CC - Item 6A - Active Duty Military Leave for Council Member Ly; and Consideration of Temporary Appointment of Jean Hall to the City Council 70 4--:-.1.
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`1 ROSEMEAD CITY COUNCIL
. :CIVIC PRIDt STAFF REPORT
Mk. 9
-ORPORATED AS
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: JEFF ALLRED, CITY MANAGER Oil
DATE: JULY 14, 2015
SUBJECT: ACTIVE DUTY MILITARY LEAVE FOR COUNCIL MEMBER LY; AND
CONSIDERATION OF TEMPORARY APPOINTMENT OF JEAN HALL
TO THE CITY COUNCIL
SUMMARY
Council Member Steven Ly has been ordered by the United States Army Reserve to
report to active duty for training effective on July 13, 2015, for a period of 144 days.
Prior to reporting for active military duty, Council Member Ly recommended that the City
Council appoint Traffic Commissioner Jean Hall to serve in his place on the City Council
during his absence. In response, Ms. Hall has expressed a willingness to serve in this
temporary.capacity. At this meeting, the City Council will consider the appointment of
Jean Hall to serve on the City Council on a temporary basis until Council Member
Steven Ly returns from active military duty in December.
RECOMMENDATION
Council Member Steven Ly has recommended that the City Council appoint Jean Hall to
serve on the City Council during his absence due to active military service in the United
States Army Reserve.
BACKGROUND
California Military and Veterans Code Section 395.8 provides that when an elected
officer (i.e. city council member) leaves the service of any city in order to enter upon
active service with the armed forces of the United States, the seat shall not be
considered to be vacant. That Code section further states that "the legislative body...
may appoint an officer to temporarily replace any such officer so absenting himself to
enter upon active service with the armed forces. Such temporary officers shall have all
of the powers and duties of the office to which he may be temporarily appointed and
shall hold said office until the expiration of the term thereof or until the officer returns
from service with the armed forces, whichever event first occurs."
Council Member Ly is an officer in the United States Army Reserve having completed
basic and officer training courses during the first half of 2014. During his 2014 military
service, his position on the City Council was temporarily filled by longtime Traffic
NO.L
City Council Meeting
July 14, 2015
Military Leave and Temporary City Council Appointment
Page 2 of 2
Commissioner Jean Hall by action of the City Council.
Council Member Ly has, once again, requested that Traffic Commissioner Jean Hall
receive a temporary appointment to fill his seat on the City Council during his active
duty military leave to attend further U.S. Army officer Reserve training in Missouri. It is
Council Member Ly's intent to return to his Council seat upon the conclusion of his
active military duty. In response to Council Member Ly's request, Jean Hall has
expressed her willingness to serve in this capacity on a temporary basis.
Similar to the prior consideration of this matter in 2014, the City Council has the right,
but not the obligation, to appoint an interim replacement during the active military duty
leave. The procedural options available to the City Council include, but are not limited
to, the following:
1. The Council could accept Council Member Ly's recommendation and
immediately appoint Jean Hall on a temporary basis to fill his Council seat; or
2. The Council could receive applications during an open application period,
interview all eligible candidates subject to the Brown Act, and make a temporary
appointment from those candidates; or
3. The Council could take no action to make an appointment and leave the Council
seat vacant during the military leave.
If the City Council takes action to appoint Jean Hall to the City Council on a temporary
basis, it would be appropriate to administer the Oath of Office to hear following the
appointment. Further, upon appointment to the City Council, Ms. Hall's position on the
Traffic Commission will be temporarily vacated until she completes her City Council
service. After which time, she will return to her position on the Traffic Commission.
FISCAL IMPACT
The City's costs for compensation related to the subject City Council seat are fully
budgeted. Accordingly, there is no projected budget impact as a direct result of Council
Member Ly's military leave or Jean Hall's appointment to that City Council seat. For
further discussion on compensation and cost matters, please refer to the attached staff
reports to the City Council dated December 10, 2013, and January 14, 2014, when
similar matters were considered by the City Council for the first time.
Attachments
E M F
S 4 R0sEMEAD CITY COUNCIL
toi : :E STAFF REPORT
i 9
NCORPORNMO 1-
TO: THE HONORABLE MAYOR AND CITY COUNCIL
l,.�/rs'7i
FROM: RACHEL RICHMAN, CITY ATTORNEY f ,
DATE: DECEMBER 10, 2013
SUBJECT: CONSIDERATION OF OPTIONS RELATING N DECEMBER THE ACTIVE MILITARY DUTY
OF COUNCILMEMBER LY BEGINNING
DISCUSSION AND POSSIBLE ACH;OE ON RELATING ACTIVE DOUTY THE NCLUTDING BUT
COUNCILMEMBER LY'S SEAT W
NOT LIMITED TO POSSIBLE APPOINTMENT PROCESS FOR AN INTERIM
COUNCILMEMBER
SUMMARY
to
Councilmember Steven Ly has been ordered byth20U3it(Attatchment A) Rln ese sponseto the
active duty for training starting on December 30,
Army's Order, dated December 1, 2013, this item has been
on plla a dion on the December 10th City
Council Agenda to permit appropriate Council considerat
BACKGROUND .
Councilmember Ly has joined the United States Army
(Reserve). In that capacity, Mr. Ly is
required to complete certain training courses. His training In has
letter to the Mayo,begin
opied to
December 30th and will continue for approximately mber Ly the City Council and City staff, dated December 2,Jean Hall duringehis mil tart' (eaves As
Council seat be filled by the interim appointme nt of
further discussed in Councilmember Ly's letter,
Ms. Hall is currently on the Traffic Commission at
he have a
and a long time community member. Mr. Ly Hetalsohst t fee
slsintentl�to returin to his Council
similar vision as to the direction of the City.
seat upon the conclusion of active duty. (Attachment B)
Councilmember Ly's order to active duty involves both legal and practical questions including
Councilmember Ly's rights regarding his Council position and salary and benefits while on
active duty and his rights to his seat upon his return• t relate
ossible opti nse
Council is permitted to do as it relates to his absent seat on the Council and its
ITEM NO. _0,
City Council Meeting
December 10,2013
Page2of4
ANALYSIS
Status of Councilmember Ly's Seat While on Active Duty
California Government Code §36513 provides the general rule for addressing Council
vacancies. That section provides: "If a city councilmember is absent without permission from all
regular city council meetings for 60 days consecutively from the last regular meeting he or she
attended, his or her office becomes vacant and shall be filled as any other vacancy." (Emphasis
added.) In the present case though, there is an exception to the vacancy rules that applies to
those councilmembers that are called to serve our Country for military-duty. Such absences are
• o nsirte.esAg,g, mesa that-r<eguireAl per nissie tthe i .
California Military and Veterans Code §395.8 applies to "any officer, elective or otherwise, who
leaves or shall have left the service of any city in order to enter upon active service with the
armed forces of the United States." Further, the Military and Veterans Code provides that when
a councilmember is absent due to military service, the seat shall not be considered vacant. The
council may, however, temporarily appoint a councilmember in the absence of the elected
official. The temporary replacement has the same powers and duties as the elected official.
Section 395.8 in relevant part provides:
"The office from which such officer absents himself to enter upon active service
with the armed forces shall not be considered to be vacant but the legislative
body or other appointing authority, as the case may be, may appoint an officer to
temporarily replace any such officer so absenting himself to enter upon active
service with the armed forces. Such temporary officers shall have all of the
powers and duties of the office to which he may be temporarily appointed and
shall hold said office until the expiration of the term thereof or until the officer
returns from service with the armed forces, whichever event first occurs."
(Emphasis added.)
Therefore, because Councilmember Ly is absent due to military service, the Council cannot
treat his absence as a vacancy and upon Councilmember Ly's return; he shall be reinstated to
his elected position for any of his unexpired term. The Council maintains discretion, however, to
appoint a temporary replacement.
Councilmember Ly's Salary and Benefits during Active Military Leave
There are both Federal and State law protections which address the salary and benefit rights of
those on military leave. The Uniformed Services Employment and Reemployment Rights Act of
1994 ("USERRA") is the federal law that establishes certain rights and benefits for employees
who are performing military service. Although USERRA does not specifically speak to elected
officials, the protections and policy behind USERRA would appear to include councilmembers.
Under USERRA, Councilmember Ly is generally entitled to all rights and benefits similar to what
one would receive if on a furlough or a leave of absence. In addition, under the California
City Council Meeting
December 10,2013
Page 3 of 4
Military and Veterans Code, Councilmember Ly is entitled to 30 days of continued salary and
benefits after commencing active military duty.
Councilmember Ly has indicated that he does not require City health care benefits during his
military service period. He will be entitled to 30 days of salary. Lastly, upon his return, he will
also be permitted to receive all benefits that he currently is receiving as a sitting Councilmember
as allowed by law.
Council Options for Councilmember Ly's Seat during His Active Duty
As discussed, the Council has the right, but not the obligation, as the City's legislative body, to
appoint an interim replacement. If the Council elects to move forward on appointing an interim
replacement for Councilmember Ly, the Council may consider the following procedural options,
as well as any other procedural options that the Council may develop and approve:
1. Council could appoint a Council subcommittee to search, and make recommendations
for an appointment; or
2. Council could receive applications during an open application period, interview all
eligible candidates subject to the Brown Act, and make an appointment from those candidates;
or
3. Council could consider the recommendation of Councilmember Ly to appoint Jean Hall;
or
4 Council could take no action to initiate a process for appointment.
Again, the Council may in its discretion elect to choose one of these options, a combination of
these options, another procedure or method suggested by the Council.
FISCAL IMPACT
The City contribution for Councilmember Ly's salary and benefits is fully budgeted. Accordingly,
there is no projected budget impact as a direct result of Councilmember Ly's military leave.
Further there will be savings due to the non-payment of salary to.Councilmember Ly after 30
days as well as the savings from his waiver of health benefits for the term of his active duty.
In the event the Council elects to appoint an interim replacement for Councilmember Ly's seat,
the individual in that office would be entitled to salary and certain benefits while serving as an
interim Councilmember. There could be an additional budgetary cost if the interim
Councilmember elects to enroll in medical, dental and vision coverage through the City or if the
appointee is a member of the Public Employees' Retirement System (PERS). Therefore the
savings described above would not necessarily occur.
City Council Meeting
December 10,2013
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Page 4 of 4
RECOMMENDATIONS
1. City Council vote to formally accept Councilmember Ly's December 1, 2013 Order to
Active Duty commencing on December 30, 2013 and determine that Councilmember Ly's seat is
not "vacant" during the period of his active military service, pursuant to California Military and
Veterans Code §395.8 and that Councilmember Ly is entitled to the legal rights set out in
California Military and Veterans Code §395.8 and USERRA where applicable.
2. The City Council make a determination as to whether to appoint an interim replacement
to Councilmember Ly's seat.
3. If the City Council decides not to appoint an interim replacement for Councilmember Ly
at this time, no further action is required of the Council. Consideration of an appointment could
still be made at a later time during the term of Councilmember Ly's military service.
4. If the City Council decides to appoint an interim replacement for Councilmember Ly, then
the recommended action is for the Council to direct staff as to the appointment process it
desires and permit final consideration of an appointment at a future Council meeting consistent
with Council's process direction. The Council is not making a decision as to an actual
appointment but only as to what the appointment process will be for consideration and possible
action at an upcoming meeting.
Prepared by:
Rachel H. Richman, City Attorney
Attachments
Attachment A-- Councilmember Ly's Notice of Active Military Duty
Attachment B—Letter from Councilmember Ly regarding military leave and recommendation for
appointment of Jean Hall
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"' DEPARTMENT OF THE ARMY
(
07 t LONG BEACH RECRUITING COMPANY
ai ^';',1111,‘" " 500 PINE AVENUE,SUITE J7
• ;::: / LONG BEACH,CA 90802
�
_ / REPLY TO
='.' niicai ATTENTION OF
RCW-LA-6F3 December 1,2013
MEMORANDUM FOR RECORD
SUBJECT:Employment Verification for Steven Ly
1. The purpose of this memorandum is to document that Steven Ly is a member of the United
States Army Reserve.
2. Steven Ly will be ordered to active duty by the Army Reserve on December 30,2013 in order
to complete mandatory initial entry training. Steven should be in training for approximately 24
weeks unless there are unforeseen circumstances.
3. The point of contact is the undersigned at 562-983-3104(office)or victor.shen @us.army.mil.
V
VICTOR SHEN
CPT,FI
Commanding
dila" of q?pseinead
POLLY Low
MAYOR PRO TEM:
WILLIAM AL ]CON ;F 8838 II.VALLEY BOULEVARD P.O BOX 399
ucr" ' ROSEMEAD,CALIFORNIA 91770
COUNCIL
MEMBERS: ROSEMEAD,
- TELEPHONE(626)569-2100
S.NDRAARMENT4
MARGARET CLARK FAX(626)307-9213
STEVEN LY
Mayor Polly Low
City of Rosemead
8838.E Valley Blvd.
Rosemead,CA 91770
December 2,2013
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Dear Mayor Low,
As you may know, I made the decision a while back to join the United States Army(Reserve). As
part of joining the service, I am required to complete certain trainings.Two of the trainings will
begin back-to-back on December 30th and their completion set for the end of May tentatively.
During this time, I will be physically out of the state and will be without phone or Internet
access. Due to these limitations, I will be unable to fully exercise my duties as a Councilman of
the City of Rosemead, requiring me to exercise sections 1690 and 1691 of the California Military
and Veterans Code,which states:
1690.Any elected officer of the State who is called to serve with the armed forces of
the United States has a right to return to and to re-enter upon his office after the
termination of his active service with the armed forces if the term for which he is
elected has not expired.
1691. Upon his return and re-entry or his return to the office he shall have all of the
rights and privileges in,connected with,or arising out of,the office which he would
have enjoyed if he had not been absent.
During my absence,the council will be operating with four members, instead of the usual five.
As matters and work of the people are important to our city, I hope the council will choose to
fill my vacancy temporarily as allowed by state law in section 1692 of the California Military and
Veterans Code:
1692.Any vacancy created by such absence may be filled by a temporary appointment,
as provided by law,for a term not to extend beyond the time of the return and re-entry
to the office by such absent person or beyond the term for which he is elected.
It is my recommendation that the council appoint Jean Hall to serve in my place during my
absence. Ms. Hall is a long-time resident of Rosemead who has raised her family here since
before the city's incorporation. She is also a strong community leader,working with vital
Rosemead organizations such as the Dinsmoor Heritage House and Museum and the Rosemead
Chamber of Commerce.She also has policy development experience,serving as a commissioner
on our Traffic Commission,including a couple of stints as the Chair. I also find Ms. Hall to be a
deliberative, inclusive, and warm person who matches my vision and the vision of my
colleagues as to the direction of our city.
I hope to return to my duty to the city as soon as I can and during my absence I will keep the
city in my prayers and wish you all much success.
Respectfully,
Steven Ly
CC
William Alarcon, Mayor Pro Tern
Sandra Armenta, Councilmember
Margaret Clark, Councilmember
Jeff Allred, City Manager
Rachel Richman, City Attorney
Gloria Molleda, City Clerk
•
e M
O , di
ROSEMEAD CITY COUNCIL
: civicPR,oE STAFF REPORT
• ,NCpR,.ORATF,1g9�
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER j
DATE: JANUARY 14, 2014 .
SUBJECT: CONSIDERATION OF A TEMPORARY INTERIM APPOINTMENT TO
THE CITY COUNCIL
SUMMARY
The City Council will consider an interim appointment to the City Council to temporarily
fill Council Member Steven Ly's seat due to his military service leave of absence. On
December 30, 2013, City Council Member Ly reported to active duty in the United
States Army Reserves for a period of approximately 24 weeks. Prior to reporting for
duty, Council Member Ly recommended that the City Council appoint Traffic
Commissioner Jean Hall on a temporary basis to serve in his place during his absence.
At its December 10, 2013 meeting, after considering several options relating to the
subject City Council seat, the City Council directed staff to place the interim
appointment of Jean Hall on the January 14th City. Council meeting agenda for
consideration.
•
Recommendation:
City Council direction is requested.
BACKGROUND
On December 1, 2013, Steven Ly was ordered to active duty in the U.S. Army Reserve
for mandatory training for approximately 24 weeks effective on December 30, 2013
(Attachment A). On December 2, 2013, City Council Member Ly submitted a letter to
the Mayor, which recommended the appointment of Traffic Commissioner Jean Hall to
fill his seat on a temporary basis during his military leave of absence (Attachment B.)
At its last regular meeting of December 10, 2013, the City Council considered several
options relative to the subject City Council seat and directed staff to place the matter of
Jean Hall's temporary interim appointment on the agenda for its January 14, 2014
meeting for consideration. On December 19, 2013, Traffic Commissioner Jean Hall
submitted a letter to the Mayor (Attachment C), which expressed interest in serving on
the City Council on a temporary interim basis.
In the event that the City Council takes action to appoint Jean Hall as a temporary City
ITEM NO. SPs
City Council Meeting
January 14,2014
Page2of2
Council Member in Mr. Ly's absence, Ms. Hall may take the Oath of Office and sit as a
member of the City Council.
LEGAL REVIEW
This staff report has been reviewed by the City Attorney. Also, as a matter of record,
the December 10, 2013 staff report to the City Council on options relating to the active •
the military duty of Council Member Ly and possible appointment process for an interim
appointment (Attachment D) was prepared by the City Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachments: A-12/1/13 order to report U.S. Army Reserves active duty
B--12/2/13 letter from Steven Ly
C-12/19/13 letter from Jean Hall
D--12/10/13 staff report to City Council
E M
MAYOR:
° City of Nisemeai
Pony Low
MAYOR PROTEM: ci is PRIDE
WILLIAM ALARCOV T** i7 8838 E.VALLEY BOULEVARD P.O BOX 399
COUNCIL MEMBERS: '" , ,.,
aAto,56' ROSEMEAD,CALIFORNIA 91770
SANDRA ARMENTA TELEPHONE(626)569-2100
MARGARET CLARK FAX(626)307-9218
STEVEN LY
December 19, 2013
Hon. Polly Low
Mayor, City of Rosemead
8838 E Valley Blvd.
Rosemead, CA 91770
Dear Mayor Low,
It is my understanding that the council will consider appointing me to fill Councilmember Ly's
seat while he is at active duty training with the US Army Reserves. I am humbled and honored
by the consideration and will fulfill that role to the best of my abilities if appointed.
I have lived in Rosemead for a long time, raising all my children here. My husband and i, as well
as our children, have also been involved in the community. I am proud to call Rosemead my
home and if asked to serve on the council, I will do so as my civic duty.
I have a good understanding of how our cityfunctions, having worked with the staff and Council
with my role on the Traffic Commission and on the Board of the Dinsmore Heritage House and
Museum. I see the great progress our city is making over the last five years and would love the
opportunity to help continue that direction.
Thank you again for your consideration and I promise to serve my community proudly,
whatever the capacity.
Sincerely,
Jean Hall
Traffic Commissioner
•
CC: William Alarcon, Mayor Pro Tern
Sandra Armenta, Councilmember
Margaret Clark, Councilmember
Steven Ly, Councilmember
Jeff Allred, City Manager
Rachel Richman, City Attorney
Gloria Molleda, City Clerk