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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 1 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). 2 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 3 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).