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HomeMy WebLinkAbout2008 01 28 Regular 600 Resolution 2008-02 Update City Personnel Policies Regarding Military LeaveCOMMISSION AGENDA ITEM 600 Consent Informational Public Hearin I Regular I X I January 28, 2008 MGR jL--' /DEPT. A ~!~ Regular Meeting Authorization REQUEST: This item was tabled at the January 14, 2008 Commission Meeting. Request Commission to remove item from the table. City Manager requesting City Commission consideration of Resolution no. 2008-02 to update the City's Personnel Polices regarding Military Leave. PURPOSE: This agenda item is needed to request the City Commission to consider Resolution no. 2008-02 which updates the City's Personnel Policies regarding Military Leave. CONSIDERATIONS: On January 14, 2008, the Commission considered Resolution no. 2008-02 which would update the City's Personnel Policy as it relates to Military Leave. This update reflected the City's obligation to offer continuing health benefits to employees called to active military duty, at the employee's expense. The Commission voted to table this item and directed the City Manager to bring back a policy that would reflect the Commission's intent to compensate employees, that are called to active duty, for the difference in their military pay and City pay, in cases where the military pay is less than the City pay. Florida Statutes state that employers are only required to fully compensate employees called to active duty for a period of 30 days. Florida Statutes do allow employers the discretion to pay affected employees beyond this 30 damperiod in an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The attached policy has been revised to reflect this provision. If the Commission desires to implement this policy, staff is seeking direction as to whether or not the Commission wishes to place a cap on the duration of time in which this differential will be paid. Staff has researched the policies of other Seminole County cities. Their Military Leave policies are it relates to pay are as follows: Municipality Lake Mary Oviedo Altamonte Springs Longwood Casselberry Sanford Military Pay Policy Pay 30 days plus differential Pay 30 days plus differential Pay 30 days plus differential Pay 30 days only Pay 30 days only Pay 30 days only Duration of Pay Differential Unlimited 24 months 60 months 0 months 0 months 0 months FUNDING: There have been four (4) City employees that have been called to active military duty in the last seven (7) years. pf these four, only one made less in military pay than in City pay. Since salary budgets are fully funded for each department, funds for this program are available in the respective salary budget lines of each affected department. RECOMMENDATION: The City Manager recommends that the City Commission approve Resolution no. 2008-02 to update the City's Personnel Polices and take action it deems appropriate regarding military pay differentials for leave beyond 30 days. ATTACHMENTS: 1. Resolution 2008-02, with updated Personnel Policy -Section 27: Military Leave. COMMISSION ACTION: RESOLUTION N0.2008-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 27 OF THE CITY PERSONNEL MANUAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to update section 27 of the City Personnel Manual to reflect the City's obligation to offer continuing health benefits to employees called to active military duty, at the employee's expense. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Amending Section 27 of the City Personnel Manual. The existing section 27 of the City Personnel Manual is hereby deleted in its entirety and substituted with a new section 27 as provided in Exhibit `A,' which is attached hereto and fully incorporated herein by reference. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. [ADOPTION PAGE FOLLOWS] City of Winter Springs Resolution No. 2008-02 Page 1 of 2 DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this day of January 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2008-02 Page 2 of 2 EXHIBIT Section 27 SUBJECT: MILITARY LEAVE 27.1 Policy The City proudly supports its employees who serve in the National Guard or the reserve component of the Armed Forces of the United States. 27.2 National Guard and Reserve Training Any employee who is a member of the National Guard or any reserve component of the Armed Forces of the United States who is ordered by appropriate authorities to attend a prescribed training program shall be granted leave and shall be paid in accordance with Section 115.07, Florida Statutes. Leave with pay shall not be granted to an employee who voluntarily extends his or her training time or who is required to serve additional training time due to excessive absences from prior training periods. 27.3 Active Duty for Reservists or National Guard Members Reservists or National Guard members called for active duty will be granted leave in accordance with section 115.14, Florida Statutes, and will be reinstated in accordance with the requirements of the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). In accordance with section 115.14, Florida Statutes, the first 30 days of active duty service will be with pay. Following the first 30 days of active duty service, the City will supplement the military pay of its officials and employees for a period not to exceed months, in the amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military duty. For information concerning continuation of health benefits, please contact the Human Resources Coordinator. 27.4 Procedure Employees who request military leave under this policy must present their department head and the General Services Director with a copy of the appropriate military orders as soon as possible, but in no event less than two weeks prior to the date of their scheduled departure. Employees notified of active duty status on an emergency basis must provide as much notice as possible and a copy of the appropriate military orders to their department head and the General Service Director. RESOLUTION NO. 2008-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 27 OF THE CITY PERSONNEL MANUAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to update section 27 of the City Personnel Manual to reflect the City's obligation to offer continuing health benefits to employees called to active military duty, at the employee's expense. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Amending Section 27 of the City Personnel Manual. The existing section 27 of the City P~rsonnel Manual is hereby deleted in its entirety and substituted with a new section 27 as provided in Exhibit 'A,' which is attached hereto and fully incorporated herein by reference. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. [ADOPTION PAGE FOLLOWS] City of Winter Springs Resolution No. 2008-02 Page 1 of 2 DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 28th day of January 2008. ~;#~ \ ATT I Approved as to legal form and sufficiency for ~gsOnlY: ~ ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2008-02 Page 2 of 2 EXHIBIT Section 27 ", .. i~ SUBJECT: MILITARY LEAVE 27.1 Policy The City proudly supports its employees who serve in the National Guard or the reserve component of the Armed Forces of the United States. 27.2 National Guard and Reserve Training Any employee who is a member of the National Guard or any reserve component of the Armed Forces of the United States who is ordered by appropriate authOlities to attend a prescribed training program shall be granted leave and shall be paid in accordance with Section 115.07, Florida Statutes. Leave with pay shall not be granted to an employee who voluntarily extends his or her training time or who is required to serve additional training time due to excessive absences from prior training periods. 27.3 Active Duty for Reservists or National Guard Members Reservists or National Guard members called for active duty will be granted leave in accordance with section 115.14, Florida Statutes, and will be reinstated in accordance with the requirements of the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). In accordance with section 115.14, Florida Statutes, the first 30 days of active duty service will be with pay. Following the first 30 days of active duty service, the City will supplement the military pay of its officials and employees for a period not to exceed twenty-four (24) months, in the amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military duty. For information concerning continuation of health benefits, please contact the Human Resources Coordinator. 27.4 Procedure Employees who request military leave under this policy must present their department head and the General Services Director with a copy of the appropriate military orders as soon as possible, but in no event less than two weeks prior to the date of their scheduled departure. Employees notified of active duty status on an emergency basis must provide as much notice as possible and a copy of the appropriate military orders to their department head and the General Service Director.