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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
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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
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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
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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
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Adopted and approved thIs 25th of May, 1999
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15/1'\:1 call1,1
am O'Connor, Mayor
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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
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Mana M Stewart. City Clerk