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Home My WebLink AboutPO 7177: AMENDING THE CODE OF ORDINANCES AS IT PERTAINS TO SPECIAL LEAVES OF ABSENCE P.O. No. 7177 09/12/23 TAW ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTIONS (3) AND (5) OF SECTION 78-187 (e) (2) OF THE CODE OF ORDINANCES AS IT PERTAINS TO SPECIAL LEAVES OF ABSENCE WHEREAS, it is recommended that the following changes be made to the Code of Ordinances as it pertains to amending Subsections (e), (2) of Section 78-187 (a) as follows: "Section 78-187. Special leaves of absence. (e) Military leave. (See V.T.C.A., Government Code § 431.005.) (1) Employees engaged in authorized training or duty ordered or authorized by proper state or federal military authority shall receive a leave of absence without loss of service credit or seniority and with full pay in addition to any pay received from the military organization, subject to the following provisions: a. The employee shall furnish the human resources office a certified copy of his orders to training or duty. b. The training or duty shall not exceed 15 days in a federal fiscal year. No pay, service credit or seniority shall be received from the city for training or duty in excess of 15 days in a federal fiscal year. (2) An employee, other than temporary or probationary employee, who is a member of the reserve components of the Armed Forces of the United States of America and who is ordered into active military duty in the event of an emergency shall be entitled to leave of absence without loss of seniority during such duty. Such leave shall begin only after exhaustion of the leave provided in subsection (e)(1) of this section and shall not exceed 90 days 12 months. In order for the city to determine whether or not an employee qualifies for such leave the employee shall provide the city with a copy of his official military orders. While serving on active duty after exhaustion of the leave provided in subsection (e)(1) of this section an employee described in subsection (e)(2) of this section shall receive supplemental pay. PR Supplemental pay shall be calculated as follows: Take the total gross pay that the employee would have received (excluding overtime pay but including longevity pay) if the employee has been performing in his permanent classification, and subtract the total military pay and allowances that the employee receives while serving in active military duty for the same pay period; then deduct from this difference F.I.C.A. withholding (if applicable), tax withholding, retirement contributions, and all other applicable deductions. The remaining balance, if any, shall be supplemental pay. The employee shall provide the city with a certified copy of his official military pay and allowance documents in order for the city to calculate supplemental pay. The city shall make any employer contributions required by law or contract to be made by 1 the city (e.g., F.I.C.A. or retirement) on the basis of such difference above. However, unless otherwise required by law, health, medical, dental and life insurance for such employee and dependents shall be furnished and paid for by the United States or such employee and not the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That subsections (e)(2) of Section 78-187 (a) Code of Ordinances are herein amended as follows: (e) Military leave. (See V.T.C.A., Government Code § 431.005.) (1) Employees engaged in authorized training or duty ordered or authorized by proper state or federal military authority shall receive a leave of absence without loss of service credit or seniority and with full pay in addition to any pay received from the military organization, subject to the following provisions: c. The employee shall furnish the human resources office a certified copy of his orders to training or duty. d. The training or duty shall not exceed 15 days in a federal fiscal year. No pay, service credit or seniority shall be received from the city for training or duty in excess of 15 days in a federal fiscal year. (2) An employee, other than temporary or probationary employee, who is a member of the reserve components of the Armed Forces of the United States of America and who is ordered into active military duty in the event of an emergency shall be entitled to leave of absence without loss of seniority during such duty. Such leave shall begin only after exhaustion of the leave provided in subsection (e)(1) of this section and shall not exceed 90 days 12 months. In order for the city to determine whether or not an employee qualifies for such leave the employee shall provide the city with a copy of his official military orders. While serving on active duty after exhaustion of the leave provided in subsection (e)(1) of this section an employee described in subsection (e)(2) of this section shall receive supplemental pay. Supplemental pay shall be calculated as follows: Take the total gross pay that the employee would have received (excluding overtime pay but including longevity pay) if the employee has been performing in his permanent classification, and subtract the total military pay and allowances that the employee receives while serving in active military duty for the same pay period; then deduct from this difference F.I.C.A. withholding (if applicable), tax withholding, retirement contributions, and all other applicable deductions. The remaining balance, if any, shall be supplemental pay. The employee shall provide the city with a certified copy of his official military pay and allowance documents in order for the city to calculate supplemental pay. The city shall make any employer contributions required by law or contract to be made by the city (e.g., F.I.C.A. or retirement) on the basis of such difference above. However, unless otherwise required by law, health, medical, dental and life insurance for such employee and dependents shall be furnished and paid for by the United States or such employee and not the city. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the city Council. Section 4. That this being an Ordinance amending an Ordinance which does not carry a penalty, and does not require publication, it shall take effect immediately from and after its passage. READ, ADOPTED AND APPROVED on this day of A.D., 2023, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers • NOES: Thurman "Bill" Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROVE AS TO FORM: 7/70f/( - Valecia i no, ity Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager