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Resolution No. 79591 2 3 4 5 6 7 8 91, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7959 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE MILITARY LEAVE POLICY AND RATIFYING THE AUTHORIZATION TO EXTEND WHEREAS, on December 19, 2001, the City Council of the City of Vernon adopted Resolution No. 7883 approving a Military Leave Policy ("Policy"); and WHEREAS, the Policy applied retroactively to qualifying employees called into duty as a result of the Afghanistan crisis of September 11, 2001; and WHEREAS, Section IV of the Policy provides an option for benefits of up to six months at the discretion of the City JAdministrator; and WHEREAS, on April 23, 2002, in order to ensure that those employees still on active military duty would not be monetarily disadvantaged because of serving their country, Bruce V. Malkenhorst, City Administrator/City Clerk, approved extending the benefits effective April 24, 2002, to up to one year, subject to ratification by the City Council; and WHEREAS, by letter dated April 30, 2002, Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that the benefits currently provided in the Policy be increased from six months to up to one year due to the uncertainty of the terrorist situation and employees still being on active duty; and WHEREAS, the City Council desires to approve and ratify the extension of benefits from six months to up to one year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 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 approves and ratifies the extension of benefits effective April 24, 2002, of up to one year. SECTION 3: The City Council of the City of Vernon hereby adopts the amended Military Leave Policy, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 4: This Resolution shall take effect on April 24, 2002, and shall remain in full force and effect unless repealed by action of the City Council of the City of Vernon, and all resolutions or minute orders in conflict with this resolution are hereby repealed.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 5: 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 8th day of May, 2002. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. BURG, ayor - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 7959, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, May 8, 2002,,and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 3 - EXHIBIT VA& CITY OF VERNON MILITARY LEAVE POLICY (Amended May 8, 2002) 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. "Re ular Pav" - 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 three hundred sixty-five (365) 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 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. N SUPPORTING DOCUMENTS OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK INTER -OFFICE MEMORANDUM DATE: May 15, 2002 TO: Kevin Wilson, Director of Community Services & Water Department Lewis Pozzebon, Director of Environmental Health Kenneth DeDario, Director of Utilities Bruce Olson, Chief of Police Steve Parker, Chief of Fire Department FROM: Nelly Giron, Assistant Chief Deputy City Clerk RE: Resolution No. 7959 Transmitted herewith is a copy -of Resolution No. 7959 amending the Military Leave Policy, approved on May 8, 2002. NG/mt CC: Martha Valenzuela, Finance Office Manager Joan Francone, Risk Manager/Personnel Assistant Sharon Johnson, Budget Auditor/Deputy City Treasurer CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern 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: ,10 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 1April 30, 2002 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 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 On December 19, 2001, this legislative body adopted Resolution No. 7883 to provide Military Leave benefits of up to six months to those employees who were being called for active duty. Due to the uncertainty of the Afghanistan terrorist situation and employees still being on active duty, it is hereby recommended that the benefits currently provided in the Military Leave Policy be increased from six months up to one year. Very truly yours, Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm & MEMORANDUM RISk MANAGEMENT/PERSONNEL DEPARTMENT TO: Eduardo Olivo, City Attorney FROM: Joan Francone, Risk Manager/Personnel Assistant DATE: April 23, 2002 SUBJECT: Military Leave Policy Resolution No, 7083 The City Administrator, at his discretion, has extended the military leave benefits to a period of one year. Please draft a resolution for Council approval at its meeting of May 8, 2002. Thank you, JF/mt Cc: Bruce V. Malkenhorst, City Administrator Ken DeDario, Director of Utilities On DScember 19,iOO1, `this legislative body adopted Resolution No. 7883 to provide Military Leave benefits of up to six months to those employees who were being called for active duty. Due to the uncertainty of the Afghanistan terrorist situation and employees still being on active duty, it is hereby recommended that the benefits currently provided in the Military Leave Policy be increased from six months up to one year.