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
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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
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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
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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).