Loading...
HomeMy WebLinkAbout10-Human Resources CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lori Sassoon Dept: Human Resource~ , , . , 'L '... j,,', t Subject: Resolution approving a Side Letter to Resolution No. 2001-303 implementing the Memorandum of Understanding between the City of San Bernardino and Employees in the General Bargaining Unit. Date: January 24, 2003 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. December 16, 2002 - Council adopts Resolution 2002-388 authorizing the execution of a Side Letter to Resolution 1999-155, amending Article V, Leaves, Section 7, Military Leave, and superceding Resolution 2001-364. Recommended motion: Adopt resolution. (~[L c;~ ~ Signature Contact person: Lori Sassoon Phone: 384-5161 Supporting data attached: Staff report, resolution Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Accl. No,) (Accl. Description) Finance: Council Notes: \2 l-:<:::"oddzoo3 - <\ 0 43jdL Agenda Item No, 10 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution approving a Side Letter to Resolution No. 2001-303 implementing the Memorandum of Understanding between the City of San Bernardino and Employees in the General Bargaining Unit. 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 is included in the General Unit Employees' Memorandum of Understanding (MOU), which was approved by Resolution 2001-303 on October 1, 2001. 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 September 11 events. 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 that 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. In December 2002, the Mayor and Common Council approved a new side letter to the POA MOU that extends the one (1) year of military leave to employees called up before December 1, 2003. Recent events in the United States indicate that the war on terrorism has continued, and may be accelerated as actions in Iraq are contemplated. The San Bernardino Public Employees' Association (SBPEA) is now requesting the application of extended military leave to General Unit employees who are activated for service prior to December 1, 2003, for action related to the war on terrorism. To date, at least one employee has already been called up for service. It is recommended that the Mayor and Council approve the side letter with the General Unit. The letter would apply to any General Unit employees activated prior to December 1, 2003. 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. 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. .~ r ~'''J/ '~/j' \i l. Resolution No 2 RESOLUTION OF THE CITY OF SAN BERt'J'ARDINO APPROVING A SID LETTER ADDING FURTHER LANGUAGE REGARDING MILITARY LEAVE T RESOLUTION 2001-303, IMPLEMENTING A MEMORANDUM OF UNDERSTANDIN BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERA BARGAINING UNIT, 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION I: 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. 2001-303, amendin 9 Article V, Section 11 - Military Leave, a copy of which amendments are attached hereto an 10 incorporated herein marked Exhibit A. 11 1// 12 /1/ 13 1// 14 /1/ 15 1// 16 17 /1/ 18 1// 19 1// 20 1// 21 1// 22 /1/ 23 1// 24 /1/ 25 ;?C. (0 1// j/3/6/ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID LETTER ADDING FURTHER LANGUAGE REGARDING MILITARY LEAVE T RESOLUTION 2001-303, IMPLEMENTING A MEMORANDUM OF UNDERSTAND IN BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENE BARGAINING UNIT. 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common Counci 6 of the City of San Bernardino at a meeting thereof, held on the day 0 7 8 COUNCILMEMBERS: ESTRADA 9 LONGVILLE 10 MC GINNIS 11 DERRY SUAREZ 12 ANDERSON 13 MC CAMMACK 14 15 ,2003, by the following vote, to wit: AYES NAYES ABSTAIN ABSENT Rachel G. Clark, City Clerk 16 The foregoing resolution is hereby approved this of 17 2003. 18 19 Judith Valles, Mayor City of San Bernardino 20 21 Approved as to form and Legal content: 22 JAMES F. PENMAN, 23 City Attorney By: 24 25 Agenda Items:Reso.2001-303.side.Ltr.I-03 2 Exhibit "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 the language in Article V, Section 11 _ Military Leave, of the General Unit Employees Memorandum of Understanding. Article V. Section 11- Military Leave. (ADDITIONAL LANGUAGE) 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 Section 395 et seq., shall receive the difference between their regular City salary, as established by Resolution No. 64 I3 and their total military salary, starting the 3 I st 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. ., , CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE HUMAN RESOURCES Records and Information Management (RIM) ProgrQy of San Bernardino ~~@~ow~[. FEB - 6 2003 DATE: February 6, 2003 TO: Lori Sassoon, Assistant to the City Administrator FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2003-40 At the Mayor and Common Council meeting of February 3, 2003, the City of San Bernardino adopted Resolution 2003-40 - Resolution approving a side letter adding further language regarding Military Leave to Resolution 2001-303, implementing a Memorandum of Understanding between the City and employees in the General Bargaining Unit. Attached is one (I) original agreement. Please obtain signatures in the appropriate location 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 acknowledge receipt of the above mentioned documents. ! ' Signed: l~-ii~ Date: 2./ 7/r/'L-:> J I Please sign and return OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - Crry CLERK 300 North "0" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-hemardino.ca.us ;" February] 0,2003 Ms. Bonnie Clark San Bernardino Public Employees Association 433 N. Sierra Way San Bernardino, CA 924] 0 Dear Ms. Clark, At the Mayor and Common Council meeting of February 3, 2003, the City of San Bernardino adopted Resolution 2003-40 - Resolution approving a side letter adding further language regarding Military Leave to Resolution 2001-303, implementing a Memorandum of Understanding between the City and employees in the General Bargaining Unit. Enclosed is one (]) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 13 ]8, San Bernardino, CA 92402, as soon as possible. ]fyou have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, f . ( /' ", . # tilt tC [L, '. '\ {,-~. <- Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO A l'I{)PTI,n ."\H4.RFn VALUES: fnteQritv . Accountability. Respect for Human Dignity. Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 14,2003 TO: Lori Sassoon, Acting Director of Human Resources FROM: Michelle Taylor, Senior Secretary RE: Resolution 2003-40 - Side Letter regarding Military Leave CC: Veronica Martinez, Finance Attached is a fully executed copy of the side letter adding further language regarding Military Leave to Resolution 2001-303, implementing a Memorandum of Understanding between the City and employees in the General Bargaining Unit. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): :1. -:) (I':> Item # Vote: Ayes (-- 'l Nays ~1 Change to motion to amend original documents: " (') Resolution # Abstain -,0\ 2CG3-Ac, Absent -('r Reso_ # On Attachments: / Contract term: Null/Void After: - Note on Resolution of Attachment stored separately: -==- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: ;) - '5 ' c' ::'., Date of Mayor's Signature: :) -:; 0 -"') Date ofClerk/CDC Signature:J. -':.,(,?-:> Reso. Log Updated: ~ Seal Impressed: /' Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: '].-&,0:2, See Attached:./' Date Returned: ). - f 4-03 See Attached: See Attached: 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): Yes ~ No By-L , Yes No ~ By~ Yes No ~ By~ Yes No / By~ Yes No ~ By,-- ~ Copies Distributed to: City Attorney V Parks & Rec. Others: Finance H.? v~ MIS Code Compliance Dev. Services Police Public Services Water EDA Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term, etc,) Ready to File{Y)-r Date:"?-' .Lf-{)'2, Revised 01/12/01