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HomeMy WebLinkAboutResolutions 88-284 N.C.S. 08/08/1988'li k_ ~~ .; resolution No. s8-284 N.C.S. MJA:cw 8-8-88 of the City of Petaluma, California RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1415 FOR EMPLOYEES OF UNIT 7 WHEREAS, the City, through its duly authorized representatives, and the International 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 terms and conditions of employment for employees in Unit 7, in accordance with the Meyers-Mi].i.as-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 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 Charter, and as the City's Mun'~ al; 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 (as attached) shall be effective on August 8, 1988 through June 30, 1989. 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 Council of the City of Petaluma at a (Ft~r$t>$~~~Qiitt~I&fl) (Special) meeting on the ..~t~ ................ day of .........~>~$415.~..................................., 19. $$., by the following vote: AYES: Cavanagh, Tencer, Sobel, Woolsey, Vice Mayor Davis, Mayor Hilligos NOES: ~ ABSENT: Bals aw ~/~_J,,~/ ATTEST: ----•-• .... ................. ............. ~L~:~!l.._,..._..~:---..._.... City Clerk ,~ ~„s_ Council Fpile .................................... CA 10-85 Res. No...U.H.'.2,CT4.......... N.C.S /~- a MEMO'RANDTJM OF UNDE'RS`TANDING __ BETWEEN THE CITY OF PETALUMA AND INTER'N.ATIONAL ASSOCIATION OE FIRE FIGHTERS, LOCAL #1415 (Petaluma) August, 8, 1988 through Juna 30, 1989 T'A'BLE OF CONTENTS PREAMBLE GE;NE'RAL Section 1 Term, of. Agreement Section 2 Union Business Section 3 Work Week Section 4 Light ,Duty Section 5 Minimum Manning Sectson 6' Living Restrictions COMPENSATION Sect~n `7 Salary Section 8 Overtime Section 9 Out- of Grade. Pay Section 10 Uniform Allowance Section 11 Compensation fior Clothing Loss Section "12 Holiday `Pay Section 13 Uacatiori, '.Payment at Terminat~n Section 14 Sick Leaver Payment. at Retirement. Section 15 Education Incentive Section- 16 Deferred Compensation Section 17 Retirement .Conversion INSURANCE Section 18 Health Insurance Section 19 Dental Insurance Section.. 20 Life Insurance Section. 21 Long-Term Disability Insurance Section 22 Vision .Insurance Section. 23 Personal Exposure Reporting LEAVES Section 24 Vacation Section 25 Sick Leave Section 26 Sick Leave 'Transfer Section ,27 Bereavement .Leave. Sectson 28 Military Leave Section. ;29 Leave of Absences Without .Pay Section 3Q Jury Leave. Section 31 Conversion of. Leave Balances Section 32 St;ft Trade OTHER. Sect~n 3~3 ;Retirement Section 34 Grievance Procedure Section 35 Paramedic Career Incentive POSTSCRIPT q; P REAMB'LE This document ;'represents, the :.final.. and complete agreement resulting from Meet, and Confer sessions between the City of Petaluma and International. Association of Fire Fighters;, Local No. 1.415 (Petaluma) Unit 7. This Document supersedes all prior Memoranda. of Understanding. Representatives of the City and Unit 7 .acknowledge that they have fiz]filled their .mutual, and respective obligations to Meet and Confer under the Meyer-Midas-=Brown Act,. As .a result, the parties have .come try a mutual understanding which the representatives of the City and Unit 7, who have the approval of their' 'members, agree. to recommend fx~r acceptance and approval to the. City Council of the City of Petaluma. The parties affix their signatures as constituting mutal acceptance and recommendation. of tYis Memorandum of Understanding to become effective August 8, 198.8., upon acceptance. and approval of the Gity Cou~ncl. GENERA-L SECTION 1 Term of Actreement This Memorandum of .Understanding shall be .for a one (1) year germ .,for the~;period commencing August 8, 19.88, through June 30, 1989. The parties wilt commence meeting and conferring .for a subsequent Memorandum of Understanding, not lat-~r than 'the end. of April, 1989, and wi11 endeavor to reach an agreement, iZ a written Memorandum of iJnderstandng for submission to the City Council .for its Final Budget for' the subsequent Fiscal Year. SECTION 2 Union. Business TYie employee orgarii.zation may select not more than two employee;. members of uch organi.zatifln tb attend schedul8d 'meetings with the .City for purposes of meet and confer or grievance hearings ~ during regular work hours -without .loss of pay, Such meetings are subject to schedu]ing' by City management in a manner consistent `with operating ,,needs. and work schedules . ,SECTIO;N 3 Work' Week A . Duty '$hifts;; 1. The fire on-duty 7 'day work week shall be the average of 56 hours per work. week for thus fb]lowing elassifioatinns: Firefi_ghtrer, Firefighter/.Paramedic, .Apparatus Operator.,, and Fire Captain 2. The work week shall- consist of duty shifts tFiat are regularly .assigned and. scheduled. 3. A shift is defined as : a continuous '24 hour period "commencing at 08:00 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 s X =Duty` Shift: 0 = S Yiitt Off For example: X 0 X 0 X 0 0 0 0 B. Classifications 1is-ted on A 1, may be temporarily reassigned up to six months to a 40 hour workweek depending on the needs of the- service,. if mutually agreed u"pon between the employee and the Fire Admi-ustratinn:. C. Commencing at 0800 September 5, 198;8 the FhSA work period shall be a atwenty=eight (28) day -period . SECTION 4 Light Duty, Any einplcyee assigned to alight duty assignment, due to health or disability,,. shall continue to receive all compensation and' fringe benefits, including accumulation of seniority attached to h1s normally assigned position. S'pecii-b~ policy :regarding light duty ~~s outlined in General Orders 11-8-86. S'ECTIO'N 5 Minimum Manning __ The" City agrees ~ :maintain a minimum of twelve {12) personnel on duty 'per shift, excluding, the on duty Battalion Chief. SECTION 6 Living Restriet~ons The living restriction for members of the. City of Petaluma Fire Department s .hall be forty-five (:4b') minutes. Any area in question wilt be driVen~ by the BattaliDn C hef ~ assure it is within the forty=five minute area. , COMPENSATION. ~SE:CT,ION 7 Salary The hourly rates of employees in this Unit in the various steps shall be as follows; (i.e. , 56.15 X 5;2 = 2920 hours per year) . Effective August 8., 1988 Fire. Captain ~ $11.33 $11.90 $12.48 Firefighter,/Paramedic $9.52 $1'0.0.0 16.49 11.'03 11.59 ,Apparatus. Oiler-ator: 8.88 9.32 9:7:8 10.28 10.80 Firefighter 8.66 9.09 9.5.4 10.03 10.54 Effective January 1 1989 Fire Captain $11.:.67 $12.26 $12..85 Firefighter/:Paramedic .$9.81 $10.30 10.8;0 11..36. 11.94 Apparatus Operator. 9.15 9.60 1'0..0.7 10.59 11.12 Firefighter - 8.92 9.37 9".83 10.33 10.86 2 SECTION 8 Overtime The purpose of this section is to clarify matters; ,.relevant to Fire Department overtime. Any interpretatiDn ,of appl.icatbn relevant to ~~overtime shall be resolved by the City :Manager, whose determination is final. All requirements and any procedures relating to overtime as basically outlined below sha11 be as determined and administered by the City. A . :Shaft. The members of the. Fire Department, when called t~ work an overtime shift, :shall be paid on an hour for hour:basis .rounded to the nearest quarfer hour at the regular shift rate times 1.•5. An overtime shift is defined as any continuous geriDd of on-duty time exceeding sixteen (l6) consecutive hours which is not part of the emplflyee's regular work schedule. B . Assigned Call--:back .Duty ~ _ All Fire Department pesonnel in the Unit are subject tD assigned call-back duty by the Fire Chief (for exampler, emergency ambulance related duty:) at 'time and one-half at the employee'`s ,hourly rate. based upon a 56 hour work week. An employee who 'is assigned to such call back duty shall receive, at m,,,mum;, ten hours pay at this rate at time and one-half. The InternatiDnal Association Firefighters Local 1415 w71 establish a voluntary list for purposes of this. standby. If volunteers are' .not forthcoming, `the 'Fire Chief will have 'the right to .assign pesonnel for the, duty. This .Section expires no later than Januar-y' 1, 1:9,89. C . Fire Recall and S;peoial R_ecait Off-duty Fire Departtinent personnel are subject t~ recall and will be paid on an overtime ;basis,, (except as set forth in "'A" and '" B" above) , at time and one=half at the hourly rate: However,, in no ease will they be paid less'- than two hours when caIled. -Further.,.. when the complete recall exceeds two hours:, but does not extend beyond ten minutes. past the second hour,. the overtime will be for two hours. W-hen a recall exceeds two hours and fifteen. minutes, they overtime will be tD the nearest half hour (example, two an'd one-..half hour) . D . Shift Gontiriuatinn If a member of this unit is requested to continue on duty after the end of a normal. 24-hours shift and works in excess of 1D minutes:, he shall be paid time and one-:.:half at the hourly rate for all hours worked.. Further,; when the completed overtime exceeds 1D minutes with;n the first hour but does not, extend beyond .one hour;, the overtsme ,shall be~ for. one hour. .Begin-Wing with the second hour overtime shall be paid to the nearest :one-half hour. E. Mandated Certification: Training A1L Fire Department: personnel in; this unit shall be compensated at time .and :one.-half of the. employees fiourly' rage ~fer -all off duty time required to maintain department mandated certificatis~ns. SE'C TIO N 9 0 ut; of Grade Pay: A member of; the unit shall be compensated for working at the next higher grade. A Firefighter acting as an Apparatus Operator shall receive the top step of the Apparatus Operator, not to exceed 7.5~. A Firefiglite_r/Paramedic aci~n.g as an Apparatus Operator shall receive an additional 2.. 5~ . Any classification acting as_ a Fire Captain shall. receive an additional 7.5~. Any classification acting- as a Batta]ion Chef,.shall receive an additional 7.5~. S E C T3O N 10 U niform Allowance The Unifor-m/Clothing Allpwance Program shall be paid ri the Fiscal. Year of the Memorandu"m of Understanding on or before September 5, for those .employees covered' by this Memorandum of Understanding in the amount of $465.00. T-his shall be paid on a separate check from the payroll check. An emplflyee who_ terminates from City service or is released from. City service -shall bey receive a pro rata:' annual amount.. An employee who so separates ,from City ser--vice after.. 'any payment has been made shall return that portion of the allowance d'ete'rmined by the .last day in City' service and the: end of the fiscal year. Any em;p]oyee on leave of absence without. pay or eaye status in excess of thirty (30) calendar days shall receive a pro rata amount. for the; fiscal year. SECTION 11 Compensation For Clothing Loss. The City :Manager is ,.authorized to provide compensation to City •employees for ls~ss or ;damage tD their clothing which occurs during the course of carrying out an 'official duty. A reques€ for compensation herewnder shall 'be submitted in writing,, in detail,,; to the City. Manager via the department. `head concerned. The amount of compensation, if any, shall be ,at the discretifln of the City NFanager. 4 SECTION; 12 Holidap Pay The holi::days for the calendar year shall, be the total of twelve (12) ; the City shall pay for these holidays no later than December 10., in lieu of giving time off. Base hourly r--ate at the time of holiday X '12.00 hours equals holiday pay/holiday. SECTION 13 Vacation, Payment at Termination .Employees who terminate employment shall be paid in a lump sum for all_ accrued vacation leave .earned' prior to the effective date of termination not to exceed two (2) yearn ,accumulation.. , SECTION 14 Sick Leave Payment at Retirement In the event of retirement, an empls~yee who has completed ten (.10) years or more with the- City shall r-eceive, fifty percent (50~) of his accum~ulate'd but: uriu'sed sick leave but not to exceed, '720 hours. SECTION 15 Education Incentive Educational Incentive Pay is provided for .qualified employees in the classifications and amounts .]:_sGecl belnw . __ _ , Firefighter, ApparatusOperator, Firefighter/Paramedic and. Fire Captain Educatifln ..Achievement 'Fire Officer CerH:ficaition Incentive Pay $50,.00 per month (X l2 = 26) S^ECTION -16 Deferred Compensation The. City, of Petaluma ;shall make available to the members of this Unit the City's Deferred CompensatiDn Plan. `SE;CTIQ`N 17 Retirement Conversion It is undersiaood that' .sworn employees who are, or will,- refire with. a service or disability' ~ retirement, shall be aYlowed ~ make a one-dine irrevocable conversion of the City's contribution., 'being made on their behalf., ~ base salary,. Employees who wish to exercise this one-time,, irrevocable conversion, must. meet the following requrments: 1. Service Retirement Minimum arty-nine; (,49.) years of age, and will be retiring no later than one (1) year from date of conversion . 2.. Disabi]ty _Retirement (Industrial or .Non=Industrial) Eligible for disability retirement with conversion to take place one day prior ~ the actual date of retirement, or the . date upon which an employee is determined to be permanent and statiorsary and/or application for :disability retirement is made., whichever occurs first. ' 5 IN:SUR-ANCE'. SEC TTO'N 'I8s 'Health .:Insurance. During the period: of this Memorandum of Understanding, the City shall pay any, premium increases beyond the current City contributions, as. listed below . No increase iri the dollar amount of the employee contributions shall be assessed during the term of this Memorandum of Understanding. Health Plan of Sonoma Kaiser the Redwoods County Employee Employee + ,1 Employee + 2 SECTION 19 Dental Insurance $ 97.19 $.110.00 $119.75 ]93;.38 220::00 207..92 257.39 277.00 282.50 The City shall provide for a group dental iris,urance program for City employees and dependents 'in this Unit.. The City hall :pay, during 1988-$9 the :period of this memorandum,, the insurance premium in the :amount of $'42.0'0 per' emplc~yee•, per month. SECTION 20 Life Insurance `T ie City shall provide during the period. of this.. Memorandum, at no cost tQ the employee, . a group term life insurance coverage in the principal amount of $15,000 per employee. SECTION 2T Long Term Disability Insurance', A The 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 thee, long=term disability insurance plan . B ~W,hen a .member' of the Association is on Long 'Term Disability Leave,, _,no sick leave shall be deducted from the member's. leave balance,. pursuant tn; the language of the InternatiDnal `Firefig_hters' .Association, Local 1415 LT'D plan.. SECTION 22 Vision Insurance For the period. of this :memorandum:, the City' shall provide a Vision .~.. Plain. for employees only.,, in the amount of $5.90 per employee per month. S'ECTIQ:N 2'n3' Personal ;Exposure .Reporting The City shall; pay during. the period of this -memorandum, the amount of $20.-. 00 per persom per year toward the .Personal .Exposure Reporting System 6 LEAVES SECTION 24 Vacation A . Eligibility T'he :times during the calendar year in which an employee may take •hs vacation shall be d"etermined 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 serviee.: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,. New employees shall be allowed; to use their accumulated vacation prior- to December '3l, for vacation in the succeeding .calendar year. B . Accrual • Firefighters vacation shah be computed Amount of Continuous Service After completion of twelve montYiS After completion of five years After completion of ten years After completion of fifteen. years After completion of twenty years as follows; Vacation 5 shifts per year 7 shifts per year '8 shifts. per year 9 shifts per year 10 shifts per year Vacation entii-lement accumulated in excess of two years will be last. C . Deferral Any eligible employee with the consent of the head of his department. and: the Personnel Office m_ ay defer 2.5' shifts of his annual vacation to the succeeding calendar year,, subject do the other provisions of this `rule... A written report of each deferred vacafDn signed by the appropriate department. head and- the Personnel Office, noting the details shall be kept on file with the Personnel Office. SECTION 25 Sick Leave A . General - Sick leave with pay shall be granted.. to ;all ,probationary and permanent employees within the competitive service.. Sick leave shall ndt be oons'dered as a right which an employee may use at his discretion.., but shall, be allflwed only in .case of necessity or -actual personal sickness, disability, or allowed:. by the; Memorandum of Understanding,. B . Accrual Sick leave for the Fire 'D'epartment shall be; accumulated on the basis of ,l2 hours per' month. Fire Department 40 hour. employees shall accumulate sick leave as' other employees of tYie City, excluding light duty personnel. C .Notifi~catiDn .Procedures _ _ _. In order `~ receive compensatipn while absent on sick leave, the employ-ee shall notify his immediate superior or the Personnel Office prior t~ or within four hours after this time ,set for .beginning his daily duties or as -may' „be~ specciafied by the .head. of his department. When absence is ~r more than three shifts duration, the empooyee may be, required to file a physician's certificate with 'the Bersonnel Officer stating :the cause: of tfie absence. 7. D . Rate of U sage: The fist day of sick leave:. will be charged against the emplpyee's accrual at the rate of .12 "hours or less, based on actual sick leave usage. Each successive shift will be charged at the rate; of one sYiift (24 hours) . E, "Family Sick Leave. Leaves of" absence up ~ "four working shifts with pay per year may be granted to empls~.yees in the event ofserious illness or injury in the. employee's immediate family .and, in-laws wily be charged against sick leave . T.he immediate family .shall consist of the spouse., children, parents, brothers,, sisters,, or other' inc3ivcluals whdse relationship : to the employee is that of a .dependent " or near dependent. In each case, the appointing power shall grant such sick leave only when in his opinifln, the r-elationsh.p of the sick or disabled person to the employee warrants such use of sick leave. F. Relationship to Worker's; Compensation _ When. the employee' absence .from work has been occasioned by injury suffered during his- employment and herecedes workmen's ,compensation, he shall also be entitled to receive from the City the differ-ence between such- workmen's compensation benefits paid an"d the amount which would otherwise have. been paid :hereunder for sick leave:.. Ordinarily,,. it shall be the po]:icy in workmen's compensation matters that the einplnyee shall assign tb 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 leave under ..,, . wor"k~men`s com~pensatinn is a supplement to tYie workmen's compensation benefits to provide the employee compensation at his "regular rate. All employees receiving full;. salaries in lieu.. of 'temporary disability payments pursuant to Section 485Q Labor Code -are entitled to accumulate sick leave during such periods of disability. SEC'TIO;N 26 Sick Leave Transfer Any bargaining unit employee may. transfer some of his/'her accrued sick leave. do another bargair~ing unit employee fAr .use: as silk leave by "the receiving emp7Dyee. Such. transfer shall be- "accomplished by a memo from the transferring employee to the designated fire department representative for forwarding to t_he Personnel Office, setting forth the name of thee. .receiving employee and the number of hours '.being transferred:. All such transfers are irrevocable. In order tb be P~ hle to receive a transfer of sink leave the receiving employee must have 0' hours of accrued sick leave. S~ECTIQN 27 Bereavement.; Leave Leaves up ~ €hree. shifts. with pay per fiscal, :year may be granted to employees in the event of death in the employee's' immediate family, The immediate :family shall.. consist of t_he spouse, children;, parents, brothers, sisters, .or other individual whose relationship' tb the employee is that of a legal dependent., Two shifts with pay per fiscal year may be granted ~tA employees in the event :of death. ;for relafionships corisistaiig of father-in-law,, mother-in- law, brother-in-law or- sister-in-law-. The Department Head may authorize additional travel time, if needed. SECTION 28 Military Leave Military leave shall bearranged in accordance with the provisions of State law . All employee"s entitled to military leave shall give the appointing power an opporturii_ty- within the limits of military regulations to determine when such have sha71 be taken . SECTION 29 Leave of Absence Without Pay The City Manager- 'may .grant a permanent or probationary employee leave of absence without. pay or seniority for a period not to exceed three (3) months,. Good cause being shown by a written request, the City Manager may extend. the lease of absence without pay for an additsonal period not to exceed. six (6) months. No ouch. leave shall be granted except upon writtan request of the employee: seting ..forth the .reason for the. request, and the "approwl will be in writing. U"pon expiration of a regularly approved leave or within a reasonable' period of time after notice tb return to duty, the employee shall be reinstated. 'in the position held at the time leave was granted.. Failure on 'the, part of an employee on leave tD report promptly at its expiratiDn,,. or within a. reasonable time after notice to return fA duty, shall be cause for discharge. SEGSION 30 Jurv Leave .Every classified. em;ployee~ of the City who. is called or required to serve as a trial juror shall be entitled to absent himself from his duties with the City during the period of` such service orwhile necessarily being pr-event in court as a ;result of such call. Under such circumstances, the employee shall be paid the. difference" between his full salary and any payment received by 'him, except travel pay, for such duty.. SECTION 31 ConyersiDn; of Leave -Balance When an employee, is reassigned from ,a fifty-six (.56) hour position to a .forty ,(?40) hour- posii-inn, the employee's vacatiDn; -and sick leave balances ..shall be reduced; try a; forty (40) hour work week equivalent, Similarly, when an employee ~ is reassigned from a forty (40) hour position to a fi~y-six (,56) hour posii~n, the employees vacatfln and sick leave balances shall be increased txi a fifty-six (56) -hour work week equivalent. SECTION 32' Shift Trade, - - _ _ _. `Each member of this unit .shall be eligible for ten (10') shift trades per year. These trades shall; not count against any school trides. OTHER. SECTION. 33 Retirement The City will continue to provide ttie 2~ at 50 Retirement Plan without changilig the current benefits wYiich include the folh~wing: 1959 Survivor's Benefit, 1 Year Final Compensation Average, and Unused Sick Leave Credit and widows clause. SECTION 34 Grievance Procedure A . Purpose of Rule 1. To promote improved employer--employee relations b:y establishing grievance. procedures on matters. for which. appeal or hearing is not provided by :other regulations. 2. To afford employees individually or through qualified employee organization a systematic .means of obtaining further consideration of problems after every reasonable effort has. failed to .resolved them through discussis~ms. 3: To provide that grievances shall be settled as near as possible to the point of origin . 4: To provide that appeals shall be conducted as informally as possible . B . Matters Subject to Grievance Procedure T,he grievance procedure :shall be used to process and .resolve grievances ari ~i n q out. of the interpretation ,. application , or enforcement of the express terms of the Agreement. C . Informal Grievance Prrocedure An employee who h'as a problem or complaint should first try to get it settled through discussibri with his immediate supervisor without undue delay.: If, after this: discussion, he does .not believe the problem. has been satisfactorily resolved, he shall have:. the. right t4 discuss: it with his supervisor's ,immediate supervisor, if any, in the administrative service. Every effort should be made to find an acceptable solution by informal. means: at the lowest possible ,l~ve1 of supervision.. If the employee- is° not in agreement with the decysifln reached by discussion, he shall ~theri have the right 'to file a :formal appeal in .writing within . ten; (1) calendar ..days after receiving the. informal decasirwn, of his immediate superipr. An informal appeal shall not be taken above the appointing power. . D . Formal Grievance Procedure (lwess of review thr-ough chain of command) 10. 1. First ;level of .r„evew: The appeal sYiall be presented'. in writing to the e:inployee's; immediate supervisor, who shall render• his deci:_sion and comments in writing and return. them to the employ""„ee 'within five. (`5,) calendar, days after receiving the appeal. If the employee does note 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 wrifing to his supervisor's immediate superior. Failure of the employee to take further action within five (5'.) calendar ..days after receipt of the written decision of his' supervisor, or within a total of fiit~een (15) calendar days if no decision is rendered, will constitute a dropping of the appeal. 2. Further level: or levels of,_review a5 appropriate: The supervisor . _.. receiving the appeal shall. review it,. 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 the decision, or if no answer has been r-eceived .within ,five (5) calendar days.,, he may present the appeal in writing tD the department `head. Failure of the employee to take further action within five (5) calen_d'ar days after receipt of the decision or within a fetal. of fifteen (15) calendar' days if no deC,ispn 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 otYier appropriate persons. The depar-tment head shalt "render his deci_~n 'and comments in writing, and return them to the employee within.. five (5) calendar days .after .receiving the appeal. Tf the employee .does not :agree with- the decision reached., or if no answer has been. received within five (5) calendar days, he may represent the appeal, in writing to the City :Manager. Failure of the employee to take further action within (5;) calsnelar days after .receipt of the decision or witlvn a total of: fifteen (15) calendar days if no deci_~n is rendered, will constitute a dropping of the appeal. 4. City Manager: The City Manager receiving the appear, 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 finding .committee, officer not in the normal line of supervision,. or Personnel Board to advise him concerning the appeal. -The City Manager shall render a deci~~n, in writing 'to the employee within twenty (20) calendar days after- receiving the appeal. 5. Conduct of Gr-ievance Procedure a. The time limits specified above may be extended #n a definite date by mutual agreement of the employee and the reviewer concerned.. 11 :, b. The ~-emplD.yee may request the assistance of another person. of. Yiis ow.n• choosing in preparing and p"resenting his appeal at any level of review... c. The employee a_nd his .representative: may be privileged to use a reasonable- amount of~ work time as determined by the appropriate. department .head in conferring about and presenting the appeal. d. Emp]nyees s .all be assured freedom from` repriasl for using the frievance procedures.. SECTION 35 Paramedic Career Incentive The Association, and the' Ghef' will .meet. and .discuss career paths available for the classification of Firefighter/Paramedic.. This discu_ssian will be comp]~d by November- I, 1988, so as ~ incorporate any findings into the Ambulance Report for The City Council. POSTSCRIPT The parties affix their signatures as constituting mutual acceptance and reeommendatiori of this Memorandum of" 'U'nder-standing tD become effective July 1, 1986~, upon acceptance and approval of the City Council. INTERNATIONAL ASSOCIATION OF FIRE'_ FIGHTERS, -LOCAL #1415 7TT.n a r •~..ew \ r i'~t3 . ~/s'/~~" 12