HomeMy WebLinkAbout2004-2961
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RESOLUTION NO. 2004-296
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO EXTENDING THE COMPENSATION AND BENEFITS FOR THOSE
EMPLOYEES ON MILITARY LEAVE AS PREVIOUSLY SET FORTH IN SIDE LETTERS TO
THE POLICE SAFETY UNIT, GENERAL UNIT AND THE MANAGEMENT/CONFIDENTIAL/
UNCLASSIFIED MEMORANDUMS OF UNDERSTANDING AND RESOLUTION.
WHEREAS, the Mayor and Common Council adopted Resolution No. 2002-388
approving a Side Letter to the Police Safety Unit Memorandum Of Understanding providing
expanded compensation and benefits for those unit members involuntarily called to active military
duty prior to December 1, 2003; and
WHEREAS, the Mayor and Common Council adopted Resolution No. 2003-40 approving
a Side Letter to the General Unit Memorandum of Understanding providing expanded
compensation and benefits for those unit members involuntarily called to active military duty prior
to December 1, 2003; and
WHEREAS, the Mayor and Common Council adopted Resolution No. 2003-41 approving
a Side Letter to the Management/Confidential and Unclassified Employees' Benefits Resolution
providing for expanded compensation and benefits for these unit members involuntarily called to
active military duty prior to December 1, 2003; and
WHEREAS, the Side Letters approved by Resolution Nos. 2002-388, 2003-40 and 2003-
41 all provide for an extension of such compensation and benefits set forth in such Side Letters
for employees who are involuntarily called to active military duty after December 1, 2003 if the
Mayor and Common Council expressly approve such an extension;
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The compensation and benefits set forth in the Side Letters to the Police
Safety Unit Memorandum of Understanding, General Unit Memorandum of Understanding and
the Management/Confidential and Unclassified Employees' Benefits Resolution and approved by
Resolution Nos. 2002-388, 2003-40 and 2003-41 shall be extended to those Police Safety, General
Unit, and Management/Confidential and Unclassified employees involuntarily called to active
SDE/ed [MilitaryLeave.Res]
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RESOLUTION NO. 2004-296
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO EXTENDING THE COMPENSATION AND BENEFITS FOR THOSE
EMPLOYEES ON MILITARY LEAVE AS PREVIOUSLY SET FORTH IN SIDE LETTERS TO
THE POLICE SAFETY UNIT, GENERAL UNIT AND THE MANAGEMENT/CONFIDENTIAL/
UNCLASSIFIED MEMORANDUMS OF UNDERSTANDING AND RESOLUTION.
military duty after December 1, 2003. Copies of such Side Letters are attached hereto as Exhibits
"A," "B" and "C."
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting
thereof, held on the 20th day of September 2004, by the following vote, to
wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LONGVILLE X
MCGINNIS X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
The foregoing Resolution is hereby
2004.
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
By: GriYu-�
DG d [MilaaryLeaw R.s3
2
2004-296
EXHIBIT "A"
2004-296
Exhibit "A"
SIDE LETTER TO RESOLUTION NO. 99-155
FOR POLICE SAFETY EMPLOYEES
The following sets forth the Side Letter to Resolution No. 99-155, for full-time, regular active
Police Safety Employees. This Side Letter adds to the language in Article V, Leaves —Section
7, Military Leave, of the Police Safety Employees' Memorandum of Understanding and
supersedes the previous Side Letter adopted by Resolution 2001-364.
Article V, Leaves —Section 7, Military Leave, Subsection E (NEVV)
E. Employees who are called to active duty as a result of the activation of military
reservists beginning in September 2001, due to the crisis related to terrorist attacks on America,
and who are eligible to receive the thirty (30) calendar day military leave compensation in
accordance with Military Code § 395 et seq., shall receive the difference between their regular
City salary, as established by Charter Section 186 and their total military salary, starting the 31"
calendar day of military leave. The difference in salary shall continue for up to one year of
active military service, which includes the thirty (30) days provided for in this section. During
this one-year period, the City will continue to provide the employee the benefit plan as was
provided prior to such active duty. Payment into the PERS retirement plan will be made on a
prorated basis. Any employee activated prior to December 1, 2003, will be eligible to receive up
to a maximum of one year the benefits described above. Employees activated after December 1,
2003, will not be eligible for any benefits beyond those mandated by law, unless the Mayor and
Common Council expressly approve such compensation. This compensation provision applies
to those officers who are involuntarily called to active military duty.
The compensation provision does not include an employee's attendance at
weekend reserve meetings or drills. Employees must use their own time to attend such meetings.
Should the meetings unavoidably conflict with an employee's regular working hours, the
employee is required to use vacation leave, holiday time, compensatory time off, or leave
without pay. Employees who are called in for a medical examination to determine physical
fitness for military duty must use vacation leave or leave without pay. The thirty (30) day
compensation provision also applies to any employee on military leave, other than temporary
military leave, who is ordered into active military duty or is inducted, enlists, enters, or is
otherwise called into active military duty.
A copy of military orders must accompany the "request for leave" form and
copies of military earnings statement must be provided to the City on a monthly basis.
Employees who are eligible for military leave compensation will be placed on a leave of absence
with the right to return to their positions. The detailed procedures for processing and payment
will be discussed and established between the City of San Bernardino Finance Department and
the affected employee.
12/09/02
1:32 PM
2004-296
EXHIBIT "B"
2003-40
Exhibit "A"
SIDE LETTER TO RESOLUTION NO. 2001-303
FOR GENERAL UNIT EMPLOYEES
The following sets forth the Side Letter to Resolution No. 2001-303, for full-time, regular active
General Unit Employees. This Side Letter adds to the language in Article V, Section 11 -
Military Leave, of the General Unit Employees Memorandum of Understanding.
Article V Section I I- Military Leave (ADDITIONAL LANGUAGE)
Employees who are called to active duty as a result of the activation of military
reservists beginning in September 2001, due to the crisis related to terrorist attacks on America,
and who are eligible to receive the thirty (30) calendar day military leave compensation in
accordance with Military Code Section 395 et seq., shall receive the difference between their
regular City salary, as established by Resolution No. 6413 and their total military salary, starting
the 31" calendar day of military leave. The difference in salary shall continue for up to one year
of active military service, which includes the thirty (30) days provided for in this section. During
this one-year period, the City will continue to provide the employee the benefit plan as was
provided prior to such active duty. Payment into the PERS retirement plan will be made on a
prorated basis. Any employee activated prior to December 1, 2003, will be eligible to receive up
to a maximum of one year the benefits described above. Employees activated after December 1,
2003, will not be eligible for any benefits beyond those mandated by law, unless the Mayor and
Common Council expressly approve such compensation. This compensation provision applies to
those employees who are involuntarily called to active military duty.
The compensation provision does not include an employee's attendance at
weekend reserve meetings or drills. Employees must use their own time to attend such meetings.
Should the meetings unavoidably conflict with an employee's regular working hours, the
employee is required to use vacation leave, holiday time, compensatory time off, or leave
without pay. Employees who are called in for a medical examination to determine physical
fitness for military duty must use vacation leave or leave without pay. The thirty (30) day
compensation provision also applies to any employee on military leave, other than temporary
military leave, who is ordered into active military duty or is inducted, enlists, enters, or is
otherwise called into active military duty.
A copy of military orders must accompany the "request for leave" form and
copies of military earnings statement must be provided to the City on a monthly basis.
Employees who are eligible for military leave compensation will be placed on a leave of absence
with the right to return to their positions. The detailed procedures for processing and payment
will be discussed and established between the City of San Bernardino Finance Department and
the affected employee.
2003-40
DATE: �iG r� u. �� 5 A 61c'3
o
FOR THE
JUDITH VAUES, MAYOR
DIRECTOR OF HUMAN RESOURCES
ATTEST:
Representative of SBPEA
2004-296
EXHIBIT "C"
2003-41
Exhibit "A"
SIDE LETTER TO RESOLUTION NO. 2001-94
FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES
The following sets forth the Side Letter to Resolution No. 2001-94, for full-time, regular active
Management and Confidential Employees. This Side Letter adds to the language in Section
2., V. Leave of Absence Without Pay, 5., of the Management and Confidential Employee
Compensation and Benefits Plan.
Section 2., V. Leave of Absence Without Pay. 5.
(ADDITIONAL LANGUAGE)
Employees who are called to active duty as a result of the activation of military
reservists beginning in September 2001, due to the crisis related to terrorist attacks on America,
and who are eligible to receive the thirty (30) calendar day military leave compensation in
accordance with Military Code Section 395 et seq., shall receive the difference between their
regular City salary, as established by Resolution No. 6413 and their total military salary, starting
the 31" calendar day of military leave. The difference in salary shall continue for up to one year
of active military service, which includes the thirty (30) days provided for in this section. During
this one-year period, the City will continue to provide the employee the benefit plan as was
provided prior to such active duty. Payment into the PERS retirement plan will be made on a
prorated basis. Any employee activated prior to December 1, 2003, will be eligible to receive up
to a maximum of one year the benefits described above. Employees activated after December 1,
2003, will not be eligible for any benefits beyond those mandated by law, unless the Mayor and
Common Council expressly approve such compensation. This compensation provision applies to
those employees who are involuntarily called to active military duty.
The compensation provision does not include an employee's attendance at
weekend reserve meetings or drills. Employees must use their own time to attend such meetings.
Should the meetings unavoidably conflict with an employee's regular working hours, the
employee is required to use vacation leave, holiday time, compensatory time off, or leave
without pay. Employees who are called in for a medical examination to determine physical
fitness for military duty must use vacation leave or leave without pay. The thirty (30) day
compensation provision also applies to any employee on military leave, other than temporary
military leave, who is ordered into active military duty or is inducted, enlists, enters, or is
otherwise called into active military duty.
A copy of military orders must accompany the "request for leave" form and
copies of military earnings statement must be provided to the City on a monthly basis.
Employees who are eligible for military leave compensation will be placed on a leave of absence
with the right to return to their positions. The detailed procedures for processing and payment
will be discussed and established between the City of San Bernardino Finance Department and
the affected employee.
2003-41
DATE:, 5 U U-3
FOR THE CITY:
JUDITH V 1ES, MAYOR
i
i
i
DIRECTOR OF HUMAN RESOURCES
ATTEST: ✓ %'�
Representative of SBCMA