Jurisdiction - League of California Cities by xiaopangnv


									               Jurisdiction                        Person Responding                                                             Response
Dave’s Question to the Employee Relations List Serve:
After the events of September 11, 2001, the City of Berkeley began experiencing a call up of our employees to active Military Duty in response to this catastrophic event. As time has
moved forward, the nation as embarked on other military missions which have resulted in the deployment of troops overseas for an extended period.

After September 11, 2001, the City of Berkeley conducted a survey of other jurisdictions to determine if they were offering additional Military Leave supplementary benefits above those
required by the California Military and Veteran's Code and the Federal Uniformed Services Employment and Reemployment Rights Act of 1994. As a result of the information we
received and because of the need to help our employees deal with the financial hardship of a long active duty deployment, the Berkeley City Council approved a Supplemental Military
Leave Compensation Policy that has been modified and extended several times. Basically, the policy provides that if you have been a career employee for at least one year the City will
supplement your military pay and allowances for one year up to pre-military leave net pay. We also provide some assistance for employees who have been in the career service for less
than one year. I am attaching the most recent Council agenda item on Supplemental Military Leave Compensation for your information.

Anyway...............the reason I am sending this e-mail to the list serve is to find out if anyone has encountered the following scenario and how your organization has handled it. The facts
are these:
We have an employee who was called up to active military service on February 1, 2003 for one year and went to Iraq. The employee returned after the one-year deployment on February
1, 2004. The City of Berkeley provided the Supplemental Military Leave Compensation as described above and set forth in my attachment. The same employee received orders to report
for active duty on or about June 2, 2004 for another one-year deployment to Iraq. Right now, we are taking the position that the employee is not entitled to any additional Supplemental
Military Leave Compensation and is only entitled to the 30 day per fiscal year compensation as set forth in the California
Military and Veteran's Code. The employee in question is displeased.

So.......please let me know if your organization has updated your supplemental military leave policy and if you have encountered this type of fact pattern and how you have dealt with it.

Sorry to be so long but I needed to provide some background for the question. I will post the results of the survey to the List Serve

Modesto                                        Janice Stewart                  Modesto has encountered this with at least three employees. After our original Council policy adopting
                                               Asst Personnel Director         additional pay and benefits for one year, we extended it to 24 months.
                                               (209) 577-5466
         Jurisdiction      Person Responding                                                        Response
Walnut Creek            Wendy McKeever Lack       Yes, we have encountered serial one-year call-ups of our people, in one case following a six month
                        Human Resources Manager   return to City duty (i.e., gone on active military duty a year, back to work for six months, now gone on
                        City of Walnut Creek      another year's active military duty leave). We have approved additional leave, as it is a new deployment
                        P.O. Box 8039             to active duty rather than an extension of the first.
                        1666 N. Main Street
                        Walnut Creek, CA 94596    We treat our unpaid military leaves of absence consistent with our LOA policy, which limits such leaves
                        Phone: 925-943-5814       to one continuous year. (We deal with the military differential stipend we provide as a "benefit
                        FAX:     925-256-3595     payment", not salary, as it is paid during unpaid LOA status, in a similar manner to an LTD benefit

                                                  In the event we encounter a military leave of absence that is extended to exceed one continuous year, my
                                                  sense is that we would very likely modify our policy for military cases. To do otherwise would be
                                                  political death and I just don't think our City would, ultimately, take such a position (policy is
                                                  "theoretical" until it actually has a name and a face attached to it -- including spouses and children of
                                                  military personnel -- as we all well know).

                                                  For now, we have approved leave and extended stipend payments to those who are repeatedly deployed.
                                                  After dedicating a $1.2 million Veteran's Memorial earlier this year, what else would you expect this
                                                  City Council do?

                                                  We very much have family atmosphere in our PD, and regularly keep in touch with our staff on military
                                                  leave and their families. This organizational culture influences our generous policies in situations such
                                                  as these.

                                                  This war has been a hardship for our Police Department, but they have accommodated it. Really
                                                  valuable personnel have been deployed -- Officers and Sergeants -- but the City has been fully
                                                  supportive of the staff and their families and the department limps along. Goodwill with the staff trumps
                                                  dollars, in our view. I'm not at all surprised your employee is "displeased" -- and would be surprised if
                                                  this didn't bubble up into something really ugly for your agency.

                                                  I'm curious to know the results of your little survey.....

                                                  A copy of our stipend policy is attached....I don't think it references the "one year" continuous LOA
                                                  limit...our Personnel Rules define unpaid leaves of absence.
        Jurisdiction      Person Responding                                                       Response
Chino                  Debbie Bell                The City of Chino adopted a supplemental wage and benefit package in light of the events of September
                       Personnel/Loss   Control   11th. To date, two City employees have reported to duty. One returned to work after six months. The
                       Manager                    other spent one year at Camp Pendleton, and about three weeks before the end of his one year duty
                       City of Chino              period, he received an order to remain on active duty for one additional year and serve in Iraq. Based on
                       909-464-8370               our policy, the City Council has discretion over wage continuation beyond the one year period. In this
                                                  case, the Council voted to approve one additional year of supplemental pay. Our policy is as follows:

                                                          Supplemental Wage and Benefit Plan. Regular full-time employees summoned to active duty
                                                          by the President of the United States in time of war, armed conflict, United Nations’ Resolution,
                                                          or imminent danger, will be eligible to receive wage continuation beyond the first thirty (30)
                                                          calendar days in a fiscal year. An employee who has received wage continuation for the first
                                                          thirty (30) calendar days in a fiscal year shall be eligible to receive the difference between
                                                          his/her military pay (military pay which includes wages, salary, specialty assignment, housing
                                                          subsidy or any other form of compensation) and his/her base salary with the City to insure wage
                                                          continuation for the period of military reservist service up to 365 calendar days. Said payment
                                                          shall not extend beyond 365 calendar days unless expressly approved by City Council. The City
                                                          shall also continue to contribute towards medical, dental, and vision benefits for the employee
                                                          and his/her dependents (providing the employee and his/her dependents were covered under the
                                                          City’s medical, dental, and vision plan prior to the employee being called to active duty) an
                                                          amount equal to that contained in the employee’s Memorandum of Understanding or by
                                                          resolution in effect for the period of military reservist service up to 365 calendar days. The
                                                          medical, dental, and vision plan(s) provided to the employee and his/her dependents by the
                                                          military shall be the primary payer of all incurred medical, dental and vision costs.

                                                  For purposes of this section, base salary shall exclude acting duty, additional duty, overtime, uniform
                                                  maintenance, uniform cleaning, uniform clothing allowance, and tool allowance. It shall include
                                                  additional pay the employee was earning at the time of call to duty, such as: bilingual, motorcycle,
                                                  educational incentive, P.O.S.T. certificate and tool allowance.
              Jurisdiction      Person Responding                                                          Response
Tustin                       Arlene Marks Gibbs, SPHR     We have a very similar situation and our resolution providing supplemental benefits (not salary, just
                             Director of Human            insurance benefits) for those called to active duty sunset on June 30. We have only one employee that it
                             Resources                    affects and that employee is also not happy. However, our council was clear that the employee not
                             City of Tustin               benefit in a manner greater than when working and the one employee that is affected earns a greater
                             300 Centennial Way           salary while on active duty than when working. So...there is no compelling reason for our City to extend
                             Tustin, CA 92780             the provisions of the resolution and will now just follow the State and Federal requirements. Let me
                             714 573-3040 Voice           know if you need more information.
                             714 669-4359 Fax

Placerville                  Susan C. Zito, CMC           The City of Placerville also instituted a Supplemental Military Leave Compensation Policy when one of
                             City Clerk/Human             our employees was called to active duty as an Air Force Reserve Operations Specialist. After his first
                             Resource Officer             tour of duty in Iraq, that lasted for a year, he was just re-called to active duty early last month and
                             City of Placerville, CA      because he is in special security in hostage negotiations, we're not even sure where he currently is. On
                             szito@ci.placerville.ca.us   this second call-up, he was sent to Germany, the base of operations for hostage negotiations in Iraq, but
                                                          then we've heard he may be deployed to Greece for the Olympics. So although the original call up was
                                                          for the war in Iraq, the military is being called upon more and more to serve as "world security" in other
                                                          arenas. In answer to your question, we continue to supplement his pay on this second call-up, just as we
                                                          did during his first tour of duty. Because of our support during his first call-up, the Air Force Reserve
                                                          Association awarded the City a commendation, and as a valued employee, we want to support him and
                                                          his family, regardless of how many times he is called up. As a small city of 80 employees, this
                                                          individual is a Police Commander, and his absence puts a huge strain on the department, but everyone is
                                                          willing to help out. After his first tour of duty that lasted a year, this individual would rather be home in
                                                          Placerville with his wife and children, then serving repeated missions overseas. But must go when
                                                          called. Those cities, such as Berkeley and Placerville, that instituted these policies with the thought that
                                                          it would be only for a war in Iraq, that was thought to be brief, find that it has turned into a much larger
                                                          issue. We will continue, as long as we are financially able, to support our employees while they are
                                                          being called to serve in multiple tours of duty. Good luck with your survey.
          Jurisdiction      Person Responding                                                         Response
Monterey Park            Bob Blackwood             We also adopted a policy that supplements the employee's military pay for up to one year. At the time
                         City of Monterey Park     the City Council approved that policy, they made it clear that they would modify the policy should an
                                                   employee be required to serve longer than a year. While we have not encountered such a situation yet,
                                                   there is a possibility that we will in the near future. If we do, I will be requesting that the Council amend
                                                   the policy and provide for an additional year. That leaves the question for us, what would we do if an
                                                   employee is called up for a third year. I'm not sure.

Santa Maria              Alicia Lara               Our benefit beyond what is required by the California Military and Veteran's Code and the Federal
                         Human Resources Manager   Uniformed Services Employment and Reemployment Rights Act of 1994, was to 180 days. We
                         City of Santa Maria       extended it three separate times after Sept 11th. The last time was in February 2003, and it expired
                         110 E. Cook St., Rm. 1    August 2003.
                         Santa Maria, Ca 93454
                         ph: 805.925.0951 ext.
                         fax: 805.349.0657

Gilroy                   LeeAnn McPhillips         Hi David - we have a similar program here in Gilroy where we have supplemented the military pay. We
                         Human Resources           have one Police Officer out for an extended period of time and his orders were renewed after a short
                         Director/Risk Manager     time back in Gilroy. We continued to pay him the supplemental pay beyond a one year time frame as
                         City of Gilroy            our Council extended the program for a second year. He is our only employee that qualified for this
                         7351 Rosanna Street       program.
                         Gilroy, CA 95020
                         (408) 846-0228            Let me know if any questions.
                         (408)846-0200 (fax)
            Jurisdiction      Person Responding                                                            Response
Milpitas                   Cherie Rosenquist             Dear David,
                           City of Milpitas              Our City Council allows up to 18 months leave with similar benefits with the proviso that if any
                                                         employee exceeds that time, we are to bring it back to Council for consideration. It is the Council's
                                                         intent to be patriotic. I would advise taking it back to them for review.

Fairfield                  Sandy Hess                    Hi David,
                           Human Resources Analyst
                           City of Fairfield             I was forwarded your question regarding supplemental pay for employees recalled to active military
                           1000 Webster St.              duty. Like Berkeley, the City of Fairfield adopted a 12-month supplemental pay and benefits military
                           Fairfield, CA 94533           leave policy shortly after Sept. 11, 2001. We have had many reservists recalled since that time,
                           (707) 428-7383                including one who did surpass the 12-month period earlier this year.

                                                         At the time it was apparent he would pass the 12-month period, the City adopted an extension (attached)
                                                         to the original resolution that extends supplemental pay and benefits for a total of 24 months. While this
                                                         employee was on one long continuous recall, the intent of the resolution is to provide a total of 24
                                                         months, per reservist employee, whether it is used all at once or in increments. There is also language
                                                         within the resolution that allows for it to be reviewed again after 12 months to determine if there is a
                                                         need for further extension. This does only apply to reservist employees recalled to active duty in
                                                         response to the events of Sept. 11, 2001.

                                                         I hope this helps- feel free to contact me if you have any other questions.

Sacramento                 Dee Contreras                 The City of Sacramento has had similar experiences and we have expanded the supplemental pay to
                           Director of Labor Relations   cover additional call-ups and for more than 1 year. We renew it annually so have kept it current....Dee
                           City of Sacramento
                           (916) 808-5424
                           (916) 808-8110 fax
                           e-mail dcontreras
              Jurisdiction      Person Responding                                                        Response
Simi Valley                  Maggie Williams-Dalgart      David,
                             City of Simi Valley
                             Human Resources              The City of Simi Valley has been scrutinizing its Military Leave policy for the last three years also. We
                             (805) 583-6887               have had an employee who has returned from leave and been re-deployed. He has since returned again,
                                                          but we're now being told he's being re-deployed again.

                                                          However, we don't really have a struggle with the issue of whether the employee receives continued
                                                          benefits or salary on the re-deployments. The City of Simi Valley has an incredibly generous benefit
                                                          that indicates we'll continue the supplemental compensation for the duration of their military leave,
                                                          which it seems can almost be indefinite. We've been directed to continue supplemental compensation
                                                          while he is out on military leave.

                                                          Not sure any of this information is helpful given our generous policy, but we have had to really examine
                                                          every aspect of the policy lately.
                                                          Good luck.

Pasadena                     Karyn Ezell               Hi. We haven't had exactly the same situation, however, on the recommendation of our police chief,
                             Director     of     Human who is also a coast guard reservist, our Council approved supplemental pay for up to a maximum of 2
                             Resources                 years. Since this was consistent with the executive order regarding the activation of reservists, Council
                             City of Pasadena          went for it. We have about 12 people who are reservists; I think 4 have been called up so far (including
                                                       our police chief), but none for longer than a year so far.

Hayward                      Joanne Baldinelli            The City of Hayward has adopted a resolution with states that the City will supplement the employees
                             City of Hayward              pay while on military leave for “ a period of up to two years for each activation”. So far we have had
                             (510) 583-4536               two employees who have been called up twice, each time for one year. In both cases, the City continued
                                                          to supplement their military pay during the entire time they were on active military duty.
          Jurisdiction      Person Responding                                                  Response
Fremont                  Sylvia Delaney         Hi Dave,
                         City of Fremont
                                                We had a similar situation. Our policy at this time is to allow six months of supplemental pay and
                                                benefits with an extension of up to another six months with City Manager approval. After that, the
                                                employee starts to burn leave or is granted a leave without pay. We do factor in the 30 days required by
                                                State law every 30 days in the fiscal year while they are gone.

                                                Our Resolution is written very broadly and would allow the City Manager to more if she/he deems
                                                necessary, but the above is the what we have done to date.

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