HomeMy WebLinkAboutLTC 038-2026 $2,358,235 Recovery from FEMA for Police Department's Overtime Costs During COVID-19 Pandemic ApprovedMIAMI BEACH
OFFICE OF THE CITY ATTORNEY
LTC No. 038-2026
TO:
FROM:
DATE:
LETTER TO COMMISSION
Mayor Steven Meiner and Members of the City Commission
Ricardo J. Dopico, City Attorney@
February 6, 2026
SUBJECT: $2,358,235 Recovery from FEMA for Police Department's Overtime Costs During COVID-19 Pandemic Approved
This letter is a follow-up to L TC No. 063-2025, where I advised you of the City's victory in
an arbitration before the United States Civilian Board of Contract Appeals (CBCA), Case
No. CBCA 8205, involving a dispute with the Federal Emergency Management Agency
(FEMA) over public assistance (PA) funding for the City of Miami Beach Police
Department's overtime costs incurred in responding to the COVID-19 pandemic. I am
pleased to share that thanks to the efforts of the City Attorney's Office, the Miami
Beach Police Department (MBPD) and the Miami Beach Fire Department (MBFD), FEMA has deemed the entire $2,358,235 to be eligible for recovery.
Background
The early days of the COVID-19 pandemic were an extreme strain on C!ty resources,
especially for first responders like our heroic MBPD personnel. Because the President of
the United States declared the COVID-19 pandemic a major disaster eligible for FEMA
PA funding, the MBPD applied for PA funding in the amount of $2,358,235, representing
reimbursement for overtime labor expenses for work performed by certain MBPDpersonnel during March of 2020.
FEMA denied the MBPD's reimbursement requests, both at an initial determination stage
and at a first appeal. FEMA took the position that the work was not eligible for PA funding
because the work represented "preventative measures" and not emergency action in
direct response to an immediate threat; reflected ineligible increased operating costs ofproviding "routine" police services; and was not '"specifically related to eligible emergency
actions to save lives or protect public health and safety or improved property."
Accordingly, the MBPD requested, and was granted, an arbitration before the CBCA.
The City Attorney's Office joined the MBPD and Deputy Chief Juan Mestas, EmergencyManager for the Fire Department, in litigating the arbitration. After extensive briefing and
the submission of written testimony,the CBCA panel agreed with the City that COVID-
19-related enforcement work (e.g.,social distancing enforcement)was in fact eligible for
PA funding.The panel instructed the parties to conduct a line-item review of MBPD
activity logs,submitted with the reimbursement request,to determine the amount to be
reimbursed.
Outcome
After months of post-arbitration review and discussions with FEMA,FEMA has deemed
the entire $2,358,235 to be eligible for recovery.
The City's case was arbitrated entirely in-house by Deputy City Attorney Henry J.
Hunnefeld and First Assistant City Attorney Freddi Mack,together with MBPD
Lieutenant Joaquin Rodriguez,MBPD Lieutenant Octavio Rabelo,MBFD Deputy
Chief Juan Mestas and consultant John Rigling from Tidal Basin Group.
As always,please feel free to contact me or Rob Rosenwald for further information about
this or any City litigation matter.
RJD/FM/ag
Encl.