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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