HomeMy WebLinkAboutRESOLUTION 2007-19 - ADDITIONAL TEMPORARY PARTIALLY PAID MIL "-- � iT7fur7 r
Council/Agency Meeting Held: U✓�' o0
Deferred/Continued to:
!J'Approve Conditionally Approved ❑ Denied tsb ity SigriatuiV
Council 4eeting Date: 3/5/2007 Department ID Number: ADCS-07-07
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITYAIADMINISTRA
NCIL
SUBMITTED BY: PE LOPE LBRETH-GRAFT, T
PREPARED BY: ROBERT HALL, DEPUTY CITY ADMINISTRATOR
SUBJECT: ADOPT RESOLUTION 2019 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 five 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, 2008.
Funding Source: Pay and benefits are currently funded in the existing budget.
Recommended Action: Motion to: Adopt Resolution No.2007-�9a 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): Do not extend the provisions of Resolution No. 2007-19
REQUEST FOR CITY COUNCIL ACTION
MILETING DATE: 3/5/2007 DEPARTMENT ID NUMBER: ADCS-07-07
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 five years, the City Council has approved the extension of the military compensation
and benefits Resolution.
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 (pursuant to Government Code
20994 of the California Public Employees' Retirement Law) 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, 2008, unless
extended by the City Council.
-2- 2/14120071:59 PM
REQUEST FOR CITY COUNCIL. ACTION
MEETING DATE: 3/512007 DEPARTMENT ID NUMBER: ADCS-07-07
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
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:
Not applicable
Attachment(s):
City Clerk's
Page b • Description
1. Resolution 2007-19 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.
-3- 2114120071:59 PM
ATTACHMENT 1
EFFECTIVE DATE: 01/01/2007
RESOLUTION NO. 2007-19
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 (pursuant to California
Public Employees' Retirement System (CALPERS), Government Code Section 20994) and 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.
6. Pay and benefits pursuant to this Resolution are conditioned upon the officer or
employee requesting such payment and providing satisfactory proof and documentation of
07-879/8096 1
Resolution No. 2007-19
EFFECTIVE DATE: 01/01/2007
eligibility to receive payment in accordance with the procedures established by the Deputy City
Administrator-City Services.
7. Pay and benefits pursuant to this Resolution are conditioned upon the officer or
employee providing a leave and earnings statement(LES) upon request by the City.
8. The pay and benefits authorized by this Resolution shall terminate on December 31,
2008,unless extended by the City Council.
9. The effective date of this Resolution shall be January 1, 2007.
10. The pay and benefits outlined in Section 1 apply to all officers and employees of the
City.
11. 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
12. All resolutions in conflict herewith are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 5th day of March , 2007.
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Ad inistrator �City Attorney
DPTT�TED AND APPROVED:
t"'�ew
Deputy City Administrator-City Services
07-879/8096 2
Res. No. 2007-19
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 a regular meeting thereof held on the 5th day of March, 2007 by the following
vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
9P&*J
CityVClerk and ex-officio Yerk of the
City Council of the City of
Huntington Beach, California
. RCA ROUTING SHEET
INITIATING DEPARTMENT: ADMINISTRATION
SUBJECT: APPROVE RESOLUTION FOR CONTINUATION OF
MILITARY LEAVE COMPENSATION AND BENEFITS
COUNCIL MEETING DATE: March 5, 2007
RCA ATTACHMI TS` STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached El
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attorne ) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached El
Not Applicable
Bonds (If applicable) Attached
Not Applicable
Staff Report (If applicable) Attached
Not Applicable ❑
Commission, Board or Committee Report (If applicable) Attached
Not Applicable
Findings/Conditions for Approval and/or Denial Attached El
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED? FOR ARfl18U
Administrative Staff
Deputy City Administrator (Initial) ( ) ( )
City Administrator (Initial) { )
City Clerk
EXPLANATION FOR RETURN'OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: P.Ahumada