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HomeMy WebLinkAboutResolutions 86-153 N.C.S. 06/23/1986.. , Jl~i~ 2 3 186 1 3 Resolution No. s6-153 N.C.s. MJA:cw 6-16-86 of the City of Petaluma, California RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY 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 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 employemnt for 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 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 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 interest of the City, is ratified and the terms and conditions of said Memorandum of Understanding (as attached) shall be effective on July 1 1986 through June 30, 1988 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 Ap ove s to Council of the Gity of Petaluma at a (Regular) ~) meeting on the ......23rd.-.... day of ...........June ...................................... i9--~6, by the following vote: C Attorney AYES: Cavanagh, Davis, Woolsey, Tencer, V.M. Balshaw, Mayor~Ma~'tei NOES: None ABSENT: SO 1 ATTEST : ....... .............. .....•-•--..-.......-........-....._...------.............---......... City Clerk //~~ Council Fi e..~1~/...~....._. ~ 6 -15 3_..--~ N.C.S. CA IO-85 Ices. No............_.... ~.d.~ Mayor MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PETALUIVIA AND INTER'NAT;,IONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #14I5 (Petaluma) FY 1986-88 TAB'L'E OF CONTENTS' PREAMBLE GENERAL Section 1 Term. of Agreement Section 2 Work Week Section 3 Living Restrictions. COMPENSATION Section. 4 Salary Section 5 Overtime Section 6 Out of Grade Pay Section 7 Uniform Allowance Section 8 Comperesation for Clothing Loss Section 9 Holiday Pay Section 10 Vacation, Payment at Termination Section 11 Sick Leave, Payment. at Retirement Section. 12 Education Reimbursement Section 13 Deferred Compensation; I-N'SU_ R AN C E Section 14 Health Insurance Section 15 Dental Insurance Section 16 Life .Insurance Section 17 Long-Term Disability Insurance Section 18 Personal Exposure Reporting LEAVES Section. 19 Vacation Section. 20 Sick Leave . Section 21 Bereaveme.rit Leave Section 22 Military Leave Section 23 Leave of. Absences. Without Pay Section 24 Jury L,~eave Section 25 Conversion of Leave Balances OTHER Section 26 .Retirement Section 27 Grievance -Procedure POSTSCRIPT I PREAMBLE This document represents the final a:nd complete agreement resulting from Meet and Confer sessions between the City of Petaluma and International Association of Fire Fighters., Local No. 1415 (Petaluma) Unit 7. Representatives of the City -and Unit 7 acknowledge that they have fulfilled their mutual and respective 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 ?, who have the approval of their members; agree to recommend for acceptance and approval to the City Council' of the City of Petaluma. The parties affix their signatures as constitu4ting rnutal acceptance and recommendation of this Memorandum of Understanding to become effective July 1, 1986, upon acceptance and :approval of the City Council. GENERAL Section I Term. of Agreement This Memorandum of Understanding shall be for a two (2) year term for the period commencing July l., 1986, through June 30, 19'88. The. parties will commence meeting and conferring -for a subsequent Memorandum of Understanding, not later than the end of April, 198'$, and will endeavor to reach an agreement, in a written. ,:Memorandum of Understanding .for submission to "the City Council for its Final Budget for the subsequent Fiscal Year. S:eeton 2 Work Week Duty Shifts: The: fire on-duty 7 day. work week shall be the average of 56.0 hours per work week for all employees in. this Unit.. Individuals within this. unit may be reassigned to a 40hour work. week depending. upon the needs of the service. The tour of duty .shall begin at 0800 and terminate twenty=four- hours later. Section 3 Living. Restrictions The living restr-fiction for members of the City of Petaluma Fire Department shall be thirty (3'0) minutes. A map will be prepared and made available which illustrates the. extremities of the restriction. Any area in question will be driven by the Battalion Chief to assure it is within the thirty minute area. 1 GO1yIPENSATIO..N Section 4Salary` The hourly rates of employeesin this Unit in the various steps shall be as follows Effective - July 1, 1986 I II III. IV V Fire Captain $10.28 $10.80 $11.33 Firefighter/Paramedic. $8.2'4 $8.64 $9.07 $ 9.54 $10.00 Apparatus Operator $7.86 $8.2.5' $8.66 $ 9.10 $ 9.56 Firefighter $7.8'6 $8.25 $8'. b6 $ 9.10 $ 9.56 Effective -Jan. 1, -1987 I II III IV V Fire Captain $10.49 $11.02 $11.56 Firefighter/Paramedic $8.4'0' $8.81 $9.25 $ 9.73 $10.20 Apparatus Operator $81.02 $8.42 $8.83 $. 9.2.8 $ 9.75 Firefighter $8..0,2, $8.42 $8.83 $ 9.28 $ 9.75 Effective -July 1, 1987 I II III IV V Fire Captain $10.:70 $11.24 $11.79 Firefighter/Paramedic $8.5T $8.99 $9..44 $ 9.92 $10.40 Apparatus Operator $8.18 $8.59 $9,.,01 $ 9.47 $ 9.95 Firefighter $:8.1$ $8.59 $'9.01 $ 9.47 $ 9.95 Section 5 Overtime The purpose of this section is to clarify matters relevant to Fire Department overtime.. Any interpretation of application relevant to overtime shall be resolved by the Cit"y Manager, whose determination is final. rocedures relati All requirements and anyrmned and adminis g to overtime as basically outlined below shall "be as Bete tered by the City. A. Shift The members of the Fire .:Department, when, called to work an overtime shift, shall be paid on an hour for hour basis. rounded to the nearest quarter hour at the regular shift rate times 1.. 5'. An overtime shift is defined as any continuous period of on-.duty time exceeding sixteen (16) consecutive hours which is not part of the employee's regular work schedule.. B . Assigned C"al]-back Duty All Fire. Department personnel in the Unit are subject to assigned call-back duty by the Fire Chief (for example: 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 minimum:, seven hours pay, at this rate at time and one-half 2 C . Fire .Recall and Spegial .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: andhourly rate. ~ bused upon the 56 hour work week. '.However, in no case. will they be paid less than two hours when walled . Further, when the complete recall exceeds. two hours., but does not extend beyond ten minutes past the second hour, the o~.ertime will be o and for two hours,. ,11]hbe to ethe, nearest half hhour a(example n mVnutes, the overtime wi one-half hour). D. Shift Continuation 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 10 minutes, he shall be paid ~at time and one-half for all hours worked based on. a 56-hour work-"week, Further,. when the completed overtime exceeds IO minutes within the first hour but does not extend beyond one hour,. the overtime shall be for one hour. Beginning„ with the second.. hour overtimeshall be paid to the nearest one-half hour. E. Mandated. C'ertifcatiori T'rain'ing All Fire Department personnel in this unit shall. be compensated at time and one-half of the .employees hou-rly rate. ,(based on a 56-hour work week), for all off duty time required to maintain department mandated certifications . Section 6 Out of Grade Pa A member of .the unit- will be compernsated for working at the next higher .grade.Every': assigned shift will. be compensated at that next. higher . grade at an :additional 5;0 over their regular rate of pay, as long as the individual "is on an acting list. 3 Section 7 Uniform Allowance All employees shall comply with the, uniform;/ clothing requirements and procedures as established and administered by the Fire' Chief . The Uniform,/Clothing Allowance Rrogram shall be .paid in the Fiscal Year of the :Memorandum of, Understanding on or before September 5, .for those employees covered b•y this Memorandum of Understanding in the amount of 1 o times the annual. rate of pay of 'a Step: V Firefighter, per year . This shall be paid on a separate check. from the payroll check,. August 31, and prior to July 1, of fter to ees hired on or~ a E p Y the p for the full ~ annual a ment amount in • ar shall. be aid followin fiscal e P .Y g the following Fiscal Year on or before July 5. An employee who terminates .from City service or is released from City service shall .only receive a pro rata annual amount.. An employee wh o so separates from Ci°ty .service after- any payment. has ~ been made shall re turn that p"ortion of the .allowance determined by the. last day in City service and the end of the fiscal year. Any employee" on ;lease of. absence without pay or leave status in excess of thirty (3.0) calendar days shall ..receive a pro rata amount for the ,fiscal -year. Calculations shall be based on the- Firefighter ;salary as of July ,1, 1986 for FY 8.6/87. For FY 8'7/88 the calculation shall be based on the Firefighter salary as of July 1, 1:.957.. Section 8 Compensation for Clothing Lass The City Manager is authorized to provide compensation to City employees for loss or damage to their clothing which occurs during the course of carr:yin,g out an official duty.. A request for compensation hereunder shall b.e subm'tted in writing; in detail, to the City Manager vi`a the department .head concer-ned. The amount of compensation,. if any, shall be at. the discretion of they City IGlanager. This .section,applies to any member of the Unit whose du°tes are such that he is not required to 'wear • a uniform and is .excluded from receiving; a uniform allowance . Section 9 Holiday Pay The. holidays '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 rate at the time of holiday X 11..03. hours equals- holiday pay /holiday . 4 Section 10 Vacation Payment at 'Termination ` Employees who terminate employment: shall be paid in a lump sum for -all accr-ued vacation leave earned prior to the effective date. of termination not to exceed two (2) years accumulation.,. Section 11 Sick Leave Payment at Retirement In the event of retir-ement, an employee: who has completed ten (10) years or .more with the> City shall receive; fifty percent (50$) of his accumulated but unused sick leave but not to exceed 720 hours. Section 12 Education Reimbursement The City shall. reimbur-se employees of. this unit for .books and tuition upon the satisfactory completion of the cour;s.e. To be eligible for reimbursement, the course. ,must be: (a) fi~r.e related. course;-. and (b) must have prior approval •by the. Fire Chief on the appropriate departmental ,form and (c) be of a subje,ct'. matter 'beneficial to Fire, Department objeetives~. Education for the department shall not :exceed the dollars budgeted by the City- of Petaluma. Section 13 Deferred Compensation The City of Petaluma shall make available to the members of this Unit the City's. Deferred Compensation Plan. Section 1.4 Health Insurance During the period o;f ;this Memorandum of Understanding, the City shall pay any premium increases beyond .the current City' contributions as .listed, below... N'o i~ncr,„ease 'in ~ the dollar amount of the emp-loyee; contributions shall be assessed dur-ng the; term of this Memorandum of Understanding . Health Pian of Sonoma Emp ogee Employee + 1 Emplogee + 2 Kaiser the. Redwoods County 84..30 90.00 108.75 167.60' 185.00 19.0.00 235.47 247.0'0 260.15 5 .Section 15 pental Insurance .,T,he City shall provide for' a group dentalinsurance program for City P Y P ~ y `ll `pay., during 1.986-88 em lo; ~ees and de endents in this, Unit. The Cit sha the. period of this memorandum, the .insurance .premium- in the amount of $4$.OO per employee.,. per month. ' Section 16 Life Insurance. T.he City shall provide during the :period of this Memorandum, at no cost .to the employee., a group term life insurance coverage in the principal amount of $1'0,000 per :employee. Section 17 Zon,g-Term Di~sab'ility Insurance The City shall, pay .during. the ,period of this 'memorandum,. the amount of $9:50 per month, -per e.mplogee. Thi's amount shall not exceed.., however, the total cost of the premium for the ,long-term disabilityinsurance plan. Section 18 Personal Exposure, Reporting The City shall. pay during.. th'e period of this memorandum, the amount of $1:0.00 per person per year toward the Personal Exposure Reporting System. LEAVES: Section 19 Vacation A. Eligibility The times during the calendar year `in which an employee may take his vacation shalh 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 hies annual vacation in a particular calendar year., such vacation. shall be taken. during the following calendar year.. New employees shall b:e allowed to use ther° accumulated vacation, .prior to December 31, for vacation in the succeeding. calendar •year. Accrual Firefighters vacation shall. be computed as follows: Amount of Continuous 'Service __ Vacation After completion -of twelve months 5 shifts per year After completion of -five year=s 7 shifts 'per year After compaction 'of ten years `8 shifts. per, year After completion of .fifteen years 9' shifts ger year After completion of twenty years 10 shifts per year Vacat ion entitlement accumulated in excess of two year's will be lost. 6 C. Deferral Any eligibae, emp ogee .w;th the. consent of the ,,head of his department and, the Personnel Office may defer 2.'5 shifts of his annual vacation to the succeeding calendar year, subject to the other provisions of this rule. A written report of .each deferred vacation signed by the appropriate department head and the Personnel Office noting the details shall be :kept on file with the Personnel Office. Section 20 Siek Leave A. General Sick leave wi"th pay shall be granted to all 'pro-:bationary and permanent employees. within the: competitive service. Sick leave shall not be considered as a right which an employee 'may use at his discretion, but shall be allowed only :in case of necessity or actual personal sickness, disability, or allowed . by the Memorandum. of` Understanding . B . Accrual Sick leave for the::Fir.e Department shall be accumulated on the basis of 12 hours per month., Fire Department 40 hour employees shall accumulate sick leave as other employees of the City. C. Notification Procedures' In order to. receive compensation. while absent on sick leave, the employee shall.. notf-y his immediate superior or the Personnel Office prior to or within four hours after this time set ,for beginning his daily. duties or as may be specified by the head of his department. W:hen• absence is for more than three shifts. duration., the employee may be required to file a physician's certificate with the Personnel Officer stating, the cause of the absence.. D. Rate of Usage The first day of, sick leave will be. charged. against the emp.loyee's accr-ual !at the rate of 12 hours. Each successive shift will be charged at the rate of orre shift (24 hours) . E. Family Sick ;Leav.e Leaves of: absence: up to four working shifts: with pay :granted to employees in the event of serious illness. employ,ee's immediate family and will be charged agans per year may be or injury in the t sick leave . 7 The: immediate family shall consist of the spouse, chi dren, parents, brothers, sisters, o r other indi viduals whose relation's`hip 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 opinion, the relationship of the sick or disabled person to the employee warrants such use .of sick leave. F . Relationship to Worker's Compensation When t'he employee's; absence from work .'has been occasioned by injury suffered during, his employment and he receives workmen's compensation, he sYia11, .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. Ordinarily,: it shall be the policy in workmen's compensation matters that the employee shall assign tQ 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 workmen's. compensation is a supplement: to the workmen's compensation benefits to .provide the employee ~cornpensati°on. at his regular .rate. All employees. receiving; full salaries in lieu of temporary disability payments pursuant . to Section 4850 Labor Code are entitled to accumulate sick leave. during such periods of disability. Section 21 Bereavement Leave Leaves up to ;one shift 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 the spouse, children, parents, brothers, sisters, or other :individual whose relationship to the employee is that of a legal dependent . Section . 22 Military Leave ;Mi'litary leave shall be arranged in accordance with the provisions of States aw.. All employees entitled to military leave shall give the. appointing power an~ .oppo'rtuniby within the limits . of military regulations to determine when. such leave shall be taken. Section 23 Leave of Absence ~ Without Pay The City . Manager may grant a permanent or probationary employee leave of .a'bsence 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 .leave of absence: without pay for an additional period ~ no,t to exceed six (6) months . No such leave shall be granted excepf upon written request of the employee setting. forth 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 8 to return to duty, the emp ogee shall., be reinstated in the position held at the time leave 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, shall be cause for discharge. Section 24 Jury Leave Every classified employee of the City who is called or required to serve as a trail juror shall be entitled to. absent himself from his duties with the City during; the ,period of such service or while necessarily being. present 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 25 Conversion of Leave Balance When an employee is reassigned from affty-six (56) hour position to a. forty (40) hour position, the employee's vacation and sick leave balances shall be reduced to a forty. (40)' hour work week equivalent. Similarly,. when an employee- is r,,eas'signed from a forty (40,) .hour position to a fifty-six (56) hour posit'ion,, ,the employees vacation and sick leave balances shall be increased to a, `fifty=six (56) hour work week equivalent. OTHER Section 26 Retirement The City will continue to provide the 2 o at 55 Retirement Plan without changing the current: benefits which include the following: 1959 Survivor's Benefit,; 1 Year :Final, Compensation Average, and Unused Sick Leave Credit. The widows clause;, Section '212.63, shall , be added January 1, 1987 and the 2 0 @ 50 retirement program shall be added. effective January 1,1988. Section 27 Grievance Procedure A. Purpose ,of .Rule l; To promote improved employer-employee relations .by 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 reasonab°le .effort has failed to resolved them: throug=h discussions:. 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... 9 B. ;Matters, Subject to Grievance .Procedure The g-rieva~nce proce.d'ure shall be used to p;r-ocess . a_nd resolve .,grievances ar-icing. out of the interpretation., application, or enforcement of the express terms of the Agreement. C . Informal Grievance Procedure An employee who has, a problem or complaint should first try to get it settled through dis.cu"scion. with his immediate supervisor without undue delay. If'; :after ~ this discussion, he does not. believe the problem has been satisfactoriay resol~,ed, he shall. have the right to 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 lever of supervision. If the employee is not in ag-reernent with the. ,decision. reached• by discussion, he shall then have the right to file a formal ;appeal in writing within ten (1) calendar. days after. receiving the informal decision 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 sha_11'be presented. in writing to the employee'`s 'immedi`ate supervisor; w,ho shall render his decision and comments in writing, and return them to the employee within five (5') ealend'ar days 'afte.r receiving the appeal. If the employee does not agree with. his s;izpervsor's decision, or if no ,answer has been received within fives (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 decision of his supervisor, or within a: total of fifteen (15) calendar. days if no decision: i5 rendered, will constitute a dropping of, the appeal. 2. Further level or 'levels of review as 'appropriate: The supervisor receiving the, appeal shall review it; render hiss 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 received, within five- (5) calendar days; he may present 'the appeal in wrtirig, p t ,head.. Failure of the employee to to the de artmen take: further action within five, (5) calendar daps after receipt of the decision- or within. a total of. ;fifteen (1.5) calendar' days if no decision is :rendered, will constitute a dropping of the. appeal. 3. Departinen:t 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 appropria"te: persons : The department head -shall render his decision and comments in writing, and return them to the 10 ,; _ __ - ~„ employee within- five (5,) calendar days after, receiving the appeal. If the employee. does- not agree with. the decision .reached, or if no answer $as, been received, wi"thin five (5) calendar days, he may represent the appeal in writing to the City :Manager: Failure of the employee to 'takefurther action within (5} calendar days after receipt of the decision or within a total of fifteen {15) caieridar days if no decision is rendered, :will constitute 'a dropping of the. appeal. 4. City- Manager: The 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 maydesignate a fact finding committee:, officer not. in the normal line of supervision, or Personnelu "Board to advise him concerning the .appeal. The City ' Manager s.ha11 render .a decision in `writing to the employee within twenty (20)' calendar days aftex re'ceiving' the appeal. 5. Conduct of. Grievance Procedure . - .: a,. The dime limits specified above may be extended to a definite date by .mutual agreement- of the employee and the reviewer conc'erned'.. - b . n The employee :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 woY;k time as determined by the appropriate department head ° in conferring about anal presenting the appeal. d. EMPLOYEES' SHALL. BE ASSURED FREEDOM FROM REPRISAL FOR U~SINC THE GRIEVANCE PROCEDURES. ' POSTSCRIPT The parties affix their signatures as constituting mutual accep ante ' and r.ecommenda~tion of this . Memorandum of Understancling to becorrie effective .J'uly ,1, 19.86, upon acceptance .and approval. of the City Council. INTERNATIONAL . ASSOCIATION OF FIRE FIGHTERS, (PET'ALUMA; ~ ~ .. CITY OF PETALUMA LOCAL #1415 11