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SR-6-F (84) fl€So.,..o I "F HAY 2 5 1999 PERSONNEL LR F \PERSON\MISC\COUNCIL\STAFFRPT\COUNCI36 May 25, 1999 Santa MOnica, Callforma TO Mayor and CIty CouncIl FROM City Staff SUBJECT Adoption of Resolution Providing for Continuation of Salary and Benefits for Permanent City Employees Called to Active MIlitary Duty Since May 1, 1999 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 Background SectIOn 2 04 600 ofthe 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 voluntanly 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 DISCUSSion On Tuesday, April 27, 1999, the Pentagon announced that It Will call 33,102 reservIsts to MAY 2 5 1999 6F active military duty m the Kosovo conflict The call-up will begm Immediately The reservists will serve on actIve duty for as long as one year To date, no City employees with permanent CIvil service status have been called to report for active duty One City employee IS expected to be part of the second group called to report for actIve duty, with the date unknown at this time Once the thirty (30) day salary contInuatIon provided under State law has ended, employees who are called to active military duty Incur a significant reduction In salary In addition, once an employee IS placed on "leave of absence Without pay" status, the employee must reimburse the City for the cost of his/her dependent health Insurance coverage In order to maintain said coverage ThiS further adds to the financial burden placed on the employee DUring the 1991 Gulf War, some public agencIes, Includmg 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 which was received from the U S Government The proposed resolution would guarantee contmuatlon of salary and benefits for any permanent City employee called to active military duty 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 until Apnl 3D, 2000 BudgetlFlscallmpact There would be no budgetlfiscal Impact from the resolution unless the CIty finds It necessary to hire temporary employees or schedule overtime to fill In for the duties of the permanent employees called to active duty Recommendation It IS recommended that the City Council adopt the attached resolutIOn provldmg for the continuatIon of the salary and benefIts of any City of Santa MOnica employee who has been called to active duty In the United States military since May 1, 1999 Prepared by John Jalih, City Manager Karen Bancroft, Director of Personnel ~ - 'I RESOLUTION NO 9401 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR PERMANENT CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY SINCE MAY 1,1999 WHEREAS. permanent CIty employees who are members of the UnIted States milItary reserves have been called or may be called to actIve military duty dunng the current penod of natIonal emergency, and WHEREAS, the loss of regular City salary and benefits by these employees could cause a severe financIal hardship for the employees and their families, and WH EREAS, the CIty greatly values the past contributions of these employees and desires to assist In protecting them and theIr families from financial hardshIp, and WHEREAS, the City desires to marntaln the regular salary and benefIts of these employees dUring the,r active mIlitary duty such that the employees receive the,r regular salary and benefIts and reImburse the CIty for any salary receIVed for military service. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS Sectron 1 The Crty Councd of the CIty of Santa MOnica authorized the contrnuatlon of regular salary and benefits for any permanent Crty employee who has been ~ - . called to active duty In the Umted States mlhtary since May 1, 1999 Section 2 Any permanent City employee who receives benefits under thIs Resolution will be required to reimburse the CIty for any compensation receIved for milItary service. With said reimbursement to be made on a monthly basIs SectIon 3 ThIs ResolutIon shall be effective for the penod of May 1, 1999 to April 30, 2000 Section 4 The CIty has met and conferred WIth the MUnicIpal Employees AssOciation. the Management Team Associates, the Supervisory Team Associates, the Administrative Team Associates, the Public Attorneys' Legal Support Staff Umon, the Santa MOnica FIrefighters. Local No 1109, the Santa Monica Police Officers AssocIatIon, the United Transportation Union, the PubliC Attorneys Union, the Heanng Examiners Representational Orgamzatlon, the Employee Action Committee, and the Society for Union Employment The City Manager IS authOrized to execute modIfications to any Memorandum of Understandmg to provide mllrtary leave benefits as provided In thiS resolution Section 5 The City Clerk shall certify to the adoption of thIS Resolution. and thenceforth and thereafter the same shall be In full force and effect APPROVED AS TO FORM i1vpillj~w /luLiU, Marsha JoneS Moutne City Attorney . , Adopted and approved thIs 25th of May, 1999 "- 15/1'\:1 call1,1 am O'Connor, Mayor I I. Mana M Stewart, CIty Clerk of the City of Santa MOnica, do hereby certify that the foregOIng Resolution 9401 (CCS) was duly adopted at a meeting of the Santa MonIca CIty Council held on the 25th of May, 1999 by the follOWing vote Ayes Councrlmembers Feinstein, Holbrook. McKeown, Rosenstein, Bloom, Mayor Pro Tem Genser, Mayor O'Connor Noes Councllmembers None Abstam Councllmembers None Absent Councllmembers None ATTEST ~.~...% Mana M Stewart. City Clerk