HomeMy WebLinkAbout18-Human Resources
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
,
From: LINNEA LIVINGSTON
Dept: HUMAN RESOURCES
Date: SEPTEMBER 8, 2004
ORJGJNAL
Subject: A Resolution approving
Extension of Side Letters between
the City of San Bernardino and
recognized bargaining groups
regarding a Military Leave policy,
Synopsis of Previous Council Action
On February 5, 2003 the Mayor and Council approved resolution 2003-40 and 2003-41
approving side letter agreements with the ManagemenUConfidential Group and the
General Unit regarding Military Leave provisions,
On December 16, 2002 the Mayor and Council approved resolution 2002-388 approving
a side letter agreement with the POA regarding Military Leave provisions.
Recommended Motion:
Adopt Resolution
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Signature
Contact Person: Linn Livinaston
Phone:
384-5161
Supporting Data Attached:
FUNDING REQUIREMENTS:
Ward:
Amount:
Unknown
Source: (Acct No)
(Acct Description)
Finance:
Council Notes:
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Agenda Item No. I!
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Approval of extending Side Letters to the Memorandum of Understanding between the
City of San Bernardino and recognized Bargaining Groups (Police, General, and
ManagemenUConfidential/Unclassified) as pertaining to military leave.
BACKGROUND
The United States' ongoing military action in IRAQ has prompted the City to revisit the
current military policy. Side letters with recognized Bargaining Groups, which
authorize the City to supplement employee's military compensation and benefits, have
expired: however, the need for military reservists is still in effect. With the activation
and potential activation of our employees, it is requested that an extension be
approved. As outlined in the side-letter the provision expired on December 1, 2003
"unless the Mayor and Common Council expressly approve such compensation".
Staff is recommending that the salary of all full-time employees who are ordered to
active military duty beyond the thirty (30) day maximum requirement, as stated in the
Military and Veteran's Code, be paid the difference between their current monthly City
salary and their total salary paid by the Military for the term of their military orders
which includes the thirty (30) day requirement. Additionally, staff recommends that the
City continue to pay the City's portion of the employee's health/retirement benefits as
applicable.
The adoption of the attached resolution will apply to all authorized full-time employee's
who are activated for crises related to terrorist attacks on America.
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 determined by the department. The City has averaged
between 2 and 6 employees off on military leave at anyone time due to the war.
RECOMMENDATION
Adopt Resolution.
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RESO(c'Q~Jt
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO EXTENDING THE COMPENSATION AND BENEFITS FOR THOSE
.3 EMPLOYEES ON MILITARY LEAVE AS PREVIOUSLY SET FORTH IN SIDE LETTERS TO
THE POLICE SAFETY UNIT, GENERAL UNIT AND THE MANAGEMENT/CONFIDENTIAL/
4 UNCLASSIFIED MEMORANDUMS OF UNDERSTANDING AND RESOLUTION.
5 WHEREAS, the Mayor and Common Council adopted Resolution No. 2002-388
6 approving a Side Letter to the Police Safety Unit Memorandum Of Understanding providing
7 expanded compensation and benefits for those unit members involuntarily called to active military
8 duty prior to December I, 2003; and
9 WHEREAS, the Mayor and Common Council adopted Resolution No. 2003-40 approving
10 a Side Letter to the General Unit Memorandum of Understanding providing expanded
II compensation and benefits for those unit members involuntarily called to active military duty prior
12 to December I, 2003; and
13 WHEREAS, the Mayor and Common Council adopted Resolution No. 2003-41 approving
o 14 a Side Letter to the Management/Confidential and Unclassified Employees' Benefits Resolution
IS providing for expanded compensation and benefits for these unit members involuntarily called to
16 active military duty prior to December I, 2003; and
17 WHEREAS, the Side Letters approved by Resolution Nos. 2002-388, 2003-40 and 2003-
18 41 all provide for an extension of such compensation and benefits set forth in such Side Letters
19 for employees who are involuntarily called to active military duty after December I, 2003 if the
20 Mayor and Common Council expressly approve such an extension;
21 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
22 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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23 SECTION 1. The compensation and benefits set forth in the Side Letters to the Police
24 Safety Unit Memorandum of Understanding, General Unit Memorandum of Understanding and
25 the Management/Confidential and Unclassified Employees' Benefits Resolution and approved by
26 Resolution Nos. 2002-388, 2003-40 and 2003-41 shall be extended to those Police Safety, General
27 Unit, and Management/Confidential and Unclassified employees involuntarily called to active
28 III
SDE/ed (MilitaryLeave.Res]
No. 11
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO EXTENDING THE COMPENSATION AND BENEFITS FOR THOSE
3 EMPLOYEES ON MILITARY LEAVE AS PREVIOUSLY SET FORTH IN SIDE LETTERS TO
THE POLICE SAFETY UNIT, GENERAL UNIT AND THE MANAGEMENT/CONFIDENTIAL/
4 UNCLASSIFIED MEMORANDUMS OF UNDERSTANDING AND RESOLUTION.
5 military duty after December I, 2003. Copies of such Side Letters are attached hereto as Exhibits
6 "A," "B" and "C."
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a
meeting
, 2004, by the following vote, to
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9 thereof, held on the
10 wit:
II COUNCIL MEMBERS:
12 ESTRADA
13 LONGVILLE
14 MCGINNIS
15 DERRY
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
day of
AYES
NAYS
ABSTAIN
ABSENT
RACHEL CLARK, CITY CLERK
21 The foregoing Resolution is hereby approved this
2004.
day of
22
23
24
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
25 legal content:
26 JAMES F. PENMAN,
City Attorney
27
o 28 By:
2
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EXHIBIT "A"
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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 and
supercedes the previous Side Letter adopted by Resolution 2001-364.
Article V. Leaves-Section 7. Military Leave. Subsection E (NEW)
E. Employees who are called to active duty as a result of the activation of military
reservists beginning in September 200 I, 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 I, 2003, will be eligible to receive up
to a maximum of one year the benefits described above. Employees activated after December I,
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 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.
12/09/02
1:32PM
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EXHIBIT "B"
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2003-40
Exbibit "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 tbe language in Article V, SeCtion 11 -
Military Leave, of the General Unit Employees Memorandum of Understanding.
Article V. Section 11- Militarv Leave. (ADDITIONAL LANGUAGE)
Employees who are called to active duty as a result of the activation of military
reservists beginning in September 200 I, 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. 6413 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 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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DATE: ...J ~ 5, .:t th/3
FOR THE CJJ\Y:
'~'l / {t.'4.-/"
JUDITH V A~ , MAYOR
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DIRECTOR OF HUMAN RESOURCES
2003-40
ATTEST:~ h ~
Representative ofSBPEA
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EXHIBIT "e"
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2003-41
Exhibit "A"
SIDE LETTER TO RESOLUTION NO. 2001-94
FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES
The following sets forth the Side Letter to Resolution No. 2001-94, for full-time, regular active
Management and Confidential Employees. Tbis Side Letter adds to tbe language in Section
2., V. Leave of Absence Wit bout Pay,S., of tbe Management and Confidential Employee
Compensation and Benefits Plan.
Section 2.. V. Leave of Absence Without Pav. 5.
(ADDITIONAL LANGUAGE)
Employees who are called to active duty as a result of the activation of military
reservists beginning in September 200 I, 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. 6413 and their total military salary, starting
the 3151 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],
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 ov,n 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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DATE:-1~~4A-(7 5 J...v 03
FORTHE CITY:
II ',I " . - ,/
'i-[e. L. Lt-'!./
JUDlT~'LES' MAYOR
DIRECTOR OF HUMAN RESOURCES
2003-41
ATTEST: ~ h.~
Representative ofSBCMA