HomeMy WebLinkAboutRES-95-5723 (MOU/FIREFIGHTERS-95)1
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RESOLUTION NO. 95-5723
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH
CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH
HERMOSA BEACH FIREFIGHTER'S ASSOCIATION GOVERNING THE
CLASSIFICATIONS OF FIRE CAPTAIN, FIRE ENGINEER,
FIREFIGHTER/PARAMEDIC, AND FIREFIGHTER.
WHEREAS, 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 as "Exhibit A"; 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
March 15, 1995 and to be effective for the period July 1, 1994 through and including
June 30, 1997.
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 records of the proceedings of the City Council of said City the minutes of the
meeting at which time same is passed and adopted.
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PASSED, APP
ATTEST:
this 14th day of March, 1995.
PRESH)ENT, "e le City Council and MAYOR
of the City of Hermosa Beach, California
APPROVED AS TO FORM:
-2-
City Clerk
City Attorney
disc/94003/rab/ffeso.doc
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF HERMOSA BEACH
AND THE
HERMOSA BEACH FIREFIGHTERS' ASSOCIATION
ARTICLE I -,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 CITY, and
has been executed by the City Manager on behalf of the City, and the Hermosa Beach
Firefighters, hereinafter referred to as ASSOCIATION.
ARTICLE 2 - RECOGNITION
A. Pursuant to the Association's petition to the City dated March 25, 1982, and
applicable State laws, Firefighters' Association 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 bargaining unit. However,
because of the nature of the department and the lack of another supervisory employee
rank between Fire Captain and Fire Chief, 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
management in regard to directing the work force.
ARTICLE 3 - MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation by the parties
to the City Council. It is expressly intended 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 hereto 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, 1994, and are
not changed by this Memorandum, shall constitute the wages, hours, and terms and
`glprV conditions of employment for the employees during the term of this Memorandum of
Understanding.
ARTICLE 6 - EFFECTIVE AND TERMINATION DATES
This Memorandum of Understanding shall become effective July 1, 1994, and will continue
through June 30, 1997, 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 employment provided by this
Memorandum of Understanding shall remain 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 - CONSTITUTIONALITY
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 - MANAGEMENT'S RIGHTS RESERVED
1. Manage the City.
,"WV 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.
l"'' 14.
Determine the size and characteristics of the work force.
FA
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 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.
B. The exercise of the foregoing powers, rights authority, duties and responsibilities by
the City, the adoption of policies, rules, regulations and practices in furtherance thereof,
and the use of judgment and the discretion in connection therewith, shall be limited only by
the terms of this Memorandum of Understanding, City Personnel Ordinance, Personnel
Rules and Regulations, 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 management's'
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
provided for in this Memorandum of Understanding.
ARTICLE 9 - FIRE SERVICE CONSOLIDATION
A. In the event that the City should relinquish certain managerial 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
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transferred to the new provider; for employees so transferring, they shall have the choice
of cash in/retention of said accrued leaves.
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
I✓ 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, disability, political or religious opinions or affiliations 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 - 7K EXEMPTION
The City of Hermosa Beach has exercised its ability to take a statutory "71C exemption for
sworn fire personnel. The work period for such employees shall be twenty eight (28) days
in length commencing on April 16, 1986.
ARTICLE 15 - STEWARD'S 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 and the availability of
replacement personnel.
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ARTICLE 16 - REASONABLE NOTICE
It is mutually understood and agreed that a copy (via the United States postal service) of
the City Council and/or Personnel Board agenda for each meeting, mailed to the
Association, shall constitute reasonable written notice, and notice of an opportunity to
meet with such agencies, on all matters within the scope of representation upon which the
City Council or Personnel Board may act.
ARTICLE 17 - ACCESS TO WORK STATION
The City agrees to grant official representatives of the Association 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 Association Representative shall be permitted to conduct a reasonable
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 may post only notices 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,
11"W1 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
management official.
ARTICLE 19 PAYROLL DEDUCTION
It is mutually agreed that the City will, during the term of this Agreement, deduct moneys
and remit to the Association (as authorized by Employee Payroll Deduction Authorization)
a deduction for dues and insurance, providing there is not more than one such deduction
per pay period.
ARTICLE 20 -,NO REDUCTION
It is agreed that no member of the Association by virtue of the adoption of this Agreement
shall suffer a reduction in working conditions and/or other benefits not otherwise
enumerated in this Memorandum of Understanding.
ARTICLE 21 - ACTING POSITIONS & 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).
`''W' B. In addition to the permanent Fire Engineer position, any employee covered by this
agreement, who is assigned the duties and responsibilities of Fire Engineer on an engine
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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 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 hr.) 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 Paramedic has worked in the paramedic classification for a period of not less
than five (5) consecutive years, he may return to the classification of Firefighter. The
intended purpose is to provide the paramedic with the opportunity of reassignment. It is
understood that in the event of such reassignment, the member will be placed at the step
in the Firefighter base salary range corresponding to his step at the Paramedic salary
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 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 examination will be conducted with all current
Firefighters, who meet the minimum requirements, eligible to participate in the examination
process.
ARTICLE 23 - MEDICAL EXAMS
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.
C. The physical exam is to include the following procedures as medically indicated:
1. Physician systemic examination
2. Audiometry
3. Occult Blood
,ftwp, 4. Comprehensive Blood Panel and Urinalysis
5. Exercise prescription/Physician Consultation
A
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 agreement 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
Effective with the adoption of this Agreement, the provisions of the Non Tobacco article
contained in the immediate past MOU shall be contained in the Fire Department Rules and
Regulations.
ARTICLE 26 - EMPLOYEE OPTION BENEFIT PROGRAM
Section 1. Purpose
To provide a benefit package which allows the individual firefighter to select benefits
according to his/her particular needs
Section 2. Amount of Benefit
The amount of E.Q.B. benefit is $603.28 monthly. At such time as the three party (family)
Indemnity premium exceeds $724.00 per month, the E.Q.B. benefit shall be increased by
55% of the increase in the cost of the Indemnity Medical Plan for coverage of the
Employee plus dependents. Any increase in the E.O.B. Benefit is to be effective
coincidental to the effective date of the Indemnity Medical Plan cost increase.
Section 3. Benefit Options
a. Medical Insurance
1. An employee entitled to E.O.B. must either purchase medical 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.
b. Dental Insurance
1. Either the Indemnity of the HMO Dental plan may be utilized.
C. Vision Insurance.
d. Deferred Compensation.
e. Cash Payment
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1. Bi -monthly with regular paychecks
ARTICLE 27 - EDUCATIONAL INCENTIVE
A. In recognition of formal educational, vocational and technical 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 -
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 -I)*
*(EMT -1 Premium available for classifications other than Paramedic.)
B. SFO and EMT -1 Certificate may be combined with academic premium.
C. Captain classification not eligible for SFO premium
\%00, D. Retroactivity for payment of any of the above premiums shall be limited to a
maximum of three (3) months.
ARTICLE 28 - 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 (i.e.: 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 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 compensation 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:
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1.
Vacation
2.
Holiday Leave
3.
Sick Leave
4.
Administrative Leave
5.
Compensatory Leave
6.
Workers' Compensation Leave (4850 Time)
7.
Jury Duty (compensated by the City)
8.
Bereavement 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 purpose of maintaining
certification as a paramedic shall be considered hours worked for FLSA purposes.
ARTICLE 29 - 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 verbal 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 30 --SHIFT TRADES
A. The practice of shift trading shall be voluntary on behalf of each employee involved
in the trade.
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 classification, or members
that can be assigned to perform in an acting capacity (non -compensated), or
can perform the same duties as the requester.
3. Make sure the exchange is approved by the proper supervisor(s) before the
trade occurs.
�...f 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
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requested will be approved only when accompanied by a valid 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 compensable 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.
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 requesters
Captain for approval.
F. "Paybacks" of shift trades are the obligation of the two employees 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 employees, and under
no circumstances will the department be obligated for any further compensation
whatsoever to any of the involved 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
,*MO/ disciplinary action.
ARTICLE 31 - 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 increased 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
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 to
other duties.
ARTICLE 32 - 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
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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 adjusted between the Department Head and the Employee. Nothing in this
article is intended to waive the employee's rights for purposes of Workers' Compensation
benefits.
ARTICLE 33 - 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 applies in those situations where the radio must be left on and monitored].
ARTICLE 34 - 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 considered hours worked and shall not be compensated in any manner whatsoever.
This provision is not intended to waive the employee's rights for purposes of Workers'
Compensation benefits.
ARTICLE 35 - COURT STANDBY PAY
A. An employee who while off duty is on court standby status may leave a telephone
number at a location within forty-five (45) minutes of the designated court where he/she
may be reached while on court standby. Such time is not considered hours worked under
the Fair Labor Standards Act. The employee will receive straight time pay, up to a
maximum of 8.5 hours per day, for standby during the pendency of the case.
B. Alternatively, an employee on court standby shall report, with the permission of the
Department, to the Fire facility, in uniform, 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 considered hours worked and shall not
be compensated in any manner whatsoever.
ARTICLE 36 - 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 five (5) hours work commencing when he/she reports to duty. Any hours
�✓ worked in excess of five (5) hours shall be credited on an hour for hour basis for actual
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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 37 - 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.
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, holiday, 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. All employees shall take vacation time off within each fiscal year.
F. 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.
G. 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.
H. In the event that an employee desires to accumulate vacation time in excess
of "F" above, the employee may do so providing permission has been received from the
City Manager; City Manager shall not unreasonably withhold such permission.
I. Requests for vacation time of more than three (3) shifts must be submitted to the
Captain at least three (3) shifts in advance.
J. Unless otherwise provided for in this Agreement, upon termination of City service for
any reason accrued Vacation shall be cashed out at the employee's regular rate of pay.
ARTICLE 38 - 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);
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B. Effective July 1, 1995 Holiday Comp accrual shall be at a rate of 12 hours per
month (6 shifts per year).
C. 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.
D. There shall be an accrual cap of 480 hours; all hours in excess 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.
E. Unless otherwise provided for in this Agreement, upon termination of City service for
any reason accrued Holiday Comp shall be cashed out at the employee's regular rate of
pay.
ARTICLE 39 - SICK LEAVE
A. All Association Members shall accrue twelve (12) hours per month sick leave (6
shifts per year).
B. All employees with a minimum sick leave balance of 242 hours MAY annually cash
in up to four hundred (400) 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 employees' regular rate of pay. Employees whose accrual balance exceeds
2000 hours as of March 1, 1995 shall be allowed to maintain that balance.
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 employees regular rate of pay.
ARTICLE 40 - REGULATION OF SICK LEAVE & OTHER PROVISIONS
A. Use of Sick Leave
1. Sick leave shall be used only in case of sickness or disability 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, employees 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 attending physician. The employee shall
furnish any other proof of sickness reasonably required by the City.
C. Family Sick Leave
13
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, stepmother, grandparents or grandchildren. Employees
may predesignate and substitute other members for those members defined
as "immediate family." The intent of this provision is not to expand the
number of persons included in the definition of "immediate family" or to
increase the paid leave opportunities, but, rather to recognize variation in
family structure (e.g. aunt for mother in the case where it was an aunt as
caretaker in the absence of a mother)
4. Such time shall be deducted from the existing sick leave of the employee.
ARTICLE 41 - SICK LEAVE AT TERMINATION
A. For employees hired prior to July 1, 1989 and upon termination, either voluntary or
involuntary, or, resignation from City employment 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 continuous service.
2. 50% of all accrued sick leave for 10 thru 19 years continuous service.
14MV 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 employees' forty -hour rate).
B. Upon service retirement, accrued sick leave shall be cashed out pursuant to the
schedule above computed at the employees forty -hour rate.
C. For employees hired July 1, 1989 or later and upon termination, resignation, or
service retirement, from City employment, sick leave shall be paid, at the employees'
regular rate of pay, according to the following standards *,
1. 50% of all accrued sick leave for 10 or more years of continuous service.
D. In exception to A, B & C above employee's covered by this agreement who are retired
as a result of a service connected disability shall receive 75% of their accumulated sick
hours regardless of length of service. Said cash -out shall be at the employee's regular
rate of pay.
ARTICLE 42 - BEREAVEMENT LEAVE
A. Each employee covered by this agreement shall receive a maximum of two shifts per
calendar year to be utilized for bereavement leave because of a death in their immediate
IWW/ family. Immediate family shall be defined as in Article 42 of this MOU. Said time will not
be cumulative from one twelve month period to another nor will pay in lieu of unused
14
bereavement be provided. The Chief may grant one (1) additional shift in the event of a
death which requires extended travel.
ARTICLE 43 --RETIREMENT
A. Employees covered by this Agreement shall be provided with the California Public
Retirement System, 2% at 50 Plan with section 20024.2 - One year final compensation
(twelve highest paid consecutive months) included. City shall pay the employee 9%
contribution.
B. Effective November 1, 1995, the City shall commence reporting to P.E.R.S. the
value of the 9% employer paid member contribution (EPMC) pursuant to the authority of
Government Code section 20023(c)(4)
C For employees hired prior to July 1, 1989, upon service retirement, the employees
accumulated holiday comp. and vacation accrual accounts shall be cashed out at the
employees forty -hour (40 hr.) equivalent rate of pay (i.e. utilizing sick, vacation and/or
comp time).
ARTICLE 44 - UNIFORM 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 45 - LIFE INSURANCE
A. All employees covered by the Agreement to be provided Life Insurance in the
amount of $50,000 at City expense.
ARTICLE 46 - SALARY CONTINUANCE
A. All Association members shall be required to be covered under the LTD plan.
B. An employee utilizing the LTD plan shall not accrue vacation, sick leave, holiday
comp or -and allowances only during that period of their leave that they are receiving pay
(i.e. utilizing sick, vacation and/or comp time).
ARTICLE 47 - 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
MOU 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 intended to waive or abrogate employees Workers'
Compensation rights under the under the California Labor Code.
15
ARTICLE 48 - 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 49 - PROBATIONARY PERIOD
Original and promotional appointments to the Fire Department shall serve a probationary
period of twelve (12) months
Firefighter/Paramedic promotional candidates shall be probationary while attending
paramedic school and for a twelve month period following certification. Probationary
periods may be extended for a period not to exceed six (6) months.
"AMW, ARTICLE 50 - WORK STOPPAGE PROHIBITION
A. Prohibited Conduct
1. The Association, its officers, agents, representatives, and members, agree that,
during the term if this Memorandum of Understanding or any agreed upon extensions of
the MOU, 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 prohibited 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 unlawful, 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 I above. Any employee who participates
16
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 51- AUXILIARY FIREFIGHTERS
A. No member of the auxiliary/reserve/paid call firefighters or 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 firefighters
available, CITY, upon notification to ASSOCIATION, and approved by same, may use
auxiliary/reserve/paid call personnel in overtime situations in order to maintain the proper
minimum manning level.
B. CITY and ASSOCIATION agree to meet and confer during the term of this agreement
to research, develop, and implement an auxiliary firefighter program. CITY will look to
ASSOCIATION for their assistance in developing the structure, recruitment, training and
equipment components of the program as well as standards for participation prior to
implementation.
ARTICLE 52- GRIEVANCE PROCEDURES
A. Purpose of Grievance Procedures:
NWW/ 1. To promote improved employer-employee relations by establishing
procedures on matters.
2. To provide that grievances shall be settled as near as possible to the point of
origin.
3. To provide that the grievance procedures shall be as informal 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:
1. Any matter involving the application of any provision of this Agreement; or
2. Any matter involving the violations of any provision of intent of this
Agreement; or
3. Any matter that affects the working conditions of the employee 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 provisions 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
17
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 knowledge. The
supervisor will give his answer to the employee by the end of the tenth (10) calendar day
following the presentation of the grievance and the giving of such answer will terminate
Step 1.
STEP 2. If the grievance is not settled in Step 1, the grievance will be presented to the Fire
Chief (or in the case where the Fire Chief responded 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/ (or City Manager or his designee), will be
arranged at a mutually agreeable location and time to review and discuss the grievance.
Such meeting will take place within fifteen (15) calendar days from the date the grievance
is received by the Fire Chief (or City Manager/ designee). The Chief -(City
Manager/designee) may invite other members of management to be present at such
meeting. The Chief (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 Association 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)
�%Wv 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 Association 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 grievants position and remedy. It is not intended that the grievance procedure be
used to effect changes in the established salary and fringe benefits.
ARTICLE 53- ARBITRATION
A. Grievances which are not settled pursuant to the grievance procedure herein and
which either party desires to contest further, shall be submitted to arbitration as provided in
this Article provided however, that said request for Arbitration shall be 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 (14) calendar days
after either party received written notice from the other of the desire to arbitrate, the parties
Iftwo/ 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 Mediation and Conciliation Service by alternate striking of names until one
18
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
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 prescribed 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, authority, 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 Association. The parties shall share equally the
expense of the cost of the arbitration, with the exception of counsel's fees.
1,, ARTICLE 54 - PRODUCTIVITY
015
The City and the Association mutually agree to continually seek means of increasing
productivity in the Fire service.
ARTICLE 55 - COMPENSATION
A. Methods of compensation:
1. Compensation shall be determined on an hourly basis.
2. Payments due shall be paid on a bimonthly basis unless
otherwise mutually agreed. By mutual consent early payments and other
modifications can be made.
3. Base hourly salary shall be considered as 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.
5. Employees are encouraged to utilize the City's ability to "Direct Deposit"
paychecks to the bank or credit union of the employees choice.
19
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 (1 st 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 intent of increasing the base salary by at least 5.0%.
ARTICLE 56 - BASE MONTHLY SALARY
A. Effective July 1, 1994 the Base Monthly Salary for the classifications indicated shall be
as indicated below:
1 2 3 4 5 6
1110' CAPTAIN 4001 4201 4411 4631 4863 5106
ENGINEER 3346 3513 3689 3873 4067 4270
PARAMEDIC 3233 3394 3564 3742 3930 4126
FIREFIGHTER 2796 2935 3082 3236 3398 3568
1. Retroactivity for the below noted base increases for the period July 1, 1994
through December 31, 1994 shall be limited to salary only (base + premium/incentive) and
shall exclude any retroactive payment for overtime and accrual cashouts which
occurred during that period.
2. Only current (as of January 1, 1995) members of ASSOCIATION shall be
entitled to any retroactive payment
3. effective July 1, 1995 Base Monthly Salary shall be increased 2.3%
4. effective July 1, 1996 Base Monthly Salary shall be increased 3.5%
B. Initial Appointment
1. For entry 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 additional step increases shall be at yearly intervals based upon
merit.
2. For entry Paramedic the initial appointment shall be at Step A Upon completion
of the Fire Academy, Step B. Upon successful completion of probation, advance to Step C.
Additional step increases at yearly intervals based upon merit except, for initial hire
20
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.
3. For entry 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 two years service as engineer.
ARTICLE 57 - 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, methods of improvement, etc.,
ARTICLE 58 - 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 biannually 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
,"or, participate in physical fitness activities.
D. embers must complete each of the fitness components to be eligible for the
incentive payment.
E. ITY and ASSOCIATION agree to meet and confer during the term of this agreement
regarding modification to the fitness, measurement and scoring components of the
Program. No modification to the program shall be effective unless approved in writing by
both CITY and ASSOCIATION.
ARTICLE 59 - LAYOFF
The City and the Association acknowledge Section 242, 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 alternatives, mitigation's, etc.
ARTICLE 60 - EMPLOYER-EMPLOYEE RELATIONS SESSIONS
A. In the interest of fostering and continuing a spirit and atmosphere of harmonious
employer-employee relationships, it is agreed that the Association Board of
Directors shall meet quarterly with the Fire Chief and bi-annually with the City
Manager; there shall be no less than two (2) Board members present for each such
meeting.
21
ARTICLE 61 - 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 remitted to City, shall be reinstated.
Employees are not prohibited from using paid vacation or compensatory time in order to
voluntarily participate in jury duty.
ARTICLE 62 - 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 63 - DISCIPLINE, SUSPENSION, DISCHARGE
City and Association understand the value of progressive discipline. 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;
5. Termination
ARTICLE 64 - APPEAL OF DISCIPLINE
A. Verbal warnings may not be appealed. In the case of a written reprimand, the
employee reprimanded may request the issuer's immediate superior to review the action.
Said request shall be made within ten (10) calendar days of the date of the action.
B. Suspension, Demotion, Reduction -in -Pay, and Termination:
Step I. Following notice of intent of disciplinary action, a meeting between the Fire Chief,
other management representatives, the affected employee and representatives of his
choice, may be held within ten (10) calendar days to discuss the discipline. Following that
meeting, the Fire Chief will issue a ruling within seven (7) calendar days and may uphold,
modify, reduce or rescind the proposed disciplinary action. Any proposed disciplinary
action shall be initiated following the conclusion of Step I. The issuance of the Chief 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 Manager. 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.
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 2-3912-40 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 65 - EXIGENCY
A. Notwithstanding the terms described in this MOU, the parties acknowledge the
obligation of the City Council to insure the financial integrity of city Government.
B. 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)
be implemented whereby said action increases City's MOU costs or otherwise precludes
operation of any portion of this MOU.
C. It is acknowledged that no such MOU change can occur without acceptance by City
and Association.
ARTICLE 66 - WAIVER OF BARGAINING
The Parties acknowledge that during the negotiation which resulted in this agreement,
each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter appropriate for collective bargaining and that the understandings
and agreements arrived at by the Parties after the exercise of that right and opportunity are
set forth in this Agreement. 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 67 - PROVISION EFFECTIVE
The provisions of the Memorandum of Understanding shall be effective commencing July
11 994, and shall govern until June 30, 1997
23
•.-
ARTICLE 68 -
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 March
1995.
Hermosa Beach Firefighters' Association:
By: ��� By.
Mark Klein,
Paramedic p
By:
Dennis McCamant
am
0
Captain
ames Crawford,
Engineer
Gr,e'g Dofe,
Firefighter
d isc/94-002/fi retestfrab
City of/Hermosa each
Steph n R. Burrell
City Manager
Robert A. Blackwood
Personnel Director
24
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705.00 DESCRIPTION OF THE PHYSIC
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ed above the average. This is
and
simple measure of how many times per minute the heart
the body is at rest. The following is a chart showit beats while
for the resting heart rate: n9 the score
Age Kesting
GrouHeart Rate
Score a es ema es
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4 T1-67 T6-72
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59 1 > 80 > 85
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arteries. High blood pressure reading i; often corrls elatewith
of
the
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29 1 > 131 81 - 84 117 - 120 77 - 80
85 > 121 > 81
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to 3 121-I24 79_80 1�5-110 73"-74
2 125 - 132 111 - 118 75 - 80
39 1 > 133 8> - 89 9 119 - 122 81 - 82
— _ > 123 > 83
XXXXXXX XXXXXXXX XXXXXXXXXXXX XXXXXXXXXXX)'XX,`;X
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40 5 < 111 < 76
4 1T2 - 120 < 105 > 70
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2 127 - 136 81 - 84 113 - 118 75 - 80
49 1 > 137 85 - 90 119 - 126 81 - 82
91 > 127 > 83
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705.04 THREE MINUTE STEP TEST: This test will be performed usinga bench
16 inches high and a metronome of 96 beats per minute. Pior to
the commencement of the test, the officer's resting pulse rate will
be taken while seated. On command, the officer will step up and
down from the bench keeping cadence with the metronome. At the end
of 3 minutes of exercise the officer will stop, sit down and the
pulse will be taken immediately. After a period of three minutes
rest, the officers pulse will be taken. If the officers pulse has
not dropped sufficiently, further examination may be necessary
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The following chart will be utilized in determining the score
allowed for the 3 minute step test:
-M in a es ear Rate
H20
Malei' Fe es
Score Immediate 3 -Men -Immediate ter
3 -Min
5 < 119 < 75 < 125 < 80
4 1 2J - 129 73' - 84 123'- 135 8T - 89
to 3 130 - 144 85 - 93 136 - 150 90 - 99
2 145 - 159 94 - 105 151 - 164 99 - 110
59 1 > 160 > 106 > 165 > 111
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range of motion in a single joint or in a group of joints.
There is no known test that measures the flexibility of all the
joints but the sit and reach test will measure the all important
flexibility of the lower back and hip areas Additionally, the
elastic ability of the muscles located in the back of the legs and
in the trunk is measured. The following chart will be used to score
the flexibility phase of the physical test:
Age exp „ y
Score
Group (Sit/Reach)
males ema es
20 5 > 15.75 > 16.50
4 14.-00 - 15.50 14.-75 - 16.25
to 3 12.00 - 13.75 12.75 - 14.50
2 10.50 - 11.75 10.75 - 12.50
29 1 < 10.25 < 10.50
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> 16.50
14..00 - 15.50
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12.00 - 13.75
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10.75 - 12.50
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March 8, 1995
Honorable Mayor and Members of City Council Meeting
the Hermosa Beach City Council March 14, 1995
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, 1994 through June 30, 1997.
Background:
The previous Memorandum of Understanding (MOL) with the Firefighter's Association expired June
30, 1994.
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, 1994 through
June 30, 1997.
Analysis:
Negotiated changes to the MOU include the following:
1. TERM July 1, 1994 through June 30, 1997.
e'7
2. SALARY : 2.5% increase retroactive to W101/94
2.3% increase effective 07/01/95
3.5% increase effective 07/01/95
3. Bereavement leave of 2 shifts per year.
4. Increase life insurance from $40,000 to $50,000.
5. Court stand-by pay.
6. Add one shift per year holiday comp for Martin Luther King, JR's. birthday holiday.
(effective 07/01/95).
Increase Paramedic base salary $60.00/month.
8. Report the value of the 9% Employer Paid Member Contribution (EPMC) to P.E.R.S.
effective November 1, 1995.
9. Allows development and implementation of an auxiliary firefighter program.
lj
The fiscal impact for 1994-95 is $27,700.
Respectfully Submitted,
p
Robert A. Blackwood
Personnel Director
Noted for Fiscal Impact:
Villi Copeland,e Director
Finance Director
C ncur:
Stephen R. Burrell
City Manager
/0�
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N%Wo SUPPLEMENTAL TO THE FIREFIGHTER'S ASSOCIATION MOU
Effective July 16, 1996 Article 21 of the Firefighter's Association Memorandum of
Understanding is amended to the include the following language:
ARTICLE 21 - ACTING POSITIONS AND SPECIAL DUTY PAY
D. An employee covered by this agreement and assigned to perform the duties of
Reserve Firefighter Program Coordinator shall receive an additional 5% above base salary
for each month so assigned.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized
representatives to execute the Supplemental Memorandum of Understanding this
I � day of July, 1996
mb/c:f=up
\4�
President,
Firefighter's Association
.,,r,:.,ddddd,_
s_.rl
_
Mi Mana,pr
*Awl
CLOSED SESSION
Honorable Mayor and Members of
the Hermosa Beach City Council
June 18, 1996
City Council Meeting
of June 25, 1996
REQUEST FOR AUTHORITY TO NEGOTIATE A PREMIUM PAY FOR RESERVE
PROGRAM COORDINATOR WITH THE HERMOSA BEACH
FIREFIGHTER'S ASSOCIATION
Recommended Action:
Staff recommends the City Council authorize the City Manager to negotiate a premium
pay for the individual assigned as Reserve Firefighter Program Coordinator pursuant to
provisions of the current MOU between the City and the Firefighter's Association.
Background:
The City Council has previously authorized implementation of a Reserve Firefighter
Program. Staff has completed negotiations with representatives of the Firefighter's
Association regarding the "structure, recruitment training and equipment components" of
the reserve program and recruitment of qualified candidates is being scheduled.
Responsibility for program implementation, coordination, and monitoring has been
assigned to one of the Fire Captains. The Fire Association has requested that the Reserve
Firefighter Program Coordinator be eligible for premium pay pursuant to Article 21 of the
MOU. Article 21 - Acting Positions & Special Duty Pay provides a premium pay for
individuals assigned additional responsibilities for Plan Check Officer, Paramedic
Coordinator or Department Mechanic. This article also states "the City and Association
mutually ¢ree to meet as the need may arise, to develop additional Special Duties pay
categories."
Analysis:
Pursuant to Article 21 of the MOU, the premium for this special duty assignment is 5% of
the assigned individual's base pay. In this particular case the additional annual cost for FY
96/97 will be $4,025 ($3,240 premium + $785 PERS).
Following Council's authorization, staff will prepare a Supplemental to the MOU for
approval at the July 9th Council meeting.
Respectfully Su�t'rilled,
Robert A. Blackwood, Director
Personnel & Risk Management
Co ur:
Stephen R. Burrell
City Manager
s
J
SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
DATED JULY 1, 1989 BETWEEN THE CITY OF HERMOSA BEACH
AND THE HERMOSA BEACH FIREFIGHTER'S ASSOCIATION
On behalf of the Hermosa Beach Firefigher's Association and the City, and in the interest of
furthering the provisions of Article 64, titled "Employer -Employee Relations
Sessions," the parties have conducted meetings to "examine alternative work schedules".
The City, represented by the Director of Public Safety, and the HBFFA Board of Directors, in
concurrence with its general membership, mutually agree that further consideration of
alternative scheduling should be accomplished by trial and evaluation.
City and HBFFA mutually agree to a one (1) year trial and evaluation period of the "48/96work
schedule" (48 hours on duty - 96 hours off duty), commencing on January 1, 1993 and ending
on December 31, 1993.
The City and HBFFA further agree:
1. That during this one-year trial period, the scheduling plan is not a vested right. At the end
of the one-year trial period, the City shall have the sole discretion as to whether to continue
or discontinue the scheduling plan. The decision to continue or discontinue shall be made no
later than November 30, 1993. The decision to continue or not continue is not subject to
the meet -and -confer process, nor may it be appealed in any manner. If the decision is made
not to continue the scheduling plan, said schedule shall end on December 31, 1993, and
employees shall revert to the work schedule in effect before the trial period began.
2. That either party may, without cause, cancel this agreement at any time during the one
(1) year trial period by giving the other party thirty (30) calendar days written
notice.
3. In the event of an emergency situation, the City may cancel, after or amend the work
schedule as necessary, immediately.
3. That all other provisions of the current Memorandum of Understanding shall remain in full
effect during this trial period.
Notwithstanding any provision of this side letter, it is the declared intent of both parties that no
member of the HBFFA unit, shag. suffer any loss of compensation, benefit, or existing
entitlement through the approval of this side letter of agreement—
DATE:4"L_Lr
! --"
Frederick R. Ferrin, City Manager
r
Greg Dale, President
H 4osa Beach Firefighter's Association
r
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. 95-5723 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 place thereof on March 14, 1995.
The vote was as follows:
AYES:
Bowler, Edgerton, Oakes, Reviczky, Mayor Benz
NOES:
None
ABSTAIN:
None
ABSENT:
None
DATED: March 16, 1995
Deputy City Clerk