RESOLUTION NO. 2021- 021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA PROVIDING FOR CONTINUATION OF
PARTIALLY PAID TEMPORARY MILITARY LEAVE OF
ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE
DUTY WITH THE ARMED FORCES AND CONTINUATION OF
BENEFITS FOR EMPLOYEE AND THEIR ELIGIBLE
DEPENDENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1: The City Councilof the City of SantaAna herebyfinds, determines and declares as follows:
A. On October 1, 2001, the City Council of the City of Santa Ana adopted ResolutionNo. 2001-065 which providedfor an additionalpartially -paid temporary military leave of absence for each full-time officer or employee of the City, with at least one year of City employment, who had been called to active military service with the Armed Forces of the United States in connection with the then ongoing military crisis. That Resolution was extended yearly since its initial adoption in 2001 until June 30, 2017.
B. The payand benefitsauthorizedby ResolutionNo. 2001-065 inadvertently expired on June 30, 2017. However, on August 21, 2018, Resolution No. 2018-064 provided continuation of those benefits authorized in 2001-065 through March 31, 2019, and extended on March 5, 2019, Resolution No. 2019-016 through June 30, 2020 and on April 21, 2020, Resolution 2020-030 through June 30, 2021.
C. It is the intentionof the CityCouncilto continueto helpCityemployeesand theirfamilieswithfinancialhardshipsresultingfrombeingcalledto activeduty formorethanthirty (30) continuousdaysinconnectionwithcontinuingmilitary commitments and to affirm payments of those benefits to affected employees from July 1, 2021throughJune30, 2022, unlessextendedbyfurtheractionof the City Council.
D. Section 9-144 of the Santa Ana Municipal Code ("SAMC") grants members of the reserveforcesof the UnitedStates, or the NationalGuard, temporary leavewithpaynotto exceedthirty (30) calendardaysin eachcalendaryear after one year of service with the City, upon proof of orders to and from such temporary active duty, also required by the California Military and Veteran's Code section 395. 02.
Resolution No. 2021- 021
E. However, the normaltour of duty to whicha reservistmaybe orderedto serve, without congressional action, is normally six (6) consecutive months.
F. Several City employees are currently reservists on active military service.
Section2: PartialPay, BenefitAllowancesandGroupBenefitCoveragefor City Officers and Employees on Long -Term Active Military Service.
A. In additionto the fully paidmilitaryleaveprovidedby Section9-144of the SAMC, each full-time officer or employee of the City, with at least one (1) year ofservicewiththeCity, whoiscalledto activemilitaryservicewiththeArmed Forces of the United States in connection with continuing military commitmentsshallbeentitledto militaryleavewithpartialpayfor the period of his or her absence from City employmentwhile on military service in excessof theperiodcoveredby Section9-144, uponpresentingsatisfactory proofoforderstoandfromsuchtemporaryactiveduties.
B. Theamountof paythateachemployeeshallbeentitledto receivefromthe City for the employee's additionalperiodof militaryleave shall be the differencebetweenthemilitarygrosspayandallowancesactuallyreceivedby the officer or employee from the United States for such service and the regularbasepay, plusregularpayadditivesthatsaidemployeewouldhave receivedfromthe Cityof SantaAna if heor shewouldnothavebeencalled to active military duty, subject to all regularlyrequiredand voluntary deductions and withholdings.
C. For each full-time officer or employee of the City who has already been or will becalledto activemilitaryservicewiththeArmedForcesoftheUnitedStates in connectionwith continuingmilitarycommitments, the Cityshallalsoprovide continued health and dental benefits to the employee and the employee's eligible dependents or, for the employee's represented by the Santa Ana PoliceOfficer's Association ("SAPOA"), the Citywill contributeto the SAPOA that portionof the City's currentcontributionto the SAPOAdesignated specificallytowardspaymentof premiumsfor, health, dentalandlong-term disabilityinsuranceplansadministeredbytheAssociationforthebenefitof theemployeesrepresentedbytheAssociation, as describedin Section12.0 of the current SAPOA Memorandum of Understanding.
Section 4: the City shall not pay any wageor benefitprovidedfor in this Resolutionuntil and unlessthe officeror employeewho requestssuch payment providessatisfactoryproofsuchasa copyofmilitaryordersanddocumentation ofeligibilityto receivepaymentinaccordancewithproceduresestablishedbythe City Manager or his or her designee.
Resolution No. 2021- 021
Section 5: This Resolution, and the pay and benefits authorized herein, shall terminate and be of no further force or effect on midnight, June 30, 2022, unless extendedbyfurtheractionof the CityCouncilor otherwiserequiredby law.
ADOPTED this 4thday of May. 2021.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: Xau319- A. Rea c
Laura A. Rossini
Chief Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers:
Councilmembers:
Councilmembers:
VicentHSarmiento
Mayor
Bacerra, Hernandez, Lopez Mendoza Phan
Penaloza. Sarmiento ( 7)
None ( 0)
None ( 0)
None ( 0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISYGOMEZ, Clerkof the Council, do herebyattestto andcertifythe attached ResolutionNo. 2021-021to betheoriginalresolutionadoptedbytheCityCouncilofthe City of Santa Ana on May 4, 2021.
Date: i& I L
Daisy Gom z
Clerk of the Council
City of Santa Ana
Resolution No. 2021- 021