HomeMy WebLinkAbout2008-18 - Supplemental Pay for Active Military DutyRESOLUTION NO. 2008-18
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH
AUTHORIZING SUPPLEMENTARY SALARY
PAYMENTS TO CITY EMPLOYEES CALLED
TO ACTIVE MILITARY DUTY
WHEREAS, the City Council supports the U.S. military and deeply appreciates
the role military reservists play in resolving conflict and defending our Country in or
related to the wars in Iraq and Afghanistan; and
WHEREAS, the City Council finds that the provision of Supplemental Pay to
reservists when the reservists are called to active duty, serves the public interest by
creating a strong incentive on the part of these experienced employees to maintain their
positions with the City of Newport Beach during and after a conflict; and
WHEREAS, State law requires public employees called to temporary military
leave of absence for active duty to receive the employee's salary for the first thirty (30)
calendar days of absence. This requirement is limited to calls to active duty that do not
exceed 180 calendar days. The supplemental salary provided in this Resolution is
intended only to provide salary in excess of that required by State law, but does not
change or imply change of all other rights to reinstatement and benefits required by both
State and Federal law; and
WHEREAS, Resolution 2001 -84 of the City of Newport Beach directed that
public employees called to temporary military leave of absence for active duty shall
receive supplemental pay for up to 180 days, yet recent extensions in deployments for
conflicts in Iraq and Afghanistan have meant that City employees serving our country in
the military may lose supplemental pay due to assignments of greater than 180 days;
NOW THEREFORE BE IT RESOLVED THAT:
SECTION 1. The provisions of this Resolution shall apply to any officer or full
time employee of the City of Newport Beach who, as a member of the California
National Guard or United States military reserve organization, is called to active duty for
more than 30 calendar days in any fiscal year (Qualifying Employee). A Qualifying
Employee shall receive "Supplemental Pay" from the City. The Qualifying Employee is
eligible to receive Supplemental Pay for the period between the end of the draw -down
of the Qualifying Employee's Military Leave Bank and June 30 of each Fiscal Year, and
while on active duty (Eligibility Period). Supplemental Pay is defined as the Qualifying
Employee's compensation equal to the difference between his /her military pay and the
normal salary he /she would have received from the City for performing his/her normal
duties. In calculating Supplemental Pay, the City shall include any regularly scheduled
step increase or merit pay raise that the Qualifying Employee would have received
during the Eligibility Period. A Qualifying Employee shall be entitled to receive
Supplemental Pay on the 31st day after the employee has received, in any fiscal year,
thirty (30) calendar days of his/her normal salary while on military reserve training
and /or active duty. A Qualifying Employee shall not receive Supplemental Pay if his/her
military pay exceeds his /her normal salary.
SECTION 2. The Supplemental Pay authorized by Section 1 is in addition to the
following benefits:
A. For any Full Time Employee with one year or more of public agency service (City
service plus recognized military reserve service), City shall pay his /her normal
salary for up to thirty (30) days per fiscal year;
B. For any Full Time Employee, the payment of all premiums (benefits) for
Employees and their dependents during military reserve training or active duty to
the extent and amount these employees would have received such premiums
(benefits) when in active employment by the City.
C. The Employee shall be restored to his /her former position upon return from active
duty; and
D. The accrual of all benefits that the Employee would have received had he /she
been working his /her normal work period during the period of active duty or
active duty training including flex leave, vacation leave, sick leave, retirement
service credit, and service credit for purposes of merit increases.
SECTION 3. For purposes of this Resolution, the term "military pay" shall
include all compensation received by the Qualifying Employee during, or as a result of
the call to, active duty, including call up pay, extra hazardous duty pay, housing
allowances, and specialty pay. The Qualifying Employee shall not be entitled to any
Supplemental Pay until he /she provides the City with evidence of his /her military pay.
SECTION 4. The provisions of this Resolution shall take precedence over any
contrary rule, resolution or policy of the City of Newport Beach. The provisions of this
Resolution are intended to provide supplemental pay and benefits for Qualifying
Employees for the period between the full draw down of the Qualifying Employee's
Military Leave Bank amount and the close of the Fiscal Year in which the Leave is
taken, and shall be implemented in manner consistent with the intent of the City
Council.
SECTION 5. Resolutions No. 2001 -84, No. 99 -35 and all prior resolutions
relative to the subject matter of this Resolution are repealed.
ADOPTED this 25"' day of March 2008.
ATTEST:
City Clerk
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2008 -18 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
25th day of March 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of March 2008.
(Seal)
City Clerk
Newport Beach, California