HomeMy WebLinkAbout2001-84 - Employees Called to Active Military DutyRESOLUTION 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
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
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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 Harkless, City Clerk
Garold B. Adams, Mayor
3
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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)
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City Clerk
Newport Beach, California