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HomeMy WebLinkAboutRES-93-5600 (MOU/HB FIREFIGHTERS)1 `i 2 3 4 5 6 7 8 9 10 11 12 13 1 � 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93- 5600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH FIREFIGHTER'S ASSOCIATION GOVERNING THE CLASSIFICATIONS OF FIRE CAPTAIN, FIRE ENGINEER, FIREFIGHTER/PARAMEDIC, AND FIREFIGHTER WHEREAS, the Hermosa Beach Firefighter's Association members have elected to meet and confer with the City of Hermosa Beach on matters concerning wages, hours and working conditions; and, WHEREAS, the above personnel have selected certain individuals to represent them; and WHEREAS, Employee and Management representatives have jointly negotiated a Memorandum of Understanding which has been ratified by a majority vote of the members of the Firefighter's Association. Said Memorandum of Understanding is attached hereto as "Exhibit All; and, WHEREAS, the Employee representatives and the City Manager have mutually agreed to recommend that the City Council adopt this Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH RESOLVES to enter into said Memorandum of Understanding to be dated April 14, 1993 and to be effective for the period July 1, 1992 through and including June 30, 1994. BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in 1 2 3 4 5 6 7 8 -9- 10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 27 28 the minutes of the meeting at which time same is passed and adopted. PASSED, APPROVED and ADOPTED this 13th day of April, 1993. PRESID NT of the City Council and MAYOR of -the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney - I - NOI VIOOSSK i SlIalH9Id3HU HOKaS KSONUaH mu m8 aamasa-ddau SSa7cyicm aoi SNOIZICINOO OHImM aNy ` saDym ' sanoH 3HS, Hluoa 9I1ISz3S fmia vissuaami ao Wnamokm ?Kmoa K NOILTIDOSSY OEME I, imidI 80K88 KSOKERE NOTRs TOOKUHg dio asio an xaa"aff DRICW IOURC M ao xaatMOK ( f661 '0£ MMM - 9661 'T xZllr TABLE OF CONTENTS `..�' ARTICLE SUBJECT PAGE 17 ACCESS TO WORK STATION 5 21 ACTING POSITIONS & SPECIAL DUTY PAY 5 53 ADDITIONAL DUTIES 19 69 APPEAL OF DISCIPLINE 25 56 ARBITRATION 21 54 AUXILIARY FIREFIGHTERS 20 59 BASE MONTHLY SALARY 23 18 BULLETIN BOARD 5 37 CALL BACK 13 4 CITY COUNCIL APPROVAL 1 34 CITY VEHICLE USE 12 58 COMPENSATION 22 50 CONSTANT MANNING 18 7 CONSTITUTIONALITY 2 35 COURT PAY 12 36 COURT STANDBY PAY 12 67 DISCIPLINE, SUSPENSION, DISCHARGE 25 32 EARLY RELIEF POLICY 11 27 EDUCATIONAL INCENTIVE 8 6 EFFECTIVE AND TERMINATION DATES 2 24 EMPLOYEE ASSISTANCE AND PSYCHOLOGICAL HEALTH 7 64 EMPLOYEE -EMPLOYER RELATIONS SESSIONS 25 26 EMPLOYEE OPTION BENEFIT PROGRAM 8 73 EXECUTION 27 10 EXEMPT EMPLOYEES 4 70 EXIGENCY 26 9 FIRE SERVICE CONSOLIDATION 3 63 FURTHER STUDIES 24 55 GRIEVANCE PROCEDURES 20 40 HOLIDAYS 14 13 HOURS OF WORK 4 65 JURY DUTY 25 62 LAYOFF 24 47 LIFE INSURANCE 17 8 MANAGEMENT'S RIGHT RESERVED 2 23 MEDICAL EXAMS 6 66 MILITARY LEAVE 25 3 MUTUAL RECOMMENDATION 1 12 NO DISCRIMINATION 4 .20 NO REDUCTION 5 25 NON -TOBACCO PROVISION 7 29 OVERTIME 9 30 OVERTIME AUTHORIZATION 10 38 PAID VACATIONS 13 22 PARAMEDIC REASSIGNMENT 6 19 PAYROLL DEDUCTION 5 60 PERFORMANCE REVIEW 24 61 PHYSICAL FITNESS PROGRAM 24 \..d 1 PREAMBLE 1 51 PROBATIONARY PERIOD 18 57 PRODUCTIVITY 22 61 NOISISIHO*dd HoWdOSS MOM ZS LZ KINIKOUVO aO 'daAIVM TL LT aoxvm0'I'IK Nuoa IKfl 9 T 6 !)KiaaKSS AxvdNoo x0ri l oz ZT aNil !)KIKIVHs £ £ 1p aAV2n SAIIVHISININGV S i GHVMSSS ST OT saaWu IJIHS TE 9T LLNEiaHILLM SOIAMS-MOAT HO NOI YNINUal ZK SAVHq XO I S £ t VT SAV I x0IS TV It NOIW aXa XL VT 9T INSH I IM SO IAUH S S IF ST ASI'IIOK3 ao uoiooQ QOI 30 AIOIS,ms 6P v AIOISvixasSudau 30 adOOS TT LT SOAIKflKilxOJ A2ivgvs 8 t 9T ILKM S2iI Lau ST SNOI S IAOIld HaHIO I SAVa'I XDI S aO NOIIVInDRH Z t T NOIZIAI000au Z v T,IZOAI S'ISKA osvau 9T LZ SAIlOa33S NOI SIAOHd Z L P'"%1 ?Ombl1 \,010+ m TABLE OF CONTENTS ARTICLE 1 PREAMBLE............................................1 ARTICLE2 RECOGNITION.........................................1 ARTICLE 3 MUTUAL RECOMMENDATION...............................1 ARTICLE4 CITY COUNCIL APPROVAL...............................1 ARTICLE5 REPEALS.............................................1 ARTICLE 6 EFFECTIVE AND TERMINATION DATES.....................2 ARTICLE 7 CONSTITUTIONALITY...................................2 ARTICLE 8 MANAGEMENT'S RIGHT RESERVED .........................2 ARTICLE 9 FIRE SERVICE CONSOLIDATION ..........................3 ARTICLE 10 EXEMPT EMPLOYEES....................................4 ARTICLE 11 SCOPE OF REPRESENTATION .............................4 ARTICLE 12 NO DISCRIMINATION...................................4 ARTICLE13 HOURS OF WORK.......................................4 ARTICLE 14 7K EXEMPTION........................................4 ARTICLE 15 STEWARD'S ADMINISTRATIVE LEAVE......................4 ARTICLE 16 REASONABLE NOTICE...................................4 ARTICLE 17 ACCESS TO WORK STATION ..............................5 ARTICLE18 BULLETIN BOARD......................................5 ARTICLE19 PAYROLL DEDUCTION...................................5 ARTICLE 20 NO REDUCTION........................................5 ARTICLE 21 ACTING POSITIONS & SPECIAL DUTY PAY.................5 ARTICLE22 PARAMEDIC REASSIGNMENT ..............................6 ARTICLE23 MEDICAL EXAMS.......................................6 ARTICLE 24 EMPLOYEE ASSISTANCE AND PSYCHOLOGICAL HEALTH ........ 7 ARTICLE 25 NON—TOBACCO PROVISION...............................7 ARTICLE 26 EMPLOYEE OPTION BENEFIT PROGRAM.....................8 ARTICLE27 EDUCATIONAL INCENTIVE...............................8 ARTICLE 28 TRUCK COMPANY STAFFING ..............................9 ARTICLE 29 OVERTIME... ................. *000e*oe***oeoe*eose**ee9 ARTICLE 30 OVERTIME AUTHORIZATION .............................10 ARTICLE 31 SHIFT TRADES.......................................10 ARTICLE 32 EARLY RELIEF POLICY................................11 ARTICLE 33 TRAINING TIME......................................12 ARTICLE 34 CITY VEHICLE USE...................................12 ARTICLE 35 COURT PAY..........................................12 ARTICLE 36 COURT STANDBY PAY..................................12 ARTICLE37 CALL BACK..........................................13 ARTICLE 38 PAID VACATIONS.....................................13 ARTICLE 40 HOLIDAYS...........................................14 ARTICLE 41 SICK LEAVE.........................................14 ARTICLE 42 REGULATION OF SICK LEAVE & OTHER PROVISIONS ........ 15 ARTICLE 43 SICK LEAVE AT TERMINATION OR NON -SERVICE RETIREMENT ..........................16 ARTICLE44 RETIREMENT.........................................16 ARTICLE45 SERVICE RETIREMENT.................................16 ARTICLE46 UNIFORM ALLOWANCE..................................17 ARTICLE 47 LIFE INSURANCE.....................................17 ARTICLE 48 SALARY CONTINUANCE.................................17 ARTICLE 49 SELECTION OF IOD DOCTOR OR FACILITY................18 ARTICLE 50 CONSTANT MANNING...................................18 ARTICLE 51 PROBATIONARY PERIOD................................18 ARTICLE 52 WORK STOPPAGE PROHIBITION ..........................19 ARTICLE53 ADDITIONAL DUTIES..................................19 ARTICLE 54 AUXILIARY FIREFIGHTERS .............................20 ARTICLE 55 GRIEVAiNCE PROCEDURES...............................20 ARTICLE56 ARBITRATION........................................21 ARTICLE 57 PRODUCTIVITY.......................................22 ARTICLE 58 COMPENSATION.......................................22 ARTICLE 59 BASE MONTHLY SALARY................................23 ARTICLE 60 PERFORMANCE REVIEW.................................24 ARTICLE 61 PHYSICAL FITNESS PROGRAM ...........................24 ARTICLE62 LAYOFF.............................................24 ARTICLE63 FURTHER STUDIES....................................24 ARTICLE 64 EMPLOYER-EMPLOYEE RELATIONS SESSIONS...............25 ARTICLE 65 JURY DUTY..........................................25 ARTICLE 66 MILITARY LEAVE.....................................25 ARTICLE 67 DISCIPLINE, SUSPENSION, DISCHARGE..................25 ARTICLE 69 APPEAL OF DISCIPLINE...............................25 ARTICLE70 EXIGENCY...........................................26 ARTICLE 71 WAIVER OF BARGAINING...............................27 ARTICLE 72 PROVISION EFFECTIVE................................27 ARTICLE 73 EXECUTION..........................................27 xEMORANDUX OF UNDERSTANDING BETWEEN TSE CITY OF HERMOSA BEACH AND THE HERXOSA BEACH FIREFIGHTERS-* ASSOCIATION ARTICLE 1 - PREAMBLE This Memorandum of Understanding has been entered into pursuant to the laws of the State of California and the City of Hermosa Beach, hereinafter referred to as the City, and has been executed by the City Manager on behalf of the City, and the Hermosa Beach Firefighters, hereinafter referred to as the Association. ARTICLE 2 - RECOGNITION A. Pursuant to the Association's petition to the City dated March 25, 1982, and applicable State laws, Firefighters' Associa- tion is acknowledged by the City as the majority representative of the employees in the following classifications: Firefighter Firefighter/Paramedic Fire Engineer Fire Captain B. It is understood that Fire Captains are included in the bar- gaining unit. However, because of the nature of the department and the lack of another supervisory employee rank between Fire Captain and Fire Chief/Director of Public Safety, Fire Captains will be permitted to function as management. Part of the duties of the Fire Captain will be to carry out the direction of manage- ment in regard to directing the work force. ARTICLE 3 - MUTUAL RECOJMENDATION This Memorandum of Understanding constitutes a mutual recommenda- tion by the parties to the City Council. It is expressly intend- ed that the duties, responsibilities, and functions of the City in the operation of its Fire Department shall in no manner be impaired, subordinated, or negated by any provisions of this agreement. ARTICLE 4 - CITY COUNCIL APPROVAL It is, however, the mutual understanding of all the parties here- to that such Memorandum of Understanding will become effective upon approval by the City Council of the City of Hermosa Beach. ARTICLE 5 - REPEALS The provisions of this Memorandum of Understanding together with those wages, hours, and other terms and conditions of employment in existence prior to July 1, 1992, which are subject to negotia- tions pursuant to Section 3504 of the Government Code and are not - 1 - a.d rn changed by this Memorandum, shall constitute the wages, hours, and terms and conditions of employment for the employees during the terms of this Memorandum of Understanding. ARTICLE 6 - EPPECTIOE AND TERMINATION DATES This Memorandum of Understanding shall become effective July 1, 1992, and will continue through June 30, 1994, with respect to all fire safety employees of the City of Hermosa Beach. During the period covered by this Memorandum of Understanding, any items concerning wages, hours, and other terms and conditions of em- ployment provided by this Memorandum of Understanding shall re- main in effect unless the parties agree to revise the same as a written modification to this Memorandum of Understanding, subject to the limitations expressed in Section 3504 of the Government Code. ARTICLE 7 - CONSTITUTIONA7LITY If any section, subsection, subdivision, sentence, clause, or phrase of this Memorandum of Understanding is for any reason held to be illegal or unconstitutional, such decision shall not effect the validity of the remaining portion of this Memorandum of Understanding. ARTICLE 8 - XANAGZXBMT-48 RIGHTS RESERVED 1. Manage the City. 2. Schedule working hours. 3. Establish, modify or change work schedules or standards. 4. Institute changes in procedures. 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee. 6. Determine the location of any new facilities, building, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof. 7. Determine services to be rendered. 8. Determine the layout of buildings and equipment and materials to be used herein. 9. Determine processes, techniques, methods and means or performing work. 10. Determine the size, character and use of inventories. 11.- Determine the financial policy including accounting procedures. 12. Determine the administrative organization of the system. 13. Determine selection, promotion, or transfer of employees. 14. Determine the size and characteristics of the work force. 15. Determine the allocation and assignment of work to employees. 16. Determine policy affecting the selection of new employees. 17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required. 18. Determine administration of discipline. 19. Determine control and use of City property, materials and equipment. 20. Schedule work periods and determine the number of work N%ftwl periods. 21. Establish, modify, eliminate or enforce rules and regulations. 22. Place work with outside firms. 23. Determine the kinds and numbers of personnel necessary. 24. Determine the methods and means by which such operations are to be conducted. 25. Require employees, where necessary, to take in-service training courses during working hours. 26. Determine duties to be included in any job classifications. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any necessary action to carry out the mission of the City in cases of an emergency. U B. The exercise of the foregoing powers, rights authority, duties and responsibilities by the City, the adoption of poli- cies, rules, regulations and practices in furtherance thereof, and the use of judgment and the discretion in connection there- with, shall be limited only by the terms of this Memorandum of Understanding, City Personnel Ordinance, Personnel Rules and Reg- ulations, current established practice, and other statutory law. C. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of managements' rights shall impact on the employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon request by the Association, regarding the impact of the exercise of such rights unless the matter of the exercise of such rights is pro- vided for in this Memorandum of Understanding. ARTICLE 9 - FIRE SERVICE CONSOLIDATION A. In the event that the City should relinquish certain man- agerial functions due to consolidation or merger, the City will notify the Association in order to meet and reach an agreement with the Association where such consolidation or merger affects the hours, wages or other terms and conditions of employment of the work force of the Fire Department. B."The City agrees that, should it exercise its management right to consolidate or otherwise contract out all or part of the fire safety function, all accrued [vacation, sick, comp. time, not yet utilized as of the consolidation date shall either be paid in full or transferred to the new provider; for employees so trans- ferring, they shall have the choice of cash in/retention of said accrued leaves. 3 - ARTICLE 10 - EXEMPT EMPLOYEES A. The Classification of Fire Captain is part of the Firefighter bargaining unit but, for purposes of the Fair Labor Standards Act, is designated as exempt. B. For purposes of FLSA pay and overtime, Fire Captains will be treated the same as non-exempt classifications. C. It is understood that the Captains, as management, may from time to time have to rearrange the manpower on any particular shift. ARTICLE 11 - SCOPE OF REPRESENTATION The scope of representation of the Association shall include all matters relating to employment condition and employer-employee relations including wages, hours, and other terms and conditions of employment. ARTICLE 12 - NO DISCRIMINATION It is agreed that neither the Firefighters' Association nor the City shall discriminate against any employee because of race, national origin, color, creed, medical condition, martial status, age, sex, handicap, political or religious opinions or affilia- tions or, Association or non -Association membership. ARTICLE 13 - HOURS OF WORK All employees covered by this Memorandum of Understanding shall work shifts of twenty-four (24) hours in such a manner that they average 56 hours per week. ARTICLE 14 - 7X EXEMPTION The City of Hermosa Beach has exercised its ability to take a statutory 07K" exemption for sworn fire personnel. The work peri- od for such employees shall be twenty eight (28) days in length commencing on April 16, 1986 at 7:00 a.m. (0700). ARTICLE 15 - STEWARDOS ADMINISTRATIVE LEAVE The City shall provide an aggregate total of three (3) shifts per year for use by the Association stewards to attend employer- employee related seminars, conferences, etc., such times subject to mutual agreement with the Fire Chief/Public Safety Director and the availability of replacement personnel. ARTICLE 16 - REASONABLE NOTICE It is mutually understood and agreed that a copy (via the United ,%WW States postal service) of the City Council and/or Personnel Board agenda for each meeting, mailed to the Association, shall con- stitute reasonable written notice, and notice of an opportunity 4 - to meet with such agencies, on all matters within the scope of representation upon which the City Council or Personnel Hoard may act. � ARTICLE 17 - ACCESS TO WORK STATION The City agrees to grant official representatives of the Associa- tion the access and right to discuss any grievance or problem arising under the terms of this Agreement with any employee during working hours. It is agreed that there will be as little interference as possible by the Association Representative during the working hours of said employee. It is agreed that the As- sociation Representative shall be permitted to conduct a rea- sonable amount of Association business regarding grievances during working hours without loss of pay and that the Association may use City facilities to conduct meetings when such facilities are available. ARTICLE 18 ----BULLETIN BOARD One bulletin board will be provided upon which the Association �y-pos_t_only--pas- of recreational, health and welfare, and social affairs, notices of meetings or election. The posting of any other classes of notices -or the distribution of any written or printed notices, cards., -pamphlets or literature of any kind at City work stations or premises is.prohibited without the prior permission of the City Manager or an authorized departmental man- agement official. 11*�/ ARTICLE 19 - PAYROLL DEDUCTION -- - It is mutually agreed that the City will, during the term of this g _ deduct monies and remit to the Association (as au- thorized b oyee Payroll Deduction Authorization) a deduction for dues and insura e,_providing there is not more than one such deduction per pay person. ARTICZB 24 - NO REDUCTION It is agreed that no member of the Association by virtue of the adoption of this Agra shall suffer a reduction in working conditions and/or other benefits not otherwise enumerated in this Memorandum of Understanding. 21 - ACTING POSITIONS i SPECIAL DUTY PAY A. Any employee assigned to perform the duties of a higher job classification shall receive acting pay of an additional 5% above his regular rate of pay as determined on Base Salary (exclusive of premium, bonus, incentive or other pay). B. In addition to the permanent Fire Engineer position, any em- ployee covered by this agreement, who is assigned the duties and responsibilities of Fire Engineer on an engine and who may be called upon to perform the duties of Fire engineer at the scene of an emergency by laying lines, deploying hand lines, pumping 5 - water, or having water flowing through the engine during a shift, shall be eligible for acting pay for that shift. Should an employee so assigned not complete an entire shift (24 hrs.) he shall receive acting pay only for those hours actually worked. C. Acting Pay shall be paid monthly. D. An employee covered by this agreement and assigned to perform any of the duties _listed -below- shall receive an additional 5% above his-Base^Salary for each month so assigned. 1. Plan Check officer 2. Paramedic Coordinator 3. Department Mechanic E. The City and Association mutually agree to meet, as the need may arise, to develop additional Special Duties pay categories. ARTICLE 22 - PARAMEDIC REASSIGNMENT A. After a P edic has worked in the paramedic classification for a period of no ess than five-(5).consecutive years, he may return to the class ifi n of Firefighter. The intended pur- pose is to provide the parame 'th the opportunity of reas- signment. It is understood that in event of such reassign- ment, the member will be placed at the step in -the -Firefighter base salary range corresponding to his step at the Paramedic sal- ary range. This reduction will remain in effect until such time that the member either returns to paramedic duty or promotes to a higher rank within the Department. Additionally, the Fire Chief/ Public Safety Director has the authority to retain sufficient personnel, certified as a paramedic, to maintain the required level of service. B. When a vacancy occurs in the Paramedic classification, prior to any- new -entry level examination process, a promotional ex- amination will be conducted with all current Firefighters, who meet the minimum requirements, eligible to participate in the examination process. ARTICLE 23 - MEDICAL -BEAMS A. All employees covered by this agreement shall be provided with a complete -physical exam on a biennial schedule. B. Said physical to be at a location of the City's choice and at the City's expense. 6 - C. The physical exam is to include the following procedures as medically indicated: 1. Physician systemic examination 2. Audiometry 3. Occult Blood 4. Comprehensive Blood Panel and Urinalysis 5. Exercise prescription/Physician Consultation Additional procedures such as tonometry, spirometry, chest x-ray, body composition analysis, resting 12 -lead electrocardiogram, maximal exercise stress test, oxygen uptake analysis, and strength and flexibility testing may be performed as medically appropriate. ARTICLE 24 - EMPLOYEE ASSISTANCE AND PSYCHOLOGICAL HEALTH A. The City will provide to all employees covered by this agree- ment the equivalent of the Employee Assistance Program (EAP) that is in effect as of July 1, 1986. B. City will continue to provide the Psychological Health Plan that is in effect as of July 1, 1986 or its equivalent. ARTICLE 25 - NON -TOBACCO PROVISION The City and the Association agree that smoking is a major health hazard and therefore further agree: A. All current employees covered by this agreement will strive to be non-users of tobacco products; B. The use of tobacco products on duty is prohibited nor shall it be permitted at the Fire Station; D. Employees hired July 1, 1986 or later, shall be non -tobacco users and all job bulletins announcing employment opportunities in the Fire service shall specify that only non -tobacco users need apply; such employees shall remain non -tobacco users while in the employee of the City. Violation of this provision by a permanent employee shall result in an EAP referral and necessi- tate compliance with the EAP developed service plan. Failure to do abide by the aforementioned will result in dismissal; H. All employees hired after July 1, 1986 shall, at the time of their initial hire (and yearly thereafter) verify that they are non -tobacco users; I. The purpose of the above agreement is to reduce the risk of cancer which may be considered a job related illness among em- ployees covered by this agreement. 7 - ]ARTICLE 24 - EKPLOYEE OPTION BENEFIT PROGRAM Section 1. Purpose To provide a benefit package which allows the individual fire- fighter to select benefits according to his/her particular needs. Section 2. Amount of Benefit Effective April 1, 1983 the amount of benefit is $569.38 monthly. At such time as the three party (family) premium exceeds $724.00 per month, the EOB benefit shall be increased by 55% of the in- crease in the cost of the Indemnity Medical Plan for coverage of the Employee plus dependents. Any increase in the EOB Benefit is to be effective coincidental to the effective date of the Indem- nity Medical Plan cost increase. Section 3. Benefit Options a. Medical Insurance 1. An employee entitled to his EOB must either purchase Medi- cal insurance through the City or provide the City with proof of coverage for medical insurance by other means. 2. Either the Indemnity or the HMO Medical insurance plan may be utilized. Effective April 1, 1993, employees covered by this agreement shall be responsible for the current co -pay amounts in effect for the HMO and Indemnity coverages. b. Dental Insurance 1. Either the Indemnity of the HMO Dental plan may be utilized. c. Vision Insurance. d. Deferred Compensation. e. Cash Payment 1. Monthly with regular paychecks ARTICLE 27 - EDUCIATIONAL IMC$NTIVE A. *In recognition of formal educational, vocational and techni- cal training the City agrees to the following incentive program for all Fire Department employees covered by this MOU: 1. $100.00 per month for State Fire Officers (SFO) Certificate, and, notwithstanding the above; 2. $100.00 per month for 30 Units College Fire Science �...! Courses, plus an additional - 8 - 3. $100.00 per month for 60 Units College Fire Science Courses OR Associates in Arts Degree (AA); Also: 4. $175.00 per month for a Captain or Engineer Certified as a Paramedic. 5. $300.00 per month for BA/BS Degree from an accredited educational institution (excludes 30 & 60 FS unit and AA degree), and, 6. $100.00 per month for Emergency Medical Technician Certificate (EMT -1) * (* EMT -1 Premium available for classifications other than Paramedic.) B. SFO and EMT -1 Certificate may be combined with academic premium. C. Effective 7/1/87 Captain not eligible for SFO premium D. Retroactivity for payment of any of the above premiums shall be limited to a maximum of three (3) months. ARTICLE 28 - TRUCK COMPANY STAFFING A. At such time as City finds that a "Truck Company" is neces- sary, Engineer manning shall be increased to two (2) per shift. B. In the event of "B", City and Association shall meet to dis- cuss appropriate "Truck Company" staffing requirements. ARTICLE 29 - OVERTIME A. All employees covered by this agreement who are required to perform in excess of the standard work period of 212 hours in a 28 day cycle shall receive compensation at the rate of time and one-half his/her regular rate of pay. The regular rate of pay shall include the following components in addition to Base salary: 1. Educational Incentive 2. Special Assignment Pay (ie: Plan Check) 3. Acting Pay B. All employees covered by this agreement who are required to perform less that 212 hours in a standard work period of 28 days, shall receive compensation at the straight time regular rate of pay or compensatory time on an hour for hour basis. C. No employee covered by this agreement shall accrue more than one hundred forty four (144) hours of such compensatory time. Should any employee exceed one hundred forty four (144) hours of 9 - accrued compensatory time, he/she shall receive compensation at the straight time regular rate of pay D. In determining an employee's eligibility for overtime compen- sation in a work period, paid leaves of absences and unpaid leaves of absences shall be excluded from the total hours worked. Paid leaves of absences include, but are not limited to, the following: 1. Vacation 2. Holiday Leave 3. Sick Leave 4. Administrative Leave 5. Compensatory Leave 6. Workers' Compensation Leave 7. 4850 Time 8. Jury Duty (compensated by the City) 9. Bereavement Leave 10. Military Leave E. All extra time worked (commonly referred to as overtime) will be distributed as equally as possible among regular full time Association members within the classifications. F. All employees covered by this agreement forced to work in a lower classification shall receive their regular rate of pay. G. No employee shall be required to work overtime until all available employees have been contacted. H. All hours spent acquiring continuing education for the pur- pose of maintaining certification as a paramedic shall be con- sidered hours worked for FLSA purposes. ARTICLE 30 - OVERTIME AUTHORIZATION A. All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit ver- bal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon as thereafter practicable. Dispatched calls beyond the end of duty time are considered as authorized. B. An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request. ARTICLE 31 - SHIFT TRADES A. The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. 10 - B. A member desiring a shift trade (exchange) shall: 1. Prepare and submit with proper signatures a "shift exchange form" to his supervisor. 2. Exchange shifts with members of equal rank or classifica- tion, or members that can be assigned to perform in an acting capacity (non -compensated), or can perform the same duties as the requestor. 3. Make sure the exchange is approved by the proper supervi- sor(s) upervi- sors) before the trade occurs. C. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. Shift trades are not to be used in lieu of accrued vacation and/or comp. time. More than three consecutive shift trades requested will be approved only when accompanied by a val- id justification (i.e. educational commitments, use of required yearly vacation already taken, manning shortages, or cancellation of other time off by the Department). D. The employee providing the trade shall not have his/her com- pensable hours increased as a result of the trade; nor shall the employee receiving the trade have his compensable hours decreased as a result of the trade. Any hours worked beyond the normal work day will be credited to the individual actually doing the work. �w E. Once approved, shift trade dates and/or repayment dates may not be changed unless circumstances justify the change and must be submitted in writing to the requestor's Captain for approval. F. "Paybacks" of shift trades are the obligation of the two em- ployees involved in the trade. Paybacks are to be completed within one (1) year of the date of the initial shift trade. Any dispute as to paybacks is to be resolved by the involved em- ployees, and under no circumstances will the department be obli- gated for any further compensation whatsoever to any of the in- volved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. G. A record of all initial shift trades and "paybacks" shall be maintained by the Fire Captains. H. If one individual fails to appear for the other (regardless of the reason), the person who traded in to the schedule will be listed as absent without leave and may be subject to disciplinary action. ARTICLE 32 - EARLY RELIEF POLICY The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours in- creased as a result of the early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved em- ployees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employ- ment of the City or are assigned to other duties. ARTICLE 33 - TRAINING TIME A. Attendance at training schools/ facilities (including the Academy) which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus or to barracks 24 hours a day. This provision is not intended to waive any employee's rights for purposes of Workers' Compensation benefits. B. Training mandated by the Department on an employee's day off shall be compensated for actual time spent in training. C. Travel time to and from the training facility outside of an employee's normal work shift is not normally compensable hours of work, however, reasonable requests for travel time shall be ad- justed between the Department Head and the Employee. Nothing in this article is intended to waive the employee's rights for pur- poses of Workers' compensation benefits. ARTICLE 34 - CITY VEHICLE USE Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. (this provision also ap- plies in those situations where the radio must be left on and monitored. ARTICLE 35 - COURT PAY When an employee covered by this agreement is physically called to court, he/she shall be credited on an hour for hour basis for the time actually spent in court. Travel time shall not be con- sidered hours worked and shall not be compensated in any manner whatsoever. This provision is not intended to waive the em- ployee's rights for purposes of Workers' Compensation benefits. ARTICLE 36 - COURT STANDBY PAY A. An employee may leave a telephone number where he/she may be reached while on court standby. Such time is not considered hours worked and will not be compensated in any manner whatsoever. - 12 - B. Alternatively, an employee on court standby shall report, vith the permission of the Department, to the Fire facility, in uni- form, for assignment while awaiting court. An employee shall be credited on an hour for hour basis for time actually worked while on standby. Travel time to the Fire facility shall not be con- sidered hours worked and shall not be compensated in any manner whatsoever. ARTICLE 37 - CALL BACK A. Call back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift. Call back does not occur when an employee is held over from his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of four (4) hours work commencing when he/she reports to duty. Any hours worked in excess of four (4) hours shall be credited on an hour for hour basis for actual time worked. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. B. An employee who is held over -at the end of his/her shift for an emergency shall be credited with a minimum of two (2) hours work. ARTICLE 38 - PAID VACATIONS A. Employees covered by this agreement shall receive paid annual vacations pursuant to the terms of this Article. B. Vacation requests will be made by employees as far in advance as possible in order to insure time off as required. All vaca- tion time schedules will be posted on the board by the Department at least three (3) weeks in advance. C. All Association members within the classification shall have the first week after the list is posted on the board to fill the openings. All other personnel may sign for any open shifts after the first week. If any shift remains open after the second week, the Captain may require department personnel to fill them. The parties agree that a list be kept of overtime for vacation, holi- day, sick leave, and emergency. D. Paid vacations to be as follows: Upon Hire -------- 5 shifts/year Commencing with the Third Year --------- 6 shifts/year Commencing with the Sixth year --------- 7 shifts/year Commencing with the Tenth year --------- 9 shifts/year Commencing with the Fifteenth Year -----11 shifts/year Commencing with the Nineteenth year ----12 shifts/year E. Provided however, no current employee shall have an accrual rate less than said rate in effect as of June 30, 1989. F. All employees shall take vacation time off within each fiscal year. - 13 - G. An employee may accrue vacation to a maximum of 15 shifts (360 hrs). Cash out of any earned but unused vacation accrual in excess of 360 hrs. shall be automatically cashed out as part of the June 30th payroll. Cash -out of excess vacation accrual shall be at the employees' regular rate of pay. H. Additionally, upon utilization of vacation, an employee covered by this agreement may cash in vacation on a one for one basis up to a maximum of six (6) shifts per year. Cash -in of Vacation accrual shall be at the employees' regular rate of pay. I. In the event that an employee desires to accumulate vacation time from year to year, the employee may do so providing permis- sion has been received from the City Manager; City Manager shall not unreasonably withhold such permission. J. Requests for vacation time of more than three (3) shifts must be submitted to the Captain at least three (3) shifts in advance. ARTICLE 40 - HOLIDAYS A. All employees who are covered by this agreement shall accrue Holiday Comp time at a rate of ten (10) hours per month (five shifts per year); B. Requests for Holiday Comp time off of more than three (3) shifts shall be submitted to the Captain at least three (3) shifts in advance. Only one (1) Captain and one (1) Engineer may be off at the same time. C. There shall be an accrual cap of 480 hours; all hours in ex- cess of this maximum shall be automatically cashed out as part of the June 30th payroll. Said cash out to be at the employee's regular rate of pay. ARTICLE 41 - SICK LEAVE A. All Association Members shall accrue twelve (12) hours per month sick leave (6 shifts per year). B. Effective July 1, 1986, all employees with a minimum sick leave balance of 242 hours MAY annually cash in up to two hundred (200) hours of sick leave per year in excess of 242 hours. The annual date and number of hours shall be the employee's choice. Said cash out will be at the employee's regular rate of pay. C. Employees hired prior to July 1, 1989 shall have an accrual cap of 2000 hours. All hours in excess of this maximum shall be automatically cashed out as part of the June 30th payroll at em- ployees' regular rate of pay. Employees whose accrual balance exceeds 2000 hours as of July 1, 1989 shall be allowed to main- tain that balance. - 14 - D. Employees hired July 1, 1989 or later shall have an accrual cap of 1200 hrs. All hours in excess of this maximum shall be automatically cashed out as part of the June 30th payroll at em- ployees regular rate of pay. ARTICLE 42 - REGULATION OF SICK LEAVE i OTHER PROVISIONS A. Use of Sick Leave 1. Sick leave shall be used only in case of sickness or dis- ability of the employee or for family sick leave. Misuse of sick leave shall be grounds for disciplinary action. B. Procedure 1. To receive compensation while absent on sick leave, em- ployees shall notify the City per the Department's sick leave policy. 2. When absence is for more than two (2) consecutive shifts the City may request the reason for -the absence be verified by a written statement, stating the cause of absence, from an attend- ing physician. The employee shall furnish any other proof of sickness reasonably required by the City. C. Family Sick Leave 1. In case of serious illness or death of a member of the immediate family, the employee may utilize sick leave. 2. Pregnancy (maternity or paternity) is an allowable use. 3. Immediate family for the purpose of this Section shall be defined as : spouse, mother, mother-in-law, father, father-in- law, sister, brother, (step)child or guardian, stepfather, step- mother, grandparents or grandchildren. 4. Such time shall be deducted from the existing sick leave of the employee. 15 - ARTICLE 43 - SICK LEAVE AT TERXI11ATI0X OR NON -SERVICE RETIREMENT A. For employees hired prior to July 1, 1989 and upon termina- tion, either voluntary or involuntary, from City employment, or Medical/Psychological retirement, sick leave will be paid, at the employees' regular rate of pay, according to the following standards: 1. 25% of all accrued sick leave for 5 thru 9 years con- tinuous service. 2. 50$ of all accrued sick leave for 10 thru 19 years con- tinuous service. 3. 75% of all accrued sick leave for 20 plus years continuous service (exception: for medical retirement at age 50+ with 20 years or more of continuous service, cash -out shall be at em- ployees' forty -hour rate). B. For employees hired July 1, 1989 or later and upon termina- tion, either voluntary or involuntary, from City employment, or Medical/Psychological retirement, sick leave shall be paid, at the employees' regular rate of pay, according to the following standards: 1. SO of all accrued sick leave for 10 or more years of continuous service. ARTICLE 44 - RETIREMENT A. Employees covered by this Agreement shall be provided with the California Public Retirement System, 2% at 50 Plan with sec- tion 20024.2 - One year final compensation (twelve highest paid consecutive months) included. City shall pay the employee 9% contribution. B. City and Association agree that, during the term of this MOU, the City shall amend the P.E.R.S. contract to include Section 20930.3 - Military Service Credit as Public Service. Said amend- ment shall become effective as soon as practicable following ex- ecution of this MOU. ARTICLE 45 - SERVICE RETIREMENT A. * Employees hired prior to July 1, 1989 may elect to receive the cash value of their monthly accrual for vacation, Sick, and Holiday Comp included as part of their base monthly salary in lieu of receiving any further accrual during their final twelve months of service. No conversion of benefits that were accrued prior to the conversion period shall be allowed. B. In addition to "A" above, employees hired prior to July 1, 1989 may elect to receive the employee's 9% P.E.R.S. contribution credited to base salary. Upon such election, the employee shall commence payment of the P.E.R.S. contribution for their salary. 16 - 1*00" Nft,,✓ C. In order to be eligible for conversion of accruals, the em- ployee must announce their service retirement a minimum of twelve (12) months in advance. D. The value of the converted leave (sick, vacation, holiday comp) shall be computed at the employees' forty (40) hour rate of pay. E. At no time shall this additional compensation so received act in any way to increase any other premium pays (e.g. acting pay) which are computed as a percentage of base pay, nor shall the cash value of said sick leave be included in the computation of the value of any accrual cash -outs. F. Upon service retirement, 75% of any remaining accrued sick hours shall be cashed out computed at the employees forty -hour (40 hour) equivalent rate of pay (exclusive of any conversion amount) . G. For employees hired prior to July 1, 1989, upon service re- tirement, the employees accumulated holiday comp. and vacation accrual accounts shall be cashed out at the employees forty -hour (40 hr.) equivalent rate of pay (exclusive of any conversion amount) . H. Employees hired July 1, 1989 or later may convert their monthly vacation, sick, and holiday comp accrual during their final twelve months service on a prospective basis only. Conver- sion amounts shall be at the employee's regular rate of pay (56 hour rate). Excess accruals shall be cashed out at the em- ployee's regular rate of pay (56 hour rate). ARTICLE 46 - UNIFORX ALLOWANCE A. All permanent personnel covered by this Agreement shall be authorized a yearly maintenance and replacement uniform allowance of three hundred ($300) dollars per year. ARTICLE 47 - LIFE INSURANCE A. All employees covered by the Agreement to be provided Life Insurance in the amount of $27,500 at City expense. ARTICLE 48 - SALARY CONTINUANCE A.' Management agrees to contribute for each member of the Unit the sum of $33.90 per month per person toward the purchase of a Long Term Disability Plan. Any cost in excess of this shall be borne by the Associaton. B. Effective upon, and ocincidential to, the date the FFA as- sumes all responsibility for the provision/administration or, and premium payment for, the LTD plan, the City's premium contribu- tion of $33.90/employee/month shall cease and the amount of bene- fit for the Employee Option Benefit Program (Article 26) shall be increased by $33.90. - 17 - U `%no/ C. All Association members shall be required to be covered under the LOT plan. B. The use of accrued sick and/or other time shall not be neces- sary beyond the 30 day waiting period prior to utilization of the LTD plan. C. An employee utilizing the LTD plan shall not accrue vacation, sick leave, holiday comp or allowances after the 30th day after disability leave. ARTICLE 49 - SELECTION OF IOD DOCTOR OR FACILITY It is understood that the City will provide medical facilities to be used for industrial accidents or illness. However, in the event that the Association members covered by the M.O.U. wish to grieve the City's selection, the City will give due consideration to the facts presented and select a new facility based on all facts presented if necessary. This provision in no manner is in- tended to waive or abrogate employees Workers' Compensation rights under the under the California Labor Code. ARTICLE 50 - CONSTANT MANNING A. The term "constant manning" refers to procedures established to ensure that fire suppression staffing levels are maintained at a predetermined number of personnel. A predetermined number of personnel is established by the number of currently authorized Fire Department positions and by the organizational assignment of personnel. The Association and the City agree that for and during the term of this agreement the established staffing level shall be a minimum of five (5) persons per shift and an agreed upon goal of six (6) per shift. B. City and Association agree to meet and confer should the financial position of the City improve to the extent that would allow a return to a minimum staffing of six (6) per shift. ARTICLE 51 - PROBATIONARY PERIOD Original appointments to the Fire Department shall serve a proba- tionary period of eighteen (18) months. Promotional appointments shall serve a probationary period of twelve (12) months. Firefighter/Paramedic promotional candidates shall be probation- ary while attending paramedic school and for a twelve month peri- od following certification. Probationary periods may be extended for a period not to exceed six (6) months. - 18 - ARTICLE 52 - WORK 8TOP?AQZ PROHIBITION A. Prohibited Conduct: '''"� 1. The Association, its officers, agents, representatives, and members, agree that, during the term if this Memorandum of Under- standing or any agreed upon extensions of the M.O.U., they will not call or engage in any strike, walkout, work stoppage, sick- out, blue flu, concerted withholding of services by employees represented by the Association, disruption of City services, or honor any job action by any other employee or group action by any other employee or group of employees of the City or any union or association of employees by withholding or refusing to perform services; provided, however, that by executing this agreement, neither the Association nor any of its members waive their rights (1) under Section 6300 et. seq. of the California Labor Code to refuse to work under unsafe conditions and (2) under the United States and California Constitutions to exercise their rights of freedom of speech, assembly, and association such as by engaging in unlawful informational picketing. 2. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct pro- hibited above, the Association shall immediately instruct, in writing, any persons engaging in such conduct that their actions are in violation of this Memorandum of Understanding and are un- lawful, and that they must immediately cease such conduct and return to work. 3. In the event that the Association carries out in good faith its responsibilities set forth in Paragraph 2 above, it shall not be liable for the actions of any individual who participates in conduct prohibited by Paragraph 1 above. Any employee who par- ticipates in any conduct prohibited above and violates any other City Rule or Regulation, shall be subject to disciplinary action including termination by the City. This shall not abrogate the right of any employee to receive all due process guaranteed to him or her in procedures relating to disciplinary action. ARTICLE 53 - ADDITIONAL DUTIES The Association Members hereby agree to: A. Perform minor interior, exterior, and grounds maintenance and repair in and about the Fire Station. B. Perform coordination and enforcement of Ordinances relating to Fire Life Safety issues such as: 1. Weed Abatement; 2. Abandoned Vehicles, 3. Hazardous Materials. ,%WWI C. Perform emergency preparedness coordination duties including monthly maintenance and testing of emergency power system. - 19 - ARTICLE 34 - AUXILIARY FIREFIGHTERS No member of the auxiliary/reserve/paid call firefighters or N%W111 other such volunteer program firefighters will be used to replace regular employees in the Fire Department in overtime situations. However, in the event there are no regular, full-time fire- fighters available, the City, upon notification to,the Associa- tion, and approved by same, may use auxiliary/reserve/paid call personnel in overtime situations in order to maintain the proper minimum manning level. ARTICLE 55 - GRIEVANCE PROCEDURES A. Purpose of Grievance Procedures: 1. To promote improved employer-employee relations by es- tablishing procedures on matters. 2. To provide that grievances shall be settled as near as pos- sible to the point of origin. 3. To provide that the grievance procedures shall be as infor- mal as possible. B. A "Grievance" shall be defined as a controversy between the City and the Association or an employee or employees covered by this Agreement. Such controversy must pertain to any of the following: N%W/ 1. Any matter involving the application of any provision of this Agreement; or 2. Any matter involving the violations of any provision of in- tent of this Agreement; or 3. Any matter that affects the working conditions of the em- ployee or the application of all rules, regulations, policies and/or laws affecting the employees covered by this Agreement. C. Disciplinary actions shall not be appealed under the provi- sions of this section. D. There shall be earnest effort on the part of both parties to settle grievances promptly through the steps listed below. STEP 1. An employee's Grievance must be submitted in writing by the employee, fully stating the facts surrounding the Grievance and detailing the specific provisions of this Agreement alleged to have been violated, signed, and dated by the employee and presented to his first line supervisor immediately in charge of the aggrieved employee within fifteen (15) calendar days after the event giving rise to the Grievance or fifteen (15) calendar days after he could have been reasonably expected to have had ,%MW, knowledge. The supervisor will give his answer to the employee - 20 - by the end of the tenth (10) calendar day following the presenta- tion of the grievance and the giving of such answer will termi- nate Step 1. STEP 2. If the grievance is not settled in Step 1, the grievance will be presented to the Fire Chief/Director of Public Safety (or in the case where the Fire Chief/Director of Public Safety re- sponded at step 1, to the City Manager, or his designee) within ten (10) calendar days after termination of Step 1. A meeting with the employee, Association Officer, and Fire Chief/Director of Public Safety (or City Manager or his designee), will be ar- ranged at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within fif- teen (15) calendar days from the date the grievance is received by the Fire Chief/Director of Public Safety (or City Manager/ designee). The Chief/Director (City Manager/designee) may invite other members of management to be present at such meeting. The Director (City Manager/designee) will give a written reply by the end of the tenth (10) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2. STEP 3. If the grievance is not settled in Step 2, the Associa- tion Representative shall, within seven (7) calendar days after the termination of Step 2, arrange for a meeting with the City Manager to be held at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) calendar days from the date of the grievance is referred to Step 3. A decision shall be rendered within ten (10) calendar days from the date of such meeting. The decision shall be in writing. E. Time limits as set forth above may be extended by mutual agreement between the parties but neither party shall be required to do so. F. In the event that the Association calls witnesses that must be excused from work, the City agrees to excuse same in paid status. G. The parties agree that in the event the member or the As- sociation fail to comply with the time limits contained herein, such failure constitutes a waiver of right to prosecute the grievance; it is further agreed that in the event the City or its representatives fail to comply with the prescribed time limits, such failure constitutes an agreement to concur with the griev- ant*'s position and remedy. It is not intended that the grievance procedure be used to effect changes in the established salary and fringe benefits. ARTICLE 56 - ARBITRATION A. Grievances which are not settled pursuant to the grievance procedure herein and which either party desires to contest fur- N"W,, ther, shall be submitted to arbitration as provided in this Arti- cle provided however, that said request for Arbitration shall be - 21 - made within twenty (20) days of the conclusion of Step 3 of the Grievance procedure. B. As soon as possible and in any event not later then fourteen 1%101.1 (14) calendar days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said fourteen (14) calendar days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the Federal Media- tion and Conciliation Service by alternate striking of names un- til one name remains. The party who strikes the first name from the panel shall be determined by lot. C. Either the City or the Association may call any employee as a witness, and the employer agrees to release said witness from work if he is on duty. If an employee witness is called by the City, the City will reimburse him for time lost; if called by the Association, the Association may pay the expense. D. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement. The decision of the arbitrator shall be based solely upon evidence and arguments presented to him by the respective parties in the presence of each other. E. The decision of the arbitrator within the limits herein pre- scribed shall be final and binding upon the parties in dispute. F. The mutual decision of the parties and/or the arbitrator in '�►' any dispute shall be the final and binding decision on all parties and there shall not be any appeal to another board, au- thority, commission and/or agency for it is the intent of this Agreement to supplant the Civil Service (Personnel Board) hearing and appeal system with the provisions of this Agreement. G. The Arbitrator may hear and determine only one grievance at a time without the expressed agreement of the City and the Associa- tion. The parties shall share equally the expense of the cost of the arbitration, with the exception of counsel's fees. ARTICLE 57 - PRODUCTIVITY The City and the Association mutually agree to continually seek means of increasing productivity in the Fire Service. ARTICLE 58 - COMPENSATION A. Methods of Compensation: 1. Compensation shall be determined on an hourly basis. 2. Payments due shall be paid on a bi-monthly basis unless otherwise mutually agreed. By mutual consent early payments and other modifications can be made. - 22 - 3. Base hourly salary shall be considered at the regular rate of pay for a particular classification without consideration of any other form of compensation. `' 4. No employees may take time off from normal working hours for the purpose of depositing a pay check. 10� 5. Employees are encouraged to utilize the City's ability to "Direct Deposit" paychecks to the banks of the employees choice. B. Salary Advancements Within Base Pay Range 1. Salary ranges are established to provide fair compensation to each classification. Initial appointment shall be made at the minimum step within a particular range, but the City Manager may approve a higher starting step. C. Step Advancement: 1. All salary advancement shall be based on merit and fitness. All increases shall be recommended by the Department Head and approved by the Personnel Officer. 2. Merit increases shall be effective at the beginning of the next pay period following the effective date (lst or 16th of the month). D. Promotion: 1. An employee who is promoted to a position in a class with a higher salary rate shall be entitled to the lowest step in the higher range which exceeds the present rate of pay with the in- tent of increasing the base salary by at least 5.0%. ARTICLE 59 - BASE MONTHLY SALARY 1. Effective July 1, 1992 the Base Monthly Salary for the Classifications indicated shall be: A B C D a r CAPTAIN 3903 4098 4303 4518 4744 4981 ENGINEER 3264 3427 3599 3779 3968-4166 PARAMEDIC 3107 3262 3425 3596 3776 3965 FIREFIGHTER 2727 2864 3007 3157 3315 3481 2. Initial Appointment a. For Firefighter the initial appointment shall be at Step A. Upon completion of the Fire Academy, advance to Step B. Upon successful completion of probation, advance to Step C. All addi- tional step increases shall be at yearly intervals based upon merit. 23 - b. For Paramedic the initial appointment shall be at Step A. Upon completion of the Fire Academy, Step S. Upon successful completion of probation, advance to Step C. Additional step in- creases at yearly intervals based upon merit except, for initial hire employees, final step based on merit and minimum three years in Paramedic Classification. Promotional Paramedic appointments shall be eligible for "F" step following twelve (12) months at the "E" step OR upon completion of probation whichever is greater. c. For Engineer the initial appointment to be made at Step A. Additional step increases to be considered upon completion of one year in step EXCEPT advancement to Step F based upon merit and completion of three years service as engineer. ARTICLE 60 - PERFORMANCE REVIEW Upon completion of probation, each employee shall thereafter be reviewed annually; said review to be constructive in nature and designed to point out areas of both strength and weakness, meth- ods of improvement, etc. ARTICLE 61 - PHYSICAL FITNESS PROGRAM A. Effective July 1, 1989, the City and Association adopt a Physical Fitness Policy and Incentive Program as described in the attached Exhibit A. B. Fitness evaluations shall be conducted bi-annually during the months of October and May. Monetary payments shall be made in accordance with the provisions of Section 704.09 of the Incentive Program. C. Association members who wish to participate in the Physical Fitness Incentive Program shall be allowed two (2) hours during their shift (including prep and clean-up) to participate in physical fitness activities. ARTICLE 62 - LAYOFF The City and the Association acknowledge Section 2-42, of the Hermosa Beach Municipal Code, as currently enacted, as the governing provision regarding layoff. However, the City and the Association further agree that, prior to implementation of any such layoff, discussions shall be held to explore other alterna- tives, mitigations, etc. ARTICLE 63 - FURTHER STUDIES The City and Association, jointly recognize that some matters need further study and negotiation during the life of the MOU. It is therefore agreed that the following items will be addressed: \%MV, 1. Role of the Fire Captain. 2. Fire command duties/policies of the position of Director of Public Safety. - 24 - 3 . Assignment of two ( 2 ) Engineers per shift. 4. FLSA "hours worked" exemption. S. Development of an annuity plan for payment of retiree medical premiums. 6. Funding sources for fire services. 7. Physical fitness program criteria upgrade. ARTICLE 64 - EMPLOYER-EMPLOYEE RELATIONS SESSIONS A. In the interest of fostering and continuing a spirit and at- mosphere of harmonious employer-employee relationships, it is agreed that the Association Board of Directors shall meet quar- terly with the Fire Chief/Director of Public Safety and bi- annually with the City Manager; there shall be no less than two (2) Board members present for each such meeting. ARTICLE 65 - JURY DUTY The City will not provide jury duty leave pay to employees covered by this Agreement, effective July 1, 1986. If the State of Federal Court jury commissioners change, amend, alter or otherwise rescind their present policy of granting exceptions from jury service to persons who do not receive jury duty pay from their employer (so as to require jury duty service despite the absence of jury duty pay from such employer) then the City's former practice of paying full salary, if jury duty pay is remit- ted to City, shall be reinstated. Employees are not prohibited from using paid vacation or compensatory time in order to volun- tarily participate in jury duty. ARTICLE 66 - MILITARY LEAVE Pursuant to governing State and Federal law, employees covered by this Agreement will be granted Military Leave; said leave to be without City pay. ARTICLE 67 - DISCIPLINE, SUSPENSION, DISCHARGE City and Association understand the value of progressive disci- pline. City will therefore endeavor to incorporate that procedure in it's disciplinary policy. In that regard, City will endeavor to adhere to the following guideline re implementing progressive disciplinary procedures: 1. Verbal warning(s) which are to be formally logged; 2. Written reprimand(s); 3. Suspension(s); 4. Demotion/Reduction in pay; S. Termination. ARTICLE 69 - APPEAL OF DISCIPLINE A. Verbal warnings may not be appealed. In the case of a writ- ten reprimand, the employee reprimanded may request the issuer's �`'r immediate superior to review the action. Said request shall be made within ten (10) calendar days of the date of the action. - 25 - B. Suspension, Demotion, Reduction -in -Pay, and Termination: Step I. Following notice of intent of disciplinary action, a meeting between the Fire Chief/Director of Public Safety, other manage- ment representatives, the affected employee and representatives of his choice, may be held within ten (10) calendar days to dis- cuss the discipline. Following that meeting, the Fire Chief/ Director of Public Safety will issue a ruling within seven (7) calendar days and may uphold, modify, reduce or recind the pro- posed disciplinary action. Any proposed disciplinary action shall be initiated following the conclusion of Step I. The is- suance of the Chief's/Director's ruling shall conclude Step I. Step II. If the matter is not resolved at Step I, the employee may within seven (7) calendar days file a written appeal with the City Man- ager. The City Manager (or his designee) shall arrange a meeting with the employee and his representative to be held within ten (10) calendar days from the date the appeal is received. The City Manager may invite other members of the management team to be present at that meeting. Following the meeting the City Manager (or his designee) shall render a decision within ten (10) calendar days. The issuance of the decision concludes Step II. 1%W01 Step III. If the matter is not resolved at Step II, the employee may, within ten (10) calendar days of the conclusion of Step II, request a hearing pursuant to Section 2-39/2-40 of the Hermosa beach Municipal Code. Such request shall be delivered in writing to the Personnel Officer. C. Time limits as set forth above for each of the steps may be extended by mutual agreement between the parties, but neither party shall be required to so agree. ARTICLE 70 - EXIGENCY Notwithstanding the terms described in this MOU, the parties acknowledge the obligation of the City Council to insure the financial integrity of City Government. Accordingly, Association agrees to meet and confer upon request of the City to discuss MOU modifications should: 1. New State or Local Initiatives(s), 2. New Federal mandate(s), or 3. State or Federal Judicial ruling(s) 26 - be implemented whereby said action increases City's MOU costs or otherwise precludes operation of any portion of this MOU. It is acknowledged that no such MOU change can occur without ac- ceptance by City and Association. ARTICLE 71 - WAIVER OF BARGAINING The Parties acknowledge that during the negotiation which result- ed in this agreement, each had the unlimited right and opportuni- ty to make demands and proposals with respect to any subject or matter appropriate for collective bargaining and that the under- standings and agreements arrived at by the Parties after the ex- ercise of that right and opportunity are set forth in this Agree- ment. Therefore, the Parties of this Agreement concur that the other shall not be obligated to bargain collectively with respect to any subject or matter without mutual consent even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the Parties at the time that they negotiated or signed this Agreement. ARTICLE 72 - PROVISION EFFECTIVE The provisions of the Memorandum of Understanding shall be effec- tive commencing July 1, 1992, and shall govern until June 30, 1994. ARTICLE 73 - EXECUTION This Memorandum of Understanding represents the full and complete understanding between the parties related to the subject matter set forth herein and all preliminary negotiations of whatever kind or nature are merged herein. The parties hereto have caused this Memorandum of Understanding to be executed this (� day Of Aprzu, , 1993. Hermosa Beach Fire Association: c Byr .1 All By:/ City of Hermosa Beach: ayrIt",�,e�... l By: - 27 - 11 . April 2, 1993 Honorable Mayor and Members of City Council Meeting the Hermosa Beach City Council of April 13, 1993 ADOPTION OF RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH FIREFIGHTER'S ASSOCIATION Recommended Action: It is recommended that the City Council adopt the attached resolution approving a Memorandum of Understanding (MOU) between the City of Hermosa Beach and the Hermosa Beach Firefighter's Association for the term July 1, 1992 through June 30, 1994. Background: The previous Memorandum of Understanding (MOU) with the Firefighter's Association expired July 1, 1992. The negotiated successor MOU, which has been ratified by the Firefighter's Association, establishes the wages, hours, and other terms and conditions of employment for the period July 1, 1992 through June 30, 1994. Analysis: Negotiated changes to the MOU include the following: 1. No Cost -of -Living increase in base salary; 2. A decrease in the "constant manning" requirement from a minimum of six to a minimum of five. Impact: Reduces overtime costs. 3. Increase the amount of hours of "Over -time comp" which an employee can accrue from 72 to 144. Impact: In lieu of receiving pay for overtime hours, allows the employee to accrue the time which can be used at a later date. 4. An amendment to the City's contract with the California Public Employees' Retirement System (PERS) to include a provision allowing employees to purchase up to four (4) years of service credit for previous military service. Impact: The employee is responsible for the costs associated with the purchase of the additional credit. This cost could be in excess of $5,000 per year purchased. - 1 - fZd 5. Includes classification of Fire Captain as eligible for paramedic certification premium ($175/mo). Impact: No immediate fiscal impact since none of the current Captains are paramedic certified. Additional annual cost of $2,100 per certified Captain in future years. Benefit to City in having additional trained paramedic at incident scenes. 6. Increase in sick leave accrual from ten (10) hours/month to twelve (12) hours per month. 7. Decrease frequency of comprehensive medical exams from annual to biennial. Impact: Savings of $3,600/yr. A copy -of the Memorandum of Understanding is available in the Personnel Office for review. Respectfully submitted: Robert A. Blackwood Personnel Director Noted for Fiscal Impact: t� Viki Copeland, Finance Director - 2 - Concur: ooney sistant City Manager CITY OF HERMOSA BEACH MEMORANDUM April 20, 1993 TO: Viki Copeland, Finance Director FROM: Robert A. Blackwood, Personnel Direct 02 SUBJECT: 1992-94 Firefighter MOU Following are the negotiated changes to the terms and conditions of employment for the Firefighter's Association. The term of this MOU is July 1, 1992 - June 30, 1994. Article 26 - Employee Option Benefit Program * Amount of EOB benefit established at current rate of $569.38 until such time as the three party premium for the Indemnity plan exceeds $724/month. At that time EOB benefit will be increased by an amount equal to 55% of the increase in the cost of the In- demnity Medical plan. * Effective April 1, 1993 reimbursement for co -pay amounts for office visits and prescriptions eliminated (for charges incurred after April 1, 1992). Article 27 - Educational Incentive * Classification of Fire Captain eligible for $175.00/mo. if certified as paramedic. Article 29 -Overtime * Increases amount of OT Comp. which can be accrued from 72 hours to 144 hours. Article 41 - Sick Leave * Sick leave accrual increased from ten (10) hours per month to twelve (12) hours per month - retroactive to July 1, 1992. Article 44 - Ret1rement' t * Agreement to.amend PERS contract to include Section 20930.3 - Military Service Credit.as Prior -service. Article 48 - Salary.. -Continuance * Caps amount of City paid premium for LTD plan at $33.90/mo. * Allows Association to "take over" administration of plan and responsibility for premium payment. Upon such takeover, EOB benefit (Article 26) to be increased by $33.90/mo/employee. Article 50 - Constant Manning * Reduces "constant manning" from six (6) to five (5) per shift. Article 58 - Compensation * Step increases to be effective "at the beginning of the next pay period following the effective date (1st or 16th). Previous- ly step increases would be effective the first of the next month following the effective date. Article 59 - Base Monthly Salary * No change in current salary range. * Promotional Paramedic eligible for "F" step following twelve (12) months at "E" step OR upon completion of probation whichever is greater. Previous language required three years in Paramedic classification before eligible for "F" step. cc: Claudia Hassanally, Personnel Dept. Michele Harris, Fire Dept. �q� STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Naoma Valdes, Deputy City Clerk of the City Council of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 93-5600 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular meeting of said Council at the regular meeting place thereof on April 13, 1993. The vote was as follows: AYES: Benz, Edgerton, Essertier NOES: Midstokke, Mayor Wiemans ABSTAIN: None ABSENT: None 'DATED: April 15, 1993 Deputy City Clerk