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RESOLUTION 2001-100
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, GRANTING A LEAVE OF
ABSENCE TO COUNTY EMPLOYEES WHO
PERFORM ACTIVE MILITARY SERVICE IN
THE NATIONAL GUARD OR IN A RESERVE
COMPONENT OF THE UNITED STATES
ARMED FORCES; AUTHORIZING THIRTY
DAYS' FULL PAY DURING COUNTY
OFFICIALS' AND COUNTY EMPLOYEES'
LEAVE OF ABSENCE TO PERFORM ACTIVE
MILITARY SERVICE IN THE NATIONAL
GUARD OR IN A RESERVE COMPONENT OF
THE UNITED STATES ARMED FORCES;
AUTHORIZING SUPPLEMENTATION OF
COUNTY OFFICIALS'AND EMPLOYEES'PAY
AFTER THE FIRST THIRTY DAYS' SERVICE
IN AN AMOUNT NECESSARY TO BRING
THEIR TOTAL SALARY, INCLUDING THEIR
BASE MILITARY PAY, TO THE LEVEL
EARNED AT THE TIME THEY WERE CALLED
TO ACTIVE MILITARY DUTY; AUTHORIZING
CONTINUATION OF HEALTH INSURANCE
AND OTHER EXISTING BENEFITS TO SUCH
OFFICIALS AND EMPLOYEES; PROVIDING
FOR AMENDMENT OR RESCISSION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the terrorist attacks of September 11, 2001, on the United States have
prompted certain Indian River County employees to be called for active military duty in the
National Guard or in a reserve component of the Armed Forces of the United States; and
WHEREAS, the Board of County Commissioners supports efforts "to ensure the
state and national security at all times through a strong armed force of qualified and
mobilization-ready personnel," §115.07(5), Fla. Stat. (2000); and
WHEREAS, Section 115.10, Florida Statutes(2000),authorizes the Governor of the
State of Florida to grant or deny, in his discretion, as the public interest may require, county
officials' applications for leave of absence to perform active military service in the National
Guard or in a reserve component of the Armed Forces of the United States; and
WHEREAS, Section 115.14, Florida Statutes (2000), authorizes the Board of
County Commissioners, in its discretion, to grant county employees a leave of absence to
perform active military service in the National Guard or in a reserve component of the
Resolution 2001-100
Page 2
Armed Forces of the United States, and "supplement the military pay of its officials and
employees who are reservists called to active military service for the first 30 days with full
pay and, thereafter, in an amount necessary to bring their total salary, inclusive of their
base military pay, to the level earned at the time they were called to active military duty";
and
WHEREAS, Section 115.14, Florida Statutes (2000), authorizes the Board of
County Commissioners, in its discretion, to "continue to provide any health insurance and
other existing benefits to such officials and employees",
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Indian River County, Florida, as follows:
1. Upon presentation of an official mobilization order to his or her
department/office director, an Indian River County employee who is called to active military
duty is hereby granted a leave of absence to perform active military service in the National
Guard or in a reserve component of the Armed Forces of the United States. The first thirty
days of such active military service shall be with full pay at the employee's regular rate of
pay, less regular payroll deductions.
2. A county official granted a leave of absence by the Governor of the State of
Florida to perform active military service in the National Guard or in a reserve component
of the Armed Forces of the United States shall receive full pay at the official's regular rate
of pay, less regular payroll deductions, for the first thirty days of such active military
service.
3. After the first thirty days of active military service county employees' and
county officials' military pay shall be supplemented by the County in an amount necessary
to bring their total salary, inclusive of their base military pay, to the level earned at the time
they were called to active military duty.
4. The County shall continue county officials' and county employees' health
insurance and other existing benefits during a leave of absence granted to perform active
military service in the National Guard or in a reserve component of the Armed Forces of
the United States.
5. This Resolution does not confer on any affected county employee or county
official any contractual right, and the Board of County Commissioners reserves the right,
in its discretion, to amend or rescind this Resolution and the benefits granted thereby at
any time.
6. This Resolution shall take effect immediately upon its adoption.
Resolution 2001- 100
Page 3
The resolution was moved for adoption by Commissioner Adams
and the motion was seconded by Commissioner Macht , and, upon
being put to a vote, the vote was as follows:
Chairman Caroline D. Ginn Aye
Vice Chairman Ruth Stanbridge Aye
Commissioner John W. Tippin Aye
Commissioner Kenneth R. Macht Aye
Commissioner Fran B. Adams ave
The Chairman thereupon declared the resolution duly passed and adopted this 18th day
of,Septeml�&,,.2001.
BOARD OF COUNTY COMMISSIONERS
-Attest: JX, Barton, ,Cl INDIAN RIVER COUNTY, FLORIDA
BY cJ
Deputy.Clerk - Caroline D. Ginn, Ch rman
,
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dian River Co. Approved Date
dmin..Atty. c t 4dget
Dept.
Risk Mgr.
F:IAttorney1PG81Personnellmilitary.resolution.wpd
September 17, 2001(7:49pm)