HomeMy WebLinkAboutAgenda Bill 5.C 11/01/2004CITY OF PETALUMA, CALIFORNIA
AGENDA BILL No ve mber l ,
Agenda Title . - RESOLUTION RATIFYING MtMORANDUM OF
Meeting.Date:
UNDERSTANDING EXECUTED BY THE, DULY
November 1, 2004
AUTHORIZED REPRESENTATIVES OF THE ':CITY AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL
Meeting`Time Z 3;00 PM
1415 FOR EMPLOYEES OF UNIT 7 (FIRE)
❑ 7 :00 PM
Category (check one) ❑ - Consent Calendar ❑ Public Hearing Z New Business
[] Unfinished'Business ❑ Presentation
Department
Director
Contact Person _
Phone Number
Human' Resources
Pamala Robbins
778 -4343
Finance
Joseph D. Netter
Joseph D. Netter
778 -4323
Cost of Proposal $329,640
Account Number Salary 'and
Benefit Accounts
Amount Budi?eted
Name of Fund Affects the General
Fund and various salary accounts
Attachments to Agenda Item
1. Resolution Ratifying the Memorandum of Understanding By The Duly Authorized
Representatives of The City And International Association of Firefighters, Local 1415, For Employees Of
Unit 7.
S utnina"I Statement
Pursuant to the provisions of the Meyers- Millias - Brown Act, the representatives of the City of Petaluma
, and the International Association of Firefighters, Local ,1415, have m et and conferred in good faith
regarding wages, hours and other terms and conditions of employment and jointly present to the City
Council, of the City of Petaluma, as recommendations salary and` employee benefit adjustments for the
period -July 1, 2004 and ending June 30,2005 with salary adjustments" effe ctive July 5, 2004 and January 3,
2005.
Recommendations for salary and benefit adjustments are summarized in the attach ed Memorandum of
Understanding between International Asso ciation of Firefighters, Local 1415 and the City. of Petaluma.
Recommended City'Council °Action /Suggested Motion
Approval of the Resolution
Reviewed by Finance Director,:, �
Reviewed by City Attorney
Date:
Approved by C I ity Mana er:
d Date:
Date;
To 's ate:
Revision # and Date Revised
File Code:
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CITY OF PETALUMA, CALIFORNIA
NOVEMBER 1, 2004
AGENDA REPORT
FOR
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY
AUTHORIZED REPRESENTATIVES OF'THE CITY AND THE INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS LOCAL 1415 FOR EMPLOYEES OF UNIT 7 (FIRE)
1,. ExECUTIVE..SUMMARY
Pursuant'to'the provisions of the Meyers - Millias -Brown Act, the representatives of the City of Petaluma
and International Association of firefighters, Local 1415,,.have met and conferred in good faith
regarding wages, hours, and other terms and conditions of employment and jointly presented to the City
Council, of the City of Petaluma as recommendations, salary, and employee benefit adjustments for the
period,July 1,,:2004 and ending June 30, 2005 with salary adjustments effective July 5, 2004 and January
3, 2005.
Recommendations for salary and benefit adjustments are summarized in the attached Memorandum of
Understanding between the InternationalAssociation of Firefighter, Local 1415, and the City of
Petaluma.
2. BACKGROUND
International Association of Firefighters, Local 1415, Memorandum of Understanding for Unit 7 expired
' on June 30, 2004. The city has met and conferred with union representatives and have reached
agreement with the union over the terms and conditions of employment for the contract period July 1,
2004 through June 30, 2005.
Agreements are outlined in the attached Memorandum of Understanding.
3. ALTERNATIVES
Not adopt resolution and employees would receive no salary or benefit adjustment for the period July 1,
2004 through June 30, 2005,
4. FINANCIAL IMPACTS
The total cost to the city has'been estimated to be $329,640.
CONCLUSION
This agreement in the council guidelines for the meet and confer process.
6. OUTCOMES'OR.PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION:
Implementation, of the contract provisions.
7. R ECOMMENDATION :
Approval of the resolution and authorization for the City Manager to amend the MOU with the changes
described in ,the attached documents.
i A �
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES
OF THE CITY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1415FOR EMPLOYEES OF UNIT 7 (FIRE)
WHEREAS, the, City, through its duly authorized representatives, and the International
Association of Firefighters, 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 the 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 the International.
Association of Firefighters' have';executed. a Memorandum of Understanding 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 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 reconunend that the City Council ratify said Memorandum of
Understanding.
NOW, THEREFORE, BE- IT RESOLVED that the Memorandum of Understanding,
being in the best interests of the City, is ratified and the terms and conditions of said
Memorandum. of Understanding "shall be effective July 1, 2004 through June 30, 2005, with
salary adjustments effective July5, 2004 and January'3, 2005.
ATTACHMENT A
• Unit 7
Memorandum of Understanding
Between, Local 1415 International Association of Fire Fighters
and' the City of'Petahin a
This Memorandum of Understanding is entered into `pursuant to the provisions of
the Meyer- Millias =Brown Act, Section 3 et seq of the Government Code of the State
of California
The parties have .met and conferred, in• good faith regarding wages, hours and
have.,freely' exchanged informafiN opinions, and and have reached, re units,
other'terrns and conditio
p greernent
on all matters relating-to the employment conditions and employer-employee relations of
such employees. "
This Memorandum of Understanding shall be presented to the City Council' of the
Cit y of Peta 1_uma- as the J'oint recommendations :of the `undersigned parties for salary and
employee.benefit adjustmerits for the period July 1, 2004 and" June 30, 2005 with
n salary adjustments effective July 5,`2004 and January 3., 2005.
TERM OF AGREEMENT'
g the period on July 1, 2004
This Memorandum ofUnderstandin shall, for
with adoption bythe City Council and continuing through June.30, 2005.
SALARY
The City agrees a to a wage - increase, of four percent (4 %) retroactive to the first
general wa g
pay period of fiscal year 2004 - 2005.: (Pay periodI'beginniri'g bn July 5, 2004). The City
agrees to a salary adjustment to the position of Fire Engirieer of one (1 %) to the
first "pay period. of 'fiscal year 2004= 2005: 'The City agrees. to a,geiieral wage increase of
two percent, (2 %) effective ,.the first pay period "in 2005`. (Pay period' beginning on January
3, 2005).
- UPDATED JOBS TITL "ES
Revise d language throughout MOU document to . reflect current job titles
.
SECTION 2 - DEFINITION OF TERMS
Revised.lariguage for Section 2 which updates definitions
The'following,de'firiitioins apply'throughout this OU unless the context requires another
meaning.
. Advancem`ent shall mean a salary increase with'i'n .the limits of a pay range
established 'for �a job classification.
2.2 Allocations: shall mean , the assignment a single pos .fion - to its proper job
classification in iaccord.anc6 with the duties performed, and the authority and
responsibilities exercised:
I
2.3 . Anniversary Date shall mean the anniversary of the date of the employee's first
Yegular = probationary appointment with the =City.
2.4 A licant
pp : shall mean.a person who has fled an' application to.take a promotional
exam with, the City.
2.5 Appointment Authority. shall ,mean the City Manager or his or her- delegate who,
in his or her individual capacity., have the° final authority to make the appointment
to th e. regular position to be filled.
`2,6; Bulletin Board shall -mean the official posting place :for Union notices as
prescribed 'by1his MOt7:`''
2:7 Certification of Employment List shall, mean the .furnishing of names by the
Personnel Officer of `eligible, available candidates for employment from an
Employment List, in the manner prescribed in. the City of Petaluma Personnel
Rules, andRegulatioris.
21 Certification/License shall mew - document certifying that fone.;has fulfilled the
requirements within the scope of that certification or license.
2.9, City shall,mean.the City of;Petaluma.
2.10 City Manager shall mean the City Manager of Petaluma.
' Classification : shall mean all positions similar as to- duties, authority, ,and
p y, p a common title and -fhe application with
res onsibi -lit to errnit grouping under
equity of common standards of selection, transfer,,promotion; and salary:
2..12 Classification Plan shall mean all, regular positions in the competitive: service
defined by classification specification including title.
,2.13 Competitive 'Service shall, mean all regular positions of employment in the
Service of the City except`those specifically excluded by ordinance..,
L14 Demotion shall mean the movement of an employee from brie, classification to a
lower classification.
2.15 Department Head shall mean the individual who is designated the. administrative
head of-, a department, -
2.16 Disci 1p ine shall mean °a range of corrective actions 'that, may be. rprogressively
more, severer designed. -to correct negative behaviors; jbb p.erforrriance or
misconduct in which the level or,action taken fits the i ature.of the problem.
2-.17 Dismissal shall 'mean- the, termination of. employment for .cause by .the appointing
authority.
2.18 Eligible shall mean 'a person whose name 'is :on �an Opens Employment List or
Promotional Employment List..
2.19 Ernplo.ment List
A. Open. Employ ent List :.A list of navies of persons 'who have taken an
`open -- competitive .examination for .a job classification in the competitive
service.and have qualified,
B: Promotional Ewployrrient List A 1 st.of'naines of persons who have•taken
a promotional examination for .a job classification in the comp_ etitive
service and have qualified:
2.20 Examination
A. Open Competitive Examination An examination for a particular
classification, which is open to . all; ,persons meeting the qualifications for
the classification. A
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B. Promotional Examination An examination fora particularclassification
admission to the examination being limited to. regular and probationary
employees the competitive service who _meet qualification for the
classification.
C. Continuous :Examination An open - competitive examination which is
administered periodically and ass axesult-of which names are placed on an
employment ist, in order.,,.,of.finalscores -for a;pe'riod of not more than one
year.
2.2.1 FLSA Work Period shall mean a twenty -eight (28),day work cycle that includes
two (2) pay periods.
2.22: La yo shall mean the separation of employees form the active workforce due to
.the: lack ,of work or funds,, or to the abolition .of ; positions , due to organizational
changes.
2.23 Meet: and Confer shall mean that process .to reach agreement on matters within
the scope of represeritation.as defined by the Meyers..- Millias Brown Act:
2:24 Minimum Qualifications shall mean the lowest; 'acceptable degree of skill,
education abilities; experience and personal and physical characteristics, for the
selection
n of an appointee `•to fill a position vacancy.
2.25 Overtime Pay ;shall 'means ; payment to an employee. for work in excess of the
regular Workday.
2.26 Overtime Work s mean hall
work performed in�excess of'the regular workday.
.2.27 assed Over shall mean the rejection of a certified name,on :an Employment List in
favor of a certified iamein a lower position .on the Employment List.
2.28 Personriel Officer shall mean the ,City Manager or a duly authorized
representative:
2.29 Pay Period shall mean a,-fourteen (1.4) day period of time corresponding with the
City's "Schedule of Pay Periods..
°2.30. Position shall. :meana.Regular Position in the Classified Service.
2.31 Probationary Employee shall mean an employee, assigned to a regular position
for a.probationary period.
2:32 Probationary Period shall mean a working.aest period during which an employee
is required,1to demonstrate competency for the duties in which appointed by actual
performance of the 'duties in a regular position.
2.33" Promotion shall mean. ;the movement of an employee from one classification to
another classification having,a-higher rate'of pay.
2.3:,4_ Promotional Probationary Period shall mean the first one (1) year of an
employee's service:i a promotional position.
2.35 Reclassification shall mean a change. of an employee's status from a position in
on
e classification to •another position in a different classification.
2.36 Regular Employee shall mean an employee., who has„ successfully completed the
2.371 Probationary period and has been retained'by. the City.
. Re gularwPositiori shall mean a position created by the .City Council and assigned
to ar existing ,cl`ass'ification within the classification plan.
2.38 Relief From D'uty shall .mean the temporary, 'assigni ient of an employee to a
status of leave; with,pay:,
2.39 Resienatiori shall. mean any employee's voluntary. separation' from City
employment.
B
2,40. Rotation : = is defined as three (3) duty shifts; assigned in a nine (9). day interval:
2.41 Seniori ty :;.shall ..mean that "time from the date of hire within the 'Fire'Depart"ment of ,
those classe&represented within this 1VIOLJ.
2.42 Suspensipip , shall mean the temporary separation from the service of an employee
without pay, for disciplinary purposes:
2.43 Transfer, shall mean a change of an eiinployee from one position to an
positron in the:same elassifi'cation orin a comparable classification.
2. Unit shall ;mean the appropriate' grouping_ of classification based on the
community of interests among such employees as determined, by City of
Petaluma.
2.45 .Wntten Examination shall ;mean that part: of an, examination: process cofiducfed
through a• written test to ' evaluate thee candidate's education, experience, and
genbral,qualif cations pertinent to the position'forwhich examined.
SECTION 5-- `HOURS AND OVERTIME
Revised language fo" change "to a 40 7hour workweek 'for light duty
5.5 Li hg t :Duty Workweek
The Fire 'Chief may ,assign an employee to Eight duty due to the health or
disability o'f an employee. The Fire Chief may 'det'ermine: ,a, flexible schedule
based on Monday °through Sunday forty "(40) hour: workweek.. '
SECTION'8 — SALARIES
Revised language`to clarify salary step "schedule, standardize bilingual pay language and
.
provide aii'increase �in bilingual pa-y; provde•for �ad'ditional education and certificate pay
arid. to provide for an increase ` -in educationand certificate pay
8,3 Merit' Advancement Schedule
An employee shall be considered for a merit increase to the Salary Steps as
follows:
Salary Sfie p
Advancement Schidtfle
From 1 to 2
6 months '
From,2 to 3
18.montlis
From 3 to, 4
30 months
From 4 to 5
41, months:
8.6 Bilingual -Pay — Spansh
A qualified employee, who, demonstrates [Spanish bilingual proficiency at an
acceptable 'proficiency level as determined the Human Resources Director,:
shall be eligible for Spanish Bilingual Pay°in. the amount.of`two .`hundred dollars
;
per month. To qualify , an employee. must
($280.00) be tested and certified as;
profic`ient;at an acceptable profici ency, level as determined_ and certified' by the:
Human Resources Director and in accordance with the City's' .Administrative
Policy on Proficiency. Testing:
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8.7 Education Incentive Pay
The following Certificate Pay and; Educational Incentive Pay is provided for
qualified employees in, the' classifications of'Firefighter, Frefighter/Paramedc
Fire Engineer Fire , Engineer /Paramedic,, Fire Captain Fire ' Inspector I and Fire
Inspector H. „
Amounts are per month times 12126.
.The cumul ative
two'`hundreddollar $200 Ce l ermonth eror educational _pay shall' not to exceed
amount
( ) p p employee.
Those eligible ble for they Fire 'Prevention Certification must be assigned to the Fire
Marshal's Office on a permaneiat basis:
SECTION 11 VACATION
g - g fy acat'ion accrual and usage
R&6sdd j0 ua e to clan v
11.3 Vacation - Accrual
p The'higher accrual rate pis effective. twelve (12);months prior to the affected thatsuficnt accrued date so time °is available on the anniversary
date:
anrnve employee who isf due an Increase in vacation during the next calendar
y
year may include the additional vacation time during sign -ups for that year, and it
may be taken concurrent' with ,other vacation days:; provided the employee does
not exceed his or her ,accrued vacation hours. The Department. will notify an
employee when he or she within ten percent (10 %) of the'maximum balance
allowed..
1:1.4 Vacation Selection Procedure
(A) The order of selection of annual vacation `shall be based solely on
respective department seniority., - by 'sl i °ft, irrespective of rank or job
description:
(B) With, the, exception of C below,,, the maximum number"; of suppression
personnel eligible to be on vacation at° any one time shall be one (1) per
shift.
(C) O,yerlap iii vacations will be, allowed only for those shifts in excess of the
- maximum number of vacation shifts per year (For example, if 'B shift
works one hundred and twenty one (124). shifts :in,a `given year and the
number o.f eligible vacation shifts to zbe taken by employees, is one 'hundred
twenty eight '(128),;shifts, then the nu' mber,of overlap, shifts for B shift that
calendar year is seven (7).
(D) The Platoon Battalion Chief will establish the number of overlap shifts
prior to vacation "selection. This process consists 'of'determining the total
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Fire
Chief
Prevention,
'Prevention
A-.-S. or
B.A.,or
Officer
'Officer
Officer I
.Officer II
A.A.
B.S.
Cert.
Cert.
T - C.ert;,
Cert.
°degree
degree
$100
$200`
$1.00
$200
$1'00,
$200
Amounts are per month times 12126.
.The cumul ative
two'`hundreddollar $200 Ce l ermonth eror educational _pay shall' not to exceed
amount
( ) p p employee.
Those eligible ble for they Fire 'Prevention Certification must be assigned to the Fire
Marshal's Office on a permaneiat basis:
SECTION 11 VACATION
g - g fy acat'ion accrual and usage
R&6sdd j0 ua e to clan v
11.3 Vacation - Accrual
p The'higher accrual rate pis effective. twelve (12);months prior to the affected thatsuficnt accrued date so time °is available on the anniversary
date:
anrnve employee who isf due an Increase in vacation during the next calendar
y
year may include the additional vacation time during sign -ups for that year, and it
may be taken concurrent' with ,other vacation days:; provided the employee does
not exceed his or her ,accrued vacation hours. The Department. will notify an
employee when he or she within ten percent (10 %) of the'maximum balance
allowed..
1:1.4 Vacation Selection Procedure
(A) The order of selection of annual vacation `shall be based solely on
respective department seniority., - by 'sl i °ft, irrespective of rank or job
description:
(B) With, the, exception of C below,,, the maximum number"; of suppression
personnel eligible to be on vacation at° any one time shall be one (1) per
shift.
(C) O,yerlap iii vacations will be, allowed only for those shifts in excess of the
- maximum number of vacation shifts per year (For example, if 'B shift
works one hundred and twenty one (124). shifts :in,a `given year and the
number o.f eligible vacation shifts to zbe taken by employees, is one 'hundred
twenty eight '(128),;shifts, then the nu' mber,of overlap, shifts for B shift that
calendar year is seven (7).
(D) The Platoon Battalion Chief will establish the number of overlap shifts
prior to vacation "selection. This process consists 'of'determining the total
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number,of personnel, assigned to any giveii
iftAime& the' ta I number of
shifts; each member has accru given Thfs! number -
1 - .. I I . r
the total vacation. days required per The City the tight to
adjust- selected Vacation shifts for ; the purp-0se, Of maximizing, contiguous
vacation opportunities for the most members of the Department.,
(E) - Vacation selection - may be taken as 'one. vacation peri 6d Or be. split
between two or more vacation If the employe elects to sp lit
vacation,' the. second and subsequent selections will be made on a round-
robin b asis.
(IF) For purposes Of vacation, seniority will, be determined . the d ate Hof .
service. When more than one pergon'has the same hire -datese y Will
rijorit
be determined by, th 'effi eht`� ory the em list with he .
eir- T ac
exception of those employed. prior to the date o - it Where'
f this!,arhendinei
other basis :for seniority has previously been agreed
upon.
(G,) 'Subseq to the establishment' of the
vacation list, an employee may
trade va cation' rib when, mutu
vaca ion. pe
ally agTee4b_lq wtitteft
notice1as been-,provided to thel t)ep',artment subject to the approval of the
Fire .Chief When considering the operational needs bf'the Department:,
(H) Selection of 'additional vacation days may Ile granted by the Battalion
Chid, if Available,. provided all: members of that shift' have - picked at least
One (1) round of vacation., Employees whose total vacation accrual
has •
been increased due. to a deferral `may b& to se additio al
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vacation days;subj Vi "giofis as outlined in Section 11A.
Yacation - Deferral -
Annually,, at the time of vacation selection, an, employee may elect to defer
accrued vacation up to . - 6d, , feWer than 1'1.3' above. Deferral of
, C MPP(imum A OW
accrued vacation hours 'are siil! it
iectlo the limitations as stated in 11;3 above.
SECTION' fZLE_A SIC'X
Revised language to clarify sick;leave
usage and incorporation of side, letter, Of agreement
.1.2.,3 Slick Leave'Usgj4e—Fai , il.Puiposes,
Sick leave for family purposes may be used only i' the case of
n illness,, disability
or the serious illness, or injury of an employee''s familwhiember,
which requires
the employee's attention. The term ".family member shall, in e: pous
ployee's, cl ud: spous
domestic
, ,paitnet,. children, °Daxents,:spouse's 'parents bfoth6fs, sisters or other
indiv : idua Is w hose relationship to: the empl . %is that of a o I r near
..,
dependent.
`12.6 Sittc Leave - Rate,of Usage
Sick leave
will be charged against! the employee'!'s accrual at - the rate.of an hour for
an hour based on actiial' s ick leave usage,, for ,1he first; day of sick leave • used per
u ; and'illness. "Each successive da
rY y will be. charged'at the rate ofawelve (12)
• hours for the same injury or illness.
Relationshi f
12.9 (i , k Leave - p �s W s' Compensation .:
oW r
A When the emplloyee'' ce from work has been occasioned by °injury
suffered during ,his or'her employment and 'he or °she receives workers'.
compensation he,or,she shall also,be entitled, to, receive from the City the
difference. between such. workers compensation benefits paid' and the:
amount which would otherwise 'have been. p ,aid ;hereunder for sick leave:
Ordinanly, it shall be the policy in workers' compensation matters'that the
employee shall assign to the City any benefitsr rendered him during, the
period that, he or she is absent on sick leave band the City shall pay ihn his
or her .full sick leave benefits.
Sick lea e un pp
'(B) v , d'er workers' compensation =is a. su ,lenient to the workers'
compensation benefits to provide thel employee compensation at his or her
regular rater All employees, receiving full. salaries 'in lieu of temporary
disability payments pursuant to Labor Code Section, 4850' are .entitled -to
accumulate sick.leave duringsueh periods-of disability.
(C) After Labor C'od'e Section 4850 benefits ,are: exhausted 'the following
formula will be. used in utiflizing sick ;leave, as, a supplement to Worker's
Compensation benefits, to provide employee compensation at his or her
regular-rate of-pay
One hundred and twelve point 34112-.3)
- _ _ p hours each.pay period = regular
rate of
- State,D sabilifytPayment
Balance Charged to Sick ;Leave
The balance charged to sick leave will be asi, specified Lin Section 12.6 above. Any
partial shifts less than twenty -'four (24) hours,,but;not;less than twelve (12).hours,
will be charged at a rate of..twelve ( -12) hours, Amy' partial twelve ,(12) hours or,
less 'will' be' charged at- .hour for hour:
SECTION ' LEAVES LEAVE
&evisedjanguage to clarify definition of mmedi'ate family and approval oft
ravel time
13.2 Bereavement-Leave — Definition Of Immediate Family
For the purpose of bereavement leave; immediate family shall mean spouse,
qualified domestic partner, father, father -in -law-, mother, mother4n= law; brother,
sister, brother iri -law or sister , in=law, child (including stepchildren), stepparents,
grandparents and', grandchildren, or ,person with whom the employee has a
relationship iii loco.parentis.
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133 Bereavement. Leave - Travel Time
The Fire Chief' may authorize ad' ditional travel time, if .needed. It is the
responsibility of the employee to notify„ his or her Company Officer :or designated:
•'
represen'tatiye of-.the death of the. familymember-
SECTION 17,-, LEAVES - FAMILY CARE.ANR MEDICAL LEAVE' AND. THE,'.
CALIFORNIA FAMILY RIGHTS; ACT
Revised language to reflect current Taw
17. FMLA,and'or CRFA Leave
'The City will, provide family and medical .care ;leave for eligible :employees:: as
required by City, policy; state and 'federal: law and .specifically provided in the'
Federal Family and Medical Leave Act- , of 1.993 (FMLA) and. the ' Ca'liforn a .
Family Rights Act of 1993 (CRFA)..If possible; employees rnust..provide :thirty
(M) :days advance notice of leave..
1 T ' FIVILA,and or CRFA Second Opinion
Tle employee ahall provide the City with a health care provider certification.
The City, =at City expense; may require a ,second opinion on ifhe validity - of the
certification. Should •a conflict Parise between health ;groviders,. a third and binding
opinion, at City'expense will'be sought:
SECTION 18 LEAVES:-- PREGNANCY DISABILITY'LEAVE
SEC :•
- Revised language to refleet,current law
1.8.1 Pmoancy Disability Leave
The .City will provide pregnanc disability ea
lve PDL' for eli ib'le employees y ees as
q y y policy ,and state 'law, and as specific g p
Y y.
re aired b City eahy provided in the Fair -
, emp ogee must provide thirty (3Q: days, Family Rig
possible hts Act of .1.`993. If
'Employment ' . g iforn
y advance notice , of le"'
' S ..
SECTION 19 DISCRIMINATION, HARASSMENT &
RETALIATION PROHIBITED
Revised language to reflect current" law
Discrimination, harassment and retaliation against any employee for employment because
of an em .l`o yee's race,, religion,, , ;creed
P Y � g , political affiliafioii, color' :national origin,,
ancestry,, ,sex, sexual orientation, gender (or gender identity)', age, familial status,
Veter`an's status, physical, or mental disability-or "medical. condition 'is prohibited: A City
employee -who feels, he or she has' been dscriininated against, harassed, or retaliated:
against needs to report the conduct _immediately to his or -her s ipery sor•or'ao thee Human
Resources Director.
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SECTION 20 - REASONABLE ACCOMMODATION'
Revised language to reflect current law
In accordance with the 'y alifornia 'Fair Employment
easona oI
acc c (F H ) the
r
Americans` with Disabilit , Act ADA) the City will r y y ow
ilit` of l
protected drab y ' ` a.n employee.
SECTION 21 CALIFORNIA PUBLIC EMPLOYEES' ;RETIREMENT SYSTEM .
Updated and,revised language to °reflect current program benefits
Effecfii ,e June 25, 2001, the City provided Fire Safety :members with- the at 50
formula.retirement plan: `The. City's conttact with !CaiPERS includes the following
optional benefits:
m Fourth, Level IY59.,SurvNor's Benefit as provided in Section 21382:5 (May 4 1998).
• militarylService Credit provide in Section 209363 (January 4 1996); .
One -Year Final Compensation as provided Section,,,20024.2 (November 1, 19.8:1).
® Post Retirement SurvivorsoAllowance — ed in 20862 8.0 ( ber 1, 1981).
Credit for Unused Sick Leave as
roved Novern
21263 2,1263:1 and 21`263.3 (Jan y y P cent ('S0. %) `as pro ided b Sections:
lift er
uar , L 19&7).: ,
® Cost of Living All'owance'two 'ercent (2 1 /o) , a provided by Section 21335 (November
The City shall Ca1PERS through continue
414eh r 2 h of portion. of the e
Intern m '
ployees contribution paid to
OO al Revenue - Code pursuant to City of
Petaluma Resolution 90 -363• NC.S'.
SECTION25 — AND WELFARtBENEFIT,PAYMENT
Revised language to provide for continued health plan coverage at'the new Kaiser rates
On January l,. 2005, the City shall provide to the active members of Unit 7 additional
monthly health "and welfare 'payments equal to `the PEMHCA Kaiser North premium
amounts, less one- hundred° ($1.00.00).
SECTION 36 SICK LEAVE TRANSFER
Revised' language clan- fying sick;leave transfer.
36.;1 SickLeaver'Tran f
er .
p y wishing to donate hours of si`cic lease to 'another :em
Em' to " ees ployee may do so
by sending" a wr tteri,:reou&° t, approved by their department' head to the Human
Resources Department naming the individual to receive the sick leave and the
amount donated with the following ,restrictions listed'in 36.2.
362 Sick Leave Transfer, Limitations
e subject to the following limitations'
Sick, �ransfers shall b °� ,
(A) Transfer "fof sick "leave: shall be allowed between all Units.
(B) Traiigfms are for Sick - Leave - .'and not for' retirement. use at retirement.
(C) A. donorriiiist retain a balance dffive,116dred, (5,00) hours at any ti me_
.
(D) Transfer amounts shallhe,limit&d t& the number of actual hours
needed and'used by the receiptaiit,p forty- eight (48) hours.,
Any donated` sick leave -hours unused by 'a recipient;,
shall fie returned to
'the, donor, less 'fort' flight (48) holfff�, *hf6l ma y be yetained by th e
e
recipient.,
(F) The,recipient mifft hd a'zero,balance.
(G)l A recipient m y receive' no more than` one - thousand„ fo t- ndred,, sixty
(I 460) p er Fiscal Year.
"The donation must be for ah injury- iny o1vi nQ physicAl'
or ffienta
or the impairment of a function 'a bodily m ` mental pain.
or
and requiring medical, .,intervention suc h as su
hospitalization, or physical rehabilitation.
3:7.1
37.2
SECTION17 - FIRE INSPECTOR
Revised language to 'incorporate iside fetters. of agree m e Inspector
. pector
Fire Inspector -.Rights,
The Fite.hispbetor shall enjoy All rights -and benefits retained by all th
0 er
personnel. lh Unit l, except ,as
Fire Inspector Work Week
Workweek shall be forty hours., - 's'6hedule,'(15/8,4/1,
determined by"thb Fire,thief
37.5. Fire Inspector - Overtime;
One and one, half (1 - 1 /2) times hourly rate for all hours : over 'the' normally
assigned work day (i.e.. eight (8),4purs per da ; 'ten(10 ) hou`�p:brday.)
rs
3:74 Fife Inspector — Standby P ay_.
(A) After normal af hours (eVenings�, weekends and holidays) availability
for wh - .4 fire inspector is required to respond to ' a fire department
incident (primarily, fire investigation). when, the Fire -Tyfarshall%is not
available.-,
(B) Standby duty' be defined as dircUrnstance
quirin
gthe employ ee
Remain Within -,a,reasondble response time ar ea (not greater than an
approximate, fort-,y= five ,i travel time):
ReEdin from activities'thatmi, her- impair his or h -, pe - _ of
assigned duties- upon call
i
Be avai Uable at all hours by telephone or other ;communication
devices (pager):.
(4), Respond: promptly upcq Tec6iwing 4 call-,outassfgnment:
10
•
(C) d anagement, in'.,writmg, p ` ssignment, shall assign standby
nor to the a
_Y
(D) Fire Inspectors' assigned to standby duty shall P
.be-com ensated , at a.rate' of
three dollars. ($3.00) per hour.
(E) Distribution .of the„ standby assignrnent will' be equally divided (as
practical), between the ,inspectors.
37.5 A), Fire Inspectors may ele ctto .have overtime aid out.,at. the overtime rate
e, Inspector -Corn e .
p �` p n
Y p ,or
(
accruedja compensatory time accrued - 1.5 x the hours worked.
�Com ensaid time ,off shall be' allowed only with, the prior approval of
the Fire -Marshall, subject °to the operational need's` of the City.
(C. Compensatory Time.; Accrual shall 'be limited to a. balance of not more than
forty (40) hours on the books ' af: ,any, one time. Excess hours will be
converted autornatically to pay at the overtime rate.
37.6 ` Fire: Inspector: -Holidays
With respect to holiday pay, the Fire Inspector, shall continue . to utilize existing
practice receive. the holiday off with pay as other forty- (40.) hour employees of
the City)., During the "' Fiscal `Year .th6 City -wilh Authorize one (1) Floating
Holiday per employee,'whicl may taken by;the employee. at a time selected by
the employee 'subject 'to operational . requirements and approval by. the City.
Employees hired between•' July 1 and IDecember 31 will be, eligible for a. Floating -
Holiday, during the course of the Fiscal Year.• Holidays .for 'the Fire,
'Resolution. Holidays shall be, paid at •eight. (8)
shall be determined by. Council
hours per holiday witl any additional hours being, taken from vacation/ leave.of
absence without "'pay;
37 7;' Fire Inspector ~ — Vacation Accrual
Amoun t of
Cori�tinuous
°Service '
Vacati Accru_ al Hours
Per
A 1 ximum Accrual
owed
om hi
From rej,''through 5
;years
80' hours
160 hours
From 6 .through 10`' .
years
120 hours.
240 hours
Through 1'l .years _
128 hours
256 hours
Through.12 years
136 hours n 1.272
hours
Through I'3 years
144 hours
28$ hours
Through ears
g y
1 "52' hours
304 hours
Through'15 years
160 hours
320 hours
11
1. 37.8' Fire =In Ins spector — Vacation Deferral
F p y ;.l vacati'oii leave with'the approval of the Fire
The ector mma , defer annua
Chief to a;maximum of two (2) years accrual
37.,9 Fire Inspector _'Sick Leave
Accrual b'Peight hours per month with, unlimited accumulation
37. 10 Fire.lnspec "tor°=- Rat& ofUsa '
. a
Each day shall be charged aga nstlhe employee's 'sick leave: at the rate of "the
workday or less,. if actual sick- leave : usage' i's' less.
SECTION `38 = ;1VIAINTENANCIJ OF C_Ekv_ I ICATIONS/ LICENSES
'Rearrangement of'language
Employees shall ass requir ume responsibility for maintaining 'validation of the_certi-the,
a d by their job classification.. Including EMT„ Paramedic and Glass B Cominercial
or Cl
a ss B Firefighter Exempt licenses:
APPENDIX B,
Survey Jurisdictions
Incorporation ,of this side. letter into MOLD as�.ari appendix,
City of Pe'taluma
Firefighters - Unit `7
and the
The Cit Firefi hters
y g,` Association agree th the `following jurisdict'ons •
will be used•in "total - compensation surveys•;
City of :San Rafael
NbYato Fire, Protection District
City of Santa,R;osa,
City of Napa
City of'Vallej0
Through,`16 years
168' hours
33.6 hours
Through,
1,7.6 hours,
3'52' hours:
Through .18 years.
1,84 hour "s
368 hours
Through. X1'9 years
192, hours
3 84 hours
Through 20 years;
200' hours
+ 400 .hours -
•
•
1Z
of The this ogf aUnd'erstandin const o become effe piavnee u and. recommendation
Understanding up acceptance and
•
approval. ofthe City Council.
INTERNATIONAL ASSOCIATION OF FIRE, FIGHTERS
LOCH 415, PETA
Dan pperson C Date
President I ,.A.F,F. Local 14'15
Rick King Date
"ating Committee, I.A.F:F Local 1415
1 6 z 51 0
David Kahn Date
Negotiating Committee, I.A.FF,. Local 1415
CITY OF PETALUIYIA
Pamala Robbins Date
Interim Human Resources Manager
d Cumin Date
ire Battalion 'Chief
. 1�
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