HomeMy WebLinkAbout10-Human Resources
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lori Sassoon
Dept: Human Resource~ , , .
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Subject: Resolution approving a Side
Letter to Resolution No. 2001-303
implementing the Memorandum of
Understanding between the City of San
Bernardino and Employees in the
General Bargaining Unit.
Date: January 24, 2003
Synopsis of Previous Council Action:
December 3,2001 - Council adopts Resolution 2001-364 authorizing the execution of a
Side Letter to Resolution 1999-155, amending Article V, Leaves, Section 7, Military
Leave.
December 16, 2002 - Council adopts Resolution 2002-388 authorizing the execution of
a Side Letter to Resolution 1999-155, amending Article V, Leaves, Section 7, Military
Leave, and superceding Resolution 2001-364.
Recommended motion:
Adopt resolution.
(~[L c;~ ~
Signature
Contact person: Lori Sassoon
Phone: 384-5161
Supporting data attached: Staff report, resolution
Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: (Accl. No,)
(Accl. Description)
Finance:
Council Notes:
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Agenda Item No, 10
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution approving a Side Letter to Resolution No. 2001-303 implementing the
Memorandum of Understanding between the City of San Bernardino and Employees in
the General Bargaining Unit.
BACKGROUND
Federal statutes state that public agencies are required to abide by laws protecting the
employment of public agency employees on military leave. Per the Military and
Veterans Code ~ 389, employees that have been actively employed by a public agency
for a period of not less than one (1) year are entitled to pay for the first thirty (30)
calendar days of military leave. This language is included in the General Unit
Employees' Memorandum of Understanding (MOU), which was approved by Resolution
2001-303 on October 1, 2001.
In December 2001, the Mayor and Council approved a side letter to the POA MOU
concerning military leave. The side letter was agreed upon in response to the military
activation of Police Safety employees for service in the Middle East related to the
September 11 events. The side letter provided for expanded benefits beyond the
requirements imposed by the Military and Veteran's Code to include payment of the
difference between an employee's military salary and their public agency salary for a
period of one (1) year. Additionally, during this one (1) year period, the City continued to
pay the City's portion of the employee's benefits and that the City's contribution to
PERS was continued on a prorated basis. This provision applied to employees called
for service prior to December 1, 2002. In December 2002, the Mayor and Common
Council approved a new side letter to the POA MOU that extends the one (1) year of
military leave to employees called up before December 1, 2003.
Recent events in the United States indicate that the war on terrorism has continued, and
may be accelerated as actions in Iraq are contemplated. The San Bernardino Public
Employees' Association (SBPEA) is now requesting the application of extended military
leave to General Unit employees who are activated for service prior to December 1,
2003, for action related to the war on terrorism. To date, at least one employee has
already been called up for service.
It is recommended that the Mayor and Council approve the side letter with the General
Unit. The letter would apply to any General Unit employees activated prior to December
1, 2003. Employees activated after December 1, 2003, will not be eligible for any
benefits beyond those mandated by law without the prior approval of the Mayor and
Council.
FINANCIAL IMPACT
The financial impact is difficult to determine given that the actual number of employees
who will be called to active military duty is unknown. There may be some financial
impact based on the number of employees called to active duty and the overtime
requirements as determined by the department.
RECOMMENDATION
Adopt Resolution.
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Resolution No
2
RESOLUTION OF THE CITY OF SAN BERt'J'ARDINO 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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4
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION I: 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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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 UNDERSTAND IN
BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENE
BARGAINING UNIT.
3
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common Counci
6
of the City of San Bernardino at a
meeting thereof, held on the
day 0
7
8 COUNCILMEMBERS:
ESTRADA
9 LONGVILLE
10 MC GINNIS
11 DERRY
SUAREZ
12 ANDERSON
13 MC CAMMACK
14
15
,2003, by the following vote, to wit:
AYES
NAYES
ABSTAIN
ABSENT
Rachel G. Clark, City Clerk
16
The foregoing resolution is hereby approved this
of
17 2003.
18
19 Judith Valles, Mayor
City of San Bernardino
20
21 Approved as to form and
Legal content:
22
JAMES F. PENMAN,
23 City Attorney
By:
24
25
Agenda Items:Reso.2001-303.side.Ltr.I-03
2
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 11- 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. 64 I3 and their total military salary, starting
the 3 I 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 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.
.,
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE HUMAN RESOURCES
Records and Information Management (RIM) ProgrQy of San Bernardino
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FEB - 6 2003
DATE:
February 6, 2003
TO:
Lori Sassoon, Assistant to the City Administrator
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-40
At the Mayor and Common Council meeting of February 3, 2003, the City of San Bernardino
adopted Resolution 2003-40 - Resolution approving a side letter adding further language
regarding Military Leave to Resolution 2001-303, implementing a Memorandum of
Understanding between the City and employees in the General Bargaining Unit.
Attached is one (I) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
! '
Signed: l~-ii~
Date: 2./ 7/r/'L-:>
J I
Please sign and return
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - Crry CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-hemardino.ca.us
;"
February] 0,2003
Ms. Bonnie Clark
San Bernardino Public Employees Association
433 N. Sierra Way
San Bernardino, CA 924] 0
Dear Ms. Clark,
At the Mayor and Common Council meeting of February 3, 2003, the City of San Bernardino
adopted Resolution 2003-40 - Resolution approving a side letter adding further language
regarding Military Leave to Resolution 2001-303, implementing a Memorandum of
Understanding between the City and employees in the General Bargaining Unit.
Enclosed is one (]) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 13 ]8, San
Bernardino, CA 92402, as soon as possible.
]fyou have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely, f
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Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
A l'I{)PTI,n ."\H4.RFn VALUES: fnteQritv . Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 14,2003
TO:
Lori Sassoon, Acting Director of Human Resources
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-40 - Side Letter regarding Military Leave
CC:
Veronica Martinez, Finance
Attached is a fully executed copy of the side letter adding further language regarding Military
Leave to Resolution 2001-303, implementing a Memorandum of Understanding between the
City and employees in the General Bargaining Unit. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): :1. -:) (I':> Item #
Vote: Ayes (-- 'l Nays ~1
Change to motion to amend original documents:
" (') Resolution #
Abstain -,0\
2CG3-Ac,
Absent -('r
Reso_ # On Attachments:
/
Contract term:
Null/Void After: -
Note on Resolution of Attachment stored separately: -==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: ;) - '5 ' c' ::'.,
Date of Mayor's Signature: :) -:; 0 -"')
Date ofClerk/CDC Signature:J. -':.,(,?-:>
Reso. Log Updated: ~
Seal Impressed: /'
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
'].-&,0:2,
See Attached:./' Date Returned: ). - f 4-03
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ~ No By-L
,
Yes No ~ By~
Yes No ~ By~
Yes No / By~
Yes No ~ By,--
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Copies Distributed to:
City Attorney V
Parks & Rec.
Others:
Finance
H.?
v~
MIS
Code Compliance Dev. Services
Police Public Services Water
EDA
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term, etc,)
Ready to File{Y)-r
Date:"?-' .Lf-{)'2,
Revised 01/12/01