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
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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.