HomeMy WebLinkAboutResolution 2004-207 N.C.S. 11/04/2004 Resolution I~To 2004-207 ~,~,5,
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY T>EIE DTJLY AUTHORIZED REPRESENTATIVES
OF THE CITY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1415 FOR EMPLOYEES OF UNIT 7 (FIRE)
WHEREAS, the City, through its duly authorized representatives, and the International
Association of Firefighters, through its duly authorized representatives, have concluded their
mutual obligation to meet. and confer in good faith with respect to terms and conditions of
employment for the employees in Unit 7, in accordance with the Meyers-Milias-Brown Act and
the City's Employer-Employee Relations, Rules, and Regulations (Resolution No. 5512 N.C.S.);
and,
WHEREAS, the duly authorized representatives of the City and the International
Association of Firefighters have executed a Memorandum of Understanding pursuant to Section
15, Resolution No. 5512 N.C.S. and recommend. it's approval. by the City Council; and,
WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charter,
and as the City's Municipal Employees' Relations Officer (Resolution No. 5375 N.C.S.) is
required and empowered to make a recommendation to the City Council on matters related to
employees' compensation; and,
WHEREAS, the City Manager has reviewed and concurs with said Memorandum of
Understanding for Unit 7 and does recommend that the City Council ratify said Memorandum of
Understanding.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding,
being iri the best interests of the City, is ratified and the terms and conditions of said
Resolution No. 2004-207 N.C.S.
i
Memorandum of Understanding shall be effective July 1, 2004 through June 30, 2005, with
salary adjustments effective July 5, 2004 and January3, 2005.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form
on the ........1 ~ day of .......Nov,ember............................, 20 04., by the
following vote: ~
City Attorney
AYES: Mayor Glass, Harris, Healy, O'Brien, Thompson, Torliatt
NOES: Vice Mayor Moynihan
ABSENT: N ne ~
ATTEST:
Cit Clerk Mayor
Council File
Res. No.......2.QQ4.;2,Q7,.,..,.,.N.C.S.
ATTACHMENT A
Unit 7
Memorandum of Understanding
Between Loca11415 International Association of Fire Fighters
and the City of Petaluma
This Memorandum of Understanding is entered into pursuant to the provisions of
the Meyer-Millias-Brown Act, Section 3500 et sey of the Goverlment Code of the State
of California.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in said representation units,
have freely exchanged information, opinions, and. proposals and have reached agreement
on ail matters relating to the employment conditions and employer-employee rzlations of
such employees.
This Memorandum of Understanding shall be presented to the City Council of the
City of Petaluma as the joint recommendations. of the undersigned parties fir salary and
employee benefit adjustments for the period July i, 2004- and ending Jane 30, 2005 with
salary adjustments effective July 5, 2004 and January 3, 2005.
TERM OF AGREEMENT
This Memorandum of Understanding shall be for the period commencing on. July 1, 2004
~}pith adoption by the City Council and continuing through June 30, 2005.
SALARY
The City agrees to a general wage increase of four percent (4%} retroactive to the first
- pay period of fiscal year 2004-2005. (Pay period beginning on July 5, 2004). The City
agrees to a salary adjustment to the position of Fire Engineer of one percent (1 °ro) to the
first pay period of fiscal year 2004-2005. The City agrees to a general wage increase of
t~~~o percent (2%) effective the first pay period in 2005. (Pay period beginning on January
3, 2005}.
UPDATED JOB TITI_,ES
Revised language throughout MOU document to reflect cwxent job titles
SIECTION 2 -DEFINITION OF TERMS
Revised language for Section 2 which updates definitions
The following definitions apply throughout this >~iOU unless the context requires another
meaning.
2.1 Advancement: shall mean a salary increase within the limits of a pay range
established for a job classification.
2,.2 Allocations: shall mean the assignment of a single position to its proper job
classification in accordance with the duties performed, and the authority and
responsibilities exercised.
Resolution No. 2004-207 N.C.S. Page 3
2.3 Anniversary Date: shall mean tine araliversary of the date of the employee's first
regular -probationary appointment with the City.
2.4 Applicant: shall mean a person v,~l-io has filed an application to take a promotional
exam with the Citv.
2.5 Appointment Authority shad mean the City Manager or his or her delegate who,
in his or her individual capacity, hav4 the fn.al authority to make the appointment
to the regular position to be filled.
2.6 Bulletin Board: shall mean the ofticial posting place for Union notices as
prescribed by this MOU.
2.7 Certification of Empl.o~yment mist: shall mean the furnishing of names by the
Personnel Officer of eligible, available candidates for employment from an
Employment List in the marule-r prescribed ir. the City of Petaluma Personnel
Rules and Regulations.
2.8 Certification/License: shall mea;~ a document certifying that one has fulfilled the
requirements within the scope of that certi.tication or license.
2.9 City: shall mean the City of Petaluma..
2.10 City Manager: shall mean the City ;'~1=ai;ager of Petaluma.
2.11 Classification: shall mean ail p~~sitions similar as to duties, authority, and
responsibility, to permit grouping under a cotr~mon title and the application with
equity of common standards of selection, transfer, promotion, and salary.
2.12 Classification Plan.: shall mean all regular positions in the competitive service
.defined by classification specif cation including title.
2.13 Competitive. Service: shall. anean all regular positions of emplo}nnent in tl~e
service of the City except thaw specifically excluded by ordinance.
2.14 Demotion: shall mean the movement of an employee, from one classification to a
lower classification. .
2.1 ~ Department Head: shall mean the individual who is designated the administrative
head of a department.
2.1.6 Discipline: shall mean .a range of corrective actions that may be progressively
more selere designed to correct negative behaviors, job perforn~ance or
misconduct in which the level or action taken fits the nature of the problem.
2.1? Dismissal: shall mean the termination of employment far cause by the appointing
authority.
2.1.8 _Eli ible: shall mean a person whose name is on an Open Employment List or
1'rom.otional E rnplc?yn7ent List.
2.19 Etnplo went List:
A. Open. Eir~loytn.ent List: A list of names of persons who have taken an
open -competitive exaYninatioYi for a job classifications in the competitive
service and have qualified.
B. Promotional Err~ployment List:.A list of names of persons who have tahen
a promotional examination for a job classification in the competitive
service and have qualified.
2.20 Examination:
A. Omen -Competitive Examitlation:.An examination for a particular
classification, which is open to all persons meeting the qualifications fir
the classification.
Resolution No. 2004-207 N.C.S. Page 4
U. Promotional Examination: An examination for a particular classification
admission to the examination being limited to regular aild probationary
employees in the competitive service who meet qualification for the.
classification.
C. Continuous Examination: An open -competitive examination which is
administered periodically and as a result of which names are placed on an
enrployment list, in order of final scores, for a period of not. more than one
year.
2.21 F1SA ~'~%ork Period: shall mean atwenty-eight (28) day work cycle that in:.Iu.des
two (2) pay periods.
2.22 :Layoff: shall mean the separation of employees form the active workforce due to
file iacl of work or funds, or to the abolition of positions due to orga~~izational
changes.
2.23 Meet and. Confer: shall mean that process to reach agreement on m~atte~•s witl-iin
the scope of representation as defined by the Meyers - Millias -Brown Act.
2.24 I~~linimuin_Qualifications: shall mean the lowest acceptable degree of skill,
educato3Y, abilities, experience, and p;,rsonal and physical characteristics for the
s~lection.of an appointee to fill a position vacancy.
2.25 Overtizr~~ Pte: shall means payment to an employee for work in excess of i~l~e
regular werlcday.
2.26 Overtime 'vVork: shall mean work performed in excess of the regular workday.
2.27 assed C1ver: shall mean fherejection of a certified name on an LmpJ.oyinent ~ ist ire
favor of a certified name in a lower position on the Employment List.
2.28 Personnel Officer: shall mean the City Manager or a duly authorized
representative.
2.29. Pay Period: shall mean a fourteen (14) day period of time corresponding with the .
Cit,j's pu'alislled "Schedale ofYay Periods.
2.30 Position: shall mean a Regular Position in the Classified Sei
mice.
2.31. Probationar;~ Em~lovee: shall mean an employee assigned to a regular position
for a probationary period.
2.32 Probatianary Period: shall mean. a working test period during which ai9 empJ:oyee
is required to demonstrate competency for the duties in which appointed b~? actual
perforrn.ance of the duties in a regular position.
2.33 Promotion-: shall mean. the movement of an employed from cane classification to
another classification raving a higher maximum rate of pay.
2.34 Promotional Probationary Period: shall mean the first one (1) year of air
employee's service in a promotional position.
2.35 Reclassification: shall mean a change of an employee's status from a position in
one classification to another position in a different classification.
2.36 Ra¢ular Er.~loyee: shall mean an employee who has succF:ssfully completed tl3e
probaTionary period and has been retained by the City.
2.37 Regular Position: shall mean a position created by the City Council and assig~led
to an existing classification within the classification plan.
2.38 Relief From Duty: shall mean the te~nporaiy assignment of an employee to a
status of leave with pay.
2.39 Resi anon: shall mean any employee's voluntary separation from City
employment.
Resolution No. 2004-207 N.C.S. Page 5
2.40 Rotation: is defined as three (3) duty shifts assigned in a nine (9) day interval.
2.41 Seniority: shall mean that time from the date of hire within the Fire Department of
those classes represented within this MOU.
2.42. Sus ension: shall mea11 the temporary separation from the sen~ice of an employee
without pay, for disciplinary purposes.
2.43 Transfer: shall. mean a change of an employee from ono position. to another
position in the same classification or in a comparable classi_tication.
2.44 Unit: shall mean the appropriate grouping of classification based on the
COm1TlUnlty of interests among such employees as det~,i-~mined by City of
Petaluma.
2.45 Written Examination: shall mean that. pa3-t of are examination process conducted
through a written test to evaluate tho candidate's education, experience, and
general qualifications pertinent to the position for ~~~hich examined.
SECTION 5 - HOtiRS AiV'D +®VEIZTIIVIE
Revised language to change to a 40-hour workweek for light duty
5.5 Light Duty- Workweek
The Fire Chief may assign a_n employee to~ liglii duty due to the health or
disability of an employee. The Fire Chief may determine a flexible schedule
based on Monday through Sunday forty (40) hour uvork~veek.
SECTION 8 - SALES
Revised language to clarify salary step schedule, standardize bilingual pay language and
. provide an increase in'~ilingual pay; provide, for additional education and certificate pay
.and to provide for an increase i.n education and certificate pay
8.3 Merit Advancement -Schedule
An employee shall be considered for a merit increase to the Salary Steps as
follows:
Salary Ste Advancement Schedule
From l to 2 6 months
From 2 to 3 18 months
From 3 to 4 30 months
From 4 to ~ 42 rn.onths
b.6 Bilingual Pav Spanish
A qualified employee, who der.~onstrates Spanish bilingual proficiency at an
acceptable proficiency level as determined by the Human Resources Director,
shall be eligible for Spanish Bilingual Pay in fire amount of two hundred dollars
(5200.00) per month. To qualify, an employee must be, tested and certified as
proficient at an acceptable proficiency level as determined and certified by the
Human Resources Birector and in accordance with the City's Administrative
Policy on Bilingual Proficiency Testing.
Resolution No. 2004-207 N.C.S. Page 6
8.7 Education Incentive Pa~~
The following Certificate Pay and Educational Incentive Pay is provided for
qualified employees in the classil cations of Firefighter, Firefighter/Paramedic,
Fire Engineer, Fire Engineer%P~xan:edic, Fire Captain, Fire Inspector I and Fire
Inspector II.
Fia•e Chie'~Prevention Prevention
A
S. or B.A.,or
Office~icer ~ Officer I Officer II A.A. B.S.
Cert. ~ Ce _
rt. Cert. ~ Cert. degree degree
5100 5200 ~ 5100 ~ _5200 $100 $200
Amounts are Per month tizzies 12/2.
The cumulative amount of certificate anal or educational pay shall -not to exceed
two hundred dollars (5200) per month per employee.
Those eligible fir the Fire Pr~.veniian Certification must be assigned to the Fire
l~larshal's Office on a perrnarent basis.
S~CTIOi~i I1 - ~~AC ATII~IV
1?.evised lar~gaage to clarify vacation accrual and usage
11'.3 ~Tacation - Acc:-~aal
The higher accz~.zal rate-is effective twelve (12) months prior to the of
ected
anniversary date so that:. suftici~nt accraed time is available on the anniversary
date.. Azl.employee who is du.e an increase in vacation during tl~e next calendar
year.may include 1:he ad,ditior_al vac:~.tion time during sign-ups for that ye?r, a~ld it
maybe taken cone~zrrent with other ~,~acation days, provided the employee does
riot exceed his or her accnzed vacation hours. The Department will notify an
employee when he or she is wi~hin t:en percent (10%) of the maximum balance
allowed.
11.4 Vacation -Selection Procedure
(A) The order of selectiezi of aanual vacation shall be based solely on
respective department seniority, by shift, irrespective of ranl~ or jeb
de~cripti on.
(B) With the exception of C belovr, the maximum number of suppression
persor~r;e1 eligible to be on vac.atian at any one time shall be one (1) per
shif~.
(Cl Overlap in vacat%ons will be allowed only for those shifts i.n excess of the
maximum num...ber of vacation shifts per year. (For example, if B shift
works one hundred. and twenty one (121) shifts in a given year anal the
number of eligible vacation shifts to be taken by employees is one hundred
t~~~enty eight (128) -shifts, then the number of overlap shifts for B shifr that
calendar year is seven (7).
(D) The Platoon Battalion Chief will establish the number of overlap shifts
prior to vacation selection. This process consists of determining the total
Resolution No. 2004-207 N.C.S. Page 7
number of personnel, assigned to any given shift times the total number of
shuts each member has accrued for that given year. This number equals
the total vacation days required per shift. The City retains tl~~ right ro
adjusf selected vacation shifts for the purpose of r_~aximizing contiguous
- ~,~acation opportunities for the most junior members of the Departrent.
(E) ~%acation selection may be taken as one vacation period or be split
between two or more vacation periods. If the employP~ elects to split
vacation, the second anal su'JSegnent selections will be made on a round-
robin basis.
(F) Far purposes of vacation, seniority will be determined ?
~y the date of
service. ~~Vhen more than one person has the same mire. date, seniority will
be d.etennined by their placement on the employment list with the
exception of those employed prior to the date of this amendr~~ent ~.~~here
other basis for seniority has previously been agreed upon.
Subsequent to the establislunent of the vacation list, an employed may
trade vacation periods when mutually agreeable, wiler~ reasonable written
notice has been provided to the Department, subject i:o the approval of the
Fire Chief when considering the operational needs of the L?epartment.
(l=I) Selection of additional vacation days nay be .granted by the I3attalion
Chief, if available, provided all members of that shift have picl~ed at least
one (1) round of vacation. Employees whose total vacation ac.cru.al has
bocn increased due to a defen-al may b~ l±,r:riitt~:d to select additional
vacation clays subject to the prcvisic~ns as ou,liried in Section ;1-.4.
1.1.5 Vacation -Deferral
~lnnuall}~, at the tune of vacation. selection, an employee may elect to defer
accrued vacation up to the maximum allowed fewer t?~tan 11..3 above. Deferral of
accrued vacati~an hours are su~bje~ct to the limitations as stated in 11.3 above.
SECTION 12 - LI±;AVES - SICK I~Er~V>E
Revised language to clarify sc'_c leave usage and inco:poT-a+.iari of side letter of agreen~ert
1Z. ? Sicl{ Leave Usage Famil~Purposes
Sick leave for family purposes may be used only ir; the case of iiln_ess, disability
or the serious illness, or injury of apt employee's family member, which requi.-es
the employee's attention.. The tear, '`family rr,ernber" shall include: spouse,
domestic partner., children, pare:~ts, spouse's parents, brathers, sisters or other
individuals whose relationship to the employee is that cif a dependent or near
dependent.
12.6 Sick Leave -Rate of Usage
Sicl~ leave will be charged against the employee's accrual at the rate of an hour for
an Dour based on actual sick leave usage, for the first day of sick leave used. per
Resolution No. 2004-207 N.C.S. Page 8
injury and illness. Eac}; successi~>e cia}- w'i'll 1:~e charged at the rate of twelve (12)
. hours for the. same injury or illness.
12.9 Sick_Leave -Relationship to Workers' C,ompEZis3tian
(A) When the employee's absence fro;: work leas been: occasioned by injury
suffered. during his or her eb~;;~i.t~~•rnent: and he or she receives workers'
compensation, he or she shall also. be untitled to receive from t:he City the
difference 17etween such wor:~:ers' rc?n~pensaticn; benefits paid and the
amount which would. otherwise I"lave b~;en paid hereunder far sick leave.
OrdinariJ.y, it shall be the pohwy in wori:ers' compensation matters that the
employee sr~a.11 assi~
1 to the C.i:y any benefits rendered him during the
period that he or size is abseYit o~:~ sick leave a_rid tie City shall pay hi_m his
or her full sicl~ leave benefits.
(Bl Sick leave under worice;°s' ~;ompensatiL;~ is a supplement to the workers'
corripertisa.tion benefits to l~ro•~~ide tl~e ernplo}~e:, compensation at his or her
regular rate. All emmployees rec~;iving full salaries in lieu of temporary
disability payments pitrsuailt tc~ Labor. Code Section 4850 are entitled to
accumulate sick leave during such periods of disability.
(C} After Labor Code Sectior: 485 be.~efits are exhausted the fallowing
fanrula will be used ire utiiiziilg sick leave, as a supplement to Worker's
Compensation. berle~t`s, to provide employee compensation at his or her
regular :ate of pay:
One hundred and t~n•eivP p~7int :3 (112.3) hours eac11 pay period =regular
rate of pay
- State I~isabiLty I'ayinei~t
Balance:Charged to 5ic1~ L.eav?
The balar~re charged t~ sick leave will be as specified ire Section 12.6 above. Any
partial shifts less than twenty-four (2~
j fours, but. not less than. twelve (12) hours,
will ~be charged at a rate of tw~;,lve (12} hours. Any partial twelve (12) hours or
less will be charged at hour for hazer.
SIEC'I'i~N 13 - LIEAZLS - BEREAVlEIV;<El\~'T LIEAVE
kevised lanVuage to clarify definition of iminedaate family and approval cf travel time
13.2 Bereavement Lea~~e - I~e.finition_O1~ lrizmedi~te Fan-ii.~
For the purpose of bereavement leave, immediate family shall m:,an spouse,
qualified domestic partner, father; father--in~•]a~v, ;pother; mother-in-law, brother,
sister, brother-in-law or sister-in-law, child (including stepchildrerL), stepparents,
grandparents arzd Qrandchildren er person with whom. the employee has a
relationship in. loco parentis.
Resolution No. 2004-207 N.C.S. ~ Page 9
13.3 Berea:<~~.neni Leave, -_T~-ca.~~e; TirnP
The :ire- ~..liil,f 2a1a~a~ a:uthcrize additional travel ti~•ne, if needed. It is the
respor~siL~=.'lity of fr,e ,employee to notify his ar her Company Officer or designated
representative of th? death of the family member.
SEC~IO:~T 17 - I,~ ~~k'~.S - ;"'A.~lI.~' CA:t'~; ANI) l0'I~+r)ICAL LE-A~,!l! A~'~P 'I'I3E
CAY.,~~>~ORl~IA FA~~?III.~' RIGIITS ACT
kc~isrd la~lguage, to reflect cuiYent law
17:1 F'>\~iLA and or Ct`~FA Leave
The City ~,~-ill pro~~ide farrfiiy and rn;;dical care leave for eligible emplayec-s as
required by City pnliov, state and federal. law ara.d as specifically provided ire the
Federal Fa:rily 2.nd ]VTed.ical Leave. Aot of 1993 (FMLA) and .the California
F'amii}% 12ig~'~ts Act of 1993 (C:~~A). if possible, employees must provide thirty
(30) days advance notice of lave.
i ~ .2 F?~ILA and or C;RFA -Second Opinion
The ernploy~;e shall provide the City with a health care provider certification.
il~e City, at City expeise, nay require a second opinion. on the validity of the
certificaion. Sl~ou7c1. a cosiflict arise between health providers, a, third. and binding
opinion, at Clay e;~pelse will_ be.sougb.t.
SECTII;l'R i~ - I.'EA'FJlES - I'I~014IAi~1CY DISAI3ILIT~' L,>EA~'i?
Revised language to reflect current law
18.7. Pre~-nanL_~sabil_ity L-eave
The City will provide pre.~i~ancy disability leave (PDL) for eligi3~le em.ployee;: as
req>'iced by City policy and state law and as specifically pro ~icied in tl~~e. 'r air
t,rnplo ei~t and Hmasing Act tend the California FaY.lily Rights Act of 1993. If
possi.:ble, Pmployees r~iust provide thirty (30) days advance notice of leave.
S~ ~,TIO~i lg - I?ISCIvI~'III~ATION, IIARASSIYIENT ~Rc
F.~ JrAT__I~TIO]'vT iPI20I~IBITIJI?
Revised language to reflect cun•ent law,
l~iscrimir_atien, ~ia:~assment and. ret:aliatior. againsi any employee for emplo}nnent because '
of ar, emple~yee's race, religion, creed, political aff Nation, color, national origirt,
ancostry, sex; sexual orientation, gender (c,r gender identityl, age, familial status,
%eteraz~'s status, rahysi.cal or rr,ental disability or medical condition is prc}l}ibited: A City
emvloyee .who feels he er she has been discriminated against, harasseG, or rc;taliated
against needs to'-epor-t the conduct iml~nediately to his or her supervisor or t.o the Human
p esources Director.
Resolution No. 2004-207 N.C.S. Page 10
SECTION 20 -1R.EASONAIILE ACCOi~I[>~1[~3IAA'L'I~3I~i
Revised language to reflect current iaa?
. h, accordance with the California Fair Empleyrnent and House Act (F%.I~1A) ind the
~rnericans.vrith Disability Act (ADA), the City will reasonably accommodate ar?y'scnow
protected disability of an employee.
Sr< CT;iON 21 - CALIFORNIA PUBLIC E~PLO'li_'EI~ S' TI3~I~;`~1i>?NT S~~'S T ELI
Updated and revised language to refrect curri?nt program? bone%ts
Effective ?une 25, 2001, the City provided sire Safety members with tine ° o at 50
formula retirement plan. The Citys contract with CaIPE'tS inclusres the fb~lowina
~~tional benefits:
o Fourth Level - ].959 Survivor's Benefit as provided in Section 21382.5 (1\1ay 4, 1)98).
iblilitary Service Credit as provide in Section 20930.3 (January 4, 199E).
s Cane-Year Final Compensation as provided Section 20024.2 (November i, 1951).
® Credit for Unused Sick Leave as provided in ~rFctior. 20862.80. (N~•aerrlber 1.; 198.1).
Post F.etirement Survivors Allowance -fifty percent (50%,) as provided by Sections:
21263, 21263.1 and 21263.3 (January 1, 1987.
m Cost of Living Allowance two percent (2°%) a provided by. Section. 21335 (November
l; 1981).
Tire City shall continue to defer that portior_ of the emlfloyee's contribution paid to
`~aIPFRS through section 414(h)(2) of the :irrterriril Revenue Code pursuant to -City of
Petaluma Resolution 90-363 N.C.S.
SECTION 25 - HEALT>FI AT'1D "~%ILFAI'.E ~E~'E>N,IT ~A~'I~vIENT
Revised language to provide for continued health plan coverage at tl7e ne~~~ Kaise;• rates
Ors 3anuary 1, 2005, the City shall provide to tl~e active rn°r.rbers of Unit 7 additional
monthly health and welfare payments equal to the PEMHCA 1{aiser i~?orth premium
amounts less one-hundred ($100.00).
SECTION 36 - SIC;I~ I.EA'v"E T}:Al`~TSFEI~.
Revised language clarifying sick leave transfer
:i6,1 Sick Leaver Transfer
Employees wishing to donate hours of sick leave to :soother employee may do so
by sending a written request, approved by their deparin~ent r~e~d, to ti-ie Hurna.n
Resources Department naming the individual to receive the sick leave ai-td the
amount donated, with the following restrictions listed in 36.2.
36.2 Sick Leave Transfer -Limitations
Sicl: transfers shall be subject to the following limitations:
(A) Transfer of sick leave shall be allowed between X11 Units.
:Resolution No. 2004-207 N.C.S. Page 11
Transfers are for .dick. I:e:.vo ~ti:cz Rio: f:3r use at retirement.
. (C) A donor mast retain a'valunce of five-]s~wildi-ed (.500). hours at any time.
(I~) Transfer amounts shall b::~. iil:iiteu to the number of actual hours
needed anal used by the receipt,~nt., plus forty-eight (48) flours.
(E) Any donated sick leave ~:loui:s 2,inused bj~ a recipient, shall be returned to
the donor, less foi~y-c:i~]~t ]lours, which may be retained by the
recipient. L
(F) Th:, recipient.must have i+. L,Fi~.~ balaa:ice.
(G) A recipient may receive no n:•^-re t?,an cr~e-thousand, four-hundred, sixty"
(1460) hours pet-1~`iscal year.
(H) The donation. must be fc:~ an illness or injury involving extreme physical
pain or the impainmar~t air f~~irction of a bodi]y member, organ or mental
faculrv, and regairii:,~ mec:ical intei-ventioi. such as surgery,
hos_;~italization, or physical re<~abiliaticn.
~ECTI~?i~' 3"1- FI~?~~ I?~~FEt~~'E)R
Revised language to incol~~orate ~id~ ietters.,of agreemetlt for Fire Inspector
37. ] Fire 1:ns
ep
•ctor ~;~~hts
The Fire Inspector shall enjoy all ri~7his ~xnd benefits retained by all other .
personnel ill LTriit excpt Us differentiated hereunder:.
37.2. Fire Il•~specior - Work ~deelc
Workweek. s'r~a11 be fort; ,'"40) 11,31.}-s. "!'lie v~c~rlcda}~ schedule (5/8, 4/l Ol shall be
determined ley the Fire Chief:
37.3 Fire Ii~l~~c-tor - ~1v~ertir~ie.
One ~~nd ore ?-la.lf (1-1/'?) titries hel.?.r]y raise for all. hours ovor the normally
assigned wok day (i.e. eight (81 lie>:ors por dit}j, ten hours per d.ay.)
37.4 Fire Insr_~eci;or - Standb~~
(A) after rlorrna] bu,sir~ess ]lours (evel~ings; weekends ~i1d riolidays) avaiiabi]ity
lczr which a fare inspce+-or . is rec~uired to respond to a fire depai~tl~ient
incident (primarily, fir:, investigation) when the Fire Marshall. is not
available.
(}3) Standby duty steal] be defined as that crcurr~stance requiring the employee
to:
helnaln Wlthln.l rea~;Ollable re~pOllSe tlme Jl"ea (nOt greater than an
apl~roxiinate f:,rty-flue (~l5) minute travel time).
(2) Retain from. activities that nlighi impair his or her performance cif
assigned duties aeon call:,
(3) ~e ~tvailab]e at a]I boars by telep]:~oi~e or other coinrriunication
devices (pager).
Respond vromptly upon. receiving a c,al1-out assignment.
Resolution No. 2004-207 N.C.S. Page 12
(C) _r~.Tanagej~~.ent, in writing, prior to the assignment, shall assign startdLuy
duty.
(D) Fire Inspectors assigned to standby duty shall be compe~~zsated at a rate of
tl~.r~e doli,~rs 03.00) per hour.
(E) I?istril;utior~ of the standby assignment will be equally divided (as
practical) betv~een the Inspectors.
37.E Fire Ins~ctc~r_Compensatory Ti?ne
if\) Fire Inspectors may e~ec~t to have overtime paid out at the overtii:~e rate or
.tccrued to compersa.tory time accrued at 1.5 x the hours worked.
~F33 Compensatory time off shall be allowed only with the prior appro:~al of
tl-~a Fire T~~Iarshall, subject to the operational needs of the City.
(C Compensatory Time Accrual shall be limited to a balance. of not more than
forty (~0) 1•~ours on the books at any one time. Excess hours will be
cc;:~.verted automatically to pay at the overtime rate.
3'7.6. sire Lnspect_r~r - I-lolida
~~%ith.respect to holiday pay, the Fire Inspector shall continue to utilize existing
p~~actic~ (receive the holiday off with pay as other forty- (40-) hour enip]oyees of
the City}. During the Fiscal Year the City will Authorize one (1~) Floating
Holiday r;er employee, which maybe taken by the employ:,e ai a ti.rsie selected by
the e:~playee, s~zbject to operational requirements ani? approval by the City:
L.Ynployees hi'•vd bet~ve~n July 1 and December 31 wii_1 be eligible for a Floating
Holiday Blaring the course of the Fiscal Year. Holidays for the Fire Inspector
shall be determined by Council Resolution. Holidays shall. be paid at eight (81
boars per hci`iday with: any additional hours being taken fiom vacatioiv leave of
absence without pay.
37. % pire_ln~ector - ~Ja:cation Accrual
~QilQUlAi Oil Vacation Accrual 1E~ou~-s 1°??laxin~urn Accrual ~
C'on>tinuous Per Year , billowed ~ ~
Service _ ~
From Hire through 5 80 hours ~ 1.60 hours
~y`ars
Frorn fi though 10 120 hours -~40 hours
years _
Through i J. years 128 hours 2~6 hours
Tl~~ough 12 years 136 hours 272 hours
Tluough 13 years ~ 144 hours 288 hours
~7,hrough 14 years 152 hours 304 hours
?'1}.rough. 15 years 160 hours 320 haLU-s
Resolution No. 2004-207 N.C.S. Page 13
Through ]6 years 1b8 hours _ _ 335 ho~zrs _
Tl-u ough 17 years 176 hours _ 152 hours
Through 18 years 184 hours 3~8 )tours _
Through 19 years 192 hours ~4 hours
Through 20 years 200 hours 40C hours
37.8 Ftre-Inspector -Vacation Deferral
The Fire Inspector may defer annual vacation leave with the appzov°al cf the Fire
Chief to a maximum of two (2) years accrzaal.
37.9 Fire Inspector - Siclc Leave
Accrual of eight (8) hours per month with unlimited accumulation.
7.10 fire Inspector -Rate of Usage
Each day shall be charged against the employee's sick leave at the rate of the.
workday or less, if actual sick leave usage is less.
SECTION 38 -1lZAINTENAI\TCE OF CEI2TII+ICATIONS' LICENSES
Rearrangement of laalguage
Employees shall assume responsibility for maintaining validation of the_certifications
required tizy their job classification. Including F,M"I,, .Karam°dic. acid C'.lass B Commercial
or Class B Firefighter Exempt licenses.
AF:~ENi~IX I3
S~ir~ey J~risdict«ns
Incorporation of this side letter into 1~1OU as an appendix
City of Petaluma
Firefighters -Unit 7
The City and the Firefighters Association agree that the following jurisdictions
wiil_ be used in "total compensation" sure°eys~
City of San Rafael
Novato Fire Protection District
City of Santa Rosa
City of Napa
City of Vallejo
Resolution No. 2004-207 N.C.S. Page 14
The parties affix their signatw~es as co~lst;i~jting r~lutual acceptance and recommendation
of this Memorandum of tlnderstandi.;ir to '•,,ecome effective upon acceptance and
approval of the City Council.
INTERNATIONAL ASSOCIATION OF FIRE ;F'IGI3TERS
LOCA 415, PETAL~~IA
Dan ~ ~.~i~- -Z ~ c~~
~.pperson Date
President, I.A.F.F. Focal 1415
Rick King Date
ating Committee, l.A.F.F. Local i 41.:>
~
f~ - ~ L; ~ Lam--.
---r- _ _
Davy
~ Date '
Negotiating Committee, i.A.FF. Local 14 a 5
CITY OF PETALUMA
Pamala Robbins ~ Date
Interim. Human Resources Manager
d Cuenin Date
ire Battalion Chief
Resolution No. 2004-207 N.C.S. Page 15