RTC 04-334

To: The Mayor and members of the Sunnyvale City Council

From: Councilmember Hamilton

Re: Maternity leave

According to a conversation I had with Assistant City Attorney Joan Borger and HR Director Mark Gregerson on 3 Aug 2004, elected officials are not subject to the provisions of state and federal laws governing family leave. As such, all leaves are governed by the city charter.

The charter does not deal directly with maternity leave, but does address the issue of councilmember leaves. The Sunnyvale City Charter, Article VI, Sec. 604, states, in part, “In addition to any other cause from which vacancies in the City Council may occur, the office of a member of the city council shall become vacant and it shall be so declared by the Council where such member is absent from all regular meetings of the Council for a period of sixty (60) days consecutively from and after that last regular Council meeting attended by such member, unless by permission of the Council expressed in its official minutes…”

Essentially, the charter allows for leaves of up to sixty days from the date of the last regular attended meeting, or whatever council will allow as discussed in a public meeting.

For comparison, managerial/confidential employees who have at least one year of service must use 80 hours of accrued paid time off and then may have up to 90 days of paid disability for a medically certified disability, including pregnancy. 

When San Jose City Councilmember Cindy Chavez had her son, she had three months of full-time leave, and another three months of half-time leave before resuming her council duties full-time with no impact on her compensation.

Of course, I would prefer not to vacate my seat, so I would ask the council’s indulgence to grant a leave. Based on my due date (30 Oct), I anticipate that the last council meeting I will be able to attend is the meeting on 26 Oct 2004. I would ask that the council grant me a leave extending from the conclusion of that meeting or the date when my baby arrives, whichever comes first, for 90 days. In addition, I would request that all absences be considered excused and not PTO absences.

Thank you for your consideration.

Councilmember Melinda Hamilton

ATTACHMENT TO RTC 04-334

September 21, 2004

Excerpt from the Sunnyvale City Charter, Article VI, Section 604:

Section 604. Vacancies. Except as otherwise provided herein, in the event of a vacancy in the City Council, from whatever cause arising, within thirty days of the commencement of any vacancy the City Council shall officially declare the seat vacant and call a Special Municipal Election for the purpose of filling such vacancy. In the event of a vacancy in the City Council created by the death or other involuntary removal of a member, pursuant to Article II, Section 4, of the Constitution of the State of California, where the unexpired term of the deceased or removed member does not exceed one hundred eighty (180) days, the City Council shall, within 60 days after such office shall have been declared vacant, fill such vacancy by appointment. Should the Council fail to fill the vacancy within the 60-day period, it shall treat such vacancy in the same manner as one created by a cause other than death or involuntary removal.

Any Special Municipal Election called to fill an unexpired term shall be held within one hundred and twenty (120) days from the date the Council declares the vacancy to exist except that no election shall be held on the day before, day of, or day after a state holiday. The Council shall promptly declare or take the required steps to declare the existence of the vacancy. Such special election shall be consolidated with a general municipal or statewide election if a municipal or statewide election is scheduled within one hundred and eighty (180) days from the date that the vacancy is declared. As used herein, the next general municipal or statewide election means the next such election at which it is legally possible to place the matter on the ballot and elect a successor.

Any person elected or appointed to fill a vacancy shall serve for the remainder of the unexpired term and until his/her successor is elected and qualified.

In addition to any other cause from which vacancies in the City Council may occur, the office of a member of the City Council shall become vacant and it shall be so declared by the Council where such member is absent from all regular meetings of the Council for a period of sixty (60) days consecutively from and after that last regular Council meeting attended by such member, unless by permission of the Council expressed in its official minutes; or such member is convicted of a crime involving moral turpitude; or he/she ceases to be an elector of the City of Sunnyvale or ceases to maintain his/her principal place of residence within the City limits during his/her term of office. (Amended effective December 31, 1975, December 21, 1976, December 23, 1982 and January 17, 1992: previously Section 703)