HomeMy WebLinkAbout2018-064 -Military Leave of AbsenceRESOLUTION NO. 2018-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA PROVIDING FOR CONTINUATION OF
PARTIALLY PAID TEMPORARY MILITARY LEAVE OF
ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE
DUTY WITH THE ARMED FORCES AND CONTINUATION
OF BENEFITS FOR EMPLOYEE AND THEIR ELIGIBLE
DEPENDENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On October 1, 2001, the City Council of the City of Santa Ana adopted
Resolution No. 2001-065 which provided for an additional partially -paid
temporary military leave of absence for each full-time officer or employee of
the City, with at least one year of City employment, who had been called to
active military service with the Armed Forces of the United States in
connection with the then ongoing military crisis. That Resolution has been
extended yearly since its initial adoption in 2001.
B. The pay and benefits authorized by Resolution No. 2001-065 inadvertently
expired as of June 30, 2017.
C. It is the intention of the City Council to continue to help City employees and
their families with financial hardships resulting from being called to active duty
for more than thirty (30) continuous days in connection with continuing military
commitments and to affirm payments of those benefits to affected employees
for July 1, 2017 to the date this Resolution is approved.
D. Section 9-144 of the Santa Ana Municipal Code ("SAMC") grants members of
the reserve forces of the United States, or the National Guard, temporary
leave with pay not to exceed thirty (30) calendar days in each calendar year
after one year of service with the City, upon proof of orders to and from such
temporary active duty, also required by the California Military and Veteran's
Code section 395.02.
E. However, the normal tour of duty to which a reservist may be ordered to
serve, without congressional action, is normally six (6) consecutive months.
F. Several City employees are currently reservists on active military service.
Resolution No. 2018-064
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Section 2: Partial Pay, Benefit Allowances and Group Benefit Coverage for City
Officers and Employees on Long -Term Active Military Service.
A. In addition to the fully paid military leave provided by Section 9-144 of the
SAMC, each full-time officer or employee of the City, with at least one (1) year
of service with the City, who is called to active military service with the Armed
Forces of the United States in connection with the current military crisis shall
be entitled to military leave with partial pay for the period of his or her
absence from City employment while on military service in excess of the
period covered by Section 9-144, upon presenting satisfactory proof of orders
to and from such temporary active duties.
B. The amount of pay that each employee shall be entitled to receive from the
City for the employee's additional period of military leave shall be the
difference between the military gross pay and allowances actually received by
the officer or employee from the United States for such service and the
regular base pay, plus regular pay additives that said employee would have
received from the City of Santa Ana if he or she would not have been called
to active military duty, subject to all regularly required and voluntary
deductions and withholdings.
C. For each full-time officer or employee of the City who has already been or will
be called to active military service with the Armed Forces of the United States
in connection with the current military crisis, the City shall also provide
continued health and dental benefits to the employee and the employee's
eligible dependents or, for the employee's represented by the Santa Ana
Police Officer's Association ("SAPOA"), the City will contribute to the SAPOA
that portion of the City's current contribution to the SAPOA designated
specifically towards payment of premiums for, health, dental and long-term
disability insurance plans administered by the Association for the benefit of
the employees represented by the Association, as described in Section 12.0
of the current SAPOA Memorandum of Understanding.
Section 4: The City shall not pay any wage or benefit provided for in this
Resolution until and unless the officer or employee who requests such payment
provides satisfactory proof such as a copy of military orders and documentation of
eligibility to receive payment in accordance with procedures established by the City
Manager or his or her designee.
Section 5: This Resolution, and the pay and benefits authorized herein, shall
terminate and be of no further force or effect on midnight, March 31, 2019, unless
extended by further action of the City Council or otherwise required by law.
Resolution No. 2018-064
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ADOPTED this 215t day of August, 2018.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: `I�GLLti1O.ia�1x1.
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers Benavides, Martinez, Pulido, Solorio, Villegas (5)
NOES: Councilmembers
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Sarmiento, Tinaiero (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council,
Resolution No. 2018-064 to be the original
City of Santa Ana on August 21 st, 2018.
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2018-064
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