The Provo Daily Herald just published an odd editorial: Honor in resignation trying to link (former but soon to be rightfully restored) Rep Craig Frank's recent resignation to the situation of current Provo City-Wide Councilwoman Laura Cabanilla who is currently serving in Kuwait as a Colonel in the Reserves.
I fail to see the connection. It seems as if the Herald for some reason wants the Councilwoman to resign and is desperately trying to tie the two cases together. Anyone with an ounce of common sense can see the difference. One a bizarre map making error, the other fulfilling one's military duty.
I for one support Councilwoman Cabanilla. Is anyone else offended that The Herald so easily dismisses her willingness to serve our country in a time of war? If The Herald were so convinced of her need to resign where were they six months ago when the City gave her a proper send off?
I'm surprised The Herald's best idea is one of simple resignation. Federal law requires that a servicemember if called to serve cannot be fired and is entiled to their job when they return. Would the Board then have those in the private sector resign from their places of employment before fulfilling their military duty as well? Perhaps The Herald Editorial Board would benefit from brushing up on their HR basics: The USSERA - The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA 38 U.S.C. 4301-4335)
USERRA provides that returning service-members are reemployed in the job that they would have attained had they not been absent for military service...with the same seniority, status and pay, as well as other rights and benefits determined by seniority...USERRA also provides that while an individual is performing military service, he or she is deemed to be on a furlough or leave of absence and is entitled to the non-seniority rights accorded other individuals on non-military leaves of absence.
Provo residents still enjoy representation from their District Councilmember, the other City-Wide member and the Mayor. Additionally, the advance of technology allows those called to military service to still fulfill their duties as members of the Council. The Councilwoman has participated in meetings over the phone, and has on two separate occasions corresponded with my wife via email while overseas.
But really, is resignation the limit of The Herald's imagination? The Councilwoman was elected to a four-year term. The length of her call is expected to be one year. Could the Editorial Board not come up with a reasonable alternative? Senator Valentine is exploring options, including one that would allow the Member to appoint someone in their place for the duration of their leave. I understand the concerns such a proposal raises, but why not use it to further the dialogue? Other reasonable ideas would include, allowing the Council to appoint a temporary replacement or my preferred method would be allowing the Mayor to make the appointment.
In each alterantive the power is centered in one area or the other, either the Councilmember involved, the Council, or the Mayor. I understand the concerns. Perhaps there is some combination of all three, but it seems like this isn't rocket science. Let's define an appropriate process and follow it.
Resignation is unnecessary. Provo deserves better.
