HomeMy WebLinkAbout2021-021 - Providing for Continuation of Partially Paid Temporary Military LeaveRESOLUTION NO. 2021-021
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 was
extended yearly since its initial adoption in 2001 until June 30, 2017.
B. The pay and benefits authorized by Resolution No. 2001-065 inadvertently
expired on June 30, 2017. However, on August 21, 2018, Resolution No.
2018-064 provided continuation of those benefits authorized in 2001-065
through March 31, 2019, and extended on March 5, 2019, Resolution No.
2019-016 through June 30, 2020 and on April 21, 2020, Resolution 2020-030
through June 30, 2021.
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
from July 1, 2021 through June 30, 2022, unless extended by further action of
the City Council.
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.
Resolution No. 2021-021
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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.
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 continuing military
commitments 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 continuing military commitments, 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.
Resolution No. 2021-021
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Section 5: This Resolution, and the pay and benefits authorized herein, shall
terminate and be of no further force or effect on midnight, June 30, 2022, unless
extended by further action of the City Council or otherwise required by law.
ADOPTED this 4th day of May. 2021.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: Xau319- A. Rea c
Laura A. Rossini
Chief Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers:
Councilmembers:
Councilmembers:
VicentHSarmiento�
Mayor
Bacerra, Hernandez, Lopez Mendoza Phan
Penaloza. Sarmiento (7)
None (0)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2021-021 to be the original resolution adopted by the City Council of the
City of Santa Ana on May 4, 2021.
Date: i& � I � � L
Daisy Gom z
Clerk of the Council
City of Santa Ana
Resolution No. 2021-021
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