CITY COUNCIL: Resolution Authorizing Payment of Salary & Benefit Difference to City Employees Activated into Military Service

Meeting Date: November 3, 2009
Prepared by: Heidi Burch, City Clerk

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the payment of salary and benefit difference to city employees who have been activated into military service from the National Guard or from the inactive military reserves.

Description: This Resolution authorizes the City to pay the difference between salary and benefits paid by the military and those paid by the City for City staff activated into service. The purpose of this action is to accommodate the activation of the Building Official, John Hanson, by the National Guard to assist with construction and agriculture in Afghanistan. His deployment will be part of the Provincial Reconstruction Team (PRT) Asadabad encouraging international and non-governmental organizations to operate in rural areas outside of Kabul. The milestones
that lead to this activation are as follows:

• April 8, 2009 – Hanson informed staff that he is deploying in July 2009 to Afghanistan.

• July 31, 2009 – Hanson’s travel orders received by City for activation on August 3rd for training and deployment for approx. 400 days.

• September 14, 2009 –Hanson requested use of vacation time for the period of October 13-November 13, 2009, which caused a recalculation of his benefits package.

• September 24, 2009 –Hanson arrived in Afghanistan.

• October 8, 2009 – Receipt of Department of the Army letter requesting extension of Hanson’s City benefits, which will run out on December 31, 2009.

Municipal code sections 2.52.690 and 700 outline how the City will compensate employees activated for military duty (see attached). The City’s Municipal Code states, as it has, since 1987 that military leave beyond 30 days will be unpaid leave. Staff cannot authorize differential pay or benefits for employees as it is would be a gift of public funds. It is within the City Council’s authority to take this action, as it has done previously, as part of a public meeting.

Overall Cost:
City Funds: Hanson’s regular City compensation, salary plus benefits, is
$109,000. This will offset the following costs: $51,000 is estimated for
Hanson’s differential pay + $50,000 Building Official consultant during
Hanson’s activation.

Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: Support of City staff members who have been activated for military service during times of emergencies or declaration of war requires the City Council to adopt a Resolution to cover any differential in pay and benefits. This is Hanson’s fourth military leave from the City since 2001 and each occurrence has followed the same City process. The costs to the City, at this time, are only estimates. As soon as the City receives information regarding military salary, allowances and premiums, the precise amounts will be determined.

Decision Record: In support of Hanson’s previous duty, Resolution 2001-156 was adopted in November 2001 and expired one year later. Resolution 2004-01 was also adopted in January 2004 and expired one year later in 2005.

Reviewed by:

_____________________________ __________________
Rich Guillen, City Administrator Date

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA AUTHORIZING PAYMENT OF SALARY AND BENEFIT DIFFERENCE TO CITY EMPLOYEES WHO HAVE BEEN ACTIVATED INTO MILITARY SERVICE FROM THE NATIONAL GUARD OR FROM THE INACTIVE MILITARY RESERVES.

WHEREAS, the City employs individuals who are members of the National Guard or the inactive military reserves; and

WHEREAS, the City recognizes the fact that during times of an emergency or war, it is sometimes necessary for Guard members or those in the inactive reserves to report for active military service as ordered; and

WHEREAS, the City also realizes that the employee(s) and their families may suffer a reduction of income as a result of being activated into military duty; and

WHEREAS, it is the intent of the City to not allow an employee’s family to suffer financial burden during such emergencies or acts of war and is supportive of the employees of the City who have been called into active military service; and

WHEREAS, the City also finds that it is within the public interest to provide these employees with that portion of their City salary loss due to their active military duty pay.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Provide for those City of Carmel-by-the-Sea permanent classified or
permanent unclassified employees who have been called into active military service duty.

2. Authorize payment of the difference between said employees’ current salary and that of his/her active military salary, as specified on the military Basic Pay Table, including all military allowances and/or premiums, from such time as the employees’ paid military leave (as provided in the California Military and Veterans Code 395 et seq.) is exhausted.

3. Effective November 14, 2009, direct that said employees’ vacation and sick leave banks will not be depleted below his/her normal accrual during the time of military duty.

4. This Resolution shall be valid for one year, at which time the City Council may elect to continue or discontinue said payment.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of November 2009, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

______________________
SUE McCLOUD, MAYOR

______________________
ATTEST: Heidi Burch, City Clerk

2.52.690 Military Leave – Annual Paid.
An employee having regular status is entitled to City-paid leave not to exceed 30 calendar days in any one-year period for training duty in any branch of the United States armed services. This leave shall be granted in accordance with provisions of the California Military and Veterans’ Code.

However, a request for annual military leave can be honored only if accompanied by a copy of the employee’s official military orders showing the employee’s name and other identifying information, and the starting and completion dates of leave. The order must also show the date of the orders and other official information including the name and rank of the person issuing the orders. Since annual training dates are ordinarily established months in advance of duty, an employee must inform the employee’s supervisor as soon as the training dates are known. Actual request for leave and official military orders should be submitted no later than 15 days prior to the requested leave beginning date. (Ord. 87-1 § 2, 1987).

2.52.700 Military Leave – Unpaid.
A. An employee having trainee status shall be granted a short-term or
extended leave when called to active duty, in accordance with the provisions of the California Military and Veterans’ Code. This requirement for proof of military orders specified in CMC 2.52.690 also applies to unpaid military leave.

B. Sick leave and vacation do not accrue to the employee while on leave, but the employee’s anniversary date remains unchanged. (Ord. 87-1 § 2, 1987).