Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE VI (LEAVES, HOLIDAYS
AND ABSENCES) OF CHAPTER 9 (CIVIL SERVICE) OF
THE SANTA ANA MUNICIPAL CODE TO EXPAND PAID
LEAVE FOR EMPLOYEES CALLED TO ACTIVE DUTY
WITH RESERVE FORCES OF THE UNITED STATES OR
THE NATIONAL GUARD
WHEREAS, the City of Santa Ana employs reserve members of the United States Armed Forces or National Guard;
WHEREAS, such employees must take leave pursuant to military orders from time to time;
WHEREAS, the Santa Ana Municipal Code grants such employees up to 30 days of paid leave each year with proof of military orders;
WHEREAS, the City desires to assist such employees to avoid undue financial hardship during extended leaves pursuant to military orders; and WHEREAS, from 2001 to 2022, the City periodically adopted resolutions 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, the latest example being Resolution No. 2021-021 which expired June 30, 2022.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 9-144 in Division 1 of Article VI of Chapter 9 of the Santa Ana Municipal Code be amended to read as follows (additions underlined, deletions in strikethrough):
Sec. 9-144. – Same – Temporary.
(a) Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, will be granted leave with pay for not to exceed thirty (30) calendar days in each calendar year after one (1) year’s service with the city, upon presenting satisfactory proof of orders to and from such temporary active duties. (b) For temporary military leave exceeding thirty (30) calendar days in each calendar year the employee shall be entitled to receive from the City the following:
Ordinance No. NS-XXXX
(1) The difference between the military gross pay and allowances actually received by the employee from the United States for such service and the regular base pay, plus regular pay additives that said employee would have received from the City of Santa Ana if he or she would not have been called to active military duty, subject to all regularly required and voluntary deductions and withholdings; and
(2) Continued health and dental benefits for the employee and the employee’s eligible dependents as outlined in the applicable Memorandum of Understanding or employment benefit resolution.
(c) For the pay and benefits set forth in subsection (b) above, the following conditions apply:
(1) The employee must present satisfactory proof of orders to and from such temporary active duties;
(2) The military orders must be involuntary, and not voluntary; (3) The additional pay and benefits must not exceed six (6) months in each calendar year; and
(4) The City Manager may cease payment of the additional pay and benefits if the City Manager determines there is a forecasted budget deficit for the applicable fiscal year.
Section 2. If any section, subsection, sentence, clause or phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional.
Section 3. This ordinance shall become effective thirty (30) days after its adoption.
Section 4. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
ADOPTED this day of , 2026.
__________________________
Valerie Amezcua
Mayor
Ordinance No. NS-XXXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2026.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana