SR-602-007
f:\person\misc\council\staffrpt\council53military.doc Santa Monica, California
Council Meeting: October 23, 2001
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Resolution Providing for Continuation of Salary and Benefits for
Permanent City Employees Called to Active Military Duty Since
September 14, 2001
Introduction
This report requests adoption of the attached resolution providing for the continuation of
a permanent City employee?s salary and benefits in the event that the employee is
called to active military duty for homeland defense, per the President?s Executive Order
of September 14, 2001.
Background
Section 2.04.600 of the Santa Monica Municipal Code currently provides that an
employee with permanent civil service status be granted a leave of absence without pay
in the event the employee is inducted into the armed forces of the United States or
leaves his/her employment to voluntarily enter the armed forces. Under State law,
Military and Veterans Code Section 389, an employer is required to provide for the
continuation of the employee?s salary for thirty (30) calendar days in the event the
employee is called for active duty in a time of war or national emergency as proclaimed
by the President of the United States or the Congress of the United States.
On Friday, September 14, 2001, the President of the United States issued an Executive
Order declaring a National Emergency and invoking a Partial Mobilization of the Ready
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Reserve of the Armed Forces. This authorizes the Secretary of Defense to order to
active duty up to 1,000,000 members of the Ready Reserve without their consent for a
period not to exceed 24 consecutive months. Secretary of Defense Donald Rumsfeld
and President Bush have ordered up to 50,000 Reservists to active duty in response to
the national tragedies that occurred on September 11, 2001. The call-up will begin
immediately. As of October 3, 2001, two City employees with permanent civil service
status have been called to report for active duty. There are approximately twelve City
employees who are in the Reserves.
During the 1991 Gulf War and the 1999 conflict in Kosovo, some public agencies,
including Santa Monica, adopted a policy that provided for the continuation of the
permanent employee?s salary and benefits for the period of time that he/she was
required to participate in active military duty. The continuation of the employee?s salary
was handled similarly to jury duty. The affected employee was paid his/her normal
salary but was required to reimburse the City for any pay that was received from the
U.S. Government.
Discussion
The proposed resolution would guarantee continuation of salary and benefits for any
permanent City employee called to active military duty for homeland defense
assignments. Employees who receive benefits under this resolution would be required
to reimburse the City for any salary received from the U.S. Government, with said
reimbursement to be made on a monthly basis. This resolution would remain in effect
while the permanent employee is on active duty for a period not to exceed 24 months.
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Budget/Fiscal Impact
The City may find it necessary to hire temporary employees or schedule overtime to fill
in for the duties of the permanent employees called to active duty. Should all twelve
employees be called up and their positions have to be backfilled for the maximum 24
month period, the total additional expense would approximately $1,050,000.
Recommendation
It is recommended that the City Council adopt the attached resolution providing for the
continuation of the salary and benefits of any permanent (including probationary) City of
Santa Monica employee who has been called to active duty for homeland defense
assignments in the United States military since September 14, 2001, not to exceed 24
months.
Prepared by: Karen Bancroft, Director of Human Resources
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