CITY COUNCIL AGENDA ITEM
Meeting Date: January 13, 2004
Subject/Title: Approve a Resolution Approving a Six-Month Leave of Absence
Submitted by: Karen Stein, Assistant City Manager
Approved by: John Stevenson, City Manager
Approve a Resolution that approves a six-month leave of absence without pay
for Joseph Garcia.
The Brentwood Police Officer’s Association Memorandum of Understanding
2003-2008 Section 9.52, permits the City Council to grant temporary leave to
a regular employee, without pay. Joseph Garcia has served as a full-time
Community Service Officer (CSO) with the City of Brentwood Police Department
since January 3, 2001. Mr. Garcia submitted a written request to the Police
Chief asking for a six-month, unpaid leave of absence for the purpose of
enrolling in the 152nd Session of the Contra Costa County Sheriff’s Office
Police Academy. The Police Chief recommends granting the leave of absence to
While on unpaid leave of absence, Mr. Garcia shall not receive any benefits
coverage nor shall he accrue leave or seniority with the City. Upon
completion of the Police Academy, but no later than July 14, 2004, Mr.
Garcia shall be permitted to return to the classification of Community
Service Officer provided he still meets the job requirements to hold the
position. Mr. Garcia has signed an agreement to the conditions of the leave
of absence as attached hereto.
While attending the academy, Mr. Garcia may apply for and compete for the
position of Police Officer with the City of Brentwood. Through the normal
recruitment process, he may be selected for promotion to Police Officer or
Police Recruit; however, such promotion or appointment is not guaranteed.
The unpaid absence may result in salary/benefits savings to the Police
Department budget in the amount of approximately $28,635, unless offset by
the hiring of a temporary per diem CSO during the time of Mr. Garcia’s
Leave of Absence Agreement
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A
SIX-MONTH LEAVE OF ABSENCE WITHOUT PAY FOR JOSEPH GARCIA.
WHEREAS, as provided in the Brentwood Police Officers’ Association
Memorandum of Understanding 2003-2008, Section 9.52, the City Council may
grant temporary leave to a regular employee, without pay, and
WHEREAS, Joseph Garcia, currently employed by the City of Brentwood as a
Community Service Officer requested, in writing, a six-month leave of
absence without pay, and
WHEREAS, Mr. Garcia requested the leave of absence in order to attend the
152nd Session of the Contra Costa County Sheriff’s Office Police Academy,
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby adopts a resolution and approves a six-month leave of absence without
pay for Joseph Garcia so that he may attend the Police Academy.
NOW, BE IT FURTHER RESOLVED that the unpaid leave of absence is pursuant to
the Brentwood Police Officers’ Association Memorandum of Understanding
2003-2008, Section 9.52, written agreement between the City, Mr. Garcia and
City Council’s action, and shall begin January 14, 2004 and will end no
later than July 14, 2004.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on January 13, 2004 by the following vote:
LEAVE OF ABSENCE AGREEMENT
THIS LEAVE OF ABSENCE AGREEMENT (“Agreement”) made and entered into this
____ day of January 2004, by and between the CITY OF BRENTWOOD, hereinafter
called “City” or “Employer” and JOSEPH GARCIA, hereinafter called “GARCIA,”
both of whom understand as follows:
WHEREAS, GARCIA is currently employed by the City as a Community Service
WHEREAS, GARCIA desires to attend the Contra Costa County Sheriff’s Office
152nd Academy as a student; and
WHEREAS, GARCIA wishes a six month leave of absence from his employment with
City in order to attend the Academy full time; and
WHEREAS, GARCIA desires to return to employment with the City of Brentwood
as a Community Service Officer after attending the Academy; and
WHEREAS, City desires to foster higher education in its employees; and
WHEREAS, City desires to employ GARCIA as a Community Service Officer after
his attendance at the Academy; and
NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED,
the parties agree as follows:
1. City grants GARCIA a leave of absence from his employment as a Community
Service Officer based upon his representation that he will enroll in the
152nd Session of the Contra Costa County Sheriff’s Office Academy. During
the leave of absence, GARCIA understands and agrees that such leave shall be
without pay, benefits coverage (including workman’s compensation), leave
accrual, and seniority. While on leave of absence, City and GARCIA agree
that GARCIA shall be permitted to return to active duty at the
classification of Community Service Officer, subject to the terms and
conditions contained in this Agreement.
2. Leave of absence shall commence on January 14, 2004 and terminate no
later than July 14, 2004. Leave of absence will terminate automatically one
week after graduation, dismissal or resignation from the Academy, or upon
acceptance of outside employment or City of Brentwood employment under a
different classification, whichever occurs first.
3. GARCIA agrees that during his leave of absence that he is not a City of
Brentwood employee, nor shall he represent himself or act in any capacity as
a City of Brentwood employee, or as an agent of or for the City of
Brentwood. GARCIA shall turn over all department issued property and
identification on or before the effective date of this Agreement.
4. GARCIA agrees that he shall not be entitled to return to employment with
City under this Agreement if any of the following occur:
A. GARCIA fails to meet the hiring qualifications required of a Brentwood
Community Service Officer.
B. If City has a reasonable suspicion that Garcia may no longer meet the
hiring qualifications of a CSO, GARCIA agrees to verify his suspect
qualification(s) by submitting to the same pre-employment background checks
and medical exams required of a CSO job applicant.
C. There is a preponderance of evidence that GARCIA engaged in conduct that
is in violation of law or policy that would constitute grounds for
discipline in excess of 3 days or termination of an active CSO with the
Brentwood Police Department.
D. There is a preponderance of evidence that during his leave of absence
GARCIA by act, omission or inference misrepresented himself as a current
active duty City employee.
5. GARCIA agrees that when reasonable suspicion exists as to any provision
of Paragraph 4, City shall be granted a reasonable time to investigate and
make a finding on the allegation(s). Should City not reinstate GARCIA for
cause based on an investigation and making a finding of violation of a
provision as stated in Paragraph 4, GARCIA shall be entitled to an
evidentiary appeal before the City Manager. Notice of intent to appeal shall
be received by the City Manager within 10 days of notice of the findings.
The decision of the City Manager shall be final and binding.
6. Pursuant to Paragraph 5, should the investigation, findings and appeal
process extend beyond the expiration of this Agreement, such leave of
absence shall continue until a final determination is reached. GARCIA shall
not be entitled to employment or compensation of any type whatsoever from
City for this time period.
7. During the next pay date following the execution of this Agreement,
GARCIA shall receive a check from City equal to the amount of vacation, comp
time and personal leave on the books at the time this Agreement takes
effect. Upon return to employment with City, GARCIA shall be restored the
same amount of sick leave on the books as he had at the time this Agreement
took effect. Sick leave, as with other time off, does not accrue during the
period of leave of absence.
8. This Agreement contains no expressed or implied understanding or promise
between the parties that GARCIA’s attendance at the Academy will result in a
current or future position as a police recruit or police officer with City.
9. If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, or unenforceable, the remainder of this Agreement or
portion thereof, shall be deemed severable and shall not be affected and
shall remain in full force in effect.
10. This Agreement shall be interpreted as though prepared by both parties
and constitutes the entire, integrated understanding of the parties.
11. No official or employee of City shall be personally liable for any
default or liability under this Agreement.
12. Notices pursuant to this Agreement shall be given by deposit in the
custody of the United Postal Service, postage prepaid. Alternatively,
notices required pursuant to this Agreement may be personally served in the
same manner as is applicable to civil judicial proceedings. Notice shall be
deemed given as of the date of personal service or as of the date of deposit
of such written notice in the course of transmission in the United States
Postal Service to the addresses set out below or as subsequently
communicated by one party to the other in writing.
Notice to GARCIA shall be sent to:
(Home address as given
to City by GARCIA)
Notice to CITY/CITY MANAGER shall be sent to:
City of Brentwood
150 City Park Way
Brentwood, CA 94513
IN WITNESS WHEREOF, the City of Brentwood has caused this agreement to be
signed and executed on its behalf by its City Manager, and duly attested by
its City Clerk and GARCIA has signed and executed this Agreement.
CITY OF BRENTWOOD JOSEPH GARCIA
John Stevenson, City Manager Joseph Garcia
Karen Diaz, CMC, City Clerk Date