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HomeMy WebLinkAboutResolution 95-162 06/30/1995Resolution No. 9~~~ N.C.S. of the City of Petaluma, C~fifornia RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY OF PETALUMA AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1415 FOR EMPLOYEES IN UNIT 7 (FIRE) 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 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 Fire Fighters, Local 1415 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. 5374 N.C.S.) is required and empowered to make a recommendation to the City Council on matters related to employees' compensation, and WHF.RF.A$~ the City Manager has reviewed and concurs with said Memorandum of Understanding for Unit 7 and does recommend that the City Council ratify said Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED that said Memorandum of Understanding, being in the .best interest of the City, is ratified and the terms and conditions of said memorandum of Understanding (as attached) shall be effective July 3, 1995, until June 30, 1997 and from year to year thereafter unless written notice is given by one party to the Agreement as set forth in Section 3, Paragraph 2. Under the power and authority conferred upon this Council by the Charter of said City. NCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to ..- Council of the City of Petaluma at a ($~iS3fx}(7S7d (Special) meeting /-~- fo on the .....3D.Lh..------.. day of -.---.._..........June ................................ Is..95., by the' following vote: ............. .: .. It Attorn AYES: Maguire, Barlas, Stompe, Hamilton, Mayor Hilligoss NOES: None ABSENT: Shea, Uicer mad ATTEST: ...~_.......o~~ ~.L....~~~ ............... .. /.Ci!/.! .. ... _' ..~Cf•4LLL. a.-.:. Co~mcil File..._ ............................... - cw loss aes. Na__._9.5.-16.2.... m.cs. UNIT 7 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1415, PETALUMA CITY OF PETALUNA MLt40RANDIIM OF UNDERSTANDING FISCAL YEAR 1995 - 1997 ~eso. qs-i~a Ncs TABLE OF CONTENTS PREAMBLE Section Section Section Section Section 1. 2 3 4 5 GENERAL Term of Agreement Union Business Work Week Light Duty Minimum Staffing Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section section 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26. Section 27 Section 28 Section 29 Section 30 Section 31 Section 32 Section 33 Section 34 Section 35 Section 36 Section 37 Section 38 Section 39 Section 40 COMPENSATION Salary Overtime Out Of Grade Pay Retirement Retirement Conversion Uniform Allowance Holiday Pay Vacation, Payment At Termination Sick Leave Usage And Payment At Retirement Education Incentive Deferred Compensation Class B Drivers License INSURANCE Health Insurance Retiree Disability Medical Payments Retiree Medical Payments Dental Insurance Life Insurance Long-Term Disability Insurance Vision Insurance Personal Exposure Reporting Other Health and Welfare Benefits LEAVES Vacation Sick Leave Sick Leave Transfer Bereavement Leave Military Leave Leave Of Absence Without Pay Jury Leave Shift Trade OTHER Firefighter II Certificate Grievance Procedure Firefighter Openings Promotional Testing and ,lob Classifications Paramedic Liaison Safety Committee Reno, q5-i~a~cs Section 41 Layoff Procedure Section 42 Fire Inspector Section 43 Savings Clause Section 44 Complete Agreement 3 PREAMBLE This document represents the final and complete agreement resulting from Meet and Confer sessions between the City of Petaluma and International Association of Fire Fighters, Local No. 1415 (Petaluma) Unit 7. This Document supersedes all prior Memoranda of Understanding. Representatives of the City and Unit 7 acknowledge that they have fulfilled their mutual and respective obligations. to Meet and Confer under the Meyers-Milias-Brown Act. As a result, the parties have come to a mutual understanding which the representatives of the City and Unit 7, who have 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 constituting mutual acceptance and recommendation of this Memorandum of Understanding to become effective July 3, 1995, upon acceptance and approval of the City Council. GENERAL SECTION 1 TF.R}j OF AGREEMENT This Memorandum of Understanding shall be for a two (2) year term for the period commencing July 3, 1995. The parties will commence meeting and conferring for a subsequent Memorandum of Understanding, not later than the end of April, 1997 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. SECTION 2 IIN'~ON BUSINESS City employees who are official representatives or unit representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings in which matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of the City services as determined by City Management. The employee organization may select not more than two on duty employee members of such organization to attend such scheduled meetings with the City for the above listed purposes. f~eso • 9 5- I In a- N C S 4 SECTION 3 WORK ER A. Duty Shifts: 1. The fire on-duty 7 day work week shall be the average of 56 hours per work week for the following classifications: Firefighter, Firefighter/Paramedic, Fire Engineer, and Fire Captain. 2. The work week shall consist of duty shifts that are regularly assigned and scheduled. 3. A shift is defined as: a continuous 24 hour period commencing at 08.:00 and ending at 08:00 the following day. 4. A schedule is defined as three (3) duty shifts assigned in a nine-day cycle. It is further defined by the following example: X = ON DUTY SHIFT 0 = OFF DUTY SHIFT For example: X O X O X 0 0 0 0 B. Classifications listed on A 1. may be temporarily reassigned up to six months to a 40 hour workweek depending on the needs of the service., if mutually agreed upon between the employee and the Fire Administration. C. The FLSA work period shall be a twenty-eight (28) day period. SECTION 4 LIGHT DUTY A. The Fire Chief may assign an employee to light duty due to the health or disability of an employee. The Fire Chief will determine whether the light duty assignment is on a 40 hour work. week or a 56 hour work week-~ The Fire Chief shall not assign an employee to light duty unless a physician has released the employee to Light Duty Work. B. A shift employee assigned to a 40 hour work week light duty assignment shall continue to receive the same benefits he/she received as a 56 hour employee except as set forth herein. Holiday pay will be governed by C below. The employee will not receive FLSA over-max payments for a 56 hour schedule except as provided by D below. If a member of the Bargaining Unit can show that a hardship exists, the employee shall perform light duty on his/her current 56 hour cycle and not at a 40 hour work week. 5 C. Shift employees assigned to a forty hour light duty work week shall receive the holiday(s) off and still retain holiday pay. D. If a shift employee assigned to a 40 hour work week light duty assignment goes out on disability retirement during the year he was assigned to a 40 hour work week, the City will .provide the employee with FLSA over-max payments missed, due to the 40 hour work week, so that the employee's final year compensation will not be impacted. This payment will be reported to PERS so that the employee's retirement compensation will not be impacted by the missed FLSA over-max payments. SECTION 5 MINIMIIM STAFFING Fire Department Suppression staffing shall be fourteen (14) persons per shift in addition to the Battalion Chief. The City shall cease tandem engine/rescue operations, and restore the three (3) person engine companies, as it existed prior to the implementation of the second ambulance at Station 3. COMPENSATION SECTION 6 SALARY The hourly rates of employees in this Unit, noted below in the various steps, shall be as follows: (i.e., 56.15 X 52 = 2920 hours per year). Effective July 3. 1995 I II III IV V Fire Captain $16.91 $17.76 $18.65 $19.57 20.55 Firefighter/Paramedic 15.36 16.13 16.93' 17.78 18.68 Fire Engineer 15.16 15.92 16.72 17.55 18.43 Firefighter 13.96 14.67 15.39 16.17 16.97 The hourly rates of employees in this Unit noted below in the various steps shall be as follows: (i.e. 40 X 52 = 2080 hours per year). I II III IV V Fire Inspector $20.59 $21.62 $22.71 $23.84 $25.03 Effective January 1 1996 there will be a 2% adj ustment in salary. Effective September 9 1996 The City will update the existing survey to determine the mean in effect on August 1, 1996. The mean shall consist of the following items: Wages; Retirement PERS Contributions; Health, Dental, and Vision Contributions; EMT Pay; and Educational Incentives which are paid on a monthly basis for various certificates or degrees, with monthly totals compared. The mean percentage generated from the survey shall be the basis for changing the above hourly rates, at 50~ of the mean, to be effective the beginning of the first Reno , q 5 -~ coa Nc.s 6 full pay period in September and. 50% of the mean effective the first full pay period of January 1997. (As an example: if the increase is 5%, at $20.00, the formula is as follows: $20.00 X 1.025 = $20.50 - $20.50 X 1.025 = $21.01). SECTION 7 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 City Manager, whose determination is final. All requirements and any procedures relating to overtime as outlined below shall be as determined and administered by the City. A. General Ove*+ime (Shift Personnel) 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. Voluntary Resoonse Employees who voluntarily respond to their Duty Station during their off-duty hours and who are directed by the responsible authority on the scene to commence work shall be paid for time so worked at the overtime rate. No minimum hours shall be applicable to such work. C. Fire Recarn and Special 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 the hourly rate. However, in no case will they be paid less than two hours when called. Further, when the complete recall exceeds two hours, but does not. extend beyond ten minutes past the second. hour, the overtime will be for two hours. When a recall exceeds two hours and fifteen minutes, the overtime will be to the nearest half .hour (example, two and one-half hours). D. Shift Cont~*+uat'on If a member of this unit is requested to continue on duty after the end of a normal 24-hour shift and works in excess of 10 minutes, he shall be paid time and ohe- half at the hourly rate for all hours worked.. Further, when a completed overtime exceeds 10 minutes within the first hour, but does not extend beyond one hour, the overtime shall be for one hour. Beginning with the second hour overtime shall be paid to the nearest one-half hour. E. Mandated Certification Trainin All Fire Department personnel in this unit shall be compensated at time and one-half of the employees hourly rate for all off duty time required to maintain department. mandated certifications. The Department shall ,pay for books and tuition required by courses to maintain Department mandated certifications. SECTION 8 OUT OF GRADE PAY All members of the Union will be paid 7.5% out of grade pay when assigned by the Duty Officer or Fire Chief. SECTION 9 RETIREMENT The City will provide the 2% at 50 Retirement Plan without changing the current benefits which include the following: ¶ 1959 Survivor's Credit (level 3 - Section 21382.4) effective upon contract amendment ($2.00 contribution paid by employee) ~ Military Service Credit as Public Service (Section 20930.3), effective upon contract amendment -~ One-Year Final Compensation (Section 20024.2) ~ Credit for Unused Sick Leave (Section 20862.8) and ¶ Post Retirement Survivors Allowance (Sections 21263, 21263.1 and 21263.3). SECTION 10 RETIREMEN CONVERSION. The percentage of each employee's PERS contribution previously paid by the City prior to the adoption of the MOU as the Employer Payment of Member Contribution (EPMC) shall instead be paid to the employee, who shall then pay that amount to PERS. For purposes of withholding, the City shall defer that portion of the employees' contribution paid to PERS through section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution 90-363. Therefore, for calculation of base salary at retirement, the employee shall now have an increased base salary that will include the total amount of the employee's contribution to PERS previously paid as EPMC. The employee contribution will be withheld from the employees' pay by the City, and the City will make the employee's payment of the employee contribution directly to PERS on behalf of the employee. The employee may not make an election to take this amount in salary and/or to make the payment to PERS. The tax exemption does not apply to FICA/social security. The following is an example of the application of IRC 414(h)(2) as applied to a sworn public safety employee. Rem. Q 5-1 (Da CGS 8 A firefighter makes $3,000 per month base salary. Under the prior contract, the firefighter was not responsible for paying any portion. of the required 9% employee contribution. The City was responsible for paying 9% ($270.00), which was a City responsibility that was in addition to the $3,000 base salary paid to the firefighter. Under the 414(h)(2.) method, the EPMC will revert to salary, and the base salary will be $3,270..00. Of this, 9% (approximately $294..00) will be paid to PERS from the $3,270. The full 9% will be tax exempt and this means. the firefighter will pay taxes on $2,975. SECTION 11 UNIFORM ALLOWANCE The Uniform/Clothing Allowance, in the amount of $500.00, shall be paid in each Fiscal Year in the first full pay period in September. The uniform allowance shall be paid on a separate check from the payroll check.. Employees hired after the first pay period in September shall be paid the full allowance on .a separate paycheck no later than the second pay period after their date of hire. An employee who terminates from City service or is released from City service shall only receive a pro rata annual amount. An employee who so separates from City service after any payment has been made shall return that portion. of the allowance determined by the last day in City service and the end of the fiscal year.. Any employee on leave of absence without. pay in excess of thirty (30) calendar days shall receive a pro rata amount for the fiscal. year. SECTION 12 KOLrDAY PAY The holidays for the calendar year shall be the total of twelve (12) as set forth below. 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 12.00 hours equals holiday pay per holiday New Year's Day - January 1st Martin Luther King Jr. Birthday - Third Monday of January President's Day - Third Monday of February Memorial Day - Last Monday of May Independence Day - July 4th Labor Day - First Monday of September Columbus Day - Second Monday of October Veterans Day - November 11th Thanksgiving Day - 4th Thursday of November Day after Thanksgiving Christmas Eve - December 24th Christmas Day - December 25th 9 SECTION 13 VACATION PAYMENT AT RETIREMENT Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination not to exceed two (2) years accumulation. A. When an employee who is on disability becomes permanent and stationary and eligible to be retired by the City, the City will allow the employee to use sick leave, if any, up to the end of the FLSA work period following the period in which the receipt of notification for permanent and stationary is received. B. In the event of retirement, an employee who has completed five (5) years or more with the City shall receive fifty percent (50%) of his accumulated but unused sick leave but not to exceed 720 hours. For those individuals who are being retired on a disability retirement, the employee shall receive fifty percent (50s) of his accumulated but unused sick leave but not to exceed 1000 hours. SECTION 15 EDUCATIONAL INCENTIVE Educational Incentive Pay is provided for qualified employees in the classifications and amounts listed below. Firefighter, Fire Engineer, Firefighter/Paramedic, Fire Captain and Fire Inspector. Education Achievement Incentive Pav Fire Officer Certification .$50.00 per month (X 12 / 26) Fire Prevention Certification $50.00 per month (X 12 / 26) Those. eligible for the Fire Prevention Certification must be assigned to the Fire Marshal's Office on a permanent basis. SECTION 16 DRFERR D COMP NSATTON The City of Petaluma shall make available to the members of this Unit the City's Deferred Compensation Plan. SECTION i7 C ASS B DRIVERS LICENC The City will reimburse an employee required. to maintain a Class B Drivers Licence for that portion of the cost of the Class B Licence renewal fee. i~e.so. ~S-I~a. NCS io INSURANCE SECTION 18 HEALTH INSURANCE The City shall provide the Public Employees Medical Health Care Act (PEMCHA) for members of Unit 7. The premium paid by the City toward this program shall be in the amount of $100. per month per employee. An employee, who retires on disability with less~~thanyl5 years of service as a member of this Unit, will be eligible for $95.00 per month for eighteen (18) months beginning on the retirement date. The amount will decrease in the :amount of $5.00 per year to $0.00 if the retired employee continues in the PEMCHA health plan as a retiree. Should the retired employee not cohtnue in the PEMCHA Plan, he/she will be eligible for the full $l00 for the eighteen month period. It is the responsibility of the retiree to notify the City in writing that PEMCHA has not been chosen and the retiree is requesting-the full $100 payment.. The City will begin the payment on the month following receipt of the notification. This benefit is in addition to any other benefits to which the employee is entitled under Government Code Section 22857. An employee, who retires on disability with 15 years or more of service as a member of this Unit, will be eligible for retiree's medical payments as described in Section 19. SECTION 20 RETIREE MEDICAL Pp~VMFNTg An employee, with twenty (20) years of service and who is age 50 or older and who retires on a service retirement during the term of this agreement, will be eligible for $95.00 per month beginning on the retirement date. The amount will decrease in the amount of $5.00 per year to $0.00 if the retired employee continues in the PEMCHA health plan as a retiree. Should the retired employee not contihue in the PEMCHA Plan, he/she will be eligible for the full $100. It is the responsibility of the retiree to notify the City in writing that PEMCHA has not been chosen and the retiree is requesting the full $100 payment. The City will begin the payment on the month following receipt of the notification. This benefit is in addition to any other benefits to which the employee is entitled under Government Code Section 22857. SECTION 21 DENTaI n~TGrtna~t~ The City shall provide for a group dental insurance program for City employees ,and dependents in this Unit. The City ii shall contribute toward an Orthodonture plan at a 50o co- payment rate up to $1,000 per child. The City shall pay, during the period of this memorandum, the insurance premium in the amount of $74.00 per employee, per month. The City shall bear the cost of any premium increases during the period covered by this Memorandum of Understanding. SECTION 22 LIFE INSURANCE The 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 $25,000 per employee. SECTION 23 LANG TERM DISABILITY INSURANCE A. The City shall pay during the period of this memorandum, the amount of $12.00 per month, per employee. This amount shall not exceed, however, the total cost of the premium for the long-term disability insurance plan. B. Tv'hen a member of the Association is on Long Term Disability Leave, no sick leave shall be deducted from the member's leave balance, pursuant to the language of the International Firefighters' Association LTD plan. SECTION 24 VISION INSURANCE For the period of this memorandum the City shall provide and pay the cost of a Vision Care Plan for employees and their dependents. SECTION 25 PERSONAL EXPOSURE REPORTING The City shall pay during the period of this memorandum, the amount of.$20.00 per person per year toward the Personal Exposure Reporting System. Copies of exposure reports to be provided to the Personnel Department by the employee. Employee names shall be eliminated so that no identification is shown. Section 26 Other Health and Welf re Pavmen The City shall provide to the active members of Unit 7 additional monthly health and welfare payments equal the PEMCHA Health Plan of the Redwoods premium amounts less $100. Reno, a s -Il~'a-.. Ncs 12 LEAVES SECTION 27 VACATION A. Eli ibil-it The times. during the. calendar year in which as employee may take his vacation shall 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 than an employee cannot take part or all of his annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. The maximum number of suppression personnel eligible to be on vacation at any given time shall be one (1) per shift. New Employees New employees shall be allowed to use their accumulated vacation prior to December 31, for vacation in the succeeding calendar year. B. Accrual Firefighters vacation shall be computed as follows: Amount of Continuous Service Vacation After completion of twelve months 5 shifts/year After completion of five years 7 shifts/year After completion of ten years 9 shifts/year After completion of fifteen years 10 shifts/year After completion of twenty years 11 shifts/year C. Deferral No employee may carry over vacation from one year to the next unless such carry-over is specifically approved in writing by the head of the department. Any eligible employee with consent of the head of his/her department and the Personnel Office may defer two (2) shifts of his annual vacation to th e succeeding calendar year, subject to the other provisions of this rule. Any vacation which has not been used and which the employee. is not permitted to carry over to the next year shall be paid in cash. SECTION 28 SICR LEAVE A. General Sick leave with pay shall be granted to all Fire Department employees as set forth in this section. Sick leave is not a right which an employee may use at his discretion., but rather, shall be used only in case of personal illness, disability or the serious illness, 13 or injury of an employee's the employee's attention. include: spouse, children, brothers, sisters or other relationship to the employ near dependent. B. Accrual family member which requires The term family member shall parents, spouse's parents, individuals whose 'e is that of a dependent or Sick leave for the Fire 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 notify his immediate supervisor or any other person designated by the Fire Chief prior to the time set for the start of his shift. After a three shifts duration, the employee may be required by the.Fire Chief to submit a physician's certificate stating the cause of the absence. D. Rate of Usaoe Sick leave will be charged against the employee's accrual at the rate of 12 hours or less, based on actual sick leave usage. Each successive shift will be charged at the rate of 12 hours. E. Lioht Duty Sick Leave 1. Lioht Duty Sick Leave - Non Duty Injury An employee shall be charged sick leave for doctor appointments, physical therapy, etc. If the employee has no sick leave or vacation accrued, then he/she will be on leave without pay. 2. Lioht Duty Sick Leave - Wo k Related Injury An employee on light duty as a result of an on- duty injury, shall be allowed to attend doctors' appointments, physical therapy, etc. without being charged sick leave. F. Relationship to Workers' Compensation When the employee's absence from work has been occasioned by injury suffered during his employment and he/she receives workers' compensation, he/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 paid hereunder for sick leave. Ordinarily, it shall be the policy in workers' compensation matters that the . employee shall assign to the City any benefits rendered him/her during the period that he/she is absent on sick leave and the City shall pay him/her his full sick Reno. q5-I(o~ tJGS 14 leave benefits. Sick leave under workers' compensation is a supplement to the workers' compensation benefits to provide the employee compensation at his regular rate. All employees receiving full salaries in lieu of temporary disability payments pursuant to Section 4850 Labor Code are entitled to accumulate sick leave during such periods of disability. SECTION 29 SICK LEAVE aNSFER Any bargaining unit employee of this unit may transfer some of his/her accrued sick leave to another bargaining unit employee of this unit for use as sick leave by the receiving employee. Such transfer shall be accomplished by a memo from the transferring employee to the Fire Chief for forwarding to the Personnel Office, setting forth the name of the receiving employee and the number of hours being transferred. All such transfers are irrevocable. In order to be eligible to receive a transfer of sick leave the receiving employee must have zero (0) hours of accrued sick leave. SECTION 30 'BEREAVEMENT LEAVE Leaves up to three shifts .with ,pay per fiscal grarLted to employees in the event of death in immediate family.. The immediate .family shall spouse, children, parents, brothers, sisters, or other individual whose relationship to the that of a legal dependent. year may be the employee's consist of the grandparents, employee is Two shifts with pay per fiscal year may be granted to .employees. in the. event of death for relationships consisting of father-in-law, mother-in-law, brother-in-law or sister- in-law. The Department Head may authorize additional travel time, if needed. The Fire Inspector will receive days instead of shifts pursuant to this section. SECTION 3T Mirr Ry rEA Military leave sha1.T be arranged in accordance with the provisions of State law. All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. SECTION 32 LEAVE OF ABSENCE W 'T'ROUT PAY The City Manager may grant a regular or probationary employee (3) months leave of absence without pay. Good 15 ' cause being shown by a written request, the City Manager may extend the leave of absence without pay for an additional period not to exceed six (6) months. No such leave shall be granted except 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 to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. SECTION 33 JURY DUTY Every employee who is required to serve as a juror shall be entitled to absent him/herself from his duties with the City during the time he/she 'is actually required to be present in court as the result of the jury duty. The employee shall refund the City any difference between his regular salary and any payment for jury service received by him/her (except travel pay). Employees shall make such refund within one pay period after receiving the money. If the employee fails to make the refund within one pay period, the City may deduct the appropriate amount from the employee's next paycheck. The employee will present the City with proof of amount received at the time he/she makes the refund. SECTION 34 SHIFT TRADE Each member of this unit shall be eligible for twenty (20) shift trades per year. If trade maximums are not utilized they shall not be carried over to succeeding years. In no circumstances is any employee entitled. to more than 20 trades in a given year. The Battalion Chief may deny a trade if the particular trade would have a negative impact upon the employee's training. If manning is above the minimum required by this Memorandum of Understanding, a member of the Unit shall not be allowed to trade with him/herself for a duty slot in the future. All trades are the responsibility of the individuals involved and shall cause no increased costs for the City. Any dispute arising out of such trades shall be resolved by the individuals. SECTION 35 FIRFFIGH'~'ER II CERTIFICATE The Fire Fighter II Certificate shall be effective when the candidate has successfully completed the requirements as set forth by the State Fire Marshal's Office only, which will then be signed by the Fire Department's Training Officer. ~~,~, 9 5 -~ c~a Ncs 16 . SECTION 36 GRIEVANCE PROCEDURE A. Purpose of Rule 1. 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 reasonable effort has failed to resolve them through 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. B. Matters Subiect to Grievance Procedure A grievance is a dispute over the interpretation, application or enforcement of the express terms. of the MOU. All grievances shall be submitted in writing on the form attached to the MOU as Appendix 1. The City is not required to meet with any employee over a grievance unless the grievance is submitted in writing on the appropriate grievance form. C. Informal Grievance Procedure An employee who has a problem or complaint should first try to get it settled through discussion with his Battalion Chief without undue delay. If, after this discussion, he does not believe the problem has been satisfactorily resolved, he shall have the right to discuss it with the Fire Chief.. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee is not in agreement with the decision reached by discussion with the Fire Chief, he shall then have the right to file a formal appeal in writing within ten (10) calendar days. D. Formal Grievance P ~cedure 1. First ieve~ of rev'ew• The appeal shall be presented in writing to. the employee's Battalion Chief, who shall render his decision and, comments in writing and return them to the employee within ten (10) calendar days after receiving the appeal. If the employee does not agree with his Battalion Chief's decision, or if no answer has been received within ten (10) calendar days,. the employee may present the appeal in writing to the 17 Fire Chief. Failure of the employee to take further action within ten (10) calendar days 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. Department Review• The department head receiving the appeal of his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The department head shall render his decision and comments in writing, and return them to the employee within ten (l0) calendar days after receiving the appeal. If the employee does not agree with the decision reached, or if no answer has been received within ten (10) calendar days after receipt of the decision or within a total of fifteen (15) calendar days if no decision is rendered, will constitute a dropping of the appeal. 3. 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 persons. The City Manager may designate a fact finding committee, officer not in the normal line of supervision, or .Personnel Board to advise him/her concerning the appeal. The City Manager shall render a decision in writing to the employee within twenty (20) calendar days after receiving the appeal. Arbitration- 4. If the grievance involves a dispute over the interpretation, application or enforcement of the express terms of the MOU or a disciplinary action of termination outside probation, demotion, or suspension without pay beyond one work day, and if either the Union or the employee is dissatisfied with the decision of the City Manager, either the Union or the employee may., within 14 calendar days of receipt of the decision; require that the grievance be"submitted to an impartial arbitrator who shall be selected by mutual agreement or, of such agreement is not reached, by alternately striking names from a list of five (5) arbitrators submitted by the State of California Conciliation Service, with the first party to strike to be determined by lot. The fees and expenses of the arbitrator and of the court reporter, of any, shall be shared equally by i~eso. 9S-Iloa ti1CS 18 the City and by the party requesting arbitration (ie., the employee or the Union). The party requesting arbitration (ie., the employee or the Union) and the City shall bear the costs of its own presentation, including preparation and post- hearing briefs, of any, and the costs of its representative. The decision of the Arbitrator shall be final and binding on all parties. 5. Conduct of Grievance Procedure a, The time limits specified above may be extended to a definite date by mutual agreement of the employee .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 -level of review. c. The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate department head in conferring about and presenting the appeal. d. The employees shall be assured freedom from reprisal for using the grievance procedures. Every available Firefighter opening shall be made available to current Firefighter/Paramedics according to Department seniority. The Fire Chief shall retain the discretion to use factors other than seniority in exceptional circumstances, such as, "paramedic Burnout". To the extent required by the MeyersrMilias-Brown A t, the City will meet and confer with Association representatives over changes in job classifications or promotional testing. Disputes regarding whether the City is required to meet and confer over a particular topic shall be subject to the grievance process set forth in the MOU. For positions to which members of Unit 7 could promote, promotion process"information will be available in the Personnel Department Office at the time of posting. Information will include applications, minimum qualifications, study material reference. information, if appropriate, and information on. passing scores. Any changes in an established testing process must be submitted in 19 writing to the Union for review and input no fewer than sixty (60) days prior to the beginning of the process. SECTION 39 PARAMEDIC LIAISON The Paramedic shall select one Paramedic per shift for a voluntary assignment as the Paramedic Liaison with the Department. There shall be no cost to the City resulting from this assignment. SECTION 40 SAFETY COMMITTEE The Union shall appoint one member to the Departmental Safety Committee. SECTION 47 LAYOFF PROCEDURE Sec. 1 Notification: Employees to be laid off shall be given, whenever possible, at least 14 calendar days prior notice. Sec. 2 Vacancy and Demotion: Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower classification for which the employee who is the latest to be laid off in accordance with Section 6 is qualified. All persons so demoted shall have their names placed on the re- employment list. Sec. 3 Employee Rights: An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in 1) a lower classification in the same classification series or in 2) a lower classification in which the affected employee once had regular status. For the purpose of this section and Section 5, seniority includes all periods of full-time service within the City of Petaluma Fire Service at or above the classification level where the layoff is to occur. Sec. 4 Seniori~: In order to retreat to a former or lower classification, an employee must have more seniority than at least one of the incumbents in the retreat classification, be qualified to hold the retreat classification or have served in the retreat classification prior to the layoff and request displacement action in writing to the R~.Sa, ~s-~~~. Nis zo Personnel Officer within (5) working days of receipt of notice of layoff. Employees within each category shall be laid off in reverse order of seniority within the classification series. Seniority for the retreat classification would be the combination of time served at or above the layoff classification and any prior time served in the retreat classification. Ties will be broken based on seniority of total City service Employees retreating to a lower or similar classification shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that 'received in the classification from which the employee was laid off. Employees retreating to a-lower or similar classification shall serve a probationary period in the new classification unless they `have previously successfully completed a probationary period in the retreat classification or a higher classification in the series. Sec. 5 Em o ent Status: In each classification of position within the competitive service, employees shall be laid. off. according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority. Sec. 6 Re-employment Listh The names of persons laid off or demoted in accordance with these rules shall be entered upon a re-employment list. Lists from different departments or at different times for. the same classification of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower classification of position before certification is made. from an eligible list. Sec. 7 Auration of ge_~p?~vment r;st Names of persons laid off shall be carried on a re-employment list for two years, except that persons appointed to regular positions of the same level as that which .laid off, shall, upon such appointment, be dropped. from the list. Persons 21 ' who refuse re-employment shall be dropped from the list. Persons re-employed in a lower classification, or on a temporary basis, shall be continued an the list for the higher position for two years. Employees in Public Safety classifications shall be subject to all appropriate regular medical testing in order to determine fitness .for duty. Any such testing will be in accordance with the American with Disabilities Act. No employee who was physically qualified for employment at time of layoff shall be denied employment subject to successful regular medical fitness for duty testing under this section. SECTION 42 FTUF INSPECTOR The Fire Inspector shall enjoy all rights and benefits retained by all other personnel in Unit 7, except as differentiated hereunder: Work Week Work week shall be .forty (40) hours during the same hours as other forty (40) hour City employees. Overtime One and one half times hourly rate for all hours over eight (8) hours per day Holidavs With respect to holiday pay, the Fire Inspector shall continue to utilize existing practice (receive the holiday off. with pay as other forty hour employees of the City. During the Fiscal Year the City will Authorize one (1) Floating Holiday per employee, which may be taken by the employee at a time selected by the employee, subject to operational requirements and approval determined by the City. Employees hired between July 1, and December 31, will be eligible for a Floating Holiday during the course of the Fiscal Year. Holidays for the Fire Inspector shall be determined by Council Resolution. Vacation Amount of Service Vacation One to five years Two weeks Six to ten. years Three weeks After ten years One additional day for each year of service to a maximum of five weeks Reso. X15- IleatJGS zz The Fire Inspector may defer five (5) days annual vacation leave per year with the approval of the Fire Chief to a maximum of two years accrual.. Sick Leave Accrual of eight (8) hours per month with unlimited accumulation. Rate of Usaae Each day ,shall be charged against the employee's sick leave at the rate of eight (8) hours or less, if actual sick leave usage is less. SECTION 43 SAVINGS CLAIISE Should any part of this Memorandum be rendered or declared. illegal or invalid by legislation, decree of a court of competent .jurisdiction or other established .governmental administrative tribunal or board, such invalidation shall not affect the .remaining portions of the Memorandum. SECTION 44 COMPLETE AGR EMENT The parties agree that they have met and conferred fully with respect to all meet and confer subjects and have settled all matters as set forth in this Memorandum of Understanding. The parties further agree that the MOU represents the. complete agreement between them. POSTSCRIPT The parties affix their signatures as constituting .mutual acceptance and recommendatioh of this .Memorandum of Understanding. to become effective July 3, 1995 upon acceptance and approval of the City Council. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1415, PETALIIMA ~~c~a.f~ ~ ~. 9~ CITY OF PETALU)MA