sr-041409-1a~~~
~;tYof City Council Report
Santa Monica
City Council Meeting: April 14, 2009
Agenda Item: 1 ° ~=}'
To: Mayor and City Council
From: Donna C. Peter, 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 10269 (CCS).
Recommended Action
Staff recommends adoption of the attached resolution, which eliminates the maximum
amount of time an eligible employee deployed to active duty can continue to receive
benefits and salary supplemental to his/her military compensation. This resolution
incorporates Resolution Number 10269 (CCS) in which the City Council authorized
additional leave time for City employees for the purpose of annual military training
beyond what was required by law. Since Resolution 10269 (CCS) is being incorporated
into the current resolution, a repeal of Resolution Number 10269 (CCS) is requested.
Executive Summary
Current State law requires an employer to provide continuation of an employee's salary
for 30 calendar days per fiscal year in the event he/she is required to participate in
reservist training during scheduled work hours or when called to active duty. Resolution
10269 (CCS) provided additional time off for military training and provided for
continuation of the benefits and regular pay less the employee's military compensation
for up to a cumulative 24 months during the employee's tenure with the City. The
attached resolution would eliminate the 24-month cap in light of the impact it could have
on employees who have been called to active service on numerous occasions, beyond
expectations, and beyond the cumulative 24-month period.
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) per fiscal year in the
event the employee is called for active duty in a time of war or national emergency as
proclaimed by the President or Congress of the United States. In January 2008, the City
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Council approved Resolution Number 10269 (CCS) authorizing additional time off for
the purpose of participating in military reserve training. In anticipation of a U.S. Army
Reserve plan to restructure training and deployment for reservists, the City Council
provided eligible employees with additional time off each fiscal year for military training,
up to a maximum 320 hours per year, depending on when they returned from their last
deployment and/or when they were expected to be called to active service again. In
addition to military training pay, the City supplements employees' military pay up to their
regular salaries and continues benefits during the period of active duty. This salary and
benefit continuation is currently limited to a cumulative 24 months in an employee's
tenure with the City.
Discussion
Resolution 10269 (CCS) addressed the increase in the time off allowed per fiscal year
for military training purposes and those amounts will remain the same with the proposed
resolution. The maximum required by law is 30 calendar days per fiscal year, and the
City's maximum is equal to or greater than the City's legal obligation.
In consideration of the. continuation of world events and the deployment of reservists
and the National Guard to active duty on repeated, lengthy, and unanticipated
assignments since 2001, the 24-month limit on the continuation of benefits and
supplemental salary to military pay may create a financial hardship for affected
employees and their families and is not in the spirit in which the City Council has acted
in the past. In accordance with the intent of prior City Council actions, the City Manager
has authorized the continuation of benefits and supplemental salary beyond the existing
24-month limitation for employees who remain on deployment pending approval of the
proposed resolution by the City Council. The proposed resolution incorporates and
amends Resolution 10269 (CCS) to provide clarifying language for administration
purposes and eliminates the 24-month limit on the continuation of benefits and
supplemental salary to military pay benefits for deployed employees. It also appeals
Resolution 10269 (CCS).
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Budget/Financial Impact
There are currently approximately eight permanent (including probationary) employees
who have received military pay for training during the past year,. four of whom have
been deployed to active duty during that time. 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 is not projected
to have a significant impact on the City's budget.
Attachment: Proposed Resolution
Resolution 10269 (CCS)
Prepared by:
Roslyn Hirata, Sr. Human Resources Analyst
Approved:
C`
Donna C. Peter
Director, Human Resources
Forwarded to Council:
P(_J~mont Ewell
City Manager
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10269 {CCS}
RE5OLUTION NO.
(GITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROVIDING FOR EXTENDED TIME FOR MILITARY
RESERVE TRAINING AND CONTINUATION OF
SALARY AND BENEFITS FOR PERMANENT CITY EMPLOYEES
CALLED TO ACTIVE MILITARY DUTY 51NCE SEPTEMBER 14,2001
WHEREAS, permanent (including probationary) City employees who are
members of the United States military reserves currently receive up to 30 days of
military pay for monthly and annual training by law; and
WHEREAS,. National Guard and U.S. Am7y Reserve deployment and
training plans are being restructured and increased to prepare the reservists for
mobilization and deployment for up to one year once every five years or sconer, with
required monthly and annual training increasing from 14 days per fiscal year to 14 days
in year 1, 14 days in year 2, 21 days in year 3 and 29 days in year 4 in addition to
monthly weekend drills; and
WHEREAS, the City desires to acknowledge the military service of these
employees by providing sufficient time for miiifary training as required, beyond what is
required by law, in order to prevent financial hardship to these employees and their
families; and
WHEREAS, permanent (including probationary) City employees who are
members of the United States military reserves have been called to 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 ceuld 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, and
WHEREAS, Resolution Number 9710 (CGS), "A Resolution of the City
Council of the Gity of Santa Monica providing for Continuation of Salary and Benefds for
Permanent City employees Called to Active Military Duty Since September 14, 2001," is
hereby repealed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
Section 1, Effective July 1, 2007, the City Council of the City of
Santa Monica authorizes the increase of time off for any permanent (including
probaticnary) City. empiayee from 30 days (30 days is equal to 174 hours for non-fire
suppression personnel) per fiscal. year for the purpose of military reserve training to the
following schedule: First fiscal year: 174 hours of military pay; Second fiscal year. 174
hours of military pay; Third fiscal year. 240 hours of military pay; and Fourth fiscal year:
320 hours of military pay. Furthermore, Cify departments shall make every effort to
accommodate work schedule changes to provide regular days off for employees'
weekend military training obligations.
Section 2. The City Couhcil of the City of Santa Monica au#harizes the
continuation of regular salary and benefifs for any permanent (including probationary)
City employee who has been called to active duty (deployed) in the United S#ates
military, per the Executive Order of the President of the United States on September 14,
2001.
Section 3. Any permanent City employee who receives benefits underthis
Resolution will be required to reimburse the City for any compensation received for
active military service, with said reimbursement to be made on a monthly basis.
Section 4. This Resolution -shall be effective from the time the permanent
City employee is called to active duty, until the employee is ne longer on active duty for
a period not to exceed 24 months cumulatively in the employee's tenure with the City.
Section 5. 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 S#aff Union; the
Santa Monica Firefighters, Local No. 1109; the Santa. Monica Police Officers
Association; the United Transportation Union; the Public Attorneys 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 benefits
as provided in this resolution.
Section 6. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be in full force and effect.
APP,,(ROVED AS TO FORM:
~fia ~ e ou ~~
C Att rr~ey
Adopted and approved this 22nd day of January, 2008.
~~
Richard Bloom, Mayor Pro Tem
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 1 D269 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 22nd day of January, 20D8, by the following vote:
Ayes: Council members: Censer, Holbrock, McKeown, O'Connor
Mayor Pro Tem Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Shover
Mayor Katz
ATTEST:
1 ~ '~
Maria Stewart, City Jerk
Reference Resolution No.
10390 (CCS).