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HomeMy WebLinkAboutRES-95-5723 (MOU/FIREFIGHTERS-95)1 _ 2 3 4 5 6 7 8 9 10 11 12 13 14 14„./ 15 16 17 18 19 20 21 22 23 24 25 26 27 `%WWI 28 29 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. 9 H -1- �✓ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 `''/ 28 29 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 3 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. 4 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 5 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 7 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: 8 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 9 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 10 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 11 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); 12 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. 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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 20 5 < 60 < 65 4 T1-67 T6-72 to 3 68-73 73-78 2 74-79 79-84 59 1 > 80 > 85 705.02 RESTING BLOOD PRESSURE: Bloodressuremeasures force the blood exerts outward againstt einnthe amount of arteries. High blood pressure reading i; often corrls elatewith of the coronary heart disease. The following chart broken down by mine the score for the resting age groups will be used to determine ng blood Age es in oo Grou a es ressure Te --a esmcore ysto ic lasto 1c 20 ysto 1c asto jc 5 < 4 11T - 118 71 < 72 < 100 < 68 to 3 119 - 122 � - 76 10� - 110 6�'- 72 2 123 - 130 77 - 80 111 - 116 73 - 76 29 1 > 131 81 - 84 117 - 120 77 - 80 85 > 121 > 81 XXXXXXX XXXXXXXX XXXXXXXX"XXXX XXXXXXXXXXXXX XX XXXXXXXXXX XXXXXXXXXXX 30 5 < 110 < 74 < 4 1�1 - 120 73' - 78 104 < 70 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 XXXXXXXXXX XXXXXXXXXXX 40 5 < 111 < 76 4 1T2 - 120 < 105 > 70 to 3 121 - 126 7� - 80 156 - 112 7T - 74 2 127 - 136 81 - 84 113 - 118 75 - 80 49 1 > 137 85 - 90 119 - 126 81 - 82 91 > 127 > 83 0'9£ < b'83 < T 6'b£ - 8'0£ £'83 - 8'bZ Z 69 L'0£ - b'LZ L'bZ - 8'TZ £ £' LZ - Z_,£Z L ' TZ - Z_8T of b T'£Z > T68T > S 05 XXXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXX XXXXXXXX 9'I£ < £'LZ < T S'T£ - 9'LZ Z'LZ - S'£Z Z 6b S'LZ - Z'bZ b'£Z - so Oz £ TV - 0_0Z b • 0Z - 8_9T of b 6'6T > L'9T > S Ob XXXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXX XXXXXXXX L ' 0£ < I. 0' 9Z < T 960C T SZ 6 SZ - 6 -TZ z 6£ 0'SZ - Z' TZ 8' TZ - L'8T £ T'IZ - 6_9I 9'8T - of 0_ST b 809T > 66VT > S 0£ XXXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXX XXXXXXXX b'0£ < S'SZ < T £'0£ - L'bZ b'SZ - T'OZ Z 6Z 96VZ - T'OZ 0 -OZ - Z'9T £ 0'OZ - T_ST T'91 - 0_ZT of b 06ST > 66TI > S OZ S ewa sa eW 0.4oJS le� �'po9 no.4 uaJ,�a a6�9 ou lw"Iap 04 pasn . aq ! 1 �M :4uawssasse 4e, Xpoq a44 sol a,aoJs SJP4J 6uLM01!04 ayl ssew Xpoq 1a.� a Xpoq ay lan!I jo 4uaJ,aad ayl sainseaw pue 6u! 6 aM s.�adcleJ 6ucsn pawjojjad s� �uaws'y sasse 1e40 JalPM Japun 0 jo s�yl 1N3WSS3SSb lbj AGOS £O•SOC T6 < TbT < T6 < — 06 - £8 ObT - LZI Tbt < T 6S Z8 _ 6L 9ZI - TZI gg _ T8 ObT - TCT 8L J -L OZT - TT 8 OCT - £ZT - Z £ o� OL > OTT > 08 > ZZI - ITT 8L > b 9TT > S 05 JL 0 SP! J! 0 SX' Jl O�SPI Jl 0 SX' S aIPWaj a.a on n o.A g S a e W a.Anssa,4 uc�sa� oo a6y 0 £0'SOL - £0'SOL 705.04 - 704.05 705.04 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 Prior to allowing the officer to continue with the testing events. 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 > 111 705.05 FLEXIBILITY (SIT/REACH): Flexibi1ity may be defined as the 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. 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' 0Je4os Mo aq aye4uana sL4� 0 6uIjoos 441M aoup000e UL aq.4teM/unj ajwa•gdpaPoxa qIIIjedo*ijed w< o1i.l jM�l��o a4� sa6uej te4aooe anoqe aq 4 Joainssid pooLq ajej a_•tnd 6upsaj 844 40 s4insai 944 plno4S'ua6xyo az.Lpn offs6unt PUe 4�ea-edeo olgojae so 4 a44 Jo CIILIge a44 jo k4oM auo sa.�nseaw 844 Jo uot4eotpul 4uaL,aoxa ue SL4sa4 ue �.�eay aye 10 uol�Ipuoo SPI : YIVM/NnN 3lIW 9-T 80' SOL Z 0 OL T 65 S _`£ 9 Z 6 9 £Z £ o4 £ T - .QT 6ZbT < 0 S OS XXXXXXXXXX XXXXXXXXXX XXXXXXXX XXXXXXXX g _5 bt_0 t 6b OZ ST Z £T-6 LZ - TZ £ o4 LT-�t ££-$Z b 8T < b£ < S Ob yyyyxxxyyyyyy y xyyy / yyyxxy xxyyyy y �� ..i 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� shin IDNINIVOUVEI U31H'JI MIA aNV 3Ia31MVHVd `2i33MlDN3 3HlA `XIVldV3 3 HIJ KOI VIOOSSV SX31H'aI3 MIA HOV38 VS014HZH auv H3VZR VSONHHH AO AIM aHZ AIMAUMI L66 T `OE amar - V66 T IT xiar ZHZ OZ fivi ialms'IddAS v 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