HomeMy WebLinkAbout37-Personnel
-r.ITY OF SAN BERN~DINO - REQUEST ,Q. COU'lCIL ACTION
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Dept:
Date:
Gordon R. Johnson
Director of Personnel
Personnel
Su~ect:Resolution Amending Resolution No. 6433,
Section Six, granting safety employees
leave accrual rights while receiving
industrial leave benefits under Labor
Code Section 4850.
May 18, 1989
Synopsis of Previous Council action:
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Recommended motion:
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Adopt resolution.
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~ignature
Contact person: Gordon R. Johnson
Phone: 384.-5161
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
QCil Notes:
15.0262
Aaenda Item No.
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elTY OF SAN8ERNA~DINO - REQUEST Fda COUNCIL ACTION
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STAFF REPORT
The city Attorney's office has determined that one provision
of Section Six of Council Resolution No. 6433 has been super- .
sededby state law.~The provision in 'question states that
"safety members of the Police and Fire Department who .are
receivinq benefits under Labor Code section 4850 because of
an industrial injury... shall not be entitled to accrue
vacation, sick) leave, or holiday credits dur.in.9 such absence
from duty." / The attached memo ,dated April 3, 1989, from
Deputy City Attorney Diane Catran Roth states that "employees
a]:'e clearly entitled to accrue sick leave and vacation while
off on 4850 time ..."
(~~~3a~~ac~~~n~~~:lU;;~~t;m:::~o~:~;i~~c~~lofr~~~~;U}~~nva~~:
tion, sick. leave and holiday creditsJThe costs of this
resolution are impossible to accurately project and will be
incorporated in the budgets of the Police and Fire Depart-
ments.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 6433 ENTITLED IN PART "A RESOL'l1TION . . .
CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS
DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY GRANTING
SAFETY EMPLOYEES ON INDUSTRIAL LEAVE ACCRUAL RIGHTS FOR
VACATION, SICK LEAVE AND HOLIDAY CREDITS EFFECTIVE JUNE 20,
1989.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TliE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 6433, Section Six, is hereby
amended to read as follows:
"SECTION SIX: INJURY LEAVE
When injury is sustained in the course and scope of
employment with the City of San Bernardino, said employee
Shall be compensated under the provisions of the Workers'
Compensation Insurance and Safety Act of California and not
under the provisions of this resolution; provided that safety
members of
the Police and Fire Departments shall
be
reimbursed pursuant to the provisions of California Labor
Code section 4850 during the first three hundred and sixty
five (365) days of their disability, provided further that
these payments may be terminated pursuant to the provisions
of California Government Code Section 21023.6 and provided
further that general employees of the city of San Bernardino
or employees whose positions are funded under Federal law or
who are funded
in Federally funded positions, if such
benefit is required by said Federal law, shall receive one
hundred percent (100%) of their normal salary or wages for
the first seven days of their disability. Effective with the
eighth day of necessary absence for such cause, each general
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pmp 1 oyee Ot. ei1ch Federally funded gC'nel'a 1 c'mp.1 oyee, as a forc,-
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said, shall be authorized upon his request to utilize any
balance of his accumulated sick leave credits to augment the
temporary disability compensation he receives to the extent
that the total sum received will result in a payment equal to
his regular and normal compensation. The utilization of sick
leave for this purpose shall end with the termination of the
temporary disability or when his accumulated sick leave
credits have been exhausted, whichever occurs first.
Safety members of the Police and Fire Departments who
are receiving benefits under Labor Code Section 4850 because
of an industrial injury shall accrue vacation, sick leave and
holiday credits during such absence from duty as if they were
on regular duty. General employees or each Federally funded
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general employee, who are absent because of industrial injury
shall not be entitled to accrue vacation, sick leave, or
holiday credits during such absence from duty.
When an employee is off the payroll or pay because of
sick leave or injury and has not had a vacation at the end of
the current year, he shall be allowed to take his vacation in
the next calendar year, but must take said vacation prior to
the time he returns to work after his illness or injury."
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1989, by the following vote to wit:
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A!1ENDl1ENT
EMPLOYEES
SICK LEAVE
TO RESOLUTION 6433, SECTION SIX BY GRANTING SAFET,
ON INDUSTRIAL LEAVE ACCRUAL RIGHTS FOR VACATION,
AND HOLIDAY CREDITS EFFECTIVE JUNE 20, 1989.
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
MAtOR OF THE' CITY OF SAN BERNARDINO
Approved as to form and legal content:
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. City Attorney
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OF"F"ICE: 932 NORTH "0" STREET
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San Bernardino & RifJlto
FIRE FIGHTERS
LOCAL 891
P. O. BOX 2703
SAN BERNARDINO. CALIFORNIA 92406
June 12, 1989
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Ms. Shauna Clark
City Clerk
City of San Bernardino
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Dear Shauna:
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I am requesting to appear before the Mayor and City Council
on June 19, 1989 to speak on a subject that is scheduled on
the agenda. The area of concern is a proposed resolution
dealing with the accrual of sick time, vacation, and holidays,
while off duty due to a work related injury (4850 time).
I would appreciate it if you could schedule me into the
agenda and let mp know of the approximate time that this item
will appear before the Mayor and Council.
6CA.S?~
Sincerely,
Tom Parlett
President-Local 891
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Affiliatu with: INTERNATIONAL ASSOCIATION OF FIRE FIGHTERSA"'L.CIO. FEDERATED FINE FIGHTERS OF CALIFORNIA,
CAL,I,.ORNIASTATIE FEDERATION 0... LABOR. SAN BERNARDINO CENTRAL L.ABOR COUNClL
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