01-14-91 Council Meeting Minutes

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REGULAR MEETING JANUARY 14, 1991 Iren�Gammon, City Clerk Joseph E. Kernan, Mayor A public hearing was held on the resolution at this time. Council Member Niezgodski read the resolution and presented him with a engraved gavel. Mayor Kernan thanked Council Member Zakrzewski for his leadership. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Duda. The resolution was adopted by a roll call vote of eight ayes. Council Member Coleman made a motion to suspend the rules and have public hearing on Resolution No. 91 -6, seconded by Council Member Duda. The motion carried on a roll call vote of eight ayes. RESOLUTION NO. 1832 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE TERMS AND CONDITIONS OF EMPLOYMENT OF CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY IN THE PERSIAN GULF OR ACTIVE MILITARY DUTY RELATED TO THE PERSIAN GULF CRISIS. WHEREAS, the invasion of Kuwait by Iraq in August, 1990, led to the deployment of military personnel to the Persian Gulf by the United States and other allied governments; and WHEREAS, both active duty and 'reserve members of the various branches of the Armed Forces of the United States and National Guard, including the Indiana National Guard, have been called up to serve in the Persian Gulf, to ready themselves for service in the Persian Gulf, or to provide assistance to, or assume responsibilities in the military and guard formerly assumed by, those serving in the Persian Gulf; and WHEREAS, among those called to such service or potentially called to such service are employees of the City of South Bend, Indiana; and WHEREAS, various State and Federal Laws provide minimum benefits to be accorded such employees by the City during their terms of active duty; and WHEREAS, the City Council, in conjunction with the City Administration, stands behind and supports, proudly, any and all City employees called to such service, and desires to establish terms and conditions of the employment of those City employees while on active duty related to the Persian Gulf Crisis, which ratify and go beyond the minimum requirements of the law so as to provide for those employees and their families and dependents. NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I - COVERED EMPLOYEES 1. The terms of employment policies embodied within this Resolution apply to all regular full -time City employees and sworn officers called to active duty in the Armed Forces of the United States or Indiana National Guard for service related to the deployment of troops to the Persian Gulf by the United States in response to the Iraqi invasion of Kuwait in August, 1990. ( "Persian Gulf Crisis ") 2. Each covered employee shall be considered as remaining in the employ of the City of South Bend, Indiana in an inactive status while on active duty related to the Persian Gulf Crisis. Each covered employee shall continue in such inactive status until the earlier of ninety (90) days after such time as he or she is honorably discharged from such service, and the date on which he or she resumes active employment with the City. 3. Each covered employee must reapply for active employment with the City within ninety (90) days after such time as he or she is honorably discharged from such service or from hospitalization continuing after such discharge. Upon reapplication, each covered employee, if still qualified to perform the duties of the position he or she held immediately prior to being called to military duty, shall be restored to such position or to a position of like seniority, status, and pay. If any covered employee is not qualified to perform the duties of the position he or she held immediately prior to being called to military duty, by reason of disability sustained during such service, but is qualified to perform the duties of any other position in the employ of the City, he or she shall be offered employment and, if such covered employee so requests, shall be employed in such other position the duties of which the covered employee is qualified to perform as will provide him or her like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his or her case. SECTION II - WAGES AND BENEFITS 1. Each covered employee shall receive thirty (30) days pay at his or her current rate of pay commencing with the day following his or her last day of active employment with the City before reporting for military duty. 2. Each covered employee shall receive compensation at his or her current rate of pay for all unused vacation days accrued by his or her last day or active employment with the City before reporting to military duty.