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Home My WebLink About19-Human Resources .. '''I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Human Reso~ces December9,1J~~'\..."I"":/~L Subject: Resolution approving a Side Letter to Resolution No. 1999-155 implementing the Memorandum of Understanding between the City of San Bernardino and the San Bemardino Police Officers' Association, and superceding Resolution 2001-364 From: Lori Sassoon Date: 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. Recommended motion: Adopt resolution. (1J ~~ .-J Signature Contact person: Lori Sassoon Phone: 384-5161 Supporting data attached: Staff report, resolution Ward: All FUNDING REQUIREMENTS: Amount: None Source: lAce!. No.) (Ace!. Description) Finance: Council Notes: 'Kl%.O ~Z(X) L - S 6 ~ Agenda Item No. ~ I~JlfJ/()~ , " CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution approving a Side Letter to Resolution No. 1999-155 implementing the Memorandum of Understanding between the City of San Bernardino and the San Bemardino Police Officers' Association, and superceding Resolution 2001-364. 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 was included in the Police Officers' Association (POA) Memorandum of Understanding (MOU) approved by Resolution 1999-155 on June 21,1999. 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 events of September 11, 2001. 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 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. On December 5, 2002, POA President Steve Filson requested that the City meet and confer regarding the application of this military leave to Police Safety employees who are activated for service after December 1, 2002, for action related to the war on terrorism (see attached letter). The POA is aware of at least one (1) Police Safety employee who anticipates being called up for service in late December. Recent events in the United States indicate that the war on terrorism has continued, and may be accelerated as actions in Iraq are contemplated. It is recommended that the Mayor and Council approve a new side letter with the POA that will continue the same benefits found in the previous side letter, and would apply to any Police Safety employees activated prior to December 1, 2003. At the recommendation of the Police Department, language has been added to the proposed new side letter to clarify that its provisions are meant to apply to employees that are called for service, rather than those who may volunteer. 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. This new side letter will supercede the side letter authorized by Resolution 2001-364. Staff will be bringing forward amendments to the Memorandums of Understanding for the other bargaining units as the need arises. 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. . '. SAN BERNARDINO POLICE OFFICERS' AsSOCIATION 1299 NORTH uE" STREET P.O. Box 2967. SAN BERNARDINO. CA 92406 TELE_ (909) 889-0661 FAX (909) 884-5182 PRESIDENT: STEVE 'FIU;ON "rREASURER; DAVE DILLON ~~@~ow~~ DEe 0 2 2002 VICE PRESIDENT: RICHARD LA'WHEAO Lori Sassoon, Acting Director Human Resources City of San Bernardino 30 N. "D" Street San Bernardino, Ca 92401 I-!UMAN RESOURCES City of San Bernardino Dear Lori, This correspondence is a follow-up to our recent telephone conversation relating to "Military Leave", and our active membership. Article V, Section 7, Sub-Section D, Military Leave, states; In the event of circumstances, which require reserve "call-up", the City will Meet and Confer with the POA over the impact of the call-up on unit members. In 200 I, after the events of September II th, the Council passed a resolution regarding members called up for "Operation Enduring Freedom". The terms of the resolution sunset on December I, 2002. Recently another officer, Shane Thwaites, was called to active duty with the United States Air Force Reserve. Shane is currently receiving training in San Antonio, Texas, and according to him, will receive orders under "Ooeration Endurinl!: Freedom" effective December II, 2002. It is further my understanding but for a delay in scheduling, that he would have received his orders prior to December I st, placing him within the time frame to receive this benefit. Additionally, recent events have enhanced the potential of additional military activations, on the Iraqi matter. For the sake of timeliness, we would like to discuss these matters with you at your earliest convenience. My schedule is typically open, with days off being Monday, Tuesday and Wednesday. . We look forward to talking to you about this most important matter. IfI may be of further assistance in this, or any other matter, please do not hesitate to contact me. Sincerely" / -: . / .:-C~ j',,/' '-.., ZI.M../'0 .?-,. Steven L. Filson, President SAN BERNARDINO POQCE OFFICERS' .AssoCIATION 1%99 Noar:rn "En STIUIZT P~O. acx 29&7~ S.AN' 8.....,....-10.. CA.. g.486', '~(geliI)t't"i"...t -~_(9M>~~ , '~""""_"'ID'",",'- i;'il.F.Fl""'-~;'IIF;I;;"'''_R;~ .....-.W_.'" ~~~~:~.,~ . h~.:~L.. ".'.' .'. ,.,,',.r,.., ",,' h',. . ,'!7~"", ,. f~ "'''''p!'. '''-:'''',I'l.'''-''''', ,_,~":';\"__:lN."'..""'&QII1.\UI;."'i1._.,';~t....':'lCI..'';;~.''l~..." ,~..,~~.~,~~iC:J;c:;.,':r .:;:';;.~.t;!",i~": ;~'~~:.~;~t\.'~~-1J~."n~~~,\,,_~,,~'::':,>f~"~~'~,~~1'\\'1:it~V:ftr1PJ1L"..~,!~..~,Mt::~,~~: 1P'a;u1'D~~ s-r.:v. ~ON v.c... Pa.FAlbW:N'T'; IbCllAaZ) LAWM'l:.An T~~.R.ERt DAV\!. DILLON December 10, 2002 Lori Sassoon, Acting Director Human Resourees City of San Bernardino 300 N. "D" Street San Bernardino, CA 92401 RE: Meet and ConferlMilitaty Leave Side Letter Dear Lori, In light of your proposed language to be submitted to the City C01IJICII for consideration relating to the above matter, there will be no reasoll to eater into fonnal meet and confer sessions. We thank you for your prompt attemion to this important matter, and look forward to working with you on items of mutUal concel11 in the Ntwc, If I may be of further assistllllce, please do not hesitate to c:ontact me "..... Steven L. Filson, Presideat C:'d C:8,SV88606 VOdas ~c~~ ~Vl€' ,l ~'CG-01-C:i r "- c c /~ .~ .~ '\. 1/ lL-,1 Resolution ~ .~" LJ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID LETTER TO RESOLUTION 99-155, RESOLUTION IMPLEMENTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF S 4 BERNARDINO AND EMPLOYEES IN THE POLICE SAFETY UNIT REPRESENTE BY THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION, AN SUPERCEDING RESOLUTION 2001-364. 3 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CI OF 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. 99-155, amendin 9 10 Article V, Leaves, Section 7, Military Leave, a copy of which amendments are attached heret 11 and incorporated herein marked Exhibit A. 12 13 1// 14 1// 15 1// 16 1// 17 /1/ 18 1// 19 1// 20 1// 21 /1/ 22 23 1// 24 /1/ 25 1// SECTION 2. The side letter authorized by Resolution 2001-364 is hereby superceded. /1 / ;;"'/1 (p 10 'J- 1 c RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID LETTER TO RESOLUTION 99-155, RESOLUTION IMPLEMENTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF S BERNARDINO AND EMPLOYEES IN THE POLICE SAFETY UNIT REPRESENTE BY THE SAN BERNARDINO POLICE OFFICERS' ASSOCIATION, AN 4 SUPERCEDING RESOLUTION 2001-364. 3 Council of the City of San Bernardino at a meeting thereof, held on th 2 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo 6 7 day of , 2002, by the following vote, to wit: 8 ,- , '- COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 9 ESTRADA 10 LONGVILLE 11 MC GINNIS 12 DERRY 13 'SUAREZ ANDERSON 14 MC CAMMACK 15 16 Rachel G. Clark, City Clerk 17 The foregoing resolution IS hereby approved this o 18 ,2002. 19 20 Judith Valles, Mayor City of San Bernardino 21 Approved as to form and Legal content: 22 23 JAMES F. PENMAN, City Attorney 24 r- 25 "- 2 c ,- \- ,- ~ 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 aud supercedes the previous Side Letter adopted by Resolution 2001-364. Article V. Leaves-Section 7. Militarv Leave. Subsection E (NEW) 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 31st 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 mllXimurn 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 caUed 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 1:32PM " '" ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): i 2 -I b -0 Litem # Vote: Ayes 1-" Nays-e- /q Resolution # 'ZCD'Z...-3~ Abstain .G Absent ..@- Change to motion to amend original documents: - Reso. # On Attachments:./ Contract term: - Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: 1"2. - \ L - <::> 'L- Date of Mayor's Signature: 1;1 -I '6 -c'O' Date of ClerklCDC Signature: I d -I "i -o':} See Attached: See Attached: ee Attached: 60 Day Reminder Letter Sen a : 90 Day Reminder Letter Sent on 45th day: 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): Copies Distributed to: City Attorney /' Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: NulllVoid After: By: - Reso, Log Updated: ,./' Seal Impressed: ,,/ Date Returned: - Yes /' Yes Yes Yes Yes No No --vL-- No 1..- NO{L No_ By By By By By_ MIS EDA Finance Others: H.R. BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01/12/01