EXECUTIVE ORDER D-65-02


WHEREAS, approximately 650 members of the California National Guard or the United States military reserve have been ordered to active duty in response to the terrorist attack of September 11, 2001, and America's continuing War on Terrorism; and

WHEREAS, these Californians have been called upon to protect and serve their country, disrupting their families, personal lives and careers; and

WHEREAS, in 2001 Senate Bill 711 (Dunn) was enacted to ensure that state employees who are ordered to active duty as members of the California National Guard or the United States military reserve following September 11, 2001, would continue to receive the full compensation and benefits which they would have enjoyed had they not been called to active duty, for a period of 365 days; and

WHEREAS, many of the men and women from Californians ordered into active duty following September 11, 2001, are exceeding 365 days of service and face a loss of their compensation and benefits; and

WHEREAS, Senate Bill 1801 (O'Connell) was enacted this session authorizing the Governor to issue an Executive Order extending the compensation and benefits of these state employees who are on active duty as members of the California National Guard or the United States military reserve for an additional 365 days; and

WHEREAS, I have determined that it is in the best interest of State of California to support the families of and the men and women of this state who have been upon call to active military service in support of the War on Terrorism; and

WHEREAS, State agencies with employees eligible for the extended coverage authorized by Senate Bill 1801 should begin preparations immediately so that the continuation of compensation and benefits can be provided as soon as possible following the January 1, 2003, effective date of this legislation;

NOW, THEREFORE, I, GRAY DAVIS
, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to be effective immediately:

IT IS ORDERED
that any State employee called to active duty as a result of the War on Terrorism shall receive the full compensation and benefits provided by Government Code section 19775.18, including the additional 365 days provided by Government Code section 19775.18, subdivision (d), as hereby authorized by this Executive Order.

IT IS FURTHER ORDERED that where appropriate, the compensation and benefits authorized by Government Code section 19775.18 shall be applied retroactively to State employees who served on active duty in the War on Terrorism for more than 365 before January 1, 2003.

IT IS FURTHER ORDERED that the Department of Personnel Administration shall be responsible for assuring implementation of this Executive Order.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.