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SR-012208-1H~~r City of Santa Monica City Council Report City Council Meeting: January 22, 20081 Agenda Item: ~"" r[ To: Mayor and City Council From: Karen Bancroft, Director of Human Resources Subject: Resolution to authorize additional leave time for City employees called to military reserve training and active military duty; repeal of Resolution 9710 (CCS). Recommended Action This report requests that Council adopt the attached Resolution authorizing additional leave time for City employees who are military reservists and incorporating Resolution Number 9710 (CCS) that provides continuation of regular salary and benefits for permanent (including probationary) City employees who are deployed to active duty for homeland defense in the United States military for up to 24 months. Since Resolution 9710 (CCS) is being incorporated into the current resolution, a repeal of Resolution Number 9710 (CCS) is requested. Executive Summary Current law requires an employer to provide continuation of an employee's salary for 30 days in the event he/she is required to participate in reservist training during scheduled work hours or when called to active duty. Resolution 9710 (CCS) provides continuation of regular salary and benefits for up to 24 months to eligible employees who are deployed to active military service. The attached resolution would provide for additional leave time for reservists due to an anticipated increase in required annual training. Background 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 (30 days is equal to 174 hours for non-fire suppression personnel) 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. In October, 2001, the City Council approved Resolution Number 9710 (CCS) authorizing the continuation of regular salary and benefits for any probationary and permanent City 1 employees who had been called or would be called to active duty for homeland defense in the United States military. In recognition of the past contributions of the employees and in order to assist in protecting them and their families from financial hardship, the continuation of salary and benefits remained in effect while the employee was (or- continues to be) on active duty for a period not to exceed 24 months. Employees who received benefits under that resolution have been required to reimburse the City of any salary received from the United States government, with the reimbursement made on a monthly basis. The practice has continued since 2001. Discussion The Resolution addressed the continuation of benefits for employees who had been or were going to be deployed to active military service. The standard military pay benefits for regular monthly and annual military reserve training remained at 30 days per fiscal year by law and is currently in effect. The amount of time the City provided for monthly and annual military reserve training was not addressed by Resolution Number 9710 (CCS). In June, 2007, the Chief of the U.S. Army Reserves announced a plan to restructure the training and deployment plan for reservists. The plan calls for reservists to be deployed once every five years or sooner. To prepare reservists for pre-mobilization and deployment in a more immediate manner, the reserve training structure will be modified. In addition to monthly two-day training, Year 1 of a reservist's training would be 14 days; Year 2 would be 14 days; Year 3 would be 21 days; and Year 4 would be 29 days. Although employees may have a choice of taking time off with the use of accrued time or without pay if their military reserve training obligations exceed 30 days per fiscal year, it is not the intention of the City to penalize employees for meeting those training obligations. Therefore, the allowable time off with military pay would be as follows: Year 1 of a reservist's training would be 174 hours (no change to existing policy); Year 2 would be 174 hours (no change); Year 3 would be 240 hours; and Year 4 would be 320 2 hours. Furthermore, the employee's respective department should make every effort to accommodate the employee's workweek schedule changes to provide regularly scheduled days off for employees' weekend military training obligations, minimizing the employee's need to supplement the provided military time off with personal accrued leave. Budget/Financial Impact There are currently approximately ten permanent (including probationary) employees who have received military pay for training during the past year. The specific annual budget impact cannot be calculated because it is uncertain when and for what duration the increased training periods will affect each employee; however, the additional cost has not appeared nor projected to have a significant impact on the City's budget. Attachment: Resolution 9710 (CCS) Prepared by: Karen Bancroft, Director of Human Resources Karen Hu Forwarded to Council: P.,L~a1a'iont Ewell 3 RESOLUTION NO. Ono Cccs) (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 SEPTEMBER 14, 2001 WHEREAS, permanent (including probationary) City employees who are members of the United States military reserves have been called or may be called #o 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 thorn 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: Section 1, The City Council of the City of Santa Monica authorizes the continuation of regular salary and benefits for any permanent {including probationary) City employee who has been called to active duty for homeland defense in the United States military, per the Executive Order of the President of the United States on September 14, 2001. Section 2. Any permanent City employee who receives benefits under this Resolution will be required to reimburse the City far any compensa#ion received for military service, with said reimbursement to be made on a monthly basis. Section 3. This Resolution shall be effective from September 14, 2001, or from the time the permanent City employee is called to active duty, until the employee is no longer on active duty for a period not to exceed 24 months. 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 Union; the Santa Monica Firefighters, Local Na 1109; the Santa Monica Police Officers Association; the United Transportation Union; the Public Attomeys Union; the Hearing Examiners Representational Organization; the Employee 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 benefrts 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: , ~~~~~ ~ ~ ~~.r a a Jan outrie City Attorney' Adopted and approved this 23rd of October. 2001. ' ' ~ ~`J~ Michael Feinstein, Mayor i, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9710 (CCS) was duty adopted at a meeting of the Santa Monica City Council held on the 23rd of October, 2001, by the following vote: Ayes: Council members: O'Connor, McKeown, Censer, Mayor Pro Tem Bloom, Mayor Feinstein Noes: Council members: None Abstain: Council members: None Absent: Council members: Katz, Holbrook ATTEST: Maria Stewart, City C rk Reference Resolution No. 10269 (CCS).