Resolution No. 7883RESOLUTION NO. 7883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING A MILITARY LEAVE POLICY
WHEREAS, by letter dated December 13, 2001, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that a
resolution be approved to compensate City employees who are serving in
the armed forces due to the recent Afghanistan conflict and who are
reporting to work while on active military duty; and
WHEREAS, the City Council of the City of Vernon wishes to
adopt a"military leave policy for City employees who are serving in the
armed forces due to the recent Afghanistan conflict and who are,
reporting to work while on active military duty so that _they would not
be monetarily disadvantaged because of serving their country during the
crisis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
adopts the Military Leave Policy, a copy of which is attached hereto
as Exhibit "A" and made a part hereof.
SECTION 3: This Resolution shall take effect on December 2,
2001, and shall remain in full force and effect unless repealed by
action of the City Council of the City of Vernon, and all resolutions or
minute orders in conflict with this resolution are hereby repealed.
SECTION 4: The City Clerk of the City of Vernon, shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 19th day of December, 2001.
EONIS C. MALB G, Mayo '
ATTEST:
BRUCE`V. MALKENHORST, City Clerk
- 2 -
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7883, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, December
19, 2001, and thereafter was duly signed by the Mayor of the City of
Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
_ 3 _
SUPPORTING
DOCUMENTS
EXHIBIT
A
CITY OF VERNON
MILITARY LEAVE POLICY
(December 19, 2001)
I. STATEMENT OF POLICY
This Policy shall pertain to those employees who have completed their evaluation period and
that have been employed by the City at least one year prior to the time that they are called into
active military duty for the United States. The Policy shall apply retroactively to employees
called into duty as a result of the Afghanistan crisis of September 11, 2001.
IL DEFINITIONS
A. "Evaluation Period" means the period defined in the Salary Resolution.
B. "Re lugu ar Pay" means compensation in accordance with the formula adopted in the
current Salary Resolution which provides a monthly amount for each position and each
step in each department.
C. "Salary Resolution" - means the resolution adopted every fiscal year and any
amendments thereto fixing the compensation of certain employees.
D. "Perfect Attendance" means the Perfect Attendance Incentive Program established by
resolution and any amendments thereto.
E. "Vacation" - means vacation policies for employees of the City of Vernon established
in the current vacation resolution and any amendments thereto.
III. WORK SCHEDULE WHILE SERVING IN MILITARY
The City of Vernon will allow employees to work, as needed, on his or her off days and any
military holidays given.
IV. COMPENSATION
A City employee who is on military leave, other than temporary military leave of absence,
shall be entitled to receive the following compensation for a period of thirty (30) calendar
days, with an option at the discretion of the City Administrator, that shall not exceed one
hundred eighty (180) calendar days:
A. For the one military leave of absence, the employee shall receive his or her regular pay
as compensation for the first thirty (30) calendar days of leave while engaged in the
performance of ordered military duty in accordance with Military and Veterans Code Section
395.02. For employees that were called to military duty as a result of the Afghanistan crisis of
l
September 11, 2001, the City Administrator may, in his discretion, extend the benefits of this
subsection for up to sixty (60) additional calendar days;
B. If the employee works for the City, as needed; on his or her off days and any military
holidays given, then such employee shall be compensated on an hourly basis as set forth in the
City's Salary Resolution;
C. After the expiration of the employee's first thirty (30) days of required military leave,
the employee shall be required to take all other accrued paid time off including, but not limited
to, vacation, compensatory time, perfect attendance, and in -lieu holiday time concurrently with
military leave provided for herein;
D. The difference between the amount of his or her military pay and allowances and the
amount the employee would receive from the above subsections, if applicable, so that the total
compensation received by the employee from the Federal Government and the City shall equal
the compensation they would have received while in the employ of the City but for the
employee's obligation for active service.
`a
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 5834811
December 13, 2001
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323)826-1481
Due to the recent Afghanistan conflict, it is hereby recommended that
a Resolution be approved and adopted to compensate employees who are
serving the armed forces and report to work while in active duty.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/ng
CITY ADMINISTRATOR/CITY CLERK S
OFFICE
MEMORANDUM
DATE: December 6, 2001
TO: Eduardo Olivo, City Attorney
FROM: Greg S . Tsuj i.uchi, Assistant to the City Administrator
RE: Military Resolution
I was made aware of a potential Resolution concerning Military
activation for City employees.
I'm unaware if the Soldiers' and Sailors' Civil Relief Act and
Uniformed Services Employment and Reemployment Rights Act(USERRA), or
any other related legislation covers any of the following possible
issues that have come to mind, but you may find a reason to address
these.
1) Does this include members of the California Army/Air National
Guard? Members of these organizations are in service of the
state, however, they can be federally activated. I'm unsure
whether or not the Guardsmen called up for duty to provide
security for the airports are being paid by the state or
federal government. During the 1992 riots, I was activated for
3 weeks and from my best recollection, received one week pay by
the state and the remaining 2 by the federal government after
the situation was declared a federal emergency.
2) I'm unsure whether the Coast Guard is a Federal or State
service.
3) Does the military salary being compared to include only the
base salary or other incentive type pays also? For example,
depending on the type of duty, occupational specialty, and
location of deployment, a service member could earn hazardous
duty pay, eminent danger pay, overseas pay, etc...
4) Does this type of activation effect the employees perfect
attendance?
f
Military Resolution
December 6, 2001
Page 2
5) Will the employee still be earning full city leave/vacation
time while away on duty or does it become temporarily suspended
until the employee comes off of military activation and reports
back to work, or can he/she earn vacation time dependent upon
the amount of time they are able to work between military duty?
6) I'm unsure whether or not a reserve service member would accrue
military leave time while being activated for extended amounts
of time. There is a formula for accruing military leave on
active -duty, and so, if a service member was to cash in that
leave time does that influence the salary?
7) Does this include activation for other theatres of operation
other than where the actual conflict is taking place? Due to
the September llth attacks, reserve/guard deployments to other
countries and around the nation (locally and out of state) have
become heightened areas of deployments.
8) From personal memory, I remember being advised that service
members could not be required to use accrued vacation or annual
leave while performing military duty (USERRA?). But perhaps as
a condition, since the City is willing to make up the difference
of pay, the employee could be made obligated to voluntarily
utilize his accrued vacation if they wanted to take advantage of
this city program.
If you have any questions or require additional information, please
advise.
City of Vernon
4305 Santa Fe Avenue ♦ Vernon, California 90058
Phone: (323) 583-8811 Ext. 263
Fax: (323) 581-7924
Date: , Z- ZG.. f 95 Number of pages including this page
From: Greg S. Tsujiuchi To: 1��> D rE
Department: City Administrator's Office
Reference:
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CITY ATTORNEY
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City of Vernon
4305 Santa Fe Avenue ♦ Vernon, California 90058
Phone: (323) 583-8811 Ext. 263
Fax: (323) 581-7924
From: Greg S. Tsujiuchi
Department: City Administrator's Office
Number of pages including this gage 3
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Reference: t-t�- k..N-Mcyj
Text- 1oo-AV
• Cfl�V COUNCIL
EDUARDO OLIVO
`
City Attorney
A.PONIS C. MALBURG
FAX: (562) 927-8722
Mayor
KEVIN WILSON
THOMAS A. YBARRA
Director of Community Services & Water
Mayor Pro-Tem
FAX: (323) 588-2761
WM. 'BILL" DAVIS
KENNETH J. DeDARIO
Councilman
Director of Municipal Utilities
FAX: (323) 583-1983
H. "LARRY" GONZALES
Councilman , I
STEVEN E. PARKER
`ur
W. MICHAEL MCCORMICK
Fire Chief
FAX: (323) 581-1385
Councilman
CITY HALL
BRUCE V. MALKENHORST
BRUCE W. OLSON
City Administrator / City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
Police Chief
FAX (323) 581-7924 TELEPHONE (323) 583-8811
FAX: (323) 583-5236
RISK MANAGEMENT/PERSONNEL
FAX # (323) 826-1431
DATE: /� C;2 /"-0)
TO: FAX #
ATTN.
FROM:
RE: ��--
Number of Pages including transmittal sheet:
v U
If copy is not legible or complete, please contact Risk Management/Personnel at (323) 583-8811, Ext. 323
V 4
I d
�MEMORANDUM
RISK MANAGEMENT/PERSONNEL DEPARTMENT
TO: Bruce V. Malkenhorst, City Administrator
FROM: Joan Francone, Risk Manager/Personnel Assistant
DATE: November 20, 2001
SUBJECT: Military Leave - Chris Delgado
In reference to the above, the following recommendations apply to Chris Delgado only.
• Pursuant to Military & Veterans Code 395.02 pay full salary for the first 30 days of
military leave.
o Require the employee to take all time on the books (vacation, comp, in lieu).
• Pay full salary when be works on days off military duty.
• Determine his monthly salary including military pay and City pay for time worked.
Pay full differential for a period of 90 days with an option to continue up to 180 days.
The previous Military Leave amendment is dated February 5, 1991, Resolution 5880 and
is attached for reference.
Month 1
Full salary as required by M&V code 395.02
Month 2
Example: Salary $3,365/mo.
$1,210.00 Say he earns this amount per month as military pay. I don't
know what he earns. Ken will need a pay stub.
$932.00 He works 96 hours in a month for the City.
$1,223.00 He uses 55 hours of his vacation (he has 100 hours on the books).
$3, 365.00
Month 3
Salary $3365/mo.
$1,210.00 Military pay
$932.00 96 hours for the City.
$873.00 Vacation 45 hours.
$3, 015.00
$350.00 City pays difference to equal $3,365.00/mo.
Month 4
$1,210.00 Military pay
$932.00 96 hours for the City.
$0 Vacation depleted.
$2,142.00 Total
$1,223.00 City to pay difference to equal salary of $3,365 '
$3,365.00
Starting Month 4, City will pay full differential for a period of 90 days with option to continue
up to 180 days.(or as long as you want).
The above is similar to our FMLA/Short term Disability (S.T.D) Policy except after using S.T.D. The
City does not contribute to income.
November 19, 2001
TO Joan Francone, Risk Manager/Personnel Assistant
FROM: Kenneth J. DeDario, Director of Utilities
SUBJECT: Military Leave
Due to the terrorist attack on September 11, 2001 Chris Delgado, Systems Coordinator II, was
called up to serve on active duty in the United States Navy on October 24, 2001 He is stationed
in San Diego on a Monday through Friday work schedule for a minimum of six months and a
maximum of three years. Mr. Delgado is willing to work, as needed, on his off days, normally
Saturdays and Sundays, and any military holidays given. Because his position is one of those on
a rotating shift as a part of our 24 hour per day, seven days per week schedule he can be a
valuable asset to us while on active duty serving on his off days, as needed.
Any consideration of full pay differential for Mr. Delgado for an extended period of time will be
greatly appreciated.
Thank you.
KJD:ah
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RESOLUTION NO. 588b
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON AMENDING SECTION 14 OF
RESOLUTION NO. 5780, WHICH FIXED THE
COMPENSATION FOR CERTAIN EMPLOYEES OF SAID
CITY AND AUTHORIZED CERTAIN EXPENSE
ALLOWANCES
WHEREAS, Resolution No. 5780 was adopted by the City
Council of the City of Vernon on June 26, 1990, to be effective
on July 1, 1990; and
WHEREAS, the City Council of the.City of Vernon wishes
to establish a formula to compensate City employees who are
members of the military reserve who were called .up by the
Federal Government for active duty in the Persian Gulf crisis so
that they would not be monetarily disadvantaged because of
serving their country during said crisis.
NOW;. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: That effective July 1, 1990, Section 14 of
Resolution No. 5780 shall be amended to add subsection (g) as
follows•
"(g) Persian Gulf Crisis. All City employees who are
members of the military reserves and were called up by the
Government for active duty in the Persian Gulf crisis shall be
compensated so that the total compensation received by the
employee from the Federal Government and the City of Vernon
shall equal the compensation they would have received while in
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the employ of the City of Vernon but for the employee's
obligation for active service
SECTION 3: That in all other respects Resolution No.
5780, as amended by Resolution Nos. 5794, 5806 and -5834 shall
remainin full force and effect, and the -provisions in
Resolution Nos. 5780, 5794, 5806 and 5834 not consistent with
or in conflict with this Resolution are hereby repealed.
SECTION 4: The City Clerk of *the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
+APPROVED AND ADOPTED this 5th day of February, 1991.
LLEONIS C. MAL URG, Ma or
ATTEST:
BRUCE V. MALKENHORST, City Clerk
' CITY COUNCIL EDUARDO OLIVO
y 1 City Attorney
Mayor.
j„ONIS C. MALBURG FAX (562) 927-8722
KEVIN WILSON
THOMAS A. YBARRA Director of Community Services & Water
Mayor Pro-Tem FAX: (323) 588-2761
WM. "BILL" DA KENNETH J. DeDARIO
Councilman Director of Municipal Utilities
H. "CARRY" FAX: (323) 583--1983
Couta tt STEVEN E. PARKER
W. MICHAEL MCCORMICK Fire Chief
Councilman FAX (323) 581-1385
CITY HALL
BRUCE V. MALKENHORST BRUCE W. OLSON
City Administrator / City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX (323) 581-7924 TELEPHONE (323) 583-8811 FAX: (323) 5"236
RISK MANAGEMENT/PERSONNEL
FAX # (323) 826-1431
DATE:
�X. FAX #
�J.
Number of Pages including, transmittal sheet:
COMMENTS:
Y sU
l�rc . ,,,.w-p
If copy is not legible or complete, please contact Risk Management/Personnel at (323) 583-8811, Ext. 323
�l
1�
MEMORANDUM
RISK MANAGEMENT/PERSONNEL DEPARTMENT
TO: Bruce V. Malkenhorst, City Administrator
FROM: Joan Francone, Risk Manager/Personnel Assistant
DATE: November 20, 2001
SUBJECT: Military Leave - Chris Delgado
In reference to the above, the following recommendations apply to Chris Delgado only.
• Pursuant to Military & Veterans Code 395.02 pay full salary for the first 30 days of
military leave.
• Require the employee to take all time on the books (vacation, comp, in lieu).
• Pay full salary when he works on days off military duty.
• Determine his monthly salary including military pay and City pay for time worked.
Pay full differential for a period of 90 days with an option to continue up to 180 days.
The previous Military Leave amendment is dated February 5, 1991, Resolution 5880 and
is attached for reference.
Month 1
Full salary as required by M&V code 395.02
Month 2
Example: Salary $3365/mo.
$1,210.00 Say he earns this amount per month as military pay. I don't
II
know what he earns. Ken will need a pay stub.
$932.00 He works 96 hours in a month for the City.
223 4Q He uses 55 hours of his vacation (he has 100 hours on the books).
$3,365.00
Month 3
Salary $3365/mo.
$1,210.00Military pay
$932.00 96 hours for the City.
$$33.00 Vacation 45 hours.
$3,015.00
$350.00 City pays difference to equal $3,365.00/mo.
Month 4
$1,210.00 Military pay
$932.00 '96 hours for the City.
-$0_ Vacation depleted.
$2,142.00 Total
$1,223.00 City to pay difference to equal salary of $3,365
$3,365.00
Starting Month 4, City will pay full differential for a period of 90 days with option to continue
up to 180 days.(or as long as you want).
The above is similar to our FMLAIShort term Disability (S.T.D) Policy except after using S.T.D. The
City does not contribute to income.
4
November 19, 2001
TO: Joan Francone, Risk Manager/Personnel Assistant
FROM: Kenneth J. DeDario, Director of Utilities
SUBJECT: Military Leave
Due to the terrorist attack on September 11, 2001 Chris Delgado, Systems Coordinator lI, was
called up to serve on active duty in the United States Navy on October 24, 2001. He is stationed
in San Diego on a Monday through Friday work schedule for a minimum of six months and a
maximum of three years. Mr. Delgado is willing to work, as needed, on his off days, normally
Saturdays and Sundays, and any military holidays given. Because his position is one of those on
a rotating shift as a part of our 24 hour per day, seven days per week schedule he can be a
valuable asset to us while on active duty serving on his off days, as needed.
Any consideration of full pay differential for Mr. Delgado for an extended period of time will be
greatly appreciated.
Thank you.
KJD:ah
Orosco, Gloria
From: Lynelle Kotrba [LKotrba@olivo-plascencia.com] l
Sent: Wednesday, December19, 2001 11:54 AM
To: Gloria Orosco (E-mail)
Cc: Judy Lehr (E-mail)
Subject. Military Leave Policy
Military Leave Policy-2.doc
I have modified the policy to reflect the minimum that is required by the law. The City is required to give 30 days to
eligible employees, not 90. Therefore, I have changed the policy to provide this as the minimum, Nevertheless, the C'
Administrator retains discretion to extend the benefits for up to 180 days.
Also, we cannot force the use of accrued leavefvacation for the first 30 days. We can if we desire to extend the benefits
beyond the minimum. that is the way the Policy reads now.
I assume this is OK with Bruce. I am not sure if it takes care of the specific employee that the Utilities Dept is concerned
about. Please let me know if you have any changes.
1
CITY OF VERNON
MILITARY LEAVE POLICY
(December 19, 2001)
I. STATEMENT OF POLICY
This Policy shall pertain to those employees who have completed their evaluation period and that
have been employed by the City at least one year prior to the time that they are called into active
military duty for the United States. The Policy shall apply retroactively to employees called into
duty, as a result of the Afghanistan crisis of September 11, 2001:
II. DEFINITIONS
A. "Evaluation Period" — means the period defined in the Salary Resolution
B. "Regular Pay" — means compensation in accordance with the formula adopted in the
current Salary Resolution which provides a monthly amount for each position and each
step in each department.
C. "Salary Resolution"— means the resolution adopted every fiscal year and any
amendments thereto fixing the compensation of certain employees.
D. "Perfect Attendance" — means the Perfect Attendance Incentive Program established by
resolution and any amendments thereto.
E. "Vacation"— means vacation policies for employees of the City of Vernon established in
the current vacation resolution and any amendments thereto.
III. WORK SCHEDULE WHILE SERVING IN MILITARY
The City of Vernon will allow employees to work, as needed, on his or her off days and any
military holidays given.
IV. COMPENSATION
A City employee who is on military leave, other than temporary military leave of absence, shall
be entitled to receive the following compensation for a period of thirty (30) calendar days, with
an option at the discretion of the City Administrator, that shall not exceed one hundred eighty
(180) calendar days:
A. For the one military leave of absence, — his or her regular pay as
compensation for the first thirty (30) calendar days of leave while engaged in the performance of
ordered milit dut in accordance with Militaryand Veteigg"k
1
B. If the employee works for the City, as needed, on his or her off days and any military
holidays given, then such employee shall be compensated on an hourly basis as set forth in the
City's Salary Resolution.
C. After the expiration of the employee's first thirty (30) days of required military leave, the
employee shall be required to take all other accrued paid time off including, but not limited to,
vacation, compensatory time, perfect attendance, and in -lieu holiday time concurrently with
military leave provided for herein;
D. The difference between the amount of his or her military pay and allowances and the
amount the employee would receive from the above subsections, if applicable, so that the total
compensation received by the employee from the Federal Government and the City shall equal
the compensation they would have received while in the employ of the City but for the
employee's obligation for active service.
2