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HomeMy WebLinkAboutResolutions 89-228 N.C.S. 07/17/1989;~ c..;( _` F~eSOluti®n No. s9-z2s N.C.S. of the City of Petaluma, California RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY OF PETALUMA AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1415 FOR THE EMPLOYEES IN UNIT 7 WHEREAS, the City,. through its duly authorized representatives, and the Ingernational Association of Fire Fighters, Local 1415, through its duly authorized representatives, have concluded their mutual obligation to meet and confer in good faith with respect to farms and conditions of employment for employees in Unit 7, in accordance with the Meyers-Milias-Brown Act and the City's Employer-Employee Relations Rules and Regulations No. 5512 N . C . S .) ; and, WHEREAS, the duly authorized representatives of the City and International Association of Fire Fighters, Local 1415 have executed a Memorandum of Understanding pursuant to Section 25, Resolution No. 5512 N . C . S . and recommend its approval by the City Council; and, WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charger, 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 said Memorandum of Understanding, being in the best ingerest of. the City, is ratified and the terms and conditions of said Memorandum of Understanding (as attached) shall be effective on July 10, 1989 through June 30, 1991. 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'"" -.,,_Appr ved as to Council of the City of Petaluma at a (Regular) (A~onuxi~x($~e>~1) meeting ~ ~` on the ....-l.z.i:k1-.,..-..-.. day of .....---•-• ...............Iu.ly.................-..-----, 19-£~.~_., Eby the = ~` following vote: 1 i y t orney AYES: Tencer, Woolsey, Balshaw, Mayor Hilligoss NC+ES: ~ ABSENT ATTEST: CA 10-85 Cav a h, Davis, Vic Mayor Sobel City Cler '~'3CPUTY CITY CLER~~,F,i~~._2.~.8 .................. Res. No . .............................. N.C.S ~, ~~ ly ®f ~~ l~l~~ 11 English Street Post Office Box 61 -- Petaluma, California 94953 July 14, 1989 LETTER OF UNDERSTANDING The parties .agree ~ .carry forward the Letter of Understanding dated August 8, 1988 for the .duration of this Memorandum of Understanding. In addition, the City agrees try provide copies of its policy on the use of. ambulances for transfer try all appropriate involved agencies. i .City of etaluma Petal a Firefighters Local 1415 Dated: July 14, 1989 12 Personnel Department (707) 778-4340 '+^ _ r~ . MEM`ORAN'D'UM OF UND'ER'STAN'DING BETWEEN THE' CITY OF~ PETALUM~A AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #1415 (Petaluma) JULY 10, 1989 THROUGH JUNE 30, 1991 !, TABLE OF CONT'~EN~TS' PREA'M`BLE GENERAL Section 1 Term ,of :Agreement Section 2 Union Business Section 3 Work Week Section 4 Light. 'Duty .Section. 5 Minimum Manning CO:MP`EN$ATION Section. 6 Salary Section. 7 Overtime Section. 8 Out of Grade Pay .Section 9 Uniform' Allowance Section 10~ Holiday Pay Section 11 Vacation, Payment at Termination Section 12 °Sick Leave:, °;Payment at. Retirement Section 13 Education Incentive Section 14 Deferred „Compensation Section 15 Retirement. Conversion Section 16 Section 17 Section 18 Section 19 Section 20 Section '21 INSURANCE Health Insurance Dental Insurance Life Insurance Long•-T.erm Disability Insurance Vision Insurance Personal Exposure Reporting .LEAVES Section 22 Vacation Section '23 Sick Leave Section 24 Sick Leave Transfer Section 25` Bereavement Leave Section 26 Mil+~a,rv, Leave Sect~n 27 Leave of. Absences Without Pay Sect~on .28 Jury Leave Section °29 Shift Trade OTHER Sectinn. 30 Retirement Section 31 .Grievance Procedure Section .32 Firefighter Q,penings Section 33 Promotional Testing and Job Classifications Section: ,34 J. A .,:C . Section 35 Fire Inspectr~r Section; .36 Savings Clause, Section 37 Completes Agreement POSTSCRIPT PREAMBLE This document r-epresents the final. and complete. agreement resulting from Meet. and. Confer sessiDns between the City of Petsluma and International Association of Fire Fighters., hocal No. 1415 (.Petaluma) Unit 7. This Document supersedes all prior Memoranda of Understanding. .Representatives of the City and Unit 7 acknowledge that they have fulfilled their -mutual and respectsve obligations to Meet and Confer -under the Meyer.-Milias-Brown Act. As a result, the parties have come to a mutual- understanding which. the representatives of the City and Unit 7, who have the approval of their members', agree txi recommend for acceptance and approval to the City Council of the City of Petaluma. The parties affix their signatures as constituting, metal acceptance and _recommendatiDn of this Memorandum of Understanding to become -effective July 10, 1989, upon acceptance and approval of the City .Council. GENERAL SECTION 1_ Term of Agreement 'This Memorandum of Understanding shall be fi?r a two (2) year term for the period commencing July 10, 1989, through June 30, 1991. The parties will commence meeting and conferring for a subsequent Memorandum of Understanding, not later than, the- end of April, 1991, and will endeavor ~ reach an agreement, in a written Memorandum of Understanding for sub-mission to the City Council.. for'-its Final Budget fx~r the subsequent Fiscal.. Year. SECTION 2 UniDr- Business The employee organization may select. riot more .than two employee members of such organization ~ attend scheduled meetings with the City for purposes of 'meet and oonfier or grievance. hearings during regular work hours without Iflss o£ pay. Such meetings are subject to scheduling by City management in a manner consistent with operating needs and work schedules. S E C TTO N '3 ~ Work. Week A . Duty S tiffs : - 1. The fire on-duty 7 day work week .shall be the average of 56 hours ;per work. week for the .following classifications: Firefight-,er, Firefighter/:Paramedic, Apparatus Operator, and' Fire Captain 2. 'The work week ..shall consist of duty shifts. that are regu]arly assigned and .scheduled... 3. A shift is defined as: a continuous 24hour period commencing at 0.8:00 and ending 'at 08:00 the following day. 4. A.. schedule' is defined as "three (3) duty shifts assigned in a nine-day cycle: ~It is further defined 'by the following example: X =Duty :Shift 0 =Shift Off For example.: X O X 0 X 0 0 0 0 B . Classifications l_Sted. on. A l . may be temporarily reassigned up to six months to a 4'0 'hour workweek depending on the needs of the service, if mutually agreed upon between the employee and the Fire Admtustration . C . The FLSA work period shall be atwenty-eight (28) day period. SECTION 4 Light Duty A . The Fire Chief may assign. an employee to light duty due tb the health or disability of, an employee. The. Fire Chief will determine whether the ]fight duty assignment is on a 40 hour work week 6r a 56 hour work week. The Fire Chief shall not assign an employee try light duty unless a physician has released the employee bo Light Duty Work, B . A shift employee assigned to a 40 hour work. week light duty assignment shall. continue tb receive the same benefits he received as a '56 hour employee except. as set forth herein . Holiday pay will be . governed by C 'below-. The employee will not receive FLSA over-max payments fora 56 hour schedule except as provided by D below . C . Shift employees assigned to a forty hour light. duty work week shall be given, the opportunity try work a flexible schedule. during weeks in which, `holidays occur. The schedule shall permit the employee to work eighty {80:) hour-s .during the pay period in order that he receive the holiday (s) off and still... retain holiday pay . The Fire Chief or his representative shall approve the flexible schedule prior to its implementation . D . If a shift employee as""signed. to a 40 hour work week light duty assignment goes out on .disability retirement during the year he was assigned bo a, 40 hour work week, the City will provide the employee with FLSA over-max payments missed, due ~ the 40 hour work week., ,so that the :employee's final year compensation will~:not be impacted. 'This payment. wll'be reported to PERS so..that the emphiyee's retirement ,compensation will not be impacted by the missed FLSA over..=max payments. SECTION 5 Minimum Manning The City agrees to maintain a minunum of twelve (12) personnel on duty per shift, excluding the on duty Battal.iDn Chief. 2 C"OMPENSATION S:E C TIQ~N 6 Salary T:he hourly rates of employees in this. Unit in the various steps shalt be as fo]lpws:~ (i.e. , 56.15 X 5`2 = 2920 hours per year} . E'ffectsVe July :10, 1-9$9 Fire Captain $1.1.51 $12,.09 $12.69 $13.33 $13.99 Firefighter/.Paramedic 10.69 11.23 .11.79 12.38 13.00 Apparatus 0 Aerator - ~ 10.03 10.53 11,..:06 11.61 12.19 Firefighter 9.72 10.21 10...72 11.25 11.82 Fire Tnspec~bgr 14.09 14.80 15.54 16.31 17.13 Effective July 1, 19.90. No later than February 15, 1990 the City shall update 'the salary survey based on the survey C_lt'1Ps. Sixty percent (60.$) of the difference between all Unit 7 Fire Classifications - and updated survey ,mean for all classifications:, Five percent (5~) cost` of .living increase unless cost of living,, based on the S.. F . , all urban .February to February CPI, rises tc~ 7~ or drops to 4~, then 1/2$ plus or minus per each full point move. For example, if the CPI is 8.0~, the COLA increase would be 5.5~. SECTION 7 Overtime The purpose of this .section is to clan-fy matters relevant to Fire: Department overtime. Any interpretation of application. relevant to overtime shall be resolved by the City Manager, whose d'eterminat~n is final. All requirements an'd any procedures relating ~ overtime as basically outlined below sYiall 'be as determined and administered by the City.' A . General _ Overtime ,(!Shift Personnel) The members of the Fire Department, when called try work an overtime shift, shall be' paid on, an hour for hour basis rounded to the nearest quarterhour at the regular shift rate times 1.5. An overtime shift is def~ried as any continuous. period.' of on-duty time exceeding sixteen (,16) consecutive hours. which is not part of the employee's regular . work schedu]e . B . yoluntar_y -Response Einplflyees" who voluntarily respond °tD their Duty Station during .their off-duty Hours and who are directed by the responsible authority on the scene do commence. work shall be paid for time so worked. at the overtime rate . No~ minimum hours shall be applilcable to such work . C . Eire Recall ;and: Special Recall Off-duty Fire Department personnel are .subject. to recall and will be paid on an -overtime basis, (except. as set forth in "A" and "B" above) , at time and- one-half the hourly ra4~e. However, in no case will -- they be paid: less than two hours when called . Further,,; when the complete recall exceeds two hours, but does oat 3 extend `beyond ten minutes past the second hour, the overtime will be for' tw:o: hour-s. When a recall exceeds two hours sand fifteen minutes, the o~ertsm°e will be to- the nearest half hour (examrple~, two; a_nd one-half; hour;) . D . Shift. Coritinuiation _. If a member' of this unit is requested tD continue on duty after the end of; a normal '24-hours, shift and works in excess of 10 minutes, he shall :be. paid time and one-h'a1f at the. hour]:y rate ~r all hours worked.. -Further,, when the completed overtime exceeds 1:0 minutes within the first. hour ,but does not. extend beyond one hour, the overtime shall be for one hour. Beginning with the second hour overtime shall. be paid. to the nearest one-half' hour... E. Mandated.,Certi.ficatibn Training . All Fire Department personnel ;in this unit shall be compensated at time and one-half:.of the employees hourly .rate for all offs .duty time required to maintains departmentmandated certifications. T<he .Department hall pay for books and tuitit~n required- by' courses to :maintain Department mandated certifications . SECTION: $ Out of Grade: ",Pay- A member of the °unt "shall: be compensated for wor--kin. g at the next higher grade. A Firefighter acting as an Apparatus Operator shall, receive the top. step of the Apparates 0peratr~r, not to exceed 7.5$. A Firefighter/Paramedic acting as an .Apparatus Operator shall receive an additional 2, 5$. Anyclassification acting as a 'Fire Captain,shall receive an addii~.onal 7.5$. Any classificatiDn actsng as a BattaliDn .Chief' shall receive an additional 7.5$. SECTION '9, .Uniform :Allowance The Uniform/Clathing AllDwance, in the: amount of "$489.'06., sha11. be paid `in..each. Fiscal Year in the first full pay period in September, The uniform: allowance shall be paid on' a separate check from the; payroll check... ~EmplDyees hired ;after the first pay period in September ,shall be paid they full .allowance on a .separate paycheck :no `later than `tle second pay period aftertheir datie of` hire . _ An employee who termin ates from City service or is released' 'fmm. City service shall: only .receive a pro rata annual amount. An emphyee who so separates from City service after . any payment' hasp been made. shall return. that ,port~n of the' allcw.ance determined by the last day in City :service and the end of the fiscal year. Ariy employee ~on leave of absence without pay inexcess, of thirty (3:0) calendar days shall receive a .pro rata amount for the fiscal year:. 4 SECTION 10' Holiday Pay The holidays for the calendar year shall ;be the total of twelve (12) , as set forth.;. below . T:he City shall. `pay for these holidays no :later than Decembe°r. 1O, in -lieu of giving time. off.. Base hourly rate at the time of holiday X 12.00 hours equals holiday pay/holiday. ' N_ew Year's D,ay (Jan.uary 1, 1989, 19.90) Martin Luther King Jr. Birthday (January 16, 1989; January 15, 1990) President's 'Day ;(.February 20, 1989; .February 19, 19.90) Memorial- Day (May 29, 19:89'; May 28, 19`90) Independence ~ Day (July 4, 1989, 19.90) Labor Day '(September 4., 1989; September- 3, 'T990) Columbus Day COct~ober 9, 1989; October 8, 1990) Thanksgiving Day `(.November 23, 1989; November 22, 1990) Day after Thanksgiving ('November 24, 1989; November 23, 1990) Christmas_EVe {December 22, 1989;, December- 24, 1990.) Christmas Day (:December 25, 1989 & 1990) For those employees. working a 56 hour work. week. the twelfth holiday shall be Veterans Day (November 11, 1989 and '19:90) . SECTION 11 Vacation. Payment at Termination Employees who terminate employment shalt be paid in a lump sum for all accrueel vacation leave earned -prior to the effective date of termination not too .exceed two (2) years accumulation . .SECTION 12 Sick Leave :Payment- at Retirement In the event of ,retirement, an employee who .has completed ten. (10) years or' more with the City shall receive fifty .percent (-50~) of his accumulated but unused nick leave but not tp exceed 720 hours. SECTION 13. Education Incentive Educational 'Incentive. Pay is provided for qualified employees in the class'i.ficatiflns and amounts listen below . Firefighter,, Apparatus . Operalbr, Firefighter/Paramedic, Fire. Captain and Fire Irispec~or. 'Education Achievement. Incentive Pay Fire Officer Certification $50.00 per month (.X 12 / 26)' SECTION. 14 Deferred Compensation The City of Petatuma shall make available do the members of this Unit the City's Deferred. C- ompen'sation Plan . 5 SECTION 15 Retirement Conversion It is understood that employees. who .are,: or will, retire with a service or disability retirement, shall be allowed to make. a one-time irrevocable con~ersinn of the City's contribution to ;PER•S being made on, their behalf, tD base salary . Employees who wish ,~ exercise this one-time., irrevocable conversion, must. meet the following requirments: 1 Service Retirement Minimum forty-nine ('49) years of age, and. will ;be retiring no later than one (1) year from date of conversion . 2. Disability .:Retirement (Industrial or. Non-Industrial) EhTgible for disability retirement with .conversion to take place one day prier to the actual date of retirement, or the date upon whioh an employee is determined to be permanent and. stationary and/,or application for disability retirement is made., whichever occurs first. An employee who makes ~a conversion under this section 5or a disability retirement shall 'reimburse; the City for all additional costs caused by the conversion. The cost shall `be refunded. by the: employee do the City prier to separatiDn . INSURANCE SECTION 16 Health- Insurance During the. perod of this Memorandum of Understanding, employees shall make the contributiDns to health insurance. premiums as set forth below. The balance of the premiums will be paid 'by the City. Kaiser HPR Sonoma County YR 1 YR 2 Employee - Employee + 1 - Emp]nyee + 2 $3.3U SECTION 17' DentaT.Insurance - $ 7.15 $.14..30 - 12.10 24.20 $18..00 16.26 32'.52 T;he :City shall provide liar a group dental insurance program for City employees 'and dependents in this U-nit. The City shall pay, during the period of this memorandum, the ..insurance premium in the amount'. of $42.18 per emplo yee, per•, month, The ,City shall :bear the: cost of any premium increases during the. period covered by this Memoranndum of Under-standing. The City shall, also. provide the Delta Orthodontia program for Unit 7 employees and their. dependents, effective August 1, 1989.. 6 SECTION 18 Life Insu"ranee The City "sh"all provide during the perifld, of this Memorandum, at no cost ~ the employee, a .group term life insurance coverage in the principal amount of $15,000 -per employee. SEC,T:ION l9 Long 'Term Disability .Insurance A T.he City shall pay during the period of this memorandum, the amount of $12.00 per month,, ,per employee .. This, amount shall not exceed , however, the total cost of the premium for the long-berm disability insurance plan. B When .a member of the Association is on Long Term Disability Leave, no sick leave shall 'be deducted from the member's leave balance, pursuant to the ]anguage of :the International Firefighters' Association LTD plan. SECTION 20 Visifln :Insurance For the period of thin memorandum the City shall provide an'd pay the. cost of a Vision Care Plan for emplDyees and their :dependents. SECTION 21 Personal.Exposure Reporting The City shall pay during the period of -this memorandum, the amount of $2Q~..00 per person per year toward the Personal.. Exposure- Reporting System.. 7 LEAVE S SECTION '22: Vacation A . Eligibility The times during the. calendar year in which an empls~yee may take his vacation shall be determined by the department 'head. with due respect for 'the "wishes of the employee and particular regard for the needs of the. service. If' the, requirements of the service. are such that an employee cannot take part or all of his annual. vacation in a particular calendar year, such vacation shall be taken during the following calendar year. The maximum number of suppressiDn personnel eligible fio be on vacation at any given time shall be .one (1) per shift. New 'Employees,. N;e"w employees shall, be allowed to use' their accumulated vacation prior to December 31, for vacation in the succeeding calendar year. B . Accrual -" Firefis~hters vacation shall be computed as follDws .Amount of Continuous Service Vacation After completion of twelve months 5 shifts per year ..After ,completion of five. years 7 shifts per year After" compl~n of lien years 8 shifts. per year Afte"r completion- of fifteen years 9 shifts per year After completion of twenty years 10 shifts per year C . Deferral No employee may carry over vacation 'from .one year tc the next unless such carry''-over 'is specifically approved in writing by the Fire Chief. Any .eligible emp]nyee with .consent of the head of his department and. the Personnel office .may defer. two (2) shifts of his annual vacation to the succeeding .calendar year,. subject to the other provisflns :of this rule. Any vacation which has not been used and which" the employee is not permitted ~ "carry over to the next year shall be paid in .cash S E C T.IO N 23 Sick Leave A . :Geiser"al Sick leave with pay .shall be granted to all Fire Department employees as set fiorth in this section. Sir;k leave is not a right which an __ _ employee may or the serious' .illness, or d only in .case of persona]: illness disability ~ but rather:, shall be use Jury of an employee'`s family member which requires the emp]nyee's attention . T'he term. family member shalt. 'include: spouse, children, parents, spouse's parents, brothers, sisters or other individuals whose relationship to the employee is that of a .dependent or near dependent. B . Accrual Sick ]Faye fir the Fire Department shall be accumulated on the basis of 12 hours per month.. Fire Department 40 hour employees sha11 accumulate. sick weave as other employees of the City. 8 C . Notification ;Procedures In order too receive compensation while absent on sick leave the empls~yee shall notify his immediate supervisor or any other person designated, by the Fire Chief ,prgr to the. time set ;for .the start of his shift. After three; shifts'' duratinn,, the employee may be required by the Fire C=hief ~ submit a physician's certificate stating the cause of the absence. D . Rate of Usage The `first day 'of sick leave will be charged .against the employee's accrual at the: rate of 1'2 hours or less, based on :actual sick leave. usage. ..Each. successive shift will be charged at the rate of one shift (24 hours) . E . Light Duty Sick. Leave 1.. Light .Duty Sick Leave -Non Duty Injury. If an employee is on light duty as a result. of an off-duty injury, the employee shall be charged sick ]'cave for doctor-s' appointments, .phy,sical therapy, etc: If the employee has no sick leave or vacation accrued, then he/'she will be on leave without pay• 2 . Light Duty Sick Leave -Work Related Injury If an employee is on light duty as a: result of an on-duty injury, the employee .shall. `.be allowed to attend doctors' appointments, physibal therapy, ~.ete. without being charged sick weave. F . Relatir~nshp to W.orker's Compensats~n When the employee'a absence: from work Yias' been occasioned by injury suffered during his employment and he; receives workmen's compensation, he shall also be entitled to receive from the City the difference ;between such workmen's compensation benefits paid and the amount which would. otherwise have :been: paid hereunder for sick. leave:. Or-dinarily,, it shall be the policy in workmen's compensation matters that the employee shall assign ~ the. City any benefits .rendered him during the period that he is absent on .sick leave and the City shall pay ;him his full sick leave benefits . Sick ]cave under workmen's coinpensatinn is a supplement'. to the workmen's compensation benefits ~ provide the employee compensation at his regular ratie. All. employees receiving full salaries in lieu of temporary disability payments pursuant bo Section 4850 Labor Code are entitled to accumulate suck leave during such periDds of disability. SE°CTION 24: Sick Leave. Transfer Any `bargaining unit employee may transfer some of his/her accrued sibk leave ~ .another bargai.rLing unit employee :for use as sack leave 'by the receiving employee:. Such transfer shall be accomplished 'by a memo '-from the transferrincj .employee to -the Fire. Chief for forwarding to the Personnel Office, setting forth the name of the receiving employee and the number of hours being transferred'. All: such transfer-s are irrevocable::. In order to be eligible: to receive 'a transfer of sick leave the .receiving employee must have 0 hours ofaccrued sibk leave. SECTION 25 Bereavement Leave Leaves up tQ. three. sriift5 with pay per' °fiscal: year may be granted to employees in the event of death in, the employee's immediate family. The immediate ~famaly ,shalt comsist of the spouse, children,, parents, brothers, sisters,: or .other individual whose relatipnship in the employee is that of` a legal dependent. Two shifts with. ;gay per fiscal year :may be granted ~ employees in the event. of death for--' relataDn hips consisting: of father-in-law, mother-in- law , .brother-in-law or' ~sisber-in-]aw . The Department Headmay authorize additional 'travel time, if needed.. The .Fire .Inspector will. receive days instead' of shifts pursuant to this section.. • S E GTIO,N 26 Mhfary Leave lita.ry leave. shall -be arranged in: accordance ,with the provisions of State law . All employees- entitled to military Dave ;sYialt give, the appointing power an opportunity within the. limits. of military regulations ~ eletermine when such leave shah be.~ta~ken. SECTIQN _27- Leave~~of Absence Without Pay T.he City Manager may grant a permanent or prbbatabnary ~empls~yee leave of absence without pay or- senanrity for a period' not. ~ exceed three (3) months.: Good. ..cause being shown by a written request, the City Manager- may,., extend :the leave of .absence without pay for an additional period not .~ , exceed six: (,6) months:. No ` such `leave shall be granted except upon written request of the employee. setting fi~r-th the reason for the request, and the .approval will be in writing': Upon. expiration of a regularly approved ."leave or within a, reasonable period of time after notice to return to ;duty., the emplnyee shall be reinstated in the position held at the time weave was granted: Failure. on the part of an employee on leave to report promptly at its expiration, or within a reasonable .time after notice to return to duty', sha]1 be cause fir-- discharge. SECTION' 28 Jury Leave Every employee: who is required to serve. as a juror shall, be entitled to absent himself. from `his duties with the City during the time he is actually required to'..be present ~in court as the result..of the. jury duty., T;.he emplflyee shall -refund the City any difference between his, .regular salary and ar%y payment fx~r jury service received by ham, (except travel pay) , Emplflyee shalt make. uch .refund within one ,pay period after ,recei_ving the' money,.. If- the: emp]nyee fails to :make °the refund within one pay. period,, the City •may deduct the appropriate> amount from the emplDyee's; next .paycheck ., 'The eiinp]nyee `will, present the City with proof of amount received 'at~ the time he makes the refund,, SECTION 29 Shift Trade Each member of this unit. shall be eligible :fz~r per year--.. If trade maximum;s are not utilized. they to' succeeding ,years: In no circumstances is any twenty (20) shift trades shall not. be carried :over employee entitled to .more 10 "than 20 trades 'in a given .year- , T,he `B°attalion Chief may deny a trade if the particular 'trade would .have. a negative impact upon 'the emplDyee's training. 'All trades are -the resporisiblity. of the individuals involved and shall. cause no. increased costs for the City. Any dispute ari:a;ng out of such trades, shall be resolved by the in'dividu'als. OTHER SEC.TI03N 30 Retirement The City will continue to 'provide thee. 2$ at 5Q Retirement Pian without changing the current benefits which include the following: 1959 .Survivor's Benefit, 1 Year ..Final Compensation Average, and' Unused Sick Leave Credit and widows clause.. Effective January T, 199Q, of the 9$ employees' contributions fx~r retirement to P. E.R,.,S. the City pays 7~' and the employee pays 2$. SECTION 31 Grievance Procedure A . Purpose of Rule 1. To promote improved. employer-emp].c~yee 'relatiDn~s by establishing grievance procedures on matters for which appeal or hearing is 'not pnmvi:ded by other regulations. 2. To afford employees individually or through ,qualified employee organization 'a systiematc means of obtaining further corisvderatiDn of problems aftrer every reasonable effort has failed to resolved `them through discussions. 3 . ' To provide that griwances shall be settled as near as possible to the point of orb n . 4. To provide that appeals shall. be conducted as informally as ,possible . B . Matters Subject too .Grievance Procedure A grievance is a dispute over the. .interpretation, applicatipn or enforcement of the express terms of the M O U . All grievances shall `be. submitted in writing on the form attached to then MOU as Appendix 1;; The .City is 'not required to meet with. any employee over a grievance unless the grievance is submitted' in writing on ttie appropratre 'grievance fx~rm . C . Informal Grievance Procedure An employee who has a problem or complaint. should first try to get. it settled through discussion with- his. immediate ~ supervisor without °undue delay. If, after this discussion, he does oat believe the problem has been satisfactorily resolved, he shall have the right= todiscuss it with 'his supervisor's immediate supervisor, if: any, ;in the administrative service. Every effort should be made `~ find an acceptable solution by informal .means at the 11 ~. lowest possible level of supervision . If' the employee is not in agreement with the deci..~n reached :by discu'ssifln, he shall then have the right to file a formal appeal in writing within ten (10) caland'ar days after receiving the. informal deci-sign of his immediate' superior. An informal appeal. shall not be taken above the appointing power. . D . Formal Grievance Procedure (levels of review through chain of command) 1. First level. of review: The appeal shall be presented in writing to ' -the. employee's immediate supervisor,,, wYio shall render his decision and comments in writing and return. them to the. employee within five {5) calendar days after receiving the appeal. If the employee does- not agree with his supervisor`s decision, or if no answer has been received within five (5) calendar days, the employee may present the appeal in writing to his supervisor's immediate superior: Failure: of the employee to take further action within five (5) calendar days ~ after receipt of the written decsinn of his supervisor, or within a total. of fifteen (15) calendar days if no deca~sion is rendered, will constitute a dropping of °the appeal. 2. Further level o_r 'levels of review as appropriatie: The supervisor receiving the appeal shall review it, ;:r--ender his de~asnn and comments in .writing, and return them "tQ the employee within five (5) calendar days after receiving the appeal. If the employee does not agree. with the decd_sien, qr if no .answer has. been received within five (5) calendar days,, he may present the appeal in writing to the department head. Failure of the employee to take .further action- within five (5) .calendar days after receipt of the .decis~wn or within a total of fifteen (15) calendar days if no decision is rendered, will constitute a dropping of the appeal. 3. Department, Review: , The department head receiving, the appeal of his designated representative, should discuss -the grievance with the employee,, his representative:, if' any, and with other appropriate persons. The department head shall render his de~ion and comments in writing, and return them to the employee within -five (!5) calendar .days. after receiving the appeal. If the employee does not agree with. the decision reached, or if no answer has beenreceived within five: (5) calendar days,,. he may represent the appeal 'in writing to the City Manager. Failure of the employyee ~. take further action within (5) calendar- -days. after receipt of the deca~~n or within a 'total. of fifteen (1'S) calendar .days if 'no decision i5' rend'ered, will constitute a dropping of the appeal. 4. City ;Manager.:- T;he City- Manager receiving the: appeal,. or his designated; representative.., should discuss" the grievance with the employee, his representative, if any, and with other appropriate person:. The City Manager may designate a fact fin`"ding committee, offier not in the normal line of supervision, or ,Personnel ..Board: ~ advise .him concerning the. appeal. The City `Manager: shall r-ender a dec~snn in wrii-irg ~ the emp]oyee within twenty (20) calendar days after receiving the "appeal. 12 5. :Conduct of Grievance .Procedure a. The time limits specified above may be extended to a defirLite date by mutual agreement of the employee and the reviewer concerned..: b . The emphyee may request the assistance of another person of his own choosing in preparing and presenting his appeal at any level of review. c. The employee and his representative may be privileged to use a reasonable amount of work tune as determined by the appropriate department head in conferring about and presenting the appeal, d. Employees shall be assured freedom from reprisal ~r using the grievance procedures. SECTION 32 Firefighter Openings Every available Firefighter opening shall :be made available to current Firefighter/Paramedics ,according ~ Depar-tment seniority. The Fire Chief shall retain the discretgn to use. factors Ether than seniority in exceptional circumstances, such as, "Paramedic Burnout" . SECTION 33 Promotional 'Testing and Job Classifioatnns To the extent required by the Meyer-s-Milias-Brown.. Act, the City wi]l meet and confer with Assoc;iatDn representatives over changes in job classificatiDns or promot~nal testing, Disputes regarding whether the City is required'. to meet and confer over a partibtilar topic shall Yie subject to the grievance. process set forth in the MO U . SECTION 34' J.A.C. T:he :City agrees to have J. A .,C . representatives meet with city representatives tb present the 'City with opt~ns available under J. A . C . SE C TIO'N 35 Fire Inspector T:he ;Fire Inspectr~r• shalt enjoy a]1 rights and .benefits retained by all other personnel in Unit 7., ~exeept as differentiated hereunder: Work Wee. k Work week shall be :forty (40) hours during the same hours as other forty (40) hour City employees . Overtime One and 1/2 times hourly rate: fir all hours over 8 hours per day. Holiday With respect to holiday pay, the Fire Inspecb~r shall cont~ue ,tb 'uti]ze existing. practice .(receive the holiday off with pay) as other ficrty hour emplDyees of the City. During the Fiscal Year the City will Authorize one (1) 13 F]Datirig Holiday per- employee, 'which :may be taken by the employee. at: a time selected. by the. employee, -subject to operational requirements and approval determined by the City. Emplpyees hired between July 1, and December 31, will be eligible for a Floating Holiday during the. course of the Fiscal Year . VacatiDn Amounf. of Service U.acatir~n One of five years Twb weeks $ix ~ fen years Three Weeks After -ten years One additiDnal day for each year of service to a maximum of four weeks The Fire Inspector may defer .five (5) days annual vacatifln leave per year with the approval of the `Fire Chief to a maximum of two years accrual. Sick Leave Accrual ~ Eight '(8) hours per month -with unlimited accumulation . Rate of Usage Each day shall be charged .against the employee°s sick .leave at the. rate of eight (8) hours or less, if actual sick leave. usage is ]ess. SECTION 36 SavinQS Clause Should any part of this .Memorandum be rendered or dec]ared illegal or invalid. by legislation;, decree. of a court of competent jurisdiction or other established governmental administrative tribunal or 'board., such invalidation shall not affect the remaining portions of the. Memorandum. SECTION 37 Complete Agreement The parties agree that they have met .and conferred .fully with respect tD a1l meet and confer subjects and have settled all. matters as set forth in this Memorandum of Understanding, The parties further agree that the M O U represents the complete agreement between them . POSTSCRIPT, The parties affix their- signatures as .constituting mutual acceptance and °recommendati~n of this Memorandum of Understanding to become effective July '10, 1989 upon :acceptance and approval of the City Council. INTERNATIONAL, ASSOCIATION OF FIRE FIGHTERS, LOCAL #1415 LUMA) '7 ~ ~ g ~' ~'/ /i3/~ .. ~ //3l~ 9 --t-- CITY OF E~E,TA-LUMA ~~.~/~v~ l ~' ~~~ APPENDIX l GRIEVANCE FO RM INSTRUCTION,S~: ~ ' (T:he 'informal grievance `,procedure. should be exhausted prier to the fil'n g of a, .formal grievance form .) This firm is to be completed ;in accordance with the City' grievance ,procedure and shall be filled by the grievant with :his immediate supervisor. Name(a) of grievants) Class; title (s) Depart_ment,(s) Working Address (es) Nature of grievances( ) , citing applicable language of any ordinance, rule, regulation, memorandum of understanding, or other :pertinent document: Date on which grievance occurred: Proposed solution, to grevance: Signature.:(s), of ,grievant(s) (Signature) (Date) Name (s~) of grievants) , or representative (s) , representing the grievants) , if any s (;Name) ~ CAddress) (Telephone Number) pate filed' with Department.: CReceived By) (,Date) ' PD 7-89 Lebec One. Response Signature Date (Provide. employeewith copy) + Level Two Response Signature Date (Provide employee ,withcopy) .Level Three Response Signature Date (.Provide employee with .Dopy) Level Four Response Signature :Date; (Provide emp]oyee with ropy) C ty ®f P~taJUa al English street .Post Office 13ox 61 -- Petaluma, California .94953 Rugust ~~8~~.; 1988 LETTER OF U'NDE~R'$'TANDING The City of Petaluma :and. the Int7ernat~onal Association of Firefighters, Local #1415. agree as follows': 1. T,:he City will. hire three, additional paramedics; 2. The Ci£y will eliminate use . of the City ambulances fior transfers:; 3. T,he City wfll ,routinely operate only "two. emergency ambulances; 4. ~ The language: of Section 8 B of the Memorandum of Understanding shall remain in effiect; until. January 1,, 1989;: at which tame Section 8 B of understanding will. expire of ,its- own accord. The ]anquage of Section 8 B reads. as =fio~llows: ",per Fire Department personnel, in the Unit` are s.ubjsct to assigned. . call back duty by the Fire ,Chief' (5or examp]e, emergency ambulan<~e related duty) at ~tme~ and one-half at the emp]oyee's hourly :rage based upon a 56 hour- work week. An. emp]oye~ who: is assigned, to such ca]1 back duty shall receve.,..,at minimum, 'ten; hours pay at this rate at tame and one-half. The .. Inter-national ~ Asso~aation of ~ Frefig,hters, Local. '1415 will establish. a voluntary list fir purses of this. standby. If volunteers are not forthcoming, the ~Ft'+a Chief will leave. the right to assign personnel fir' thhe duty.. . e, ye : ~~ . ~/ of ,p s ~ P ma ~ liters, .Local . _141'5 ~' ~~s~~~ , . Date- .