HomeMy WebLinkAboutStaff Report 3.D 05/20/2019Agenda It
DATE: May 20, 2019
1
TO: Honorable Mayor and Members of the City Council through City Manager f
FROM: Cynthia Kasten, Interim Human Resources Director
SUBJECT: Resolution Ratifying the Side Letter Agreement Executed by the Duly Authorized
Representatives of the City of Petaluma and the International Association of Fire
Fighters, Unit 7
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Ratifying the Side Letter
Agreement, Executed by the Duly Authorized Representatives of the City of Petaluma and the
International Association of Fire Fighters, Unit 7.
BACKGROUND
The International Association of Fire Fighters (IAFF) represents Unit 7 and the existing
Memoranda of Understanding (MOU) is effective July 1, 2013 through December 31, 2017.
Complying with Section 1.2 of the MOU —Notice of Successor Memorandum, the City and IAFF
commenced meeting and conferring for a successor MOU in 2017. During these negotiations, the
parties entered a Tentative Agreement which includes a one-year term to extend the existing MOU.
DISCUSSION
The City and IAFF negotiated and reached a Tentative Agreement. The terms include a one-year
extension of the existing MOU. The parties have agreed to memorialize the terms in a Side Letter
Agreement in order to codify the agreed upon items as both parties work toward a successor MOU.
The Side Letter Agreement serves to amend, clarify, and address issues of interest to the parties that
are not otherwise covered by the MOU. The recommended action ratifies terms of the Side Letter
Agreement negotiated by the two parties and terms are subject to take effect the first full pay period
following City Council ratification.
FINANCIAL IMPACTS
All costs are attributable to the General Fund. Terms with estimated costs include:
• Eliminate the bi-weekly uniform premium of $52.19, which is based on the current top step
of the Firefighter's annual salary. The base pay will increase by this amount effective with
the elimination of the uniform premium. The anticipated cost is $43,000 in the first year.
City to pay $24.50 per employee, per month for long term disability (LTD) insurance
premiums. The anticipated annual cost is $3,300.
Only Applicable to Fire Inspectors:
• Match holiday accruals to assigned schedules (i.e., 8 hours for employees on a 5/8 schedule,
9 hours for employees on a 9/80 schedule, and 10 hours for employees on a 4/10 schedule),
for an anticipated annual cost of $1,184.
• Match floating holiday hours to assigned schedule for an anticipated total annual cost of
$274.
• Increase standby pay from $3.00 to $3.25 per hour for an anticipated total annual cost of
$60.
Ongoingresources related to fee updates, along with one-time revenues received related to real
property transfer taxes have been identified to fund the recommended costs.
ATTACHMENTS
1. Resolution with Exhibit A — Side Letter Agreement
2
ATTACHMENT 1
RESOLUTION RATIFYING THE SIDE LETTER AGREEMENT EXECUTED BY
THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY OF PETALUMA
AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, UNIT 7
WHEREAS, the City of Petaluma and the International Association of Fire Fighters (IAFF),
Unit 7, through their duly authorized representatives, have concluded their mutual obligation to
meet and confer in good faith with respect to the successor contract provision provided by Section
1.2 of the IAFF Memorandum of Understanding (MOU), effective July 1, 2013 - December 31,
2017, in accordance with the Meyers- Milias-Brown Act and the City's Employer -Employee
Relations, Rules and Regulations (Resolution No. 55412 N.C.S.); and
WHEREAS, the duly authorized representatives of the City and the IAFF have reached
Tentative Agreement and executed this Side Letter Agreement; and
WHEREAS, the City Manager, pursuant to Section 28 of the Charter of the City of
Petaluma, 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 good faith bargaining and employees' compensation; and
WHEREAS, the City Manager has reviewed and concurs with said Side Letter Agreement
for IAFF, Unit 7, and does recommend that the City Council ratify said Side Letter Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Side Letter Agreement, being in the
best interests of the City of Petaluma, is hereby ratified and the terms and conditions of said Side
Letter Agreement, attached to and incorporated as Exhibit A, shall be effective the first pay period
following ratification
EXHIBIT A
SIDE LETTER AGREEMENT BETWEEN THE CITY OF
PETALUMA AND THE INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS (IAFF), UNIT 7
The representatives of the City of Petaluma and the International Association of Fire Fighters
(IAFF), Unit 7, have met and conferred and reached agreement on this Side Letter of Agreement.
The parties agree to the following:
1) The current contract will be extended by one year to December 31, 2018,
2) A compensatory time bank will be implemented as an alternative to overtime, with a
cap of 240 hours maximum accumulation, the City agrees as follows:
Overtime Compensation — Compensatory Time
Employees shall be compensated for accrued overtime either in cash or as compensatory
time. Employees may accrue up to a maximum of two hundred and forty (240) hours of
compensatory time. When two hundred and forty (240) hours of compensatory time are
accumulated, the City shall compensate the employee in cash for any additional overtime
worked.
Compensatory Time — Request for Time
An employee wishing to use his or her accrued compensatory time off (CTO) shall make the
request to his or her supervisor in writing. The City shall permit the employee to use the
requested accrued CTO within a reasonable period after making the request, and to the extent
required by the Fair Labor Standards Act (FLSA), so long as the use of the CTO does not
unduly disrupt the operations of the City. The City is not required to grant use of the CTO on
the preferred day or days requested by the employee.
Compensatory Time Payout
Each employee may request payment of up to 100 hours of the employee's current balance of
compensatory time two times per year, to be paid in the month of December and the month
of June. This payout shall be made in the employee's regular paycheck.
3) Uniform pay will be eliminated after incorporating the premium into base pay.
Uniform pay is currently paid as a bi-weekly premium of $52.19, which is based on
the current top step of the Firefighter's annual salary.
4) Union Time Bank:
This time is used by Union Officers for official business and shall not exceed a
cumulative balance of 450 hours. The City agrees to lower the union time bank cap to
450 hours.
5) Long Term Disability (LTD):
The City agrees to pay $24.50 per employee, per month for LTD insurance premiums.
6) Fire Prevention Bureau — the following terms cover Fire Prevention employees
exclusively:
a) Holidays:
Fixed holidays currently provided for in the MOU will be based on the
employee's regular work shift. For example, if an employee works a 4/10
schedule, s/he shall receive ten (10) hours of pay for the holiday. If an
employee works a 9/80 schedule, s/he shall receive nine (9) hours of pay
for the holiday, or eight (8) hours pay if the holiday falls on their regularly
scheduled eight (8) hour workday as part of their 9/80 schedule. If an
employee works a 5/8 schedule (five days/week, eight hours/day), s/he
shall receive eight (8) hours of pay for the holiday. The same shall be true
for any employee whose regular work week is fewer than forty (40) hours
per week, except that no such employee shall receive more than eight (8)
hours of pay for the holiday.
b) Floating Holiday:
On a fiscal -year basis, employees will receive floating holiday hours based
on the employee's regular work shift. Employees regularly assigned to an
eight-hour work day shall receive one eight-hour floating holiday.
Employees regularly assigned to a nine -hour work day shall receive one
nine -hour floating holiday. Employees regularly assigned to a ten-hour
work day shall receive one ten-hour floating holiday.
c) Standby Pay:
An employee who is assigned to standby shall be paid $3.25 for each hour
that the employee stands by on call.
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
Kenneth Dick, President, IAFF Local 1415
Date
Matt Martin, Representative, IAFF Local 1415 Date
CITY OF PETALUMA
Peggy Flynn, City Manager
Date
Cynthia Kasten, Interim Human Resources Director Date