HomeMy WebLinkAboutAdopt Resolution No. 2005-4 Regarding Military Leave Compens y`� C. TES bml,j �14.
CITY OF HUNTINGTON B ACGrI
MEETING DATE: January 18, 2005 DEPARTMENT ID NUMBER: AS-05-006
Council/Agency Meeting Held: /—lf-D.-
Deferred/Continued to:
XApproved ❑ Conditionally Approved ❑ Denied e y ler 's Si ature
Council Meeting Date: January 18, 2005 Department ID Number: AS-05-006
ti
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
C!l
Cr,C
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBEkS
SUBMITTED BY: PENELOPE ULBR TH-GRAFT, Cit�Aministrator 1�wl
PREPARED BY: CHARLES THOMAS, Acting Administrative Services DirectcAr
�d05
SUBJECT: ADOPT RESOLUTION REGARDING MILITARY LEAVE
COMPENSATION AND BENEFITS FOR EMPLOYEES
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: On November 19, 2001, the City Council adopted a Resolution to
continue certain compensation for those employees who serve as military reservists engaged
in ordered active military training and duty. For the past two years, the City Council has
approved a Resolution to extend the provisions of the original resolution thereby providing for
additional temporary partially paid military leave of absence and continuation of benefits.
Due to continued volatility in the international arena, the likelihood of military reservists and
enlistees engaged in ordered active military training and duty remains high. This resolution
will extend the authorized compensation and benefits through December 31, 2006.
Funding Source: Pay and benefits are currently funded in the existing budget.
02003
Recommended Action: Adopt Resolution No. , a Resolution of the City Council of the
City of Huntington Beach, providing for additional temporary partially paid military leave of
absence and continuation of benefits for city employees called to active duty with the armed
forces.
aeon-�
Alternative Action: Do not extend the provisions of Resolution
Analysis: The City Council approved military benefits for reservists on November 19, 2001,
in response to the emergency caused by the terrorist attacks on September 11, 2001. For
the past two years, the City Council has approved the extension of the military compensation
and benefits Resolution.
RCA Military Reserves 2005 & 1/3/2005 5:20 PM
J
REQUEST FOR COUNCIL AC10N
MEETING DATE: January 18, 2005 DEPARTMENT ID NUMBER: AS-05-006
Public employers in California must comply with both state and federal law for employees
who serve in the military. In California, the Military and Veterans Code Sections 389 et seq.,
sets forth the employer obligations regarding the rights and benefits of employees serving in
the armed forces. Employers must also comply with the federal Uniformed Services
Employment and Reemployment Rights Act of 1994, 38 U.S.C. Sections 4301 et seq.
Under federal law, employers do not have any obligation to continue to pay a salary to an
employee on military leave. However, under Section 395.02 of the California Military and
Veterans Code, any public employee who is on active duty, and has been in the service of
the public agency for at least one year, is entitled to receive his or her salary for the first 30
calendar days while engaged in the performance of ordered military duty. Under Section
395.05, employees who are members of the National Guard receive their salary for the first
30 calendar days of active service regardless of length of service with the agency.
Neither federal nor state law requires an employer to continue payment for health insurance
coverage for employees who are on military leave. However, employers are not restricted
from voluntarily providing health care insurance for employees and their dependents while
the employee is on military leave.
The proposed resolution (Attachment 1) extends compensation and benefits as summarized
below.
1. Pay Differential — Continued regular pay calculated by the difference between the gross
pay and allowances actually received by the employee from the United States
government and the gross pay that said employee would have received from the City if
he or she had not been called to active military duty, including any scheduled cost of
living salary and/or benefit adjustments.
2. Service Credits - Continued retirement service credits and city service credits, excluding
the accrual of general, vacation, sick leave, or merit step advancements during the term
of ordered active military duty.
3. Benefits - Continued benefits to such employees' dependents to the same extent that he
or she would have received if not called into active military duty,
The extension of compensation and benefits will terminate on December 31, 2006, unless
extended by the City Council.
Our existing Personnel Rules require that military leave be granted in accordance with legal
requirements. The proposed resolution goes beyond the legal requirements. Additionally,
since the intent of the resolution is to keep the employee and family members financially
stable during their term of active duty, the proposed Resolution does not extend general,
vacation, and/or sick leave accruals except as required for National Guards during the first 30
calendar days of active service or for temporary military leave for training purposes as
required by law. Since these benefits are not provided to other employees on unpaid status
RCA Military Reserves 2005 -3- 1/3/2005 5:20 PM
kEQUEST FOR COUNCIL AC-h0N
MEETING DATE: January 18, 2005 DEPARTMENT ID NUMBER: AS-05-006
and the city is not legally obligated to provide such benefits, at this time, staff is not
recommending that they be included. Additionally, staff recommends that the extension of
pay and benefits past the 30-day period apply only to permanent employees of the city.
As an outward demonstration of support for our military reserves and enlistees, staff
recommends that all qualifying reservists and enlistees receive the benefit package as
itemized above and that this Resolution be approved as a temporary exception to existing
Personnel Rules or Memorandums of Understanding.
Environmental Status:
N/A
Attachment(s):
NumberCity Clerk's
Page w Resolution - Providing for additional temporary partially paid military
leave of abs nce and continuation of benefits for city employees called
to active dut with the armed forces.
RCA Author: I.Youssefieh
RCA Military Reserves 2005 -4- 1/3/2005 5:20 PM
ATTACHMENT 1
s _
RESOLUTION NO. 2 0 0 5-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH PROVIDING FOR ADDITIONAL
TEMPORARY PARTIALLY PAID MILITARY LEAVE OF ABSENCE
AND CONTINUATION OF BENEFITS FOR CITY EMPLOYEES
CALLED TO ACTIVE DUTY WITH THE ARMED FORCES
WHEREAS, a number of City of Huntington Beach employees may be or have been
called into active military service in connection with actions to combat terrorism against
America; and
The City Council of the City of Huntington Beach desires to alleviate financial hardships
that employees and their families may experience as a result of being called to active duty to
serve during such crisis,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AS FOLLOWS:
1. Each officer or employee who is called to active duty shall be entitled to receive
his or her salary for the first 30 days while engaged in the performance of ordered military duty
("Paid Leave"), as well as other qualifying benefits, as defined by the associated Military and
Veterans Codes.
2. Each officer or permanent employee of the City who is eligible to receive such
Paid Leave and, who has been, or is in the future, called to active military duty with the Armed
Forces of the United States shall be entitled to leave with partial pay pursuant to the terms of this
Resolution for the period of absence on active duty in excess of the period covered by current
Paid Leave provisions.
3. The amount of pay each officer or permanent employee shall be entitled to
receive from the City for said additional period of military leave shall be the difference between
the gross pay and allowances actually received by the officer or employee from the United States
for such service and the gross pay that said officer or employee would have received from the
City if he or she had not been called to active military duty, including any scheduled cost of
living salary and/or benefit adjustments.
4. The City shall provide continued retirement service credits and city service
credits, excluding the accrual of general, vacation, sick leave, or merit step advancements during
the term of ordered military duty.
5. The City shall provide continued benefits to such employees' dependents to the
same extent that he or she would have received if not called into active military duty.
04reso/mil ituy/12/28/04 1
Resolution No. 2005-4
6. Pay and benefits pursuant to this Resolution are conditioned upon the officer or
employee requesting such payment providing satisfactory proof and documentation of eligibility
to receive payment in accordance with the procedures established by the Director of
Administrative Services.
7. The pay and benefits authorized by this Resolution shall terminate on December
31, 2006, unless extended by the City Council.
8. The effective date of this Resolution shall be January 1, 2005.
9. The pay and benefits outlined in Section 1 apply to all officers and employees of
the City.
10. The pay and benefits outlined in Sections 2-5 apply to all officers and employees
as qualified by resolutions for the following designated employee groups:
Huntington Beach Management Employees Organization (HBMEO)
Huntington Beach Fire Management Association(HBFMA)
Huntington Beach Firefighters Association(HBFA)
Huntington Beach Municipal Employees Association (HBMEA)
Huntington Beach Police Management Association(HBPMA)
Huntington Beach Police Officers Association (HBPOA)
Marine Safety Officers Association(MSOA)
Non-Associated
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of January , 2005.
REVIEWED AND APPROVED: APPR ED AS TO FORM:
�,i
City Adz inistrator CVy
ttorney 0
�,
INITIATED AND APPROVED:
C. '4Qa�
Director of Administrative Services
04reso/military/12n8/04 2
Res. No. 2005-4
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 18th day of
January, 2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
City Cork and ex-officio Clf of the
City Council of the City of
Huntington Beach, California
i .
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administrative Services
SUBJECT: Approve Resolution for Continuation of Military Leave
Compensation and Benefits
COUNCIL MEETING DATE: January 18, 2005
RCA.ATTACHMENTS $STATUS:
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial I Not Applicable
,EXPLANATION"FOR MISSING ATTACHMENTS
REUIEWED4 RETURNED. FO"R A DED
Administrative Staff )
Assistant City Administrator (Initial)
City Administrator (initial)
City Clerk ( )
EXPLANATION FORA
ETURN OF
(BelowUse Only)
RCA Author: I. Youssefieh