HomeMy WebLinkAbout8.1 MilitaryReservCompenCITY CLERK FILE # 700-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 20, 2001
SUBJECT:
A resolution of the City Council of the City.of Dublin establishing a
compensation policy for military reservists employed by the City of Dublin
and called to serve in "Operation Enduring Freedom." Report PrePared by
Holly Brock-Cohn, Interim Assistant to the City Manager.
ATTACHMENTS:
Resolution establishing a compensation policy for military reservists
employed by the City of Dublin and called to serve in "Operation Enduring
Freedom."
RECOMMENDATION: Adopt resolution
FINANCIAL STATEMENT: The cost of supplementing 11 months of pay for the one employee
called to duty is $50,638. This is less than the full cost of salary budgeted for 'this position.
DESCRIPTION:
In accordance with state law, employees with more than 1 year of service with the City who are members
of United States Military Reserve organizations shall receive, during the employee's first 30 calendar days
on active duty or temporary military leave, full salary and benefits as if working his/her regUlar schedule
with the City of Dublin. (National Guard members are entitled to 30 days' pay notwithstanding length of
service.) This law provides the flexibility for employers to determine the level of compensation, if any,
beyond the 3 O-day mandate.
With the onset of "Operation Enduring Freedom," many reservists and National Guard members are being
called to duty. The City of Dublin has one full time emPloyee in the reserves, and she was recently called
to duty with approximately nine-hour notice. A survey of 20 bay area cities has determined that nine pay
the required 30-day minimum and have no plans to change, six are exploring increasing the benefit and
five already supplement the required 30-days' pay. Both the cities of Livermore and Pleasanton recently
passed resolutions extending salary and benefits beYond the 30-day minimum requirement. When cities
supplement, the primary course of action is to supplement the military pay to bring the employee's salary
to the same as if he or she were still employed for up to one year.
California and Federal law also require, that for benefits, employees on military leave be treated the same
as other employees on leave. Therefore, in accordance with existing City policy, if leave is paid, benefits
continue; when leave becomes unpaid, benefits are no longer provided by the city. Under Federal law, the
employee may choose to pay for the benefits themselves, much like COBRA. Although once called up,
H/cc-forms/agdastmt.doc
COPIES TO:
ITEM NO. 8-, {
the employee immediately is covered by military benefits, there is some belief that the city benefits are
better especially for family coverage.
In light of the importance placed on our employees and their families, and the fact that these employees
have been called to duty to defend the freedoms we enjoy as Americans, staff is recommending the
following policy be adopted by the City of Dublin:
The provisions of this resolution stiall apply to any officer or full time employee of this City of
Dublin that, as a member of the California National Guard or United States military reserve
organization, is ~alled to active duty for "Operation Enduring Freedom" for more than 30 days in
any fiscal year ("Qualifying Employee"). This resolution shall not apply to any active duty served
voluntarily.
o
A Qualifying Employee shall receive from the City compensation equal to the difference between
the amount of his/her military pay and the amount he/she would have received from the City for
performing his/her normal duties, for a period extending up to one year from the start of the
military leave. During this time period, the Qualifying Employee shall continue to accrue paid
time off and earn retirement credit, as if the employee were performing his/her normal duties. In
addition, during this period, the City will pay all premiums (benefits) for Qualifying Employees
that are full time employees and their dependents to the extent that the City would have paid such
premiums were the employee performing his/her normal duties with the City.
Any employee receiving compensation pursuant to paragraph (1) who does not return to City
service within 30 days of being released from active duty, and who is physically able to return to
work, shall have that compensation treated as a loan payable with interest at the rate earned on the
Local Agency Investment Fund. This does not apply to compensation earned during the first 30
calendar days of leave, pursuant to state and federal law.
4. ThiS compensation policy shall not apply to any active duty served voluntarily.
RESOLUTION NO. - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING A COMPENSATION POLICY FOR MILITARY RESERVISTS EMPLOYED
BY THE CITY OF DUBLIN AND CALLED TO SERVE IN "OPERATION ENDURING
FREEDOM"
WHEREAS, In accordance with state and federal law, any employee who is a member of the
California National Guard or a United States Military Reserve organization shall receive, during the
employee's first 30 calendar days on active duty or temporary military leave, full salary and benefits as if
working his/her regular schedule with the City of Dublin; and
WHEREAS, the law provides the flexibility for employers to determine the level of compensation,
if any, beyond the 30 day mandate;
NOW, THEREFORE, BE IT RESOLVED that:
The provisions of this resolution shall apply to any officer or full time employee of
this City of Dublin that, as a member of the California National Guard or United
States military reserve organization, is called to active duty for "Operation
Enduring Freedom" for more than 30 days in any fiscal year ("Qualifying
Employee"). This resolution shall not apply to any active duty served voluntarily.
A Qualifying Employee shall receive from the City compensation equal to the
difference between the amount of his/her military pay and the amount he/she woUld
have received from the City for performing his/her normal duties, for a period
extending up to one year from the start of the military leave. During this time
period, the Qualifying Employee shall continue to accrue paid time off and earn
retirement credit, as if the employee were performing his/her normal duties. In
addition, during this period, the City will pay all premiums (benefits) for
Qualifying Employees that are full time employees and their dependents to the
extent that the City would have paid such premiums were the employee performing
his/her normal duties with the City.
Any employee receiving compensation pursuant to paragraph (1) who does not
return to City service within 30 days of being released from active duty, and who is
physically able to return to work, shall have that compensation treated as a loan
payable with interest at the rate earned on the Local Agency Investment Fund. This
does not apply to compensation earned during the first 30 calendar days of leaVe,
pursuant to state and federal law.
Notwithstanding anything to the contrary in this resolution, this resolution shall be
interpreted consistent with state and federal law, and, in the event of a conflict, state
and federal law shall control.
PASSED, APPROVED AND ADOPTED this 20~ day of November, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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