By Mr. Toomey of Cambridge, petition (accompanied by bill, House, No. 4079) of Timothy J. Toomey, Jr. (with the approval of the mayor and city council) for legislation toauthorize the city of Cambridge to pay full salaries and benefits to employees on military leaves of absence serving in combat operations or in Iraq or Afghanistan. Public Service. [Local Approval Received.]

The Commonwealth of Massachusetts

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PETITION OF:

Timothy J. Toomey, Jr.

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In the Year Two Thousand and Seven.

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An Act to enable the city of Cambridge to pay full salary and benefit to city employees who are assigned and present in a theater of combat operations such as Iraq or Afghanistan

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

May 9, 2007

The Honorable Timothy J. Toomey, Jr.

House of Representatives

State House

Boston, MA 02133

Dear Representative Toomey:

                Pursuant to the request of the City Council, I am forwarding to you for filing with the Massachusetts House of Representatives, the enclosed order adopted by the City Council at its meeting of Monday, May 7, 2007 requesting the enactment of a home rule petition entitled:

“AN ACT TO ENABLE THE CITY OF CAMBRIDGE TO PAY FULL SALARY AND BENEFITS TO CITY EMPLOYEES WHO ARE ASSIGNED AND PRESENT IN A THEATER OF COMBAT OPERATIONS SUCH AS IRAQ OR AFGHANISTAN.”

                It is my understanding that upon receipt of this legislation you and your staff will review the text of the enclosed legislation to determine its appropriateness for filing and if any changes or corrections are necessary, your office will contact me as soon as possible.

                Thank you for your cooperation in this matter.

                                                                                                                                Very truly yours,

                                                                                                                                D. Margaret Drury

                                                                                                                                         City Clerk

DMD/mc

Enclosures

cc:           Representative Walz

                Representative Wolf

                Representative Rushing

                Representative Kaprielian

                Representative Brownsberger

AN ACT TO ENABLE THE CITY OF CAMBRIDGE TO PAY FULL SALARY AND BENEFITS TO CITY EMPLOYEES WHO ARE ASSIGNED AND PRESENT IN A THEATER OF COMBAT OPERATIONS SUCH AS IRAQ OR AFGHANISTAN

                         Notwithstanding the provisions of any general or special law to the contrary, an employee in the service of the city of Cambridge, including the Cambridge School Department, who has been granted a military leave of absence because the employee is a member of the army national guard, the air national guard, or a reserve component of the armed services called to active service in the armed forces of the United States after September 11, 2001, and who is assigned to a theater of combat operations such as Iraq or Afghanistan, shall be entitled to receive his/her regular base salary as such City of Cambridge employee for each pay period during such military leave of absence, without reduction by any amount received from the United States as pay or allowance for military service performed during this same pay period.  An employee eligible under this section shall not lose any seniority or any accrued vacation leave, sick leave, or personal leave or retirement service credits as a result of such service.

SECTION 2.           Notwithstanding any general or special law to the contrary, the city of Cambridge may expend in the current fiscal year associated costs incurred in prior fiscal years pursuant to this act.

SECTION 3.           Notwithstanding any general or special law to the contrary, the city of Cambridge and the Cambridge School Department are authorized to provide up to five (5) calendar days of pre-deployment paid leave time to any employee in their service who has requested a military leave of absence because the employee is a member of the army national guard, the air national guard, or a reserve component of the armed services called to active service in the armed forces of the United States, and who is subject to deployment orders assigning the employee to a theater of combat operations such as Iraq or Afghanistan requiring that the employee be on military leave for 90 days or more.  This pre-deployment leave will not count towards personal, sick, vacation or other leave time or be deducted from creditable service for retirement purposes.