HomeMy WebLinkAboutResolutions 85-193 N.C.S. 06/24/1985_~. Y _Y"r"r - - - ~ _ , ~ .. .• .
_ ~Resol:u$ron ~ No. s5-~~s N. C. S.
of the City of Petaluma, California
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MA:cw b-24-85
RESOLUTION RATIFXING MEMORANDUM OF UNDERSTANDING EXEGU.TED BY THE DULY
AUTHORIZED. REPRES~ENTATIVES OF THE CITY OF P,ETALUMA AND THE INT~RNATIONAL
ASSQGIATION'OF FIRE FIGHTERS, LOCAL 1415 FOR~THE'EMPLOYEES IN UNIT %.
WHEREAS, tfie City, through its diily" authorized representatives, and
the~Inter.nation.al Association of Fire Fighter;s, Local 1415, through its
dul'y authorized representatives, have concluded their mutual obligation to
meet and aonfer in good f;aith with respect to terms. and conditions of
employment for employees in Unit 7, in accordance with the Meyers-Milias-
Brown Act and the City's Employer-Employee Relafions Rules and Regulations
(Resolution No. 5512 N'.C.S.); and,
WHEREAS, the duTy authorized r-epresentatives of the City and
International ASsqciation of Fire Fighters,.Loca1 1415 have executed a
Memorandum of Understanding (dated June 24, 198'S) pursuant to Section 15,
Resolution No. 5512~N.C.S. and recommend its approval by the City Council;
and,
WHEREAS, the City Manager, pursuant to Sectiori 28, City of Petaluma
City Charter, and as the City's Municipal Employees` Relations Officer
(Resolution No. 5:375 N.C.S.) is required and empowered to make a recom-.: ~
mendation to the City Council on matters related to employees' compensation;
and, ~
WHEREAS, the City Manager, pursuant to Secti:on 28, City of
Petaluma City Char.ter, and. as the City's Municipal Employees' Relations Officer
(Resolution No. 5375 'N.G.S.,) is required.and~empowered to make a
recommendation to the C;i.ty Council on matt'ers :related to employees'
compensation; and,
WHEREAS, the City Manager has reviewed and concurs with said
Memorandum of Understanding for Unifi 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 Memoraridum of Underst'anding- {as attaehed) shall be
effective on July i;, 19'85, `through June 30, 1986:
Under the powei and authority conferred-upon this Council by the ~Charter of said City. '
I here6y certify the foregoing Resolution was introduced and ad'opted by the Approved as o
• ,- _ form
Gouncil of the City of Petalusria at a(Regulai) (Adjourneci) ;(~ meeting
on the .----- 24th.___..... day of __.. _....June.. . . I985:.;, by the
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following vote: ._..:.•-•••--•••-•-• •---••-• •---•-•--
City tto ey
AYES: Balshaw~Cayana.~h/Davis/Teneer/V.I14.Bond/Ma.yor Ma.ttei
NOES:
ABSENT:
ATTEST:
Form CA 2 7/81
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MEMORANDUM OF UND;ERSTANDING
BETWEEN
THE' CITY OF PETALUMA
AND
INTERNATIO`NAL ASSOCIATIOIV OF FIRE FIGHTERS, LOCAL #1415
~ ('Petaluma )
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TABLE OF CONTENTS
PREAMB'LE
~
GENERAL
Section 1 Term ~of Agreemenf
Section 2 Work Week
Seetion 3 Living Restrictions
COMPENSATION
Section 4 Salary
Section 5 Overt~ime
Section 6 Out of Gr.ade Pay
Section 7 Uniform Allowanee
Section 8 Comp,ensation for Clbthing Loss
Section 9 Holiday Pay
Section 10 Vacation, Payment at; Termination
Section 11 5ick Leave, Paymenf at Retirement
Section 12 Education Reimbursement
INSURANCE
Section 13 Health Insurarice •
Section 14 Denta`1 Insurance
Section 15 Life Insuranc`e
Section T6 L,ong-Term Disability insuranee
LEAVES
Section 1'7 Vacation
Section 18 Sick Leave
-Seetion 19 Bereavement ,Leave
Sect'ion 20 Military ,Le.ave
Section 21 Leave of Absences without Pay
Section 2Z Jury Leave
Seetion 2S Conversion of Leave Balances
OTHER
S.ect-ion 2`4 Retiremerrt
Section 25 Grievarice Procudure
POSTSCRIPT
COMPEN.SA-TION
~ Section 4 Salary
The hourly rates of employees in this Unit in the various steps
shall be as foll'ows,:
Effective - July 1, 1985 L II III IV V
Fire Captain - $9.88 $10.38 $10.89
Firefighter/Paramed'ic $7.92 ~ $8:.31 $8..72 $ 9.'17 $ 9.62
Apparatus Operator $7,56 $7.'93 '$8.33 $ 8.75 $ 9.19
Firefighter $7.,56 $7.93 $8.33 $ 8.75 $ 9.19
Section 5 Overtime.
The pu"rpose of; this sectio~ is to clar'ify matters relevant to Fire
Department overtime. Any interpretation of, applicat'ion rele.vant to overtime
shall be resolved by the City Manager, whose determiriatiori is final.
~ All reqizirements arid any procedures xelating to overtime as basically
outlined below shall be as determined and administered by the City.
A. Shift
The members of the, Fire :Department; when. called to work an overtime,
shift, shall be p aid on an 'hour for hour basis rounded to the nearest
quarter hour at the r.egular shift rate f'imes 1.5. An overtime shift is
defined as any cont'inuous ,period of on-duty time exceeding sixteen
(16) consecutive hours which is not part of tfie employee's regular
work sehedule.~ .
B . Assigned Ga1l-back Du_t
All Fire Department personnel in the Unit are subject to assign.ed
call-back duty by tlie Fire Chief (.for example ambulance related duty)
at time and one-half at ,the employee!s ho.urly xate based upon a 56
hour work week. An employee who is assigned to sucli call-back. duty
shali receive:, at 'minimum, six hours pay at this rate at time and
one-Yial'~f . ~ ~
2
C.
D.
E.
Fire. Rec_all arid Special Reca11.
Off-duty Fire Department persorinel are subject to recall and will be
paid ori an overtime basis, (except as set forth in "A" and "B"
above) , at time and one-half and .hourly rate based upon the 56 hour
work week.
However, in no case 'will, they be paid les's than two hours when
called.
FurtYier, 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-. When a recall exceeds. two laours arid fifteen minutes,
the overt'ime will be to the nearest half hour (example, two and
one-half hour) . •
Shift Continuation
Tf a rnember of this unit is. requested to confifiinue on duty after the
end of a norinal 24-Yiours sh'ift and works in excess of. 10 minutes, he
shall be paid at t'ime and one-half for all hours worked based on a
'56-hour work week.
Further, when the coinp'leted overtime exceeds 10 minutes within the
first hour but does not. extend bey.ond !one .hour, the overtime shall be
for one hour. Beg'inning' with tlie second..hou:r over'time shall be paid
to the nearest one-:half hour.
Mandated Certification Training
All Fire Department personnel in this unif shall.:be compensated at time
and one-half of the employees hourl'y rate (based on a 56-hour work
week) for all off duty time required to mainfain department mandated
certifications .
Section 6 Qut ~of Grade Pay~
A riieiiiber of 'the uriit will be compensated for workimg at the_ neXt
higlier grade. Every ~assigned shift will be :compensated at that next higher
grade at an :addit'ional 5 0 over their regular rate of pay, as long as the
individuaI is on an acting list.
3
Section "7 Unifor "m A1lowanee
A'11 employees shall comply with the uniform/clothing requirements arid
procedures as, established and administered by the Fire Chief . ~
The 'Uniform/Clothing Allowanee Prog`ram ;shall, be paid in the Fiscal
Year of the Memorandum of Understanding on or before September 5, for
amount of ~ 1 o times t red by this Memorandum of Understanding in the
those em lo ees cov h`e annual~ rate of p,a,y, of a Step V Firefighter, per
year. This shall. be paid on a separate cheek from tYie payroll check.
Employees hired on or af,ter August 31,, and prior to .Jul.y 1, of the
following fiscal year sh_all be paid for the full ann.ual payment amount in the
following Fiscal Year on . or before July 5,.
An employee who 'terminates from City service or is released from City
service shal'1 only receive a pro rata annual amount. An employee who so
se . arates from Cit servi.ce after~ any payment has ,been made shall return
P- Y
that portion of the 'allowanee deter,mined by the last day in City service asid
the end of the fiscal ,year. Any empToy.ee on leave of absence without pay
or leave status in, excess of thirty (30) calendar dags shall receive a pro
rata amount for the fiseal year,
Galculatioris shall. be based on the firefighter salary as of July l,
1985`.
Section 8` Compensati'on for Clofhing Loss
The Cit,y. Manager 'is authorized to provide compensation to City
employees for los"s or damage to thei~r clothing which occurs during the
course of carrying out an official duty. A request for compensation
hereunder .shall be submi'tted in writing, in defail, to the City Manager via
the department head con'cerned. The amount of compensation, if any, shall
be at the discretion of the City Manager.
This section ap;plies to any member of the Unit w'hose duties are such
that he is nof r.equired to wear a uniform ,and is exclu'ded from receiving a
uniform allowanee .
_ . __ .
Section 9 Holiday Pay
The 'holidays for the, calendar year sfiall 'be the total of twelve (12);
the City shall pay for- these holidays no 'later. than De~cember 10, in lieu of
givirig 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 terrninate 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) years accumulation.
Section T:1 Sick Leave Payment at &etirement
In the event of. retirement, an employee who has completed ten (10 )
years or more with the City shall reeeiv;e 'fifty pereent (50$) of his
accumulated but unused sick leave but rio"t to exceed 720 hours.
Section 12 Educat'ion Reimbursement
The City shall reimburse employees of fhis unit, for books and tuition
upon fhe satisfactory comp'letion of the course; To be:. eli'gib~le for
reimbursement, the cour:se must be:. (a) ~#ire related. cour-se; and (b)
approved, b:y the Fire Chief . E,ducation for the department shall not exceed
the dollars 'b.udgeted by the City of' Petafiuma.
IN'SURANCE
Section 13 Healt~h Insur,ance
During the period of this Memorandum of Understanding, the City shall
pay any p"rem'ium increa;ses~ beyond the curren:t City contributions as listed
below. No increase in 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 Counti.y.
Employee 78.69 90.0,0 l00 . Q5
Employee + 1 156.38 1'85.00 174.80
Employee + 2 223.52 247.U0 239.20
5
°~
~
%
Seetion 14 Dental Insurance
The Gity shall provide for a group dental insurance program for City
emplqyees and dependents in this Unit. T.he. City shall pay, during 1984-85
the, period of this memorandum, the insurance premium in the amount of
$40.:74 per employee,, per. month.
5eetion 15 Life Insurance
The City shal~l provide during the ,per-iod of .this Memorandum, at no
cost to the employee,: a;group term. 1'ife insurance coverage in the principal
amount of $10,;000 per emp'lo,yee.
Seetion .16 Long-Term Disability Insurance
The City shall ~pa,y .during the: per'iod of ,this memorandum, the amount
of $17.80 per mon`th, per einployee. T.lzis amo.unt s'hall not exceed,
however, the total cost of the premium for the long-term disability
insurance plan .
LEAVES
Section 17 Vacation
A. Eligibility
The times dur'ing the calendar year in which an employee may take his
vacation shall be determined by the depar-tmen;t liead with due respect
for the wishe.s of the, em_.ployee and particular re,gard for the needs of
the service. If the :requirements of the service are such that an
employee canriot take part or all af his annual vacation in a particular
calendar year, suc-h vacation shall be taken during the following
calendar gear., N'ew employees shall b'e allowed to use their
a.ccumu~lated vacation prior ~to December ~31 for vacation in the
succeeding calendar year.
B . Accrual
Firefighters vacation shall be co.mputed as follows:
Amount of Contin-uous Ser~vice
After completion of' twelve months
After cocnpletion of five years
After completion of~ ten years
After completion of .fif,teen years
After eompletion of twenty y.ears
~lacation
5 shifts per year
7 shiffs per year
8 shifts per year
9 shifts per year
10 shifts per year
Vacation entitlement accumulated in excess. of two years will be lost.
6
G. Deferral
Any eligible employee with the ¢onsent of the head ~of his department
_
and the Personnel Office may defer 2.5 shifts~ of his annual vacatiori to
the sta:cceeding calendar year, su.bject ;to the other provisions of this
r-ule. A wr'itten report of each deferred vacation signed by the
appropri'ate department head and. the Personnel Office noting the
_
details shall be kept on fi~le with fhe Personnel Office.
Section 1'8 Sick Leave
A. General
Sick leave with pay shall be granted 'to all probationary and permanent
employees w'ithin the competitive service. Si'clc leave shall not be
considered as a;right whicli an employee may use at his discretion, but
shall be allow.ed orily in case of necessity or actual personal sickness,
disability,, or allow.ed by the Memorandum of Understanding..
B . Accrual
Siek leave for the Fire pepartment- shall be. accumulated on the basis of
12 hours per morith. Fire Department 40' hour employees shall
accumulate sick leave as other employees of the City.
C . Notification Procedures
In order to recei~e compensation wliile abserit on sick leave, the
employee shall notify° 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.
When absence is for more fhan three shifts duratibn, the employee may
be required to file: a physician's cerfificate with the Personnel Officer
s.tating the cause of the absence.
D;. Rate , of Usa~ge
The -first day of sick leave will be charged against the e.mployee's.
accru_al at the rate of 12 hours . Each successive shift will be charged
at the; rate of: one sYiift (.24 hours) .
E~. Family Sick. Leave
Leaves of absence up to fo,ur working shifts with pay per year may be
gr.anted 'to emp.loyees in the event of serious illriess or injury in the
employee's'. immediate fainily and will be charged against sick leave.
7
The immediate family shall consist gf the spouse,, children, parents,
brothers, sisters; ° or other, individuals whose relat'ionship to the
employee is that of a dependent or rrear dependent: In each case, the
appointin.g ° power shal~l grant ;such sick lea~e only when in .his opinion,
the relation"ship of the sick br disabled person to the employee
warrants such use of sick leave.
F. Relationship to Worker's Compensation
When the .employee's :abs'ence from. work ;has be.e.n occasioned by injury
suffered du"ring hi5 employment and , fie receives workmen's
compensation, ,he shall aIso be entitled to receive from the City the
difference between, such. workmen's cornpensat"ion 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 emp'loy.ee shall assign to the City any benefits
render-ed him during t`he 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 wor.kmen's compensation
benefits to provide the employee compensation at his regular rate . All
employees receiving full salaries in. lieu of temporary disab'ility
payments pursuant to Section 4850 Labor Gode are entitled to
accumulate sick_ 1'eave during such periods of d'isability.
Sec,tion :19 Bereavement Leave
Leaves up to one: shift wi,th ,pay per fiscal year may be g-ranted to
employees in "the event of de`ath in the employee's immediate family. The
immediate fami`ly sfiall consist of the spouse;, childr.en, parents, brothers,
sisters, or ofher individual w-hose relationship to the employee is that of a
legal depenclent_.
Section 20 Military ~;Leave
Military leave s'hall be arr.amged in accordance . with the provisions of
State law. All employees entitled to military leave shall give the appointing
p.ower an opportunity witliin the limits of military regulations to determine
when such leave sha11 be taken.
Seetion 2-1 Leave of, Absence W,ithout Pay
The Citg Manager may grant a permanent or probationary employee
leave :of ab,sence without `pay ~or seniority for ,a period not to exceed three
(3) months. Good cau_se being shown by a written request, the- City
Manager may extend: the leave of absenee without pay for an additional
per,io.d 'riot fo .exceed six (6) moriths. No ~s;uch leave shall be granted
excep;t: upon written ~ request of the employee setting forth the reason for
the reques~t, arid the approval will be in writing. U:pon expiration of a
regularly approved leav.e or within a reasonable period of time after notice
8
to return to duty, the emp;loyee shall be reins.tated in the pos'ition held at
the time leave was~ granted. Fai'lure on ;the part of an employee on leave to
report promptl,,y at :its expiration, or within a reasoriable time after notice to
return to duty,, shall be cause for discharge:. „
Section 22 Jury Leave.
Every classified employee of the City who is called or required to
serve as a trail juror shall be entitled to absenf himself from his duties
with the Gity during .the period of such service or while necessarily being
present in court as a resul,t of such cal-1. Under such circumstances, the
employee shall be pa'id the difference between his full salary and any
payment received by him; except travel pay, for sueh duty.
O,T;HER
Section 23 Retir,ement
The City will continue to provide the 2 o at 55 Retirement Plan without
changing the aur.rent benefits which include the following : 1959 Survivor's
Benefit, 1 Year Final Compensation Average, and Unused Sick Leave
Credit.
The City agrees to finanee an actuaral study #or the 19.84/, 85 Meet and
Confer consisting of tfie cost` for; ;T,) 2o C 5,0; and 2) the widows clause,
Section 212.63 and 2% @ 50; and 3) the widows clause without 2a @ 50.
Section 24` Conversion .of ,Leave Balance
When an employee is. reassigned from a fifty=six (56) hour position to a
forty ( 40 ) hour position, the employee's vacation and s'ick leave balances
shall be reduced' to a forty (40) hour work , week equivalent. Siinilarly,
when an employee is reassigned from a forty (40) hour position to a
f'ifty-six (5b) hour 'position,, the employees vacation and, sick leave balances
shall be increased to a fifty-six (56) hour wo"r.k week equivalent.
Section 25 Grievance Procedure
A. Purpose, of Rule
1. To promote impr.oved empToyer=emplo.,yee, relations by establishing
g~rieva_nce procedures on matters for w•hich appeal or hear-ing is
not provided by other regulations. '
2. To afford employees indiVidually or through qualified employee
organ. izatign a systematic means of obtainin~g further' consideration
of pr,oblems after every reasonable effort has failed to resolved
them through discussions.
3,.. `To provide :tha~t grievances shall .be settled as near as possible to
the point of; orig'in .
4. To provide that appeals shall `be conducted as informally as
poss'ible.
9
B. Matters Subject to Grievance Prqcedure
Any emplo:yee .in the competitive: service shall ha~e the right to appeal
under this rule, a decision affectin~g .his' employment over w.hich his
ap,pointing power lias partial or complete jurisdicti'on and for which
appeal is not provided by other regulations or is not prohibited.
C. Infor-mal Grie~an. ce :Pr..ocedure
An employee who has a problem or complaint sho.uld first try to get it
setfled through. discussion with his immediate sup;ervisor without undue
delay. If, after this: discuss'ion, he;. does not b.elieve the problem has
been satisfac,toriiy resolved, .he shall have the r'ight to discuss it with
his sugervisor's immediate supervisor, if an.y, in the administrative
service„ Every~ effor"t should be made to find an acceptabie solution
by informal mean°s: at the lowers possib'le le~el of supervision. If the
employee is not in agreemen~t with the decision reached by discussion,
he shall then have the right to file~ a formal• appeal in writing with.in
ten (T) calendar days after :receiving tke informal ~ decision of his
immediate super'ior. An informal appeal shall not be taken above the
appointing power.
D. Formal Grievance Procedure. (le.vels. of~ r-evie,w through chain of
~ command' '
1. First level of; review: The appeal .shall be presented in writing to
the ,employee's immedi`ate superv'isor, who shall render his decis'ion
and comments. 'in wri~tirig and return ;tliem to the employee within
five ( 5) ca'lendar days after receiving , the appeal. If the
empToyee doe.s not agree with his superv'isor's decision, or if no
answer has been received within five ( 5}. calendar days , the
employee may pr"eserit the appeal in w"r.itin~g 'to his supervisor's
immediafe . superior. Eai'lure of the employ.ee ~ to take further
acfion witYi'in five (,5;) calendar d`ays after .receipt of the written
decision of. his supervisor, or within a total of fifteen (15 )
calendar days if no decision is rendered, ~ will constitute a
dropping of the appeal.
2, 'Fur_ther.. level or levels of' review, as appro.priate,: The supervisor
receiving the appeal shall review it~, render his decision and
comments in writing, and r-eturn them tq, the employee within five
(5) calendar' days after receiving the appeal. If. the employee
~~ does .not agree with the decision, of if no answer has been
reeeived. w'ith'in five (.S ) calemdar days„ he may present the appeal
in writing to the department head'. Failure of the emplo.yee to
take; further action within. fiye ( 5)' calendar days after receipt of
tfie ~de,cisiori , o"r with'in a total of ,fifteen (;15 ) calendar days if no
decision is render.ed,. will consti'tute a dropping of the appeal.
3'. Department Review; The department head receiving the appeal of
his. `;designated representative, should discuss the grievance with
the emplo,.yee:, his represeritative, 'if any, and with other
appropri'ate persons. The depar;tment head shall 'render his
decision and comments in writin.~g.,. and return them to the
10
~ employee within. five (5) calendar days a-fter receiving the appeal.
If ~the employee eloes 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 w~ithin °(5) calendar .days after
receipt of the decision or within a'total of fifteen (15 ) calendar
day`s if no decision is rendered, will constitute a dropping of the
appeal .
4. City ~~'Manager: The Gity Manager receiying the appeal or his
designated representative should discuss th:e grievance with the
employee, his .representative, if an,y; and wi:th. other~ appropriate.
person. The City ~Manager may° , designate a fact finding
committee, officer not 'in the normal line of supervision, or
Personnel -Boar.d to. ad~ise him concerniri~g the ap."peal . The City .
Manager shall ,render a decision. in writing to the employee within
twenty (`20) calendar days .after r•eceiv=irig: the ap,peal..
5. Conduct of' Grievance Procedur.e
a. The time lim'its specified above may be extended to a definite
date b;y mutai agreement of ~the: .emp'loyee and the reviewer
concerned.
b. The employee may request, the assistance of ~another person
of his own choosing in preparing and presenting his appeal
, at any 1eve1 of ,review .
c. The employee and his representative may be privileged to
use a reasoriable amount of work time as defer,cnined by the
appropriate de,partment he,ad in conferring about and
presenting' the appeal.
d. EMPLOYEES SHALL BE ASSURED FREEDOM FR;OM REPRISAL
FOR USING THE GRTEVANCE PRO:CEDURES.
POSTSCRIPT
The ~,parties affix:. ,their signatures as con's;tituting mutual acceptance
and recommendation of tfiis Memorandum of Understan'ding to become
effective July ;1", 1985, ,upon aeceptanee and approval of the City Cou;ncil..
INTERNAT'IONA,L . ASSOCIATION OF FIR'E FIGHTERS, LOCAL #1415
(PETALU;MA')
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CTTY OF, PETALU ,
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