County attorney: overtime paid to salaried and contract staff during Hurricane Adalia was lawful

Suwannee County’s county attorney told the Board of County Commissioners on May 20 that county policy authorized overtime pay for exempt (salaried) and contracted employees when work was performed during a local state of emergency for Hurricane Adalia.

The clarification came after the chairman said he had received public inquiries about overtime payments to salaried or contracted employees during natural disasters and asked County Attorney Mister Morrison to report his findings before public comment.

Morrison told the board he reviewed applicable Florida law and the county’s personnel policies. He said he found no Florida statute that either authorized or prohibited overtime for exempt or contract employees and that, critically, Suwannee County’s personnel policy 15.03(b) — enacted in 2018 — expressly authorizes overtime for exempt employees for hours “directly attributable to” work performed under a local state of emergency.

“Yes, it’s legal that they were paid overtime for time spent during Hurricane Adalia,” Morrison said during his presentation. He also explained a later procedures amendment enacted in 2023 had created confusion among some members of the public but did not change the 2018 section authorizing overtime in a declared local emergency.

Chairman (addressed as the board’s presiding officer) and other commissioners said they had asked Morrison to research the matter to address public concern and to be transparent if any improper payments were identified. Morrison said that, had the earlier review shown wrongful payments, the remedy could include asking employees to return funds, but he confirmed the 2018 policy made the Adalia payments lawful.

Discussion: Commissioners pressed for clarity before public comment so speakers would have the county attorney’s findings available. Morrison noted that the 2023 procedural amendment had produced “shock waves” in public posts because it was enacted after the emergency but did not negate the 2018 authorization. The chairman repeatedly said the board preferred transparency and corrective action if mistakes had been made.

Outcome: No formal board motion was required; the attorney’s written research and oral summary were entered for the record and used to frame the public comment period.

Why it matters: The clarification resolved a public dispute over whether salaried or contracted staff could lawfully receive overtime during county-declared emergencies, and it affirmed the county’s past and current payroll practices insofar as they applied to Hurricane Adalia.