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Home My WebLink AboutResolution 2009-09 providing for additional temporary partia Council/Agency Meeting Held: o Deferred/Continued to: .Approved ® C iti Hall Approved ❑ Denied ��CitavCl rk's S nature .3`-l.5- iyv o� ni ��/ / Council Meeting Date: MARCH 2, 2009 Department Number: HR 09-03 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO IL SUBMITTED BY: FRED A. WILSO , CITY ADMIDJ'� , PREPARED BY: MICHELE CARR, S SUBJECT: ADOPT RESOLUTI 20 - 09 REGARDING MILITARY LEAVE COMPENSATIO ND ENEFITS FOR EMPLOYEES Statement of Issue,Funding Source,Recommende ion,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On November 19, 2001, the City Council adopted a Resolution to continue defined compensation for those employees serving as military reservists engaged in ordered active military training and duty. Since that time, the City Council has approved Resolution (2007-19) extending the provisions of the original Resolution through December 31, 2008; thereby providing additional temporary partially paid military leave of absence and continuation of other determined benefits. This Resolution extends the authorized compensation and benefits through December 31, 2009. Funding Source: Pay and benefits are currently funded in the existing budget. Funds would be appropriately budgeted for the 2009-10 fiscal year. Recommended Action: Motion to: Adopt Resolution No. 2009- 09 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): Do not extend the provisions of Resolution No 2009-09 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 2, 2009 DEPARTMENT ID NUMBER: HR 09-03 Analysis: The City Council approved military benefits for active duty reservists on November 19, 2001 and has approved the extension of these benefits for each calendar year thereafter. The last Calendar year of benefits expired as of December 31, 2008. In compliance with state and federal law, public employers provide mandated benefits (leave, reinstatement rights etc.) to impacted employees in military service. However, federal and state law varies with respect to compensation while employees are serving on active duty. Federal law provides no requirement for salary continuance; state law limits salary continuance to the first thirty (30) days of performance of ordered military duty. Neither federal nor state law requires the continuation of employer-paid health insurance coverage for employees 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 of he or she had not been called to active military duty, including any scheduled cost of living 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 leave, vacation, sick leave, or merit step advancements during the term of 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, 2009, unless extended by the City Council. The proposed Resolution provides benefits beyond that required in the City of Huntington Beach Personnel Rules (Rule 18-22). The extension of benefits provided by the Resolution applies only to permanent employees of the City. We currently have one employee receiving military benefits. This Resolution is an outward demonstration of continued support for City of Huntington Beach employees who are military reservists and enlistees. Strategic Plan Goal: Provide quality public services with the highest standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: - N/A -2- 2/18/2009 4:37 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: March 2, 2009 DEPARTMENT ID NUMBER: HR 09-03 Atlaachrneggs): • • ' 0 Udsef • • 1. Resolution 2009-oq 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- 2/17/2009 4.58 PM r ATTACHMENT #1 J ,EFiF�Gr7vE l - f - d00 RESOLUTION NO. 2009-09 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: I. 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 eligibility to receive payment in accordance with the procedures established by the City. 2/09reso/militarvleave I Resolution No. 2009-09 7. Pay and benefits pursuant to this Resolution are conditioned upon the off cer 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 3)1, 2009, unless extended by the City Council. 9. The effective date of this Resolution shall be January 1, 2009. 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 2nd day of March , 2009. Mayor REVIEWg APPROVED: - INIT TED AND AP, City > istrator e or of Hum(,,�APPROVED AS TO FORM: jity Attorney g/09resolmilitaryleave 2 Res. No. 20 9-09 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 here-by 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 March 2, 2009 by the following vote: AYES: Dwyer, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: Carchio, Green ABSTAIN: None Cif Jerk and ex-officio blerk of the City Council of the City of Huntington Beach, California CA ROUTING SHEET INITIATING DEPARTMENT: HUMAN RESOURCES SUBJECT: RESOLUTION REGARDING MILITARY LEAVE COMPENSATION AND BENEFITS FOR EMPLOYEES COUNCIL MEETING DATE: , MARCH 2, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ 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 Attorney) 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 ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) t Not Applicable 0 Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPI ANAT110H FOR v�fi OSSONG ATTACHMENTS REVIEWED RETURNED FORW R► ED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) Aj ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: M. Carr