SR-REVISED 6-X
. /(lE V,'.s.4 ,-x
.
IAN" . lQ9~
J ., .
PE:KLB:kb
council Meeting: January 22, 1991 Santa Monica, California
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 August 1, 1990
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 2104L 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 395, 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.
~1!.",.i~1O ,-X
- 1 - JA~ ..... .1
~~~~. I
DISCUSSION
To date, four city employees with permanent civil service status
have been called to report for active duty as a part of Operation
Desert Shield. The call-up period for said employees can be
anywhere from 180 days to 365 days. Congress, however, has also
given the President of the United states the authority to extend
the call-up period to as much as two years.
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.
Some public agencies have recently adopted a policy that provides
for the continuation of the permanent employee's salary for that
period of time that he/she is required to participate in active
military duty. The continuation of the employee's salary in
these cases can be handled in a manner similar to how jury duty
is currently handled - Le., the affected employee is paid
his/her normal salary but is required to reimburse the City for
any pay which is received from the U. s. Government.
The proposed resolution would therefore guarantee the
continuation of salary and benefits for any permanent city
- 2 -
employee who is called to active military duty to ensure that
these City employees would not face economic hardship while they
are serving in the military. The 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 be retroactive to August 1, 1990 and would remain in effect
until January 22, 1992.
BUDGET/FISCAL IMPACT
There would be no budget/fiscal 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 providing 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 August 1,
1990.
Prepared by: John Jalili, City Manager
Karen Bancroft, Director of Personnel
- 3 -
!
.
RESOLUTION NO. 8166(CCS)
(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 AUGUST 1, 1990
WHEREAS, permanent city employees who are members of
the United states military reserves have been called or may be
called to active military duty during the current period 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
WHEREAS, 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 maintain the regular salary
and benefits of these employees during their active military duty
such that the employees receive their 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:
- 1 -
Section 1. The city Council of the city of Santa Monica
authorizes the continuation of regular salary and benefits for
any permanent City employee who has been called to active duty in
the United states military since August 1, 1990.
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
period August 1, 1990 to January 22, 1992.
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 Legal Support Staff of Santa Monica; the Library
Guild & Library Non-Professionals, AFSCME, Local 1634, the Santa
Monica Firefighters, Local No. 1109, IAFF: the Santa Monica
Police Officers' Association; the united Transportation union,
Local 1785; the California League of City Employee Associations:
the Employees Action Committee: and the society for Union
Employment. The city Manager is authorized to execute
modifications to any Memorandum of Understanding to provide
military leave benefits as provided in this resolution.
- 2 -
~ ~ - ~ - ---
~-
~ -
.
.
Adopted and approved this 22nd day of January, 1991.
11 /of}(
Mayor
I hereby certify that the foregoing Resolution No. 8166(CCS)
was duly adopted by the City council of the City of Santa Monica
at a meeting thereof held on January 22, 1991 by the following
Council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, Mayor Abdo
Noes: Councilmembers: none
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
,~ ~
\~/J/!uv jA' / -uU''1A..>
.------ ci ty Clel1