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Home My WebLink AboutE-10. Resolution for Military PayCONSENT ITEM E-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY BUTZLAFF, ICMA-CM, CITY MANAGER FROM: AMELIA AYALA, DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT DATE: SEPTEMBER 19, 2016 SUBJECT: ADOPT RESOLUTION NO. 2016-C58 AUTHORIZONG CONTINUATION OF BENEFITS AND SALARY FOR EMPLOYEES CALLED TO ACTIVE MILITARY DUTY UNDER TITLE 10 USC ORDERS SUMMARY: The City Council has reaffirmed on three (3) prior occasions by way of Resolutions (2003-C30, 2005- C53 and 2009-C26) its intent to establish a City policy on the continuation of salary and benefits for employees called to active duty with the United States Armed Forces. This action would replace the extension of salary and benefits based on a government operational name such as “Operation Enduring Freedom” to employees receiving TITLE 10 USC Orders. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Adopt Resolution No. 2016-C58 Authorizing Continuation of Benefits and Salary for Employees Called to Active Military Duty Under TITLE 10 USC Orders. DISCUSSION: The City Council has adopted resolutions on three (3) occasions (April 2003 03-C30, June 2005 05- C53, and March 2009 09-C26) extending salary and benefits to City employees called to active duty with the United States Armed Forces in support of “Operation Enduring Freedom”. The extension of benefits includes a continuation of salary for the first 30 days of duty (required by law). In consideration of the potential loss of income the City has provided additional temporary paid leave and continuation of benefits for employees recalled to active duty to defend the United States of America. Because the tour of duty for Reservists called to active duty generally lasts over 30 days, an employee called to active duty may experience a financial hardship for that individual and their family. This action will allow employees who are recalled to be compensated by the City for the difference between Approved Council Meeting 9/19/2016 Resolution 2016-C58 to be Revised Authorizing Continuation of Benefits and Salar y for Employees Called to Active Military Duty Septmeber 12, 2016 Page 2 the amount the employee will receive from the regular city gross bi-weekly wage (base rate, not including overtime) and the amount the employee receives from military service including allowances. The continuation of salary would extend for an additional 150 days beyond the required 30 days under Federal and State law. This action in total may not exceed 180 days (a total of 6 months). The employee’s benefits (retirement and leave accruals) would be continued for the employee and their family in the manner it would be provided if the employee was still actively employed by the City. Additionally, the continuation of the employee’s Flexible Benefit Plan (health, dental, et al) for a total not to exceed 12 months commencing with the date the employee is ordered to report for active duty. At the conclusion of 12 months, the employee may elect to continue their health benefit coverage under the provisions of C.O.B.R.A. (maximum military Reservist is for a period of up to 24 months paid by the employee). In order to access this temporary continuation of salary and benefits, the employee must provide documentation of their military pay in the form acceptable to both the Director of Human Resources & Risk Management and the Director of Finance. This would be a temporary modification, authorized by the City Council, applied to the City’s existing Military Leave Policy (Civil Service Rule 6.5). As such, the temporary salary and benefit continuation will only be provided to those individuals who are called to active duty as a result of the President ’s Executive Order specific to currant military actions receiving TITLE 10 USC Orders. As cited under the City’s Military Leave Policy an employee must be in the City employment for a period of one (1) year, upon being called for military active duty. The only change to this resolution is replacing a specific official government name such as “Operation Enduring Freedom” with TITLE 10 USC Orders. It is possible that the United States could be engaged is multiple operations under different names. This would require a separate resolution for each action. The one constant that is involved in every military re-call to service is Title 10 USC Orders regardless of the operation name. This resolution will help streamline the military service process for City employees. FISCAL IMPACT: There is no fiscal impact for the recommended action since the City currently offers the same salary and benefit continuation to employees called to active military duty. Prepared by: Prepared by: Samuel Fleming Amelia Ayala Operations Captain Director of Human Resources & Risk Management Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Troy L. Butzlaff, ICMA-CM Management Analyst City Manager RESOLUTION NO. 2016-C58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING CONTINUATION OF BENEFITS AND SALARY FOR EMPLOYEES CALLED TO ACTIVE MILITARY DUTY UNDER TITLE 10 USC ORDERS WHEREAS, Section 395.01 of the California Military and Veterans Code (the “CMV Code”), requires public agencies, including the City of Azusa, to continue to compensate City employees who have been employed for a period of at least one year by the City prior to being “called” to active military training, inactive duty training, encampment, naval cruises, special exercises or the like, for the first 30 day period of absence from work in any fiscal year when such employees are “called:” and WHEREAS, NOTWITHSTANDING THE PROVISIONS OF Section 395.01 of the CVM Code specifically acknowledges the right of public agencies, including cities, to authorize payment of compensation in an amount greater than the pay for 30 days by resolution of the legislative body; and WHEREAS, The United States of America has mobilized United States Reserve Military and members of the California National Guard to serve the nation in a military operation under TITLE 10 USC Orders; and WHEREAS, The City of Azusa is supportive of the employees of the City who have been “called” into active military duty and believes that it is in the public interest to provide these employees with continuing employee benefits and that portion of their City base salary which may be lost due to leave of absence from City service for active military duty; and WHEREAS, it is in the best interest of the health, safety and general welfare of the City of Azusa to extend the time during which compensation is provided for those “called to server under United States of America Title 10 USC orders as permitted by California law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby adopt in full the terms and conditions contained in the said staff report dated September 19, 2016. PASSED AND ADOPTED By the City Council of the City of Azusa at a regular meeting held on 19th day of September 2016. ____________________________________ Joseph Romero Rocha Mayor ATTEST: Authorizing Continuation of Benefits and Salary for Employees Called to Active Military Duty Septmeber 12, 2016 Page 2 ____________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 16- was duly adopted by the City Council of Azusa at a regular meeting thereof, held on the 19th of September, 2016, by the following vote of Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ____________________________________ Best Best & Krieger, LLP City Attorney