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Background Paper for Proposed
ORDINANCE
DATE: AUGUST 22, 2011 AGENDA ITEM # R-4
DEPARTMENTS: HUMAN RESOURCES
DIRECTOR – MARISA WALKER
LAW DEPARTMENT
CITY ATTORNEY – THOMAS J. FLORCZAK
TITLE
AN ORDINANCE AMENDING SECTION 6-6-3 OF CHAPTER 6 OF TITLE VI OF THE
PUEBLO MUNICIPAL CODE RELATING TO MILITARY LEAVE AND CLARIFYING
AND MAKING SAME CONSISTENT WITH STATE AND FEDERAL LAW
ISSUE
Should City Council amend Pueblo Municipal Code as it relates to military leave?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
The current provisions of Section 6-6-3, P.M.C., have not been amended since 1975.
The proposed Ordinance will make the Code consistent with current provisions of the
statues of the State of Colorado relating to military leave and provisions of the Federal
Uniformed Services Employment and Reemployment Rights Act of 1994 with respect to
leaves of absence.
This Ordinance will not conflict with the military leave benefits afforded through any of
the collective bargaining agreements.
FINANCIAL IMPACT
None.
ORDINANCE NO. 8387
AN ORDINANCE AMENDING SECTION 6-6-3 OF
CHAPTER 6 OF TITLE VI OF THE PUEBLO MUNICIPAL
CODE RELATING TO MILITARY LEAVE AND
CLARIFYING AND MAKING SAME CONSISTENT WITH
STATE AND FEDERAL LAW
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets
indicate matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 6-6-3 of Chapter 6, Title VI, Pueblo Municipal Code, as amended, is
hereby amended to read:
Sec. 6-6-3. Military leave.
[
(a) With Pay. Any permanent employee who presents official orders requiring
his or her attendance for a period of training or active duty as a member of the
United Stated Armed Forces shall be entitled to military leave for a period or
periods not to exceed a total of fifteen (15) calendar days in any one (1) year,
and he or she shall be entitled to full pay from the City for such period. Military
leave shall be in addition to, and may not be concurrent with, authorized vacation
leave.
(b) Military Leave Bonus. A bonus in an amount equivalent to his or her
ordinary pay for fifteen (15) calendar days shall be granted to any permanent
employee who presents official orders for extended active service with the Armed
Forces; provided that no such bonus shall be granted to those employees who
]
volunteer for active service in peacetime.
(a) Paid Leave. An employee who is a member of the National Guard or
any other component of the military forces of the state organized or
constituted under state or federal law or who is a member of the reserve
forces of the United States, organized or constituted under federal law is
entitled to leave of absence to the extent provided and permitted by
Section 28-3-601, C.R.S., as amended, for all the time when he or she is
engaged with such organization or component in training or active service
ordered or authorized by proper authority pursuant to law, whether for
state or federal purposes, but not exceeding fifteen (15) days in a calendar
year. Such leave shall be allowed if the required military service is
satisfactorily performed, which shall be presumed unless the contrary is
established.
(b) Leave of Absence. Employees eligible under the Uniformed Services
Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301, et
seq. ("USERRA"), as amended, shall be granted leaves of absence for
military service as defined by USERRA.
SECTION 2.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED August 22, 2011
BY:
Vera Ortegon
COUNCILPERSON
PASSED AND APPROVED: September 12, 2011