HomeMy WebLinkAboutMilitary Leave of Absence & Continuation of Benefits Res No. 41ITY OF HUNTINGTON BE y '`"
MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: AS 03-45
Council/Agency Meeting Held: L-!).Z'dG�3
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied ��Pcrry City Cle s t#nifure
i-
Council Meeting Date: December 15, 2003 Department ID Number: AS 03-45
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION q
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �
SUBMITTED BY: RAY SILVER, City Administrator eta
PREPARED BY: WILLIAM P. WORKMAN, Assistant City Administrator = ~
a003-- u `-'
SUBJECT: ADOPT RESOLUTION 93 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. On December 16, 2002, the City Council
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. This
resolution will terminate on December 31, 2003. 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
benefits through December 31, 2004.
Funding Source: Pay and benefits are currently funded in the existing budget.
2003-
Recommended Action: Adopt Resolution No. 0,3 , a resolution of the City Council of the
city of Huntington Beach extending resolution No. 2001-93 through the calendar year 2004,
and 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.
Alternative Action: Do not extend the provisions of resolution 2001-93 and allow it to
expire on December 31, 2003.
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. On
December 16, 2002, the City Council voted to extend the military compensation and benefits
RCA Military Reserves 2003 12/1/2003 4:30 PM
SOUEST FOR COUNCIL ACTION
MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: AS 03-45
through December 2003. Without further Council action, the compensation and benefits will
expire on December 31, 2003. Due to continued volatility in the international arena, the
likelihood of military reservists and enlistees being called to active duty remains high.
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, 2004, 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
RCA Military Reserves 2003 12/1/2003 4:30 PM
NQUEST FOR COUNCIL ACT&
MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: AS 03-45
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
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
defined in the proposed resolution.
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):
City Clerk's
Page Number qo. Description
Resolutiona0�3extending resolution No. 2001-93 and 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.
RCA Author: S. Hennegen
RCA Military Reserves 2003 12/1/2003 4:30 PM
ATTACHMENT # 1
RESOLUTION NO. �-ub3 — C\ -�)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
EXTENDING RESOLUTION NO. 2001-93 THROUGH CALENDAR YEAR 2004, AND
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, on November 19, 2001,the City Council of the City of Huntington Beach adopted
Resolution No. 2001-93,which provided additional temporary partially paid military leave of absence
and a continuation of benefits for City employees called to active duty with the armed forces; and
Pursuant to Resolution 2002-127,the provisions of Resolution 2001-93 were extended for
calendar year 2003; and
Resolution No.2001-93 terminates on December 31,2003, unless extended by the City Council;
and
The City Council of the City of Huntington Beach desires to extend Resolution No. 2001-93
through December 31, 2004.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AS FOLLOWS:
l. Resolution No. 2001-93 providing for additional temporary partially paid military leave
of absence and a continuation of benefits for City employees called to active duty with the armed forces
shall be extended up through calendar year 2004.
2. The payment of benefits authorized by Resolution No. 2001-93 shall terminate on
December 31,2004, unless extended by the City Council.
3. All other provisions of Resolution No. 2001-93 remain in effect.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 15th day of December ,200_a_.
ATTEST: �..�
ity Jerk Ma
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Admi trator Ci Attorney IZ+rj'(
INITIATED AND APPROVED:
irector of Administrative Services
03reso/military leave/12/5/03 I
Res. No. 2003-93'
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 15th
day of December, 2003 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk an 7ex-o icio rk of the
City Council City o
Huntington Beach, California
• •
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administrative Services
SUBJECT: Approve Continuation of Military Leave Compensation and
Benefits Resolution
COUNCIL MEETING DATE: December 15, 2003
RCA ATTAC H M E NTS 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 Attomeyj 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 Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED'' FORMRPED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: S. Hennegen
L
•
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
EXTENDING RESOLUTION NO. 2001-93 THROUGH CALENDAR YEAR 2004 ND
PROVIDING FOR ADDITIONAL TEMPORARY PARTIALLY PAID MILITARY AVE OF
ABSENCE AND CONTINUATION OF BENEFITS FOR CITY EMPLOYEES CAL D TO ACTIVE
DUTY WITH THE ARMED FORCES
WHEREAS, on November 19, 2001,the City Council of the City of H tington Beach adopted
Resolution No. 2001-93,which provided additional temporary partially paid ilitary leave of absence
and a continuation of benefits for City employees called to active duty wit he armed forces; and
Pursuant to Resolution 2002-27,the provisions of Resolution 2 1-03 were extended for
calendar year 2003; and
Resolution No. 2001-93 terminates on December 31,2003 unless extended by the City Council;
and
The City Council of the City of Huntington Beach de res to extend Resolution No. 2001-93
through December 31,2004.
NOW, THEREFORE, BE IT RESOLVED BY T E CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AS FOLLOWS:
1. Resolution No. 2001-93 providing f additional temporary partially paid military leave
of absence and a continuation of benefits for City e ployees called to active duty with the armed forces
shall be extended up through calendar year 2004.
2. The payment of benefits autho zed by Resolution No. 2001-93 shall terminate on
December 31, 2004, unless extended by the ty Council.
3. All other provisions of Res lution No. 2001-93 remain in effect.
PASSED AND ADOPTED by t e City Council of the City of Huntington Beach at a regular
meeting thereof held on the da of , 200_
ATTEST:
City Clerk Mayor
REVIEWED AND APPROV APPROVED AS TO FORM:
City Ad nistrator 1112,6 ity Atto ey
1
INITIAT N PP VED—C�� :
Director Odministrative Services
03reso/military leave/11/24703
CU
qITY OF HUNTINGTON BEAM i 1-130
1
MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: AS 02-51
Council/Agency Meeting Held: -o L--
Deferred/Continued to:
KApproved ❑ Conditionally Approved ❑ Denied City Clerk's Sig tune
Council Meeting Date: December 16, 2002 Department ID Number: AS 02-51
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION `
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator02eA
PREPARED BY: WILLIAM P. WORKMAN, Assistant City Administrator
-/�
SUBJECT: ADOPT RESOLUTION REGARDING MILITARY LEAVE
BENEFITS FOR EMPLOYEES CALLED TO ACTIVE DUTY
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
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 and are
called into active duty. The pay and benefits authorized by this resolution will terminate on
December 31, 2002. Due to continued volatility in the international arena, the likelihood of
military reservists being called into active duty remains high. This resolution will extend the
authorized benefits through December 31, 2003.
Funding Source: Pay and benefits are currently funded in the existing budget.
Recommended Action: Adopt Resolution No./�, a resolution of the City Council of the
city of Huntington Beach extending resolution No. 2001-93 and 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.
Alternative Action: Do not extend the provisions of resolution 2001-92 and allow it to
expire on December 31, 2002.
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.
Without further Council action, the benefits for reservists will expire on December 31, 2002.
Due to continued volatility in the international arena, the likelihood of military reservists being
called to active duty remains high. One employee, who is a reservist, has already received
notice to expect orders to active military service shortly.
RCA Military Reserves -2- 12/4/2002 5:03 PM
*QUEST FOR COUNCIL ACTIN
MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: AS 02-51
Section 395.02 of the California Military and Veterans Code requires that public employees
who are ordered to temporary active duty that have served with the public agency for at least
one year receive their regular compensation for thirty days. However, 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.
The proposed resolution (Attachment 1) addresses this requirement and extends certain
other benefits as summarized below.
1. Pay Differential - 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 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 these proposed pay and benefits would terminate on December 31, 2003,
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 duty, the proposed resolution does not extend general, vacation,
and/or sick leave accruals except as required for National Guards during the first 30 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 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 defined in the proposed
resolution.
As an outward demonstration of support for our military reserves, staff recommends that all
qualifying reservists 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
RCA Military Reserves {,- 12/4/2002 4:50 PM
*QUEST FOR COUNCIL ACT@N
MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: AS 02-51
Attachment(s):
City Clerk's
Page Number qo. Description
1 Resolution extending resolution No. 2001-03 and 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. /(;;�5
RCA Author: S. Hennegen
RCA Military Reserves Z 12/4/2002 4:50 PM
ATTACHMENT
# 1
•
RESOLUTION NO. 2aa2-+77,-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH EXTENDING RESOLUTION NO. 2001-93 AND
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, on November 19, 2001, the City Council of the City of Huntington Beach
adopted Resolution No. 2001-93,which provided additional temporary partially paid military
leave of absence and a continuation of benefits for City employees called to active duty with the
armed forces; and
Resolution No. 2001-93 terminates on December 31, 2002, unless extended by the City
Council; and
The City Council of the City of Huntington Beach desires to extend Resolution No. 2001-
93 through December 31, 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AS FOLLOWS:
1. Resolution No. 2001-93 providing for additional temporary partially paid military
leave of absence and a continuation of benefits for City employees called to active duty with the
armed forces shall be extended up through calendar year 2003.
2. The pay of benefits authorized by Resolution No. 2001-93 shall terminate on
December 31, 2003, unless extended by the City Council.
3. All other provisions of Resolution No. 2001-93 remain in effect.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the I fith day of �P�emhar , 2002.
ATTEST: ,
City Clerk Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Ad nistrator ity Attorney
INITIA PROVED:
Director Administrative Services
GARESOLUW 2002\extend military.doc/12/4/02 1
Res. No. 2002-127
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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
16th day of December 2002 by the following vote:
AYES: Green, Sullivan, Boardman, Cook, Houchen, Hardy, Coeper
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio CIA of the
City Council of the City of
Huntington Beach, California
0 qby -- �,v4z.,)I I IN ,
u � �N
CITY OF HUNTINGTON BEA# zy �1
MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER:
Council/Agency Meeting Held:
Deferred/Continued to: W?
proved ❑ Con Tonally Approved ❑ Denied
--v City Clerk' S nature
Council Meeting Date: November 19, 2001 Department ID Num r:
CITY OF HUNTINGTON BEACH G =
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
., ,
SUBMITTED BY: RAY SILVER, City Administratoreltid' =Y?
_ Ci
PREPARED BY: BILL WORKMAN, Assistant City Administrator
w/-
SUBJECT: ADOPT RESOLUTION f& REGARDING MILITARY LEAVE
BENEFITS FOR EMPLOYEES CALLED TO ACTIVE DUTY
F
atement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: In recognition of the emergency caused by the recent terrorist attacks
on September 11, 2001, there is a need to adopt a resolution continuing certain
compensation for those employees who serve as military reservists and are called into active
duty.
Funding Source: Pay and benefits are currently funded in the existing budget.
Recommended Action: (Motion to):
aoD l-
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.
Alternative Action(s): The City Council may make the following alternative motion(s):
1. Do not provide the differential pay between the employee's gross pay for the city and the
military gross pay and allowances received during the term of duty.
2. Do not extend benefits to dependents for the term of duty.
3. Provide only the employee's salary for the first 30 days of service, as is currently required
under California law.
RCA Military Reserves 11/15/01 1:40 PM
( r I
•
REQUEST FOR COUNCIL ACTON
MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER:
Analysis:
With the recent terrorist attacks on September 11, 2001, an order from the President calling
active military reserve units into action has already been given. In anticipation of the
possibility that our employees may also be called, consideration needs to be given to an
updated military leave policy. Currently, the city has 10 active reservists, one of which has
been called to duty at this time. A listing of these employees is provided below.
Department # Employees Position
Police 8 6 — Officers
1 — Dispatcher
1 — Records
Fire 2 1 — Fire Suppression
1 — Info Systems
Total 10
Recommended Policy
Section 395.02 of the California Military and Veterans Code requires that public employees
who are ordered to temporary active duty that have served with the public agency for at least
one year receive their regular compensation for thirty days. However, 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.
The proposed resolution (Attachment 1) addresses this requirement and extends certain
other benefits as summarized below.
1. Pay Differential - The difference between the gross pay and allowances actually
received by the officer or employee from the United States 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.
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 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,
RCA Military Reserves - 11/15/01 10:20 AM
•
REQUEST FOR COUNCIL ACTON
MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER:
The extension of these proposed pay and benefits are retroactive to September 11, 2001,
and would terminate on December 31, 2002, unless extended by the City Council.
Former City Council Action
The last time the City Council approved military benefits for reservists was on January 22,
1991 in response to Operation Desert Storm in the Middle East. The benefits provided at
that time included pay for the first 30 days; the extension of medical, dental and vision
benefits for employee dependents; and service credits for seniority purposes up to 180 days
(Attachment 2). The pay differential proposed in this resolution was not extended.
Governing Laws
Section 389 of the California Military and Veterans Code defines temporary military leave as
"leave of absence from public employment to engage in ordered military duty for a period
which by the order is not to exceed 180 calendar days, including travel time for purposes of
active military training, encampment, naval cruises, special exercises or like activity as a
member of the reserve corps or force of the armed forces of the United States, or the
national Guard, or the Naval Militia."
Pay Benefits
Section 395.02 of the California Military and Veterans Code requires that public employees
who are ordered to temporary active duty that have served with the public agency for at least
one year receive their regular compensation for thirty days. However, 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 (Military & Veterans Code 395.05). In
addition, employees returning from military leave are entitled to have their salary adjusted to
reflect non-merit pay increases.
Health Benefits
In general, the laws require employers to continue health insurance coverage for employees
if it is extended to employees on other unpaid leaves of absence. Employers are also
obligated to allow reservists to elect to continue health care coverage and any eligible
dependents for a maximum period of 18 months.
Vacation and Sick Leave Accrual Benefits
Under California law, employees on active military duty are not entitled to accrue vacation
and sick leave during their term of duty. However, if the employer allows other employees on
unpaid leave to accrue vacation or holiday benefits, this same benefit must be extended to
military reservists. Of course, employers may extend this benefit if desired.
RCA Military Reserves - - 11/15/01 10:20 AM
•
REQUEST FOR COUNCIL ACTON
MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER:
It should be noted however that there are two exceptions to this law. The first exception
relates to temporary military leave for training purposes. According to Military Code 395 (d),
public employees serving on temporary military leave for training purposes continue to
accrue the same hours that he/she would have if the employee had not been on military
leave (up to a maximum of 180 days) based on one year of public service.
The second exception relates to employees with the National Guard. Employees with the
National Guard, regardless of length of service with the agency, accrue holiday privileges
and vacation time (but not sick leave) for the first 30 days of active service (Military &
Veterans Code 395.05).
Other Benefits
Sections 395 and 395.1 of the Military & Veterans Code also requires that employees on
training for active duty or serving on active duty continue to accrue retirement benefits. In
addition, employees returning from military leave are entitled to specific reemployment rights
based on specific noticing procedures.
Recommendations
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 duty, the proposed resolution does not extend general, vacation,
and/or sick leave accruals except as required for National Guards during the first 30 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 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 defined in the proposed
resolution.
As an outward demonstration of support for our military reserves in this national crisis, staff
does recommend that all qualifying reservists 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. The benefits proposed are comparable to other
neighboring cities (Newport Beach, Santa Ana, Anaheim, Long Beach, Garden Grove, and
Fullerton) based on a recent poll. In addition, staff has met and conferred with each of the
employee associations on this matter as required
Environmental Status:
N/A
RCA Military Reserves -g 11/15/01 10:20 AM
0
REQUEST FOR COUNCIL ACTR
MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER:
Attachment(s):
City Clerk's
Page Number No. Description
1 Resolution ®�
RCA Author: Kuhnke
RCA Military Reserves 16- 11/15/01 1:41 PM
5
ATTACHMENT # 1
0 0
RESOLUTION NO. 2001-93
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 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 to serve in support of the current actions to combat terrorism against
America, 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.
D. 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.
Ol reso/military/1 1/1-5/01 1
. 0 Res. No. 2001-93
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, 2002, unless extended by the City Council.
8. The effective date of this Resolution shall be September 11, 2001.
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 19th day of November , 2001.
ATTEST:
City Clerk �1-2�-GI Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Adm strator f-City Attorney lol
INITIAT PRO D:
Director of ministrative Se ces
0l resoimi l itary/1 1/15101 2
•
Res. No. 2001-93
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 a regular meeting thereof held on the 19th
day of November, 2001 by the following vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff,
Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, California
i •RCA ROUTING SHEET
INITIATING DEPARTMENT: City Administrator's Office
SUBJECT: Approve City Reservist Resolution
COUNCIL MEETING DATE: November 19, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
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 Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED: 170 ARDED
Administrative Staff ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial)
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Grant