HomeMy WebLinkAbout2003-040
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Resolution No
2003-40
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID
LETTER ADDING FURTHER LANGUAGE REGARDING MILITARY LEAVE T
RESOLUTION 2001-303, IMPLEMENTING A MEMORANDUM OF UNDERSTANDIN
4 BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERA
BARGAINING UNIT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1: The Mayor and Director of Human Resources are hereby authorized an
8 directed to execute on behalf of said City a Side Letter to Resolution No. 2001-303, amendin
9 Article V, Section 11 - Military Leave, a copy of which amendments are attached hereto an
10 incorporated herein marked Exhibit A.
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2003-40
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID
LETTER ADDING FURTHER LANGUAGE REGARDING MILITARY LEAVE T
RESOLUTION 2001-303, IMPLEMENTING A MEMORANDUM OF UNDERSTANDIN
BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERA
BARGAINING UNIT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common Counci
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of the City of San Bernardino at a ;oint regular meeting thereof, held on the
3rd
day 0
7
February
,2003, by the following vote, to wit:
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COUNCILMEMBERS:
ESTRADA
LONGVILLE
MC GINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
AYES
NAYES
ABSTAIN
ABSENT
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x
X
X
X
X
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X
X
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The foregoing resolution is hereby approved this 5 TH
February
of
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2003.
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21 Approved as to form and
Legal content:
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JAMES F. PENMAN,
23 City Attorney
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By:
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Agenda Items:Reso.200 l-303.Side.Ltr.I-03
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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, ofthe General Unit Employees Memorandum of Understanding.
Article V. Section 11- Militarv Leave. (ADDITIONAL LANGUAGE)
Employees who are called to active duty as a result of the activation of military
reservists beginning in September 200 I, 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 st 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 I, 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.
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DATE: .J ~ 5, ) (/{/3
FOR THE~, :
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JUDITH V AU' , , MAYOR
cil
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,
i n or
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DIRECTOR OF HUMAN RESOURCES
2003-40
ATTEST:~ h. ~
Representative of SBPEA
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