HomeMy WebLinkAboutReso 201-01 MilitaryComp RESOLUTION NO. 201 - 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 20th day of November, 2001.
AYES:
NOES:
Councilmembers McCormick, Oravetz and Zika and Mayor Lockhart
None
ABSENT: None
ABSTAIN: None
ATTEST:
Mayor
k2/G/11-20-01/reso-military leave.doc (Item 8.1)
G.'lCentral Services~PERSNELICITYPERSIAgenda Statementslmilitary leave reso. doc