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Resolution No. o~-is5
RESOLUTION OF THE COUNTY OF BUTTE
AUTHORIZING PAID LEAVE OF ABSENCE FOR
REGULAR COUNTY EMPLOYEES ORDERED TO MILITARY DUTY
AS A RESULT OF THE WAR ON TERRORISM
WHEREAS, public employees ordered to military duty are entitled, pursuant to Military
and Veterans' Code Section 395.01 to their regular salaries during the first 30 calendar days
following their departure from military duty; and
WHEREAS, certain regular Butte County employees ordered to military duty as a result
of the War on Terrorism have been ordered to serve a period of excess of 30 calendar days;
and
WHEREAS, pursuant to Butte County Personnel Rules, Section 12.4 (h) the Board of
Supervisors may grant a paid leave of absence of up to one (1) year in extraordinary
circumstances; and
WHEREAS, Resolution Number 02-169 adopted by the Board of Supervisors
September 24, 2002 extended paid leave for a period of one year for time served in the military
directly related to the War on Terror; and
WHEREAS, on December 5, 2002, the Governor of the State of California signed
Executive order D-65-02, implementing an amendment to Government Code Section 19775.18
authorizing the Governor, by executive order, to extend supplemental pay and benefits up to an
additional 365 calendar days to Sate civil service employees who are called to active duty for
the War on Terrorism; and
WHEREAS, military service due to the War on Terrorism is an extraordinary
circumstance which serves the public purpose;
Military Leave -War on Terrorism
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WHEREAS, the War on Terrorism has extended beyond a period initially contemplated
by the County of Butte when adopting Resolution Number 02-169; and
WHEREAS, due to the extraordinary nature of the War on Terrorism and in support of
the United States' efforts in this war and the contribution of individuals serving in the War on
Terrorism it is the Board of Supervisors desire to extend the paid military leave for employees
serving in active duty on the War on Terrorism for an additional 365 days for a maximum total of
730 days.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of
Butte as follows that Resolution 02-169 shall be superseded and be replaced in its entirety with
this Resolution and read as follows:
Paid leave of absence shall commence on the initial date in which the regular help
employee is absent from work due to being ordered to active military duty and after the use of
available compensatory time (overtime) balance. Paid leave shall cease on the date the regular
help employee is released from active military duty or a total of 730 calendar days, provided the
dates specified in the orders cover such a period of military pay supplement„ whichever occurs
earlier. Additionally, certain disability and life insurance benefits could be affected by active
military duty.
A regular help employee called to active duty pursuant to this Resolution will be
compensated the difference between the employee's base pay and the base military pay
(excluding special pays and differentials). In the event the military base pay exceeds the
County's base pay, the employee will receive no additional pay allowances or paid leave
benefits under this resolution except:
Military Leave -War on Terrorism
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a. The County shall continue to pay both the County's and employee paid member
contributions toward the County's retirement program as agreed by current MOU's for
active regular help employees.
b. The County shall continue to contribute its full cost share towards the health benefit
premium and the employee shall continue to pay their full cost share toward premiums
for self and/or dependent coverage. Employees are eligible to discontinue dependent
coverage during military leave and reinstate coverage where allowable by PERS, upon
return to work or to pay their required premiums directly to the Auditor-Controller during
their military leave if no military pay supplement is available.
c. The employee will continue to accrue vacation, sick and other leave benefits at their
regular accrual rate while in a compensated status.
d. The employee will receive service credit for layoff purposes during the period of military
leave.
Payments authorized pursuant to this Resolution shall be conditioned on the following:
a. Employees must use all compensatory time (overtime), but are not required to exhaust
vacation, administrative leave or holidays on accrual, before paid leave begins. Use of
vacation or holiday accruals is optional for the employee and are subject to the
department head approval.
b. Prior to issue of any pay warrant, the employee will be required to submit to the
Auditor-Controller a copy of the military orders to active duty and copies of the
employee's military pay stubs for the purpose of determining the salary continuance
amounts.
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c. If an employee covered by these provisions chooses not to return to work for the
County of Butte immediately following active duty, the compensation required by these
provisions would be treated as a loan to be repaid with interest.
The provisions of this Resolution shall extend from its date of adoption for as long as the Board
of Supervisors determines this policy is consistent with the country's active involvement in the
War on Terrorism, and/or unless preempted or disallowed by law.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the 27th day of November 2007 by the following
votes:
ATTEST:
AYES: Supervisors Connelly, Josiassen, Yamaguchi, Kirk, and Chair Dolan
NOES:
None
ABSENT: None
NOT VOTING: None
Jane Dolan, Chair
Butte County Board of Supervisors
C. Brian Haddix
Chief Administrative Officer
And Clerk of the Board of Supervisors
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By:
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