Monday, June 05, 2006

Departing Reservist Upset with Antioch

By Corey Lyons
Contra Costa Newspapers
Dec. 9, 2001

ANTIOCH -- An Antioch police officer boarded a plane Thursday for a year abroad as a military reservist, but left his city job with bitterness and disappointment.

Rafael Borrayo, 25, said he received a cold shoulder from the city after being called into active duty by the U.S. Coast Guard.

His written and verbal requests for support - including continued benefit and salary coverage while he was gone - were essentially ignored by the Police Department and the city manager's office, he said.

Finally, he said, his requests were rejected without an explanation.

But Antioch City Manager Mike Ramsey disagreed.

The city, he said, had done everything it could to meet state law requirements to protect Borrayo, including covering a month of his salary after he had been called into active duty.

"In light of our policy, we double-checked to make sure that we were not out of sync with what state law requires," Ramsey said. "We surveyed other agencies, and they overwhelmingly handle things like we did."

The case illustrates the fragile relationship between military reserve personnel with civilian jobs and their employers. While many private and government employers provide full or partial pay to employees who are absent on military duty, federal law does not require it.

However, employers are required to hold a reservist's job for up to five years. And after being activated, reservists qualify for full medical coverage in the military.

The National Committee for Employer Support of the Guard and Reserve is a federal agency staffed by volunteers who promote cooperation between reserve members and their civilian employers. As part of its role, the agency tries to educate employers about the crucial role guardsmen and reservists play in protecting the country.

"It's a two-sided coin," said Ken Benesh, a state ombudsman with the ESGR. "We need to do something to support these folks. But, on the other hand, these people join the reserves and know full well what their civilian and military benefits are."

Borrayo, a patrol officer, joined Antioch police in October 2000 after spending about 18 months as a deputy sheriff in Santa Cruz County.

Shortly after the Sept. 11 terrorist strikes, President Bush authorized the use of 50,000 guardsmen and reservists to protect national bridges, ports, bases and airfields.

Borrayo knew the call would come. So he notified his supervisor that he would likely be pressed into action.

In late September, he was contacted by the Coast Guard. He was told that he would be joining a 13-person squad that would enforce weapons inspections in parts of the Middle East and other areas.

Immediately, he said, he sent a letter to the city in which he outlined the state requirements it needed to meet before he left.
"There wasn't much of a response," Borrayo said. "It was sort of like, 'Hey, there's nothing we can do for you. The PD is out of the loop on this. Good luck.' They were not supportive."

Frustrated, he said he sent a second letter Nov. 7, in which he asked the city to continue contributing to his retirement fund, maintain his benefits and cover the salary amount that he would lose while serving overseas.

"In addition," he wrote, "I feel a revision of the current military leave policy would enhance Antioch Police Department recruitment and retention efforts."

Days passed without a response, he said.

In the interim, he made arrangements to rent out his Oakley house while he was gone, and had his fiancee move in with her parents in Antioch.

"Rafael's request was delayed a short while as we looked into it," Ramsey said. "The police chief was out of town, and I wanted to discuss it with him first.

"My understanding is that everything had been communicated to him. We certainly did not ignore him."

But Borrayo said he finally had to approach two police captains, who told him his letter had been rejected. "I told them how worried I was about how I would pay my bills," he said. "Obviously, the military would do what they can, but I was taking a $1,600 pay cut a month. I was pretty emotional. I almost started crying in there."

In the aftermath, Borrayo said he felt slighted by the city.

"I gave this city 110 percent," he said while packing for a Thursday flight from San Francisco to Miami, "and for them to turn their back on me - I probably will not go back and work for them."

Ramsey, however, said the city never abandoned Borrayo - one of six to eight reservists on the city payroll - and wished him well.

"We appreciate his efforts on behalf of the country, and look forward to his safe return."

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