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Home My WebLink About55D - RESO MILITARY LOAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2018 TITLE: ADOPT A RESOLUTION FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS. {STRATEGIC PLAN NO. 7} Cl ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City Manager to continue to provide additional partially -paid temporary military leave of absence and benefits for City employees and their eligible dependents called to active duty with the armed forces. DISCUSSION On October 1, 2001, the Santa Ana City Council adopted Resolution No. 2001-065, providing for additional partially -paid temporary military leave of absence for full-time officers or employees of the City, with at least one (1) year of employment, called to active military service with the Armed Forces of the United States in connection with the then -current military crisis, and for continuation of employee and their eligible dependent's benefits. That Resolution also provided that its terms would expire unless extended by further action of the City Council. The pay and benefits authorized by Resolution No. 2001-065 inadvertently expired as of June 30, 2017. The proposed Resolution would help full-time employees and their families with financial hardships resulting from being called to active duty for more than thirty (30) continuous days in a calendar year. Additionally, this Resolution would continue in the spirit of the commitments made to full-time employees and to affirm payments of those benefits to affected employees for July 1, 2017 until March 31, 2019, unless extended by further action of the City Council or otherwise by law. This will allow sufficient time for the Executive Director of Human Resources to meet and discuss with the unions proposed changes to the program after the expiration of the resolution. 5513-1 Provide Temporary Military Active Duty Partial Pay and Benefits August 21, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6. Provide a positive workplace environment that supports the health of its employees and celebrates its success and Goals. FISCAL IMPACT Funds will be budgeted and made available for FY2017-18 and FY2018-19 in the various affected departmental salary and benefit accounts (61000 through 61180). Steven V. m Executive Di ctor APPROVED AS TO FUNDS AND ACCOUNTS: Sergio Vidal 37A Assistant Director Human Resources Department Finance and Management Services Agency Exhibit: Military Leave Resolution 2018 -XX 55D-2 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROVIDING FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEE AND THEIR ELIGIBLE DEPENDENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 1, 2001, the City Council of the City of Santa Ana adopted Resolution No. 2001-065 which provided for an additional partially -paid temporary military leave of absence for each full-time officer or employee of the City, with at least one year of City employment, who had been called to active military service with the Armed Forces of the United States in connection with the then ongoing military crisis. That Resolution has been extended yearly since its initial adoption in 2001. B. The pay and benefits authorized by Resolution No. 2001-065 inadvertently expired as of June 30, 2017. C. It is the intention of the City Council to continue to help City employees and their families with financial hardships resulting from being called to active duty for more than thirty (30) continuous days in connection with continuing military commitments and to affirm payments of those benefits to affected employees for July 1, 2017 to the date this Resolution is approved. D. Section 9-144 of the Santa Ana Municipal Code ("SAMC") grants members of the reserve forces of the United States, or the National Guard, temporary leave with pay not to exceed thirty (30) calendar days in each calendar year after one year of service with the City, upon proof of orders to and from such temporary active duty, also required by the California Military and Veteran's Code section 395.02. E. However, the normal tour of duty to which a reservist may be ordered to serve, without congressional action, is normally six (6) consecutive months. F. Several City employees are currently reservists on active military service. 2018 -XXX Page 1 of 3 5501-3 Section 2: Partial Pay, Benefit Allowances and Group Benefit Coverage for City Officers and Employees on Long -Term Active Military Service. A. In addition to the fully paid military leave provided by Section 9-144 of the SAMC, each full-time officer or employee of the City, with at least one (1) year of service with the City, who is called to active military service with the Armed Forces of the United States in connection with the current military crisis shall be entitled to military leave with partial pay for the period of his or her absence from City employment while on military service in excess of the period covered by Section 9-144, upon presenting satisfactory proof of orders to and from such temporary active duties. B. The amount of pay that each employee shall be entitled to receive from the City for the employee's additional period of military leave shall be the difference between the military gross pay and allowances actually received by the officer or employee from the United States for such service and the regular base pay, plus regular pay additives that said employee would have received from the City of Santa Ana if he or she would not have been called to active military duty, subject to all regularly required and voluntary deductions and withholdings. C. For each full-time officer or employee of the City who has already been or will be called to active military service with the Armed Forces of the United States in connection with the current military crisis, the City shall also provide continued health and dental benefits to the employee and the employee's eligible dependents or, for the employee's represented by the Santa Ana Police Officer's Association ("SAPOA"), the City will contribute to the SAPOA that portion of the City's current contribution to the SAPOA designated specifically towards payment of premiums for, health, dental and long-term disability insurance plans administered by the Association for the benefit of the employees represented by the Association, as described in Section 12.0 of the current SAPOA Memorandum of Understanding. Section 4: The City shall not pay any wage or benefit provided for in this Resolution until and unless the officer or employee who requests such payment provides satisfactory proof such as a copy of military orders and documentation of eligibility to receive payment in accordance with procedures established by the City Manager or his or her designee. Section 5: This Resolution, and the pay and benefits authorized herein, shall terminate and be of no further force or effect on midnight, March 31, 2019, unless extended by further action of the City Council or otherwise required by law. 2018 -XXX Page 2 of 3 55D-4 ADOPTED this 21St day of August, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-_ to be the original resolution adopted by the City Council of the City of Santa Ana on August 21, 2018. Date: 2018 -XXX Page 3 of 3 55D-5 Clerk of the Council City of Santa Ana 55D-6