EFMLEA Leave. That information may include information that demonstrates the basis for the need to care for the son or daughter under age 18 that makes the employee unable to work (or telework) in circumstances when the child’s school or place of care is closed or the child care provider of such son or daughter is unavailable due to a public health emergency. Among other considerations, the Village of Little Chute will assess whether spouses or other family members are available to provide needed care thus eliminating the employee’s need for the EFMLEA Leave. Employees who wish to take a medical leave of absence for a serious health condition, for the employee or to provide needed care for an eligible family member, may seek leave under the Village of Little Chute’s standard FMLA policy. This addendum would not be applicable to such leave. See the FMLA Policy for the procedures for requesting FMLA leave under the Village of Little Chute policy including certification requirements for FMLA leave. E. RETURNING FROM EFMLEA LEAVE Where possible, employees on EFMLEA leave should provide the Village of Little Chute with at least 2 weeks’ written notice of their intent to return to work. However under no circumstances may an employee provide fewer than 2 workdays’ notice of their intent to return to work, if returning early. Any employee who returns from leave within 12 weeks, or the lesser amount of leave that was available to that employee due to other use of FMLA leave, will be reinstated to the same or an equivalent position with equivalent benefits, pay and other terms and conditions Page 4 of 9 of employment. The Village of Little Chute cannot guarantee reinstatement to employees whose leave extends beyond 12 weeks in any 12-month period, except to the extent necessary to comply with applicable state or federal laws. An employee will not have any greater right to employment than he/she would have if FMLA leave had not been taken. If due to economic conditions or other changes in the operating conditions of the Village of Little Chute a position no longer exists, the Village of Little Chute will make a reasonable offer to restore employee to equivalent employment; or if no such position exists, the Village of Little Chute will continue to consider the employee for equivalent employment that may arise for one year following the conclusion of leave. F. NONDISCRIMINATION AND NO RETALIATION The Village of Little Chute strictly prohibits any form of discrimination or retaliation in the administration of this Policy. The requesting or taking of leave under this Policy will not be used against an employee in any employment decision, including in the determination of raises, employment opportunities, or discipline. Similarly, leave under this Policy will not serve as a negative factor or count against any employee for purposes of meeting the Village of Little Chute’s attendance requirements. It is unlawful for the Village of Little Chute to interfere with, restrain, or deny the exercise of, or the attempt to exercise, employees’ rights established under the FFCRA, the EFMLEA, or this Policy. The Village of Little Chute will not retaliate against individuals because of their participation in or commencement of an action, proceeding, or investigation related to leave entitlement under the FFCRA or this Policy or for opposing any practice made unlawful by the FFCRA. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer in such cases. G. EXPIRATION OF BENEFIT In accordance with the EFMLEA, benefits pursuant to the EFMLEA and this policy expire on December 31, 2020. H. QUESTIONS If you have any questions regarding the operation or interpretation of this Policy, please contact the James Fenlon at 920-423-3850 or james@littlechutewi.org. Page 5 of 9  FAMILIES FIRST CORONAVIRUS RESPONSE ACT EMERGENCY PAID SICK LEAVE POLICY In response to the public health crisis created by the pandemic spread of the COVID-19 virus (“coronavirus”), the Families First Coronavirus Response Act (“FFCRA”) was signed into law effective March 18, 2020. As part of the FFCRA, the Emergency Paid Sick Leave Act (“EPSLA”), established paid sick leave entitlement for eligible employees during an absence for qualifying reasons, as set forth below. The Village of Little Chute desires to provide and maintain a safe and healthy workplace and is equally committed to complying with all applicable laws. Accordingly, the Village of Little Chute provides paid sick leave benefits to eligible employees in accordance with the EPSLA. This Policy is intended to provide employees with information regarding your rights and responsibilities as they relate to the paid sick leave afforded under the EPSLA. Should you have any questions about this Policy, please contact the James Fenlon, Village Administrator. A. EMPLOYEE ELIGIBILITY Eligible employees may receive emergency paid sick leave benefits, regardless of their length of employment with the Village of Little Chute, provided that a qualifying reason for leave exists and is adequately communicated to the Village of Little Chute as soon as practical. Paid sick leave under this Policy is available for immediate use for any of the qualifying reasons identified in Section B. Employees who are classified as emergency responders are not eligible for paid sick leave or the benefits available under this policy or the FFCRA pursuant to Section 5102 of the FFCRA. The Village of Little Chute has classified the following positions as emergency responders for purposes of this policy: • Village of Little Chute Administrator • Finance Director • Village Clerk • Police Chief • Police Captain • Police Lieutenants • Police Officers • Police Detectives • All sworn law enforcement personnel • Fire Chief • Battalion Chiefs • Fire Lieutenants • Firefighters • All firefighting personnel • Public Works Director • DPW Operations Manager Page 6 of 9  • Street, Utility, and Park Foreman • DPW/DPRF Laborers • Village Engineer • Engineering Technicians • Facilities Superintendent The nature of the work performed by these employees, the possible need for additional staffing, and the exigent and dire circumstances that may exist when these employees are needed most necessitates their availability as emergency responders. The Village of Little Chute may amend this list of emergency responders at any time. B. QUALIFYING REASONS FOR PAID SICK LEAVE Employees may use emergency paid sick leave under this Policy if the employee is unable to work (or telework) due to any of the following reasons: i. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; ii. The employee has been advised by a health care provider to self- quarantine due to concerns related to COVID-19; iii. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis; iv. The employee is caring for an individual who is subject to an order or has been advised by a health care provider to self-quarantine; v. The employee is caring for a son or daughter of the employee and the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions; and vi. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services. Leave available under this Policy may only be used for reasons permitted by this Policy unless otherwise required by law. C. REQUESTING PAID SICK LEAVE Employees may request leave under this Policy either orally or in writing, including email. Requests for leave should not be conveyed via voicemail unless circumstances prevent other forms of communication. Requests for paid sick leave should be directed to the Village Administrator. An employee seeking such leave should notify the Village of Little Chute or the need for leave as soon as practical after the employee becomes aware of the need for paid sick Page 7 of 9 leave but no later than the first workday (or portion of such workday) that the employee receives EPSLA Paid Sick Leave. The notice to the Village of Little Chute and request for leave must identify the need for leave as identified in Section B(i) – (vi) above. An employee may request leave as follows, or on a designated form prepared by the Village of Little Chute: Dear Administrator, I am requesting leave pursuant to the Emergency Paid Sick Leave Policy. My need for leave is based on Section (B)(INSERT SPECIFIC PROVISION) as identified in the Policy. I will need leave from _______ __, 2020 until ________ __, 2020. Sincerely, Eligible Employee The Village of Little Chute may follow up with an employee requesting such leave to obtain additional information and to advise you of other benefits available to you including FMLA and EFMLEA benefits. D. DURATION OF PAID SICK LEAVE Eligible full-time employees are entitled to 80 hours of emergency paid sick leave under this Policy. Eligible part-time employees are entitled to a number of hours equal to the number of hours that they work, on average, over a 2-week period. If your hours of work are variable, the average bi-weekly hours you worked over the prior 6 months will be used. Unused paid sick leave under this Policy will not carryover from one year to the next and such leave expires no later than December 31, 2020. On an employee’s separation from employment, any unused paid sick leave under this policy is not paid to the employee. E. COMPENSATION DURING LEAVE When taking paid sick leave under sections B(i)-B(iii) above, employees are entitled to receive their regular rate of pay as compensation during a period of absence. However, in no event shall such paid sick time pay exceed $511 per day and $5,110 in the aggregate. When taking paid sick leave under Sections B(iv) - B(vi) above, employees are entitled to receive two-thirds of their regular rate of pay as compensation during such leave. However, in no event shall such paid sick time exceed $200 per day and $2,000 in the aggregate. The eligible employee receives an aggregate maximum of 80 hours total if full-time and prorated downward for non-full-time employees. Page 8 of 9  F. EFFECT ON EXISTING POLICIES This Policy is not intended to replace any existing leave or paid time off policies maintained by the Village of Little Chute. Paid sick leave provided under this Policy is made available to eligible employees in addition to any leave or paid time off benefits provided under any of the Village of Little Chute’s existing policies. Eligible employees may first use paid sick leave under this Policy for any of the qualifying reasons identified in Section B above before using other accrued paid leave which may be available to the employee under any of the Village of Little Chute’s existing policies. The Village of Little Chute is prohibited by law from requiring employees to first use other unused and accrued paid time off benefits to which employees may be entitled under other existing policies prior to using emergency paid sick leave under this Policy. G. NONDISCRIMINATION AND NO RETALIATION The Village of Little Chute strictly prohibits any form of discrimination or retaliation in the administration of this Policy. The requesting or taking of leave under this Policy will not be used against any employee in any employment decision, including in the determination of raises, employment opportunities, or discipline. Similarly, paid sick leave under any section of this Policy will not serve as a negative factor or count against any employee for purposes of meeting the Village of Little Chute’s attendance requirements. It is unlawful for the Village of Little Chute to interfere with, restrain, or deny the exercise of, or the attempt to exercise, employees’ rights established under the EPSLA, or this Policy. The Village of Little Chute will not retaliate against individuals because of their participation in or commencement of an action, proceeding, or investigation related to paid sick leave entitlement under the EPSLA, or this Policy or for opposing any practice made unlawful by the EPSLA. H. EXPIRATION OF BENEFIT In accordance with the EPSLA, the paid emergency sick leave benefits under the EPSLA and in this Policy expire on December 31, 2020. I. QUESTIONS If you have any questions regarding the operation or interpretation of this Policy, please contact the Village Administrator at 920-423-3850 or james@littlechutewi.org. Page 9 of 9