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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: EDWARD RAYA
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Subject: A Resolution of the City of San
Bemardino approving a Side Letter to
the Resolution No. 99-155 implementing
the Memorandum of Understanding
between the City of San Bemardino
and the San Bemardino Police
Officers Association
Dept: HUMAN RESOURCES
Date: November 21, 2001
Synopsis of Previous Council Action
Recommended Motion:
Adopt Resolution
Z 51. ~""I_
Signatu
Contact Person:
Phone:
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acet No)
(Acet Description)
Finance:
Council Notes:
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Agenda Item No. :lX
. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Approval of a Side Letter to the Memorandum of Understanding between the City of
San Bernardino and the San Bernardino Police Officers Association pertaining to
military leave.
BACKGROUND
Based on the United States' recent military action in Afghanistan and the activation and
potential activation of a number of its members, the Police Officers Association has
requested an amendment to the Memorandum of Understanding to provide for
expanded benefits while on military leave. 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 is the
language that is currently in the POA Memorandum of Understanding.
Various public agencies within the Inland Empire are currently expanding, or adding to,
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 year.
After reviewing what these other agencies are doing, staff is recommending that the
salary of all Police Safety employees, including probationary employees, who are on
active military leave beyond the thirty (30) day minimum requirement, as stated in the
Military and Veteran's Code, be paid the difference between their basic City salary, as
established by Charter Section 186, and their total military salary for up to one (1) year
which includes the thirty (30) day requirement. Additionally, staff is recommending that
during this one (1) year period, the City will continue to pay the City's portion of the
employee's benefits and that the City's contribution to PERS be continued on a prorated
basis. It is recommended that this action be authorized for any Police Safety employee
who is activated prior to December 1, 2002. Any employee activated prior to December
1, 2002 will be eligible to receive the benefits described above for a maximum period of
one year. Employees activated after December 1, 2002 will not be eligible for any
benefits beyond those mandated by law without the prior approval of the Mayor and
Council.
Staff will be bringing forth amendments to the Memorandums of Understanding for the
other bargaining units as the need arises. The amendment pertaining to Police Safety
is being brought forth first since this bargaining group currently has two employees on
active military duty,
,
FINANCIAL IMPACT
It is unknown what the financial impact will be 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 detennined by the department.
RECOMMENDATION
Adopt Resolution.
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Resolution No
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SIDE LETTER TO RESOLUTION 99.155, RESOLUTION IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE POLICE SAFETY UNIT
REPRESENTED BY THE SAN BERNARDINO POLICE OFFICERS
ASSOCIATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Director of Human Resources are hereby
authorized and directed to execute on behalf of said City a Side Letter to Resolution
No. 99,155, amending Article V, Leaves, Section 7, Military Leave, a copy of which
amendments are attached hereto and incorporated herein marked Exhibit A.
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SIDE LETTER TO RESOLUTION 99,155, RESOLUTION IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE POLICE SAFETY UNIT
REPRESENTED BY THE SAN BERNARDINO POLICE OFFICERS
ASSOCIATION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Common Council of the City of San Bernardino at a
meeting thereof,
held on the
day of
,2001, by the following vote, to
wit:
COUNCILMEMBERS:
ESTRADA
LIEN
MC GlNNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
AYES
NA YES
ABSTAIN
ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
of
,2001.
Judith Valles, Mayor
City of San Bernardino
Approved as to fonn and
Legal content:
JAMES F. PENMAN,
City Attorney
By: L t-. p~
()
~
..........,
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.
Article V. Leaves - Section 7. Military Leave
,'......"g.
Employees who are called to active duty as a result of the activation of military reservists
beginning in September 2001, due to the crisisrelated 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 Charter section 186 and their total military salary,
starting on 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, 2002 will be eligible to receive up to a maximum of one year the benefits
described above. Employees activated after December 1, 2002 will not be eligible for any
benefits beyond those mandated by law, unless such compensation is expressly approved
by the Mayor and Common Council.
......
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 also use vacation leave, or leave without pay, The thirty (30) day
compensation provision also applies to an 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.
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A copy of military orders must accompany the ''request for leave" form and copies of the
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:
ATTEST:
FOR THE CITY :
Representatives of
SBPOA
JUDITH VALLES, MAYOR
EDWARDS,RAYA
DIRECTOR OF HUMAN RESOURCES
APP,ROVEDAS TO FORM
AND LEGAL CONTENT.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 7,2001
~rn@rnow[gfID
DEe I 0 2001
TO:
Edward S. Raya, Director of Human Resources
"!UMAN RESOURCES
City of San Bernardino
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001,364
At the Mayor and Common Council meeting of December 3, 2001, the City of San Bernardino
adopted Resolution 2001-364 - Resolution approving a side letter to Resolution 99-155,
resolution implementing a Memorandum of Understanding between the City of San Bernardino
and employees in the Police Safety Unit represented by the San Bernardino Police Officers
Association.
Attached is one (1) original agreement. Please obtain signatures in the appropriate locations 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 acknowledgeffceipt of the above mentioned documents.
Signed: &p'~{(.f Ik
..,A, j 1/\ I Please sign and return
Date: / () /10 fU
I
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 15,2002
TO:
Edward S. Raya, Director of Human Resources
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-364 - Side Letter to Resolution No, 99-155
CC:
Finance
Attached is a fully executed copy of the Side Letter to Resolution No. 99,155 for Police Safety
Employees. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): i2.;)-D\ Item #
Vote: Ayes If) Nays ~
Change to motion to amend original documents:
7.~ Resolution" . ..:2..001.:' 3~t.t________
Abstain --G- Absent -e-
Reso, # On Attachments: ,/ Contract teoo: -
Note on Resolution of Attachment stored separately: ..::---
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor:
12,4-6\
Date of Mayor's Signature:
Date ofClerklCDC Signature:
Q..5-C,1
12--5-01
NullNoid After: -
By:~_
ResQ, Log Updated /
Seal Impressed: _....v_____. ___._
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:~ Date Returned: \-IY-o 2.-
See Attached:
See Attached:
i 1.-'\ - 02
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:
YesL No By
Yes No ./ By
Yes No ;/ By
-
Yes NO~ By
Yes No By
EDA
./
Finance
Others:
1-/-.12.,
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MIS
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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: ..!!l:L..
Date: }-I'5-():)..
Revised 01/12/01