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HomeMy WebLinkAbout2015-03-04 PACKET 02.B. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM #� � DATE 03/04/15 �� � i PREPARED BY: Public Safety Craig Woolery ORIGINATING DEPARTMENT STAFF AUTHOR ***�******�:�********************�*****:�*****:��** COUNCIL ACTION REQUEST Receive a presentation of the Patriot Award by Everett Doolittle, the Employer Support of the Guard and Reserve (ESGR) Representative for Minnesota, Officers Brad Peterson and Pat Nickle to Director of Public Safety Craig Woolery on behalf of the city. STAFF RECOMMENDATION Receive a presentation of the Patriot Award from Everett Doolittle, Officers Brad Peterson and Pat Nickle to Director of Public Safety Craig Woolery on behalf of the city. SUPPORTING DOCUMENTS 0 Memo from Director of Public Safety Craig Woolery dated 02-24-15 ADMINISTRATORS COMMENTS a�a��is. City Administrat r Date ***�*************************************�*****:� COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage Grove City of Cottage Grove � Public Safety — Police/Fire/EMS Memo To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Craig Woolery, Director of Public Safety Date: February 23, 2015 Subject: EMPLOYER SUPPORT OF THE GUARD AND RESERVE (ESGR) PATRIOT AWARD Introduction The Cottage Grove Public Safety Department has many members who have and continue to serve our country through their service as members of the National Guard and Reserve. As a civilian (municipal) employer, the City of Cottage Grove has worked intentionally to support our employees who have so honorably elected to serve our country. The Patriot Award reflects the efforts made to support Citizen Warriors through a wide- range of ineasures including flexible schedules, time off prior to and after deployment, caring for families and granting leaves of absence if needed. Officer Brad Petersen submitted to the Employer Support of the Guard and Reserve (ESGR) program for the Patriot Award and was successful. Discussion ESGR, a Department of Defense office, was established in 1972 to promote cooperation and understanding between Reserve Component Service members and their civilian employers and to assist in the resolution of conflicts arising from an employee's military commitment. ESGR is supported by a network of more than 4,700 volunteers in 54 committees located across all 50 states. It cannot be stressed enough the value to an organization when hiring veterans into the workforce. Whether retired or active Guard or Reservists they bring along exceptional life experiences to the workforce. Veterans hired in Cottage Grove have been among our best employees, their dedication and maturity was evident from the start of their employment as police officers and firefighters. Recommendation The City of Cottage Grove and the Department of Public Safety will continue to recognize the value of allowing employees to remain in military service during their employment, to retain job status and benefits in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). In addition, recognizing the value of hiring veterans and active National Guard and Reserve members into the workforce The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the Federal law that establishes rights and responsibilities for members of the National Guard and Reserve and their civilian employers. USERRA affects employment, reemployment, employment benefits and retention in employment when employees serve or have served in the uniformed services. ESGR and USERRA ESGR informs and educates service members and their civilian employers regarding their rights and responsibilities governed by USERRA. ESGR does not have statutory authority to enforce, but serves as a neutral, free resource to employers and service members. ESGR's trained ombudsmen provide mediation of employment and reemployment issues relating to compliance with USERRA. Statutory Authority Congress provided the statutory authority for investigating alleged violations of USERRA to the U.S. Department of Labor (DOL). If DOL finds that an employer has likely violated USERRA and is unable to secure voluntary compliance, DOL may refer the case to the U.S. Department of Justice for legal action against the employer. Employers: The law applies to all public and private employers in the United States to include Federal, state and local governments; regardless of size. Providing that the service member meets all criteria, USERRA requires employers to provide the following: Service Members: In general, if the employee is absent from a position of civilian employment by reason of service in the uniformed services, he or she is eligible for reemployment under USERRA by meeting the following criteria: • The employer had advance notice of the • Allow employees to participate in military service • Prompt reinstatement into a job following military service • Accumulation of seniority, including pension plan benefits • Reinstatement of health insurance • Training or retraining of job skills, including accommodations for the disabled • Protection against discrimination employee's service • The employee returns to work in accordance with USERRA guidelines • The employee has not been separated from service with a disqualifying discharge, or under other than honorable conditions � � PAGE 1 WWW.ESGR.MIL 1-800-336-4590 EMPLOYER SUPPORT OF FACT SHEET 2/ ESGR-EB124 / 10_2013 THE GUARD AND RESERVE .. _ . :-� . . ���• .v i �"7A�1�. . . � - �- �,1�vtii-�. - �L �'� � . .. . ��ti y�l��,�;�,. . y , �'�r'I,+. �. � - . . � . . . _ ._ . .c. - � . . . _ , , . ... � . .. . .. ._:e.' Reemployment Timetable: To be eligible for protection under USERRA, the service member must report back to work or apply for reemployment within the following guidelines: 1-30 days of service 31-180 days of service 181+ days of service Report next scheduled work day* Apply for reinstatement within 14 days following completion of service Apply for reinstatement within 90 days following completion of service *After 8 hours rest plus normal travel time from military training site to place of civilian employment. Ombudsman Services The ESGR Ombudsman Services Program provides information, counseling, and mediation of work place issues relating to compliance with USERRA. ESGR ombudsmen are neutral parties in resolving disputes between civilian employers and their employees serving in the National Guard and Reserve. They work to resolve issues, in compliance with USERRA, to the agreement of both parties. Hundreds of trained ombudsmen, located in each of the ESGR State Committees in all 50 U.S. states, Guam- CNMI, Puerto Rico, the U.S. Virgin Islands and the District of Columbia, are available to promptly respond to inquiries presented by employees or their civilian employers. Since many problems result from a lack of familiarization with the rights and responsibilities of each as defined by law, most of these requests for assistance are resolved quickly. When an ESGR ombudsman is unable to facilitate a resolution, parties are notified of the option to seek assistance through the Department of Labor/Veterans' Employment and Training Service for formal investigation and the option to seek private legal counsel. USERRA QUESTIONS? Our customer service center operates from 8am to 6pm Eastern Time, Monday through Friday, to provide answers to USERRA questions, or refer cases to a trained ombudsman. Call toll-free, 1-800-336-4590, or email your questions to osd.USERRAC�mail.mil. Questions may also be submitted by completing a USERRA Assist�nce Request Form at www.ESGR.mil. ESGR DEVELOPS AND PROMOTES A CULTURE IN WHICH ALL AMERICAN EMPLOYERS SUPPORTAND VALUE THE MILITARY SERVICE OF THEIR EMPLOYEES. �=:°- , � � - �, Department of Defense Partnership of Programs � - " ��� { Yellow Ribbon � HERO ��71� � Reintegration Program 2H�� THEGIIAR�ANOftESERVE ForThoseWhoServ�anaiho�elNlicSUppar�� Supporting Reserve fomponent Members, Families and Employers PAGE 2 �N��•ESGR.MIL �-�00�336-4590 FACT SHEET 2/ ESGR-EB124 / 10 2013