Loading...
HomeMy WebLinkAbout06 - Supplemental Pay for Active Military DutyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda item No. 6 March 25, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 9491644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution No. 2008 -_ Relating to Supplemental Pay for City Employees who are US Service Members serving in Iraq or Afghanistan ISSUE: Given that the US Military has extended some deployments recently, should the City change its authorizing resolution addressing "Supplemental Pay" for active service members who are City employees serving in Iraq or Afghanistan so that Supplemental Pay does not run out for them? RECOMMENDATION: Adopt Resolution No. 2008 -_ repealing Resolution No. 2001 -84 and ensuring that City staff members serving overseas in the US Military can receive Supplemental Pay through the end of their deployment. DISCUSSION: Branches of the US Military have extended the duration of some deployments, including those in Afghanistan and Iraq. The City Council's Resolution 2001 -84 expressed the City's intent that persons deployed overseas could, for up to 180 days, receive "supplemental pay" (payment from the City that is the difference between their salary if they were still working for the City and their military pay). Supplemental pay also allows the employee to receive their cafeteria health benefits assuring that his or her family's economic condition will not deteriorate as a result of his or her deployment. At the start of each fiscal year, the City gives employees a "military leave bank" of 270 hours to use for drills and/or active duty. Once the leave bank is exhausted, if a City employee remains on active duty, then they may be eligible for Supplemental Pay. If they are eligible, active -duty City employees receive the supplemental pay and the cafeteria allowance for the time period between the leave bank payout and 180 days (per Council Resolution 2001- 84, attached). If a City employee is still on active duty with the start of a new fiscal year, they receive another "bank deposit" with 270 hours of military leave. However, due to the longer deployments, employees may be in a situation where their leave bank is exhausted and the 180 -day clock has Military Supplementary Pay March 25, 2008 Page 2 expired leaving them with 2 -3 months of no supplemental pay (including cafeteria allowance) and no military leave. Staff considers this gap as something to be remedied with a simple change to the Supplemental Pay resolution (see attached). Therefore, this Agenda Item asks that the Council rescind Resolution 2001 -84 and replace it with a new resolution allowing for persons to receive Supplemental Pay for the duration of deployment up to the close of a Fiscal Year, when new military leave is awarded. If a deployment is so long that it extends into multiple fiscal years, then Supplemental Pay would be applied within each fiscal year after leave is exhausted. Currently only one employee is on active duty, so the cost for this is minimal. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Prepared and Submitted by: ave Kiff Assistant City Manager Attachments: Resolution 2008 - Resolution 2001 -84 Military Supplementary Pay March 25, 2008 Page 3 RESOLUTION NO. 2008-_ 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 3 Military Supplementary Pay March 25, 2008 Page 4 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. Military Supplementary Pay March 25, 2008 Page 5 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 25th Day of March 2008 EDWARD D. SELICH Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk 5 RESOLUTION NO. 2001- 84 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 I 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 31" 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 2 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 7 day of September, 2001. ATTEST: LaVonne,Narkless, City Clerk m. WIt Garold B. Adams, Mayor 3 a STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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_ 2001.84 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 September, 2001, and that the same was so passed and adopted by the following vote, to Wit.- Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams 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 September, 2001. (Seal) o0lrV./ �a City Clerk Newport Beach, California I