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DORSEY & WHITNEY <br /> A Pu xzs wv LcLc mo Ps szmx"Coumo rows <br /> NEW YORK PILLSBURY CENTER SOUTH ROCHESTER,MN <br /> WASHINGTON, D. C. 220 SOUTH SIXTH STREET BILLINGS <br /> MI\NEAPOLIS, MI-XNESOTA 35402-1498 <br /> DENVE8 (612) 340-2600 GREAT FALLS <br /> PAR(612)340-2868 <br /> ORANGE COUNTY, CA M I S S O U LA <br /> WELLIAM R.30TH <br /> LONDON (612) 340-2969 DES MOINES <br /> BRUSSELS FARGO <br /> August 1, 1994 <br /> via Facsimile and Mail <br /> Mr. Michael Mornson <br /> City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> RE: City Pay During Military Duty <br /> Dear Mike: <br /> • I have reviewed your letter regarding the request from Dave Urbia, the <br /> former Assistant City Manager, and the materials submitted with your letter. I also <br /> have reviewed applicable state statutes and•opinions interpreting those statutes. My <br /> answers to the questions enumerated in your letter are as follows: <br /> 1. Assuming that his calculation of$800 per pay period is correct, and <br /> assuming he was an "employee" during both periods, he would be <br /> entitled to the $1,346.52. <br /> Minn..Stat. § 192.26 provides that any City employee who is a member <br /> of the national guard or military reserve, including the naval reserve, <br /> is entitled to a leave of absence "without loss of pay" for a period not <br /> exceeding a total of 15 days in any calendar year. <br /> The Attorney General has concluded that the statute also applies to a <br /> temporary employee of a city. Op. Atty. Gen., 1954 No. 61, p. 119. This <br /> has also been determined by the Attorney General to apply to an <br /> employee whose period of employment was only 3 months. Op. Atty. <br /> Gen. 644-D, Sept. 1949. If Dave Urbia was being paid while he was an <br /> intern, he was arguably an "employee", in which case he should be <br /> paid for both leave periods. <br />