Loading...
HomeMy WebLinkAbout37-Personnel -r.ITY OF SAN BERN~DINO - REQUEST ,Q. COU'lCIL ACTION ~: Dept: Date: Gordon R. Johnson Director of Personnel Personnel Su~ect:Resolution Amending Resolution No. 6433, Section Six, granting safety employees leave accrual rights while receiving industrial leave benefits under Labor Code Section 4850. May 18, 1989 Synopsis of Previous Council action: ;"',-j ~ ;~ ~ ''''' <.:> t-.,) None c..... t:'"..:' I.::: ..'", I I ~-.. C:') ~ :J:: ;c .,"... - 0 't:. .., po :'"' Recommended motion: c Adopt resolution. U. Q /'1- ie:, ..''; .0:--. ~"I. / ./.-.... ~ignature Contact person: Gordon R. Johnson Phone: 384.-5161 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: QCil Notes: 15.0262 Aaenda Item No. _~7 1 _ elTY OF SAN8ERNA~DINO - REQUEST Fda COUNCIL ACTION c STAFF REPORT The city Attorney's office has determined that one provision of Section Six of Council Resolution No. 6433 has been super- . sededby state law.~The provision in 'question states that "safety members of the Police and Fire Department who .are receivinq benefits under Labor Code section 4850 because of an industrial injury... shall not be entitled to accrue vacation, sick) leave, or holiday credits dur.in.9 such absence from duty." / The attached memo ,dated April 3, 1989, from Deputy City Attorney Diane Catran Roth states that "employees a]:'e clearly entitled to accrue sick leave and vacation while off on 4850 time ..." (~~~3a~~ac~~~n~~~:lU;;~~t;m:::~o~:~;i~~c~~lofr~~~~;U}~~nva~~: tion, sick. leave and holiday creditsJThe costs of this resolution are impossible to accurately project and will be incorporated in the budgets of the Police and Fire Depart- ments. o PD-40l c 7.c;_n~,.. c 1 2 3 4 5 6 7 8 9 10 11 12 c 13 14 15 16 17 18 19 20. 21 22 23 24 2S 26 o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6433 ENTITLED IN PART "A RESOL'l1TION . . . CREATING AND ESTABLISHING POSITIONS FOR THE VARIOUS DEPARTMENTS OF THE CITY OF SAN BERNARDINO"; BY GRANTING SAFETY EMPLOYEES ON INDUSTRIAL LEAVE ACCRUAL RIGHTS FOR VACATION, SICK LEAVE AND HOLIDAY CREDITS EFFECTIVE JUNE 20, 1989. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TliE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Resolution No. 6433, Section Six, is hereby amended to read as follows: "SECTION SIX: INJURY LEAVE When injury is sustained in the course and scope of employment with the City of San Bernardino, said employee Shall be compensated under the provisions of the Workers' Compensation Insurance and Safety Act of California and not under the provisions of this resolution; provided that safety members of the Police and Fire Departments shall be reimbursed pursuant to the provisions of California Labor Code section 4850 during the first three hundred and sixty five (365) days of their disability, provided further that these payments may be terminated pursuant to the provisions of California Government Code Section 21023.6 and provided further that general employees of the city of San Bernardino or employees whose positions are funded under Federal law or who are funded in Federally funded positions, if such benefit is required by said Federal law, shall receive one hundred percent (100%) of their normal salary or wages for the first seven days of their disability. Effective with the eighth day of necessary absence for such cause, each general C 27 28 Page 1 of 3 06/02/89 o o pmp 1 oyee Ot. ei1ch Federally funded gC'nel'a 1 c'mp.1 oyee, as a forc,- c said, shall be authorized upon his request to utilize any balance of his accumulated sick leave credits to augment the temporary disability compensation he receives to the extent that the total sum received will result in a payment equal to his regular and normal compensation. The utilization of sick leave for this purpose shall end with the termination of the temporary disability or when his accumulated sick leave credits have been exhausted, whichever occurs first. Safety members of the Police and Fire Departments who are receiving benefits under Labor Code Section 4850 because of an industrial injury shall accrue vacation, sick leave and holiday credits during such absence from duty as if they were on regular duty. General employees or each Federally funded o general employee, who are absent because of industrial injury shall not be entitled to accrue vacation, sick leave, or holiday credits during such absence from duty. When an employee is off the payroll or pay because of sick leave or injury and has not had a vacation at the end of the current year, he shall be allowed to take his vacation in the next calendar year, but must take said vacation prior to the time he returns to work after his illness or injury." I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote to wit: o Page 2 of 3 06/02/89 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 / 19 20 21 22 23 24 25 26 27 28 o c 1 _ _ o o A!1ENDl1ENT EMPLOYEES SICK LEAVE TO RESOLUTION 6433, SECTION SIX BY GRANTING SAFET, ON INDUSTRIAL LEAVE ACCRUAL RIGHTS FOR VACATION, AND HOLIDAY CREDITS EFFECTIVE JUNE 20, 1989. AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1989. MAtOR OF THE' CITY OF SAN BERNARDINO Approved as to form and legal content: ., I / , 7r:- \ -"-"...~ " r>;~"'h'" .~'. . . ., . City Attorney Page 3 of 3 06/02/89 o OF"F"ICE: 932 NORTH "0" STREET . - - - o 0 San Bernardino & RifJlto FIRE FIGHTERS LOCAL 891 P. O. BOX 2703 SAN BERNARDINO. CALIFORNIA 92406 June 12, 1989 -----_._---- _._---_.._~._--_. oS '0 :.u ,-n '."J n Ms. Shauna Clark City Clerk City of San Bernardino o Dear Shauna: ~ z. ~ w -0 ~ t,,=:> 0: I am requesting to appear before the Mayor and City Council on June 19, 1989 to speak on a subject that is scheduled on the agenda. The area of concern is a proposed resolution dealing with the accrual of sick time, vacation, and holidays, while off duty due to a work related injury (4850 time). I would appreciate it if you could schedule me into the agenda and let mp know of the approximate time that this item will appear before the Mayor and Council. 6CA.S?~ Sincerely, Tom Parlett President-Local 891 o Affiliatu with: INTERNATIONAL ASSOCIATION OF FIRE FIGHTERSA"'L.CIO. FEDERATED FINE FIGHTERS OF CALIFORNIA, CAL,I,.ORNIASTATIE FEDERATION 0... LABOR. SAN BERNARDINO CENTRAL L.ABOR COUNClL ", i'" ~ " ~