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HomeMy WebLinkAbout08387 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