City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: January 13, 2004

Subject/Title: Approve a Resolution Approving a Six-Month Leave of Absence Without Pay

Submitted by: Karen Stein, Assistant City Manager

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution that approves a six-month leave of absence without pay for Joseph Garcia.

PREVIOUS ACTION
None.

BACKGROUND
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 Mr. Garcia.

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.

FISCAL IMPACT
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 absence.

Attachments:
Resolution
Leave of Absence Agreement

RESOLUTION NO.

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, and

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 Officer; and

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:

Joseph Garcia
(Home address as given
to City by GARCIA)

Notice to CITY/CITY MANAGER shall be sent to:

City of Brentwood
City Manager
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

____________ ___________
Date Date

ATTEST:
________________________ ___________
Karen Diaz, CMC, City Clerk Date
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov