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HomeMy WebLinkAbout22-Human Resources CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: EDWARD RAYA ,...' "c ~., · L o ri I ",. Iii i\ Subject: A Resolution of the City of San Bemardino approving a Side Letter to the Resolution No. 99-155 implementing the Memorandum of Understanding between the City of San Bemardino and the San Bemardino Police Officers Association Dept: HUMAN RESOURCES Date: November 21, 2001 Synopsis of Previous Council Action Recommended Motion: Adopt Resolution Z 51. ~""I_ Signatu Contact Person: Phone: Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acet No) (Acet Description) Finance: Council Notes: ~S"0 .L' zo:, I'~ 4 lafflDJ Agenda Item No. :lX . CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Approval of a Side Letter to the Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Officers Association pertaining to military leave. BACKGROUND Based on the United States' recent military action in Afghanistan and the activation and potential activation of a number of its members, the Police Officers Association has requested an amendment to the Memorandum of Understanding to provide for expanded benefits while on military leave. 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 is the language that is currently in the POA Memorandum of Understanding. Various public agencies within the Inland Empire are currently expanding, or adding to, 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 year. After reviewing what these other agencies are doing, staff is recommending that the salary of all Police Safety employees, including probationary employees, who are on active military leave beyond the thirty (30) day minimum requirement, as stated in the Military and Veteran's Code, be paid the difference between their basic City salary, as established by Charter Section 186, and their total military salary for up to one (1) year which includes the thirty (30) day requirement. Additionally, staff is recommending that during this one (1) year period, the City will continue to pay the City's portion of the employee's benefits and that the City's contribution to PERS be continued on a prorated basis. It is recommended that this action be authorized for any Police Safety employee who is activated prior to December 1, 2002. Any employee activated prior to December 1, 2002 will be eligible to receive the benefits described above for a maximum period of one year. Employees activated after December 1, 2002 will not be eligible for any benefits beyond those mandated by law without the prior approval of the Mayor and Council. Staff will be bringing forth amendments to the Memorandums of Understanding for the other bargaining units as the need arises. The amendment pertaining to Police Safety is being brought forth first since this bargaining group currently has two employees on active military duty, , 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 detennined by the department. RECOMMENDATION Adopt Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1...... 15 r "- Resolution No RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION 99.155, RESOLUTION IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE POLICE SAFETY UNIT REPRESENTED BY THE SAN BERNARDINO POLICE OFFICERS ASSOCIATION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Director of Human Resources are hereby authorized and directed to execute on behalf of said City a Side Letter to Resolution No. 99,155, amending Article V, Leaves, Section 7, Military Leave, a copy of which amendments are attached hereto and incorporated herein marked Exhibit A. II/ II/ 11/ II/ 11/ 11/ 11/ 11/ 11/ II/ /11 11/ /// /// '/Lo.22 I },/ .3/C i ,-- - /""" \.... 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 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION 99,155, RESOLUTION IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE POLICE SAFETY UNIT REPRESENTED BY THE SAN BERNARDINO POLICE OFFICERS ASSOCIATION. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,2001, by the following vote, to wit: COUNCILMEMBERS: ESTRADA LIEN MC GlNNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK AYES NA YES ABSTAIN ABSENT Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this of ,2001. Judith Valles, Mayor City of San Bernardino Approved as to fonn and Legal content: JAMES F. PENMAN, City Attorney By: L t-. p~ () ~ .........., 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. Article V. Leaves - Section 7. Military Leave ,'......"g. Employees who are called to active duty as a result of the activation of military reservists beginning in September 2001, due to the crisisrelated 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 Charter section 186 and their total military salary, starting on 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, 2002 will be eligible to receive up to a maximum of one year the benefits described above. Employees activated after December 1, 2002 will not be eligible for any benefits beyond those mandated by law, unless such compensation is expressly approved by the Mayor and Common Council. ...... 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 also use vacation leave, or leave without pay, The thirty (30) day compensation provision also applies to an 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 the 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. r - ,- '- ...""",. DATE: ATTEST: FOR THE CITY : Representatives of SBPOA JUDITH VALLES, MAYOR EDWARDS,RAYA DIRECTOR OF HUMAN RESOURCES APP,ROVEDAS TO FORM AND LEGAL CONTENT. ?~ CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 7,2001 ~rn@rnow[gfID DEe I 0 2001 TO: Edward S. Raya, Director of Human Resources "!UMAN RESOURCES City of San Bernardino FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2001,364 At the Mayor and Common Council meeting of December 3, 2001, the City of San Bernardino adopted Resolution 2001-364 - Resolution approving a side letter to Resolution 99-155, resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Police Safety Unit represented by the San Bernardino Police Officers Association. Attached is one (1) original agreement. Please obtain signatures in the appropriate locations 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 acknowledgeffceipt of the above mentioned documents. Signed: &p'~{(.f Ik ..,A, j 1/\ I Please sign and return Date: / () /10 fU I CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 15,2002 TO: Edward S. Raya, Director of Human Resources FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-364 - Side Letter to Resolution No, 99-155 CC: Finance Attached is a fully executed copy of the Side Letter to Resolution No. 99,155 for Police Safety Employees. 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 ONL Y - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): i2.;)-D\ Item # Vote: Ayes If) Nays ~ Change to motion to amend original documents: 7.~ Resolution" . ..:2..001.:' 3~t.t________ Abstain --G- Absent -e- Reso, # On Attachments: ,/ Contract teoo: - Note on Resolution of Attachment stored separately: ..::--- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: 12,4-6\ Date of Mayor's Signature: Date ofClerklCDC Signature: Q..5-C,1 12--5-01 NullNoid After: - By:~_ ResQ, Log Updated / Seal Impressed: _....v_____. ___._ 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: \-IY-o 2.- See Attached: See Attached: i 1.-'\ - 02 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 Police Public Services Water Notes: YesL No By Yes No ./ By Yes No ;/ By - Yes NO~ By Yes No By EDA ./ Finance Others: 1-/-.12., I MIS J oK BI2.c,"ffl0 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: ..!!l:L.. Date: }-I'5-():).. Revised 01/12/01