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Chairman Bird requested that Item 11.D., the After -School <br />Program, be taken out of order and addressed at this time. <br />AFTER SCHOOL PROGRAM <br />Assistant County Attorney Terry O'Brien made the following <br />presentation: <br />TO: Board of County Commissioners <br />THROUGH: Charles P. Vitunac, County Attorney ,t <br />James E. Chandler, County Administrat1�06 <br />FROM: Pat Callahan, Director of Recreatio <br />Joe Baird, Director of Budget �� <br />Terrence P. O'Brien, Asst. County A ty. <br />DATE: March 11, 1993 <br />RE: AFTER SCHOOL PROGRAM <br />The Board of County Commissioners authorized the institution of an <br />after school program to be administered on a self-sustaining basis by <br />the City/County recreation department utilizing teachers and other <br />Indian River County School Board employees. The teachers and aids <br />were hired as independent contractors and paid on an hourly wage with <br />no benefits. Their earnings were reported on Federal Income Tax form <br />1099. <br />A recent review of the program by the office of the County Attorney <br />lead to the legal conclusion that the teachers and aides were not <br />independent contractors but were in fact employees. Having reached <br />this conclusion a complete review of the program was conducted. The <br />results of that review have established several problem areas which <br />must be considered in determining if the program should be revised, <br />transferred, or abolished. The current program as presently <br />constituted cannot be legally sustained with that as a basic premise the <br />alternatives will be examined. <br />I. Revision <br />The teachers and aides would become employees of Indian <br />River County. Under this status, certain new rights and <br />obligations are created. Income tax must be withheld. Social <br />Security and medicare contributions by the employee and employer <br />are required. Florida State Retirement contributions must be made <br />by the County and other employee rights as set forth in the <br />personnel manual with attach. These rights and obligations <br />translate into additional operational costs which must be passed on <br />to the students. The current weekly costs to a full pay student <br />is $10.00. It is estimated that the minimum increase necessary to <br />cover the new costs will be $5.00 for a weekly total of $15.00. In <br />addition, it will be necessary to establish mandatory regulations <br />concerning the operation of the program. Currently, they are <br />merely guidelines which result in inefficiency and disparate <br />treatment at the various schools particularly with respect to the <br />waiver of fees. A school by school financial analysis is attached <br />for consideration. <br />61 <br />MAR 2 3 1993 BOOK 89 rmu'E 1.5i <br />