Loading...
HomeMy WebLinkAbout30 - Military Reservists Supplemental PayAgenda Item No. 30 CITY OF NEWPORT BEACH Office of the City Manager TO: Mayor & Members of the City Council FROM: City Manager RE: Military Reservists Supplemental Pay DATE: September 25, 2001 As you know, President Bush has asked 50,000 Military Reservists to report for active duty in the wake of the tragic events of September 11, 2001. State law requires cities to pay full salary and benefits, for a period of thirty (30) calendar days, to military reservists called for active duty. The salary and benefits paid to reservists called for active duty may be paid for no more than thirty (30) days unless the legislative body adopts a resolution authorizing additional payments. In the past, the City Council has adopted resolutions authorizing supplementary salary and benefit payments for reservists called to active duty during the Persian Gulf and Bosnian crises. The City Attorney has prepared a resolution authorizing supplementary salary and benefit payments that is similar to, but somewhat more liberal than, the resolution approved by the City Council during the Bosnia crisis (Resolution 99 -35). The proposed resolution authorizes payment, for up to 180 days, of compensation equal to the difference between the employee's military pay and his /her normal salary. This supplemental pay is authorized after the payment of full salary during the first 30 days of reserve training or active duty leave during any fiscal year. The proposed resolution also confirms that any qualifying employee is entitled to normal accrual of leave and retirement service credit while on active duty and to return to his /her former position within five (5) days after return from active duty. This City has seven (7) employees who serve in the military reserves who could be subject to this provision. RECOMMENDATION I am recommending the City Council adopt the proposed resolution authorizing supplemental salary and benefit payments for employees called to active duty. Homer B udau City Manager RESOLUTION NO. 2001- 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; 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. NOW THEREFORE BE IT RESOLVED: 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 from the City, for a period not to exceed 180 days and while on active duty (Eligibility Period), 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 (Supplemental Pay). 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 315` 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 a period up to 180 days and shall be implemented in manner consistent with the intent of the City Council. SECTION 5. Resolution No. 99 -35 and all prior resolutions relative to the subject matter of this Resolution are repealed. ADOPTED, this day of September, 2001. Garold B. Adams, Mayor ATTEST: LaVonne Harkless, City Clerk K