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RESOLUTION NO. 2017-84
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
REINSTATE PAYOUTS FOR ALL EMPLOYEES' ACCRUED POST-PETITION
LEAVE BANK PAYOFFS, CASH -OUTS, OR SELL -BACKS PURSUANT TO
MEMORANDUMS OF UNDERSTANDING APPROVED BY THE MAYOR AND
CITY COUNCIL
WHEREAS, on July 18, 2012, the Mayor and Common Council of the City of San
Bernardino declared a fiscal emergency;
WHEREAS, on August 1, 2012, the City filed an emergency voluntary petition for
Chapter 9 Bankruptcy with the United Stated Bankruptcy court for the Central District of
California, Riverside Division;
WHEREAS, on August 8, 2012, the Mayor and Common Council adopted Resolution
No. 2012-214 authorizing the City Manager to continue to suspend, and/or negotiate with
employees, the payoff of accrual leave banks;
WHEREAS, on June 16, 2014, the Mayor and Common Council adopted Resolution
No. 2014-158 authorizing the City Manager to continue to suspend, and/or negotiate with
employees, the payoff of accrual leave banks with the exception of the post-petition vacation
leave accruals; and,
WHEREAS, on February 7, 2017, the City's bankruptcy plan was confirmed by the
bankruptcy court:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The City Manager is hereby authorized to reinstate payouts, cash -outs
and/or sell -backs of all accrued post-petition leave banks, including, without limitation,
vacation, holiday, sick, and
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compensatory leave, according to the established provisions of employees' Memorandums of
Understanding.
SECTION 2: Employees separating from City employment on or after August 1,
2012, shall be entitled to cash -out any leave accruing on or after August 1, 2012 (Post -Petition
Accrued leaves) that has not been used prior to separation from the City.
SECTION 3: Any accrued post-petition leave used by Employees separating from
City service on or after the effective date of this Resolution shall be debited against the
employee's accrued post-petition leave balance earned.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
REINSTATE PAYOUTS FOR ALL EMPLOYEES' ACCRUED POST-PETITION
LEAVE BANK PAYOFFS, CASH -OUTS, OR SELL -BACKS PURSUANT TO
MEMORANDUMS OF UNDERSTANDING APPROVED BY THE MAYOR AND
CITY COUNCIL
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on
the 15th day of May 2017, by the following vote, to wit:
Council Members:
AYES NAYS
MARQUEZ
X
BARRIOS
X
VALDIVIA
X(M)
SHORETT
X
NICKEL
X
RICHARD
X
MULVIHILL
X(S)
ABSTAIN ABSENT
-�
Georgeann lea na, CMC i y Clerk
The foregoing Resolution is hereby approved this 15a' day of May 2017.
Lze�
R. Carey DaZmardino
ayor
City of San
Approved as to form:
Gary D. Saenz, City Attorney
By:
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