HomeMy WebLinkAbout11-Human Resources
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Human Resources
Subject: Resolution approving a Side
Letter adding further language regarding
military leave to Resolution No. 2001-94
C '. · L implementing the Compensation and
., ; '~. I . , ; t Benefits Plan between the City of San
Bernardino and the San Bernardino
Management/Confidential and
Unclassified Employees.
From: Lori Sassoon
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.
~Yi;r-/
Signature
Contact person: Lori Sassoon
Phone: 384-5161
Supporting data attached: Staff report, resolution
Ward: All
FUNDING REQUIREMENTS:
Amount: None
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
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Agenda Item No. / /
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution approving a Side Letter adding further language regarding military leave to
Resolution No. 2001-94 implementing the Compensation and Benefits Plan between the
City of San Bernardino and the San Bernardino ManagemenUConfidential and
Unclassified Employees.
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 S 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 San Bernardino
Management and Confidential Resolution No. 2001-94, which was approved on May 7,
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
Management and Confidential (SBCMA) employees are now requesting the application
of extended military leave to the Management and Confidential employees who are
activated for service prior to December 1, 2003, for action related to the war on
terrorism (see attached letter). SBCMA is aware of at least one employee who
anticipates being called up for service.
It is recommended that the Mayor and Council approve the side letter with the San
Bernardino Management and Confidential Employees. The letter would apply to any
Management and Confidential 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.
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January 27, 2003
Lori Sassoon
Acting Director
Human Resources Department
City of San Bemardino
300 N D Street
San Bemardino, CA 92418
Dear Ms. Sassoon:
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The San Bernardino Confidential/Management Association (SBCMA) has as least one member
who is in the Military Reserves and is likely to be deployed in the near future. Therefore,
SBCMA is requesting that the Mayor and Common Council adopt a military deployment
agreement for their organization similar to that agreed upon with the San Bemardino Police
Officers Association.
Please contact me at 384.5357 if! need to provide further information on this matter.
Sincerely,
../J)'- I.... ,(~__ _~ c /..-i ~ '---.-.--
Donna Ward
President
Cc: Jan Wages, President.elect
Marilyn Dixon, Secretary
Gary Silvius, Treasurer
Robel1 Simmons, Advisory Board Member
Deborah Morrow, Advisory Board Member
Linda Hartzel, Advisory Board Member
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Resolution No
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SID
LEITER ADDING FURTHER LANGUAGE REGARDING MILITARY LEAVE T
3 RESOLUTION 2001-94, IMPLEMENTING THE COMPENSATION ANi:> BENEFITS P
4 BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDIN
MANAGEMENT/CONFIDENTIAL AND UNCLASSIFIED EMPLOYEES. .
7
SECTION 1: The Mayor and Director of Human Resources are hereby authorized an
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AS FOLLOWS:
8
directed to execute on behalf of said City a Side Letter to Resolution No. 2001-94, amendin
9
Section 2, Subsection V, Leave of Absence Without Pay, (5), a copy of which amendments ar
10
attached hereto and incorporated herein marked Exhibit A.
1
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RESOLUTION OF THE CITY OF SAN' BERNARDINO APPROVING'. A SID
.,-....,.."'.
LEITER ADDING FURTHER LANGUAGE REGARDING MILlTARY;':'LEAVE T
RESOLUTION 2001-94, IMPLEMENTING THE COMPENSATION AND,BENEFITS P
BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN,. imRNARDIN
MANAGEMENT/CONFIDENTIAL AND UNCLASSIFffiD EMPLOYEES:-;"''''
2
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common Counci
5
of the City of San Bernardino at a
meeting thereof, held on the
day 0
6
7 COUNCILMEMBERS:
8 ESTRADA
9 LONGVILLE
MCGINNIS
10 DERRY
11 SUAREZ
ANDERSON
12
Me CAMMACK
13
14
,2003, by the following vote, to wit:
AYES
NAYES
ABSTAIN
ABSENT
Rachel G, Clark, City Clerk
15
The foregoing resolution is hereby approved this
of
16
2003,
17
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
25
24
Agenda Items:Reso.200 l-94,Side.Ltr.I-03
2
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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. This Side Letter adds to the language in Section
2., V. Leave of Absence Without Pay,S., of the 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 31 Sl 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 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 lllRr;:;:>ROi\nR
CITY CLERK'S OFFICE LS~LS V!.J LS
Records and Information Management (RIM) P am [Q)
FEB - 6 2003
DATE:
February 6, 2003
"!UMAN RESOURCES
City of San Bernardino
TO:
Lori Sassoon, Assistant to the City Administrator
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-41
At the Mayor and Common Council meeting of February 3, 2003, the City of San Bernardino
adopted Resolution 2003-41 - Resolution approving a side letter adding further language
regarding Military Leave to Resolution 2001-94, implementing the compensation and benefits
plan between the City and the San Bernardino Management/Confidential and Unclassified
Employees.
Attached is one (1) 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 ex!. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
"
Signed: '-i{l~
Date: :::/11(('7
I I
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 10,2003
TO:
Donna Ward, SBCMA President
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-41
At the Mayor and Common Council meeting of February 3, 2003, the City of San Bernardino
adopted Resolution 2003-41 - Resolution approving a side letter adding further language
regarding Military Leave to Resolution 2001-94, implementing the compensation and benefits
plan between the City and the San Bernardino Management/Confidential and Unclassified
Employees.
Attached is one (1) 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.
- _Ll 1
Signed: /~ 0\. tA)~L-.
") J /.. Please sign and return
Date: ',,,_,/_;L-003
I 1
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February II, 2003
TO:
Lori Sassoon, Acting Director of Human Resources
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-41 - Side Letter regarding Military Leave
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the side letter adding further language regarding Military
Leave to Resolution 2001-94, implementing the compensation and benefits plan between the
City and the Management/Confidential and Unclassified Employees. The original agreement is
on file in the City Clerk's Office.
If you have any questions, please call me at ex!. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '2 --;)-02') Item #
Vote: Ayes [- '\ Nays.-Pr
Change to motion to amend original documents:
\ \
Resolution # -Z (j~:3, - L\ \
Abstain &- Absent B
Reso. # On Attachments: --.L Contract term: -
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 2-~)'o3
Date of Mayor's Signature: >>-S 'U3
Date ofClerk/CDC Signature: J-S-()~
Null/Void After: -
By: -
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:
See Attached: ./ Date Returned: i)-(I-ct<,
See Attached:
See Attached:
d- b ()-::>,
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
Water
Public Services
Police
Notes:
Yes-L No By
Yes No ---L- By
Yes No ,/ By
Yes No ,/ By
-
Yes No ,/ By
EDA
Finance
MIS
~
Others:
42-
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: nil
Date: ;/-II-QJ,
Revised 0 I /12/0 1