REPORT TO COUNCIL
SUBJECT
Title
Approve a Resolution with Revisions to the Personnel & Salary Resolution to Update Sections related to Sick Leave and Military Leave to Reflect and Clarify Current City Practices.
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency.
BACKGROUND
The City’s Personnel & Salary Resolution contains various sections outlining multiple items, including, but not limited to Miliary Leave and Sick Leave.
Section 22 of the Personnel & Salary Resolution, entitled “Sick Leave,” contains a prohibition on public safety employees from using sick leave for an industrial injury or illness, which is inconsistent with State law.
Section 24 of the Personnel & Salary Resolution, entitled “Military Leave,” does not reflect the City’s practice regarding military leave. Currently, the Personnel & Salary Resolution only provides for thirty (30) calendar days of military leave without specifying what occurs for anything over that time period. In addition, military leave beyond 30 days is limited to the “War on Terror.” Specifically, on or about October 9, 2001, the City Council adopted a Salary and Benefits Continuation Program for Military Reservists, or Military Leave, who were called to duty as a result of the terrorist attacks on September 11, 2001. This was later modified on or about 2003 to extend the program to those employees who were called to duty as a result of the War with Iraq. Accordingly, military leave should be updated to reflect the City’s practice regarding military leave and to clarify when an employee would be eligible.
DISCUSSION
The recommended action updates the City’s Personnel & Salary Resolution to revise the sections on Military Leave and Sick Leave to reflect and clarify the City’s current practices.
Under Section 22.h of the Personnel & Salary Resolution, entitled “Sick Leave,” there is currently a prohibition on public safety employees from using sick leave for injury and illness, which is not consistent with State law. The revisions to Section 22 of the Personnel & Salary Resolution includes, but is not limited to, the removal of this prohibition.
Section 24 of the Personnel & Salary Resolution, entitled “Military Leave,” would codify and clarify the City’s practices regarding military leave, and remove the restriction on the “War on Terror” by clarifying that military leave is limited to active-duty training and deployments. These revisions include, but are not limited to:
§ Clarifying that the thirty (30) calendar days of full pay for military leave is for active-duty training and deployments and is per fiscal year;
§ Codifying the extended military leave policy, which includes details as to how the City will more accurately compensate employees while on extended military leave to either give the employee more pay during the leave or to avoid overpayment (depending on how much the employee earns from the military);
§ Clarifying that housing and sustenance allowances received by the employee from the military are excluded when calculating the military pay to be provided by the City;
§ Expanding the benefit to any long-term active-duty deployment (as stated above, previously military leave was limited for the “War on Terror”); and
§ Allowing the City Manager or their designee to authorize an extension of extended military leave beyond twenty-six (26) pay periods (currently only the City Council can authorize an extension).
The revisions to these sections of the Personnel & Salary Resolution will better reflect and clarify the City’s practices.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There should be no or minimal fiscal impact with the revisions to the Personnel & Salary Resolution. The revisions to Section 22, entitled “Sick Leave,” are to remove language where enforcement would run counter to State law, and the updates to Section 24, entitled “Military Leave,” are meant to reflect and clarify the City’s existing practice.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov, or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Approve a Resolution in the form presented with revisions to the Personnel & Salary Resolution to update and revise the sections related to Sick Leave and Military Leave to reflect and clarify current City practices.
Staff
Reviewed by: Aracely Azevedo, Director of Human Resources
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Revised Personnel & Salary Resolution