EXPLANATION
City Council has authorized an extension of military leave benefits for employees who are called to perform service in the uniformed. This legislation continues that benefit for the ensuing year.
TITLE
To authorize and extend a continuation of military leave with pay to City employees eligible for such leave who have and/or will be members of the uniformed services who are called to perform service in the uniformed services for the ensuing year; to allow for the continuation of City-provided group health and life insurance, under the same terms and conditions currently in effect for City employees and their beneficiaries; and to declare an emergency.
BODY
WHEREAS, City Council passed Ordinance 2215-2019 last year to continue military leave with pay for City employees who have been, or may be called to perform service in the uniformed services pursuant to an order by the President of the United States, because of an act of Congress, or because of an order to perform duty issued by the governor pursuant to Ohio Revised Code §5919.29: and
WHEREAS, City Council desires to extend that benefit through this ordinance for the ensuing year effective November 23, 2020; and
WHEREAS, City Council desires to maintain health and life insurance benefits for affected employees and their beneficiaries for the ensuing year; and
WHEREAS, the City is desirous of supporting and assisting those City employees and their families who have been or will be financially burdened by the employee being called to perform service in the uniformed services by continuing affected employees in military-leave-with-pay status for the period designated in the order or act under competent authority, and for the duration of service in the uniformed services; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to continue such financial assistance to affected employees and beneficiaries to avoid a lapse in benefits, thereby preserving the public health, peace, property, safety and welfare; Now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That salaries and wages be paid to affected employees in accordance with federal and state law, management compensation plans, and/or the respective collective bargaining agreements in order to keep employees in paid status beyond the initial period of military leave with pay for the ensuing year effective November 23, 2020 and for the duration of the employee's service in the uniformed services, less whatever amount such employee may receive as military basic pay as published and maintained by the Defense Finance and Accounting Service (DFAS), available at https://www.dfas.mil.
Section 2. That the health and life insurance provided to City employees, pursuant to federal and state law, the various management compensation plans, and/or collective bargaining agreements between the City of Columbus and the Fraternal Order of Police, Capital City Lodge No. 9; International Association of Fire Fighters, Local 67; American Federation of State, County and Municipal Employees Local 1632 and Local 2191; Communications Workers of America Local 4502; the Fraternal Order of Police/Ohio Labor Council, Inc. be continued in full force and effect subject to the same definitions, limitations, and exclusions as are found in the above-referenced federal and state law, collective bargaining agreements, and/or management compensation plans as well as those contracts and agreements between the Department of Human Resources and the various insurance providers, for those City employees who have been or may be called to perform service in the uniformed services for the ensuing year effective November 23, 2020.
Section 3. That affected City employees remain liable for their regular monthly premium payments, which can be paid as due or held in abeyance and paid in total upon return to City service. If such funds are not paid as herein provided, the amount of unpaid monthly premium payments may be withheld from an employee's final pay check.
Section 4. That the City shall provide City employees no fewer rights and benefits than may be conferred under federal or state law if such a conflict should exist between this ordinance and any applicable federal or state law. No collective bargaining agreement administered by the City may afford fewer rights and benefits than are conferred under this ordinance.
Section 5. As used in this Ordinance:
(A) “Uniformed Services” means all armed forces of the United States of America, the Ohio organized militia when engaged in active duty for training, inactive duty training, or full-time national guard duty, the commissioned corps of the public health service, and any other category of persons designated by the president of the United States in time of war or emergency.
(B) “Service in the uniformed services” means the performance of duty, on a voluntary or involuntary basis, in a uniformed service, under competent authority, and includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time national guard duty, and performance of duty or training by a member of the Ohio organized militia pursuant to Chapter 5923 of the Ohio Revised Code. “Service in the uniformed services” includes also the period of time for which a person is absent for the purpose of an examination to determine the fitness of the person to perform any duty described in this division.
Section 6. That for the reasons stated in the preamble hereto, which is incorporated herein, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten (10) days after passage if the Mayor neither approves nor vetoes the same.