HomeMy WebLinkAboutResolution 94-168 07/05/1994Resolution No. 94-1G8_ N.C.S.
1 of tl~l~ City of Pf'taluma, California
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3
4 RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
5 EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE
6 CITY OF PETALUMA AND THE
7 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1415
8 FOR EMPLOYEES IN UNIT 7 (FIRE)
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10
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12 WHEREAS, The City, through its duly authorized
13 representatives, and the International Association of Fire
14 Fighters, Local 1415 through its duly authorized representatives,
15 .have concluded their mutual obligation to meet and confer in good
16 faith with respect to terms and conditions of the Meyers-Milias-
17 Brown Act and the City's Employer-Employee Relations Rules and
18 Regulations (Resolution No. 5512 N.C.S.); and
19
20 WHEREAS, the duly authorized representatives of the
21 City and the International Association of Fire Fighters, Local
22 1415 have executed a Memorandum of Understanding pursuant to
23 Section 15, Resolution No. 5512 N.C.S. and recommend its approval
24 by the City Council; and,
25
26 WHEREAS THE CITY MANAGER, pursuant to Section 28, City
27 of Petaluma City Charter, and as the City's Municipal Employees'
28 Relations Officer (Resolution No. 5374 N.C.S,) is required and
29 empowered to make a recommendation to the City Council on matters
30 related to employees' compensation, and
31
32 WHEREAS, the City Manager has reviewed and concurs with
33 said Memorandum of Understanding for Unit 7 and does recommend
34 that the City Council ratify said Memorandum of Understanding.
35
36 NOW, THEREFORE, BE IT RESOLVED that said Memorandum of
37 Understanding, being in the best interest of the City, is
38 ratified and the terms and conditions of said memorandum of
39 Understanding (as attached) shall be effective July 4, 1994,
40 until June 30, and from year to year thereafter unless written
41 notice is given by one party to the Agreement as set forth in
42 Section 3, Paragraph 2.
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4 4 Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ~..,~ ed as to
Council of the City of Petaluma at a (Regular)~gial) meetifig,/~~ fo
on the at~•---• ............. day of ...-•-•J-t1~~..........................................., 19,)x.._., by~ the
following vote:
City At rney
AYES: Parkerson, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT:Hamilton, Ba
ATTEST:
City Clerk
Cbtmcil File ....................................
CA 10-85 Res. Na~.....~/.1.-.1~'~.8...... N.C.S
UNIT 7
INTERNATIONAL A$SOCIATIOPd:OF FIRE FIGHTERS,
LOCAL 1415 , PETALUI~IA
CITY OF PETALUNA
N~+TORANDUM OF UNDERSTAPdDING
FISCAL YEAR 19.94 - 19.95
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TABLE OF CONTENTS
PREAMBLE.
GENERAL
Section 1 Term of .Agreement
Section 2 Union Business
Section 3 Work Week
Section 4 Light Duty
Section 5' Minimum Manning
COMPENSATION
Section 6 Salary
Section 7 Overtime
Section 8 Out Of: Grade Pay
Section 9 Retirement
Section 1A Retirement Conversion
Section 11 Uniform Al owance
Section 12 Holiday Pray
Section 13 Vacation, Payment At Termination
Section 14 Sick'Lea~e Usage Arid Payment At Retirement
Section 15 Education: Incentive
Section 1.6 Deferred` Compensation
Section 17 Class B Drivers License
INSURANCE
Section 18 Health Insurance
Section 19 Retiree.D.sab,litp Medical Payments
Section 20 Retiree Medical Payments
Section. 21 Dental Insurance
Section 22. Life Insurance
Section 23 Long-Ter-m Di "ability Insurance
Se¢t;on 2.4 Vision Insurance
Section 25 Persohal.Exposure Reporting
Section 26 Other Health and Welfare Benefits
LEAVES
Section. 27 Vacation.
Section 28 Sick Leave.
Section 29 Sick :Leave Transfer
Section 30 Bereavement Leave
Section 31 Military Leave.
Section 32 Leave Qf Absence Without Pay
Section '33 Jury Leave
Section 34 Shift Trade
OTHER
Section 35 Firefighter II_Certficate
Section ,36 Grievance Procedure
Section 3'7 Firefighter Opemings
Section~ 38 Prcmotonal Testing and Job. Classifications
Section 39 Paramedic Liaison
Section 40 Safety Committee
Section 41 Layoff Procedure
RE.~ 9~ :4~ -m-1.6 - ~,1~ C
Sect-ion 42 Fire Inspector
Section 43 Savings Clause
Section 44 Complete Agreement
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PREAMBLE
This document represents the final and. complete agreement
resulting from Meet and Confer sessions between the City of
Petaluma and Internat-oval Association of Fire Fighters,
Local No. 14,L5 (Petaluma) Unit 7. This Document supersedes
all°prior Memoranda of Understanding.
Representatives of the City and Unit 7 acknowledge that they
have fulfil-.led their mutual and respective obligations to
Meet and Confer under the :Meyer-Mlias-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
Under-standing to become effective July 4, 1994,, upon
acceptance and approval of the City Council.
GENERAL
SECTION 1 TERM OF_AGREEMENT
This Memorandum of Understanding shall be for 'a one•(1) year
term for the period commencing July 4, 1994.
The parties will commence meeting and conferring for a
subsequent Memorandum of Understanding, not later than the
-end of April, 1995 and will endeavor to reach an agreement,
in a written Memorandum of Under"standing for submission to
the City Council for its Final Budget for the subsequent
Fiscal Year.
SECTION 2 UNION BUSINESS
City employee's who are -official representatives or unit
representatives of the Union steal-1 be given reasonable time
off with pay to attend meetings raith management
representatives, or to be present at hearings within matters
within. the(s'cope 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.
SECTION 3 WORK WEER
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
:DSO. ~, 4: ry ~ 6:. 8 N ~C~S~
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classifications: Firefighter, Firefighter/Paramedic,
Apparatus Operator, 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.
SECTIOPT 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 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 their current 56 hour cycle and not at a
40 hour work week.
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'
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payments-missed, due to the 4Q hour work week, so that
the employee's final .year compensation will not be
impacted. This payment will be reported to PERS s:o
-that the employee;'s retirement.compensation"w,ll,not be
impacted by the missed FLSA over-max payments.
SECTION b MINIMUM MAAiIdING
,The City shall increase .on duty shift staffing to
fourteen (14) per shift, excluding Battalion Chief,. not
dater than January 1, 1994. At that time,. the City
shall cease tandem E_ng.ne/rescue operations and r-estor-e
the three person engine companies,. as it existed prior
to implementation of tYie second ambulance at Station 3.
RESO.~9 4 ~ 1 ~6 8~'N'CS'
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COMPENSATION
SECTION_ 6
The hourly
the various
2920 hours
SALARY
rates of employees
steps, shall be as
per year).
in this Unit, noted below in
follows: (i.e., 56.15 X 52 =
Effective July 4, 1.994
Fire Captain $16.58 $17.41 $18.28 $19.19 20.15
Firefighter/Paramedic 15.06 15.81 1.6.60 17.43 18.31
Fire Engineer 14.86 15.61 16.39 17.21 18.07
Firefighter 13.69 14.38 1.5.09 15.85 16.64
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):
Fire Inspector $20.19 $21.20 $22.26 $23.37 $24.54
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
basically outline below shall be as determined and
administered by the City.
A. General Overtime. (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 Response
Employees who voluntarily respond to their Duty Station
during ther~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 Recall and SLaecal Recall
Off-duty Fire Department personnel are subject to
recall and will be paid on an overtime basis, (except
as s'et 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 rec-all
exceeds two hours, but does not extend beyond ten
menutes past the second hour,.=the overteme'will be .for
two hours. When a recall exceeds two hours and fYifteen
minutes, the overtime will be to the nearest half hour
(example, two and one-half hours).
D. Shift Contenuation
If a member of this umit i•s requested to continue on
duty after the end of a normal 24-hour shift and works
in excess of 10 menutes, he shall be paed time and one-
half at the hourly rate for all hours worked..
Further, when a completed overtime exceeds 10 minutes
withen 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 Cer-tficaton Traenin
All Fire Department personnel.en this unet sYiall be
compensated at tome and one-half of the~employee_s
hourly rate for al off duty time requer-ed to mantaen.
department mandated certifecatons. The bepartment
shall :pay for books and tuteon required by courses to
maintain Department mandated certifications.
SECTION 8 OUT OF GRADE PAY
All members of the Union well be paid 7.50 out o;f grade: pay
when assigned by the Duty Officer or Fire Chief..
SECTION 9 RETIR-EM-ENT
The City we1T contenue to provide the 2% at°50 Reterement
Plan without changing the current~:benefts, which include the
following: 3959 Survivor's Credit and widows clause,.
The City steal-l contenue`to.pay 9% of the employees'
retirement contribution to PERS.
SECTION 10 .RETIREMENT CONVERSION
The percentage of each employee's._P.ERS.:contributon~
previously paid by the City prior to the-adoption o"f tYie MOU
as th'e Employer Payment of Member Contribution (:EPMC') shall
instead be pa-id to the employee, who:°shall then pay that
amount-to PERS. For purposes of withhold'~eng, the.Ce.ty shall
defer that porteon 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 w.i11,-enclude
the total amount of the employee's contributeon tq PERS
previously paid as EPMC. The employee contribute;on will be
withheld .from the employees' pay by the: City, and the City
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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 cake this amount in
salary and/or to make the payment to :PERS. The tax
exemption does not apply to FICAjsocal security. The
following is an example of the application of IRC 414(h)(2)
as applied to a sworn public safety employee.
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 $3,00.0 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 $489.06,
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 sYiall 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 HOLIDAY 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
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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
SECTION T3 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) yearn
accumulation.
SECT'LON 14_ _SICK LEAVE USAGE_AND PAYMENT- AT TERMINAT3ON
A. When an-.employee who is. on disability becomes`°permanent
and stationary and eligible to be retired by the City,
the Gity will allow the employee to use sick le_age, if
any, up to the end of the FLSA work period',fo°T lowing
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.
SECTION 15 EDUCATIONAL~INCENTIVE
Educational Incentive Pay is provided for qua.li.f'ied
employees in the classifications 'and amounts listed. below.
Firefighter, Fire Engineer, Firefighter/Paramedic, Fire
Captain and Fire Inspector.
Education Achievement Incentive Pay
Fire Officer Certification $5'0.-00 per month (X 12 / 26)
SECTION 16 DEFERRED•COMPENSATION
The City of Petaluma shall make available to the members of
this Unit the City's Deferred Compensation Plan.
SECTION 17 CLASS B DRIVERS'LICENCE
The City will reimburse an employee required
Class B Drivers Licence for that. portion of
Class B Licence renewal fee.
to maintain a
the cost of the
TO
INSURANCE
SECTION 18 HEALTH INSURANCE
Effective August 1, 1..994, the City shall initiate 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.
SECTION 19 RETIREE DISABILITY MEDICAL PAYMEPiT
An employee, who retires on disability with less than 15
years of service as a member of this Unit, will be eligible
for $95.00 per. month f.or eighteen (1,8) 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 continue in the PEMCHA Plan, he/she will be
eligible for the. full $100 for the eighteen month period. It
is the responsibility of the retiree to notify the City in
writing that PEMCHA has not been chosem~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 PgEDICAL PAYMENTS
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 .continue
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 fo lowing 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 DENTAL INSURANCE
The City shall ,provide for a. group dental insurance program
for City employees and dependents: in this Unit. The City
shall contribute toward an Orthodonttre plan at a 50% co-
payment rate up to $1,OOD per child.
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The City shall pay, during the period of this memorandum,
the insurance premium in the amount of $74.00 per employee,
per -month. T11e City"" shall bear the cost of any ;premium
increases during the period covered by this Memorandum of
Understanding.
SECTION 22 LIFE.IN5URANGE
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', LO__NG TERM DISABILITY INSURANCE
A. The City shall pay during the period of thus
memorandum, the amount~of $1.2.00 per month, per.
employee. This amount shall not exceed; However, the
total. cost of the premium for the long-term•d'sability
insurance plan. -
B . When a member of the Assoeiat-ion 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 Firefighter"s' Association LTD plan.
SECTION 24 = VhSION hNSURANCE' '
For the period of this memor.a`ndum the City shall~provde and
pay the cost of a Vision Care Plan for employees:, and their
dependents.
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 tfiat no identification is shown.
Section 26 Other' Health. and Welfare -'Pa~rn-ents
The City shall provide to-the active members of Unit 7
additional monthly health and welfare payments equal the
PEMCHA Kaiser North premium amounts- less $'1,00.
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LEAVES
SECTION 27 VACATION
A. Eligibility
The times during the calendar year in which an 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~Serviee Vacation
After completion of twelve months 5 shifts/year
After completion of five years 7 shifts/year
After completion of ten years 8 shifts/year
After completion of fifteen years 9 shifts/year
After completion of twenty years 10 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 Fire Chief. Any eligible
employee with consent of the head of his department and
the Personnel Office may defer two (2) shifts of his
annual vacation to the 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 SICK 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,
or injury of an employee's family member which requires
the employee's attention. The term family member shall
include: spouse, children, parents, spouse's parents,
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brothers, sisters or other individuals whose
relationship°to the employee is that of a dependent or
near dependent.
B. Accrual
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 gn sick
leave the employee shall notify his immediate
supervisor or any other person designated by the Fire
Chief prior to the time set for trie start of~`hs shift.'
After a three shifts duration, the employee may be
required by the Fire Chief to, submit a phys.can's
certificate stating the cause of the absence.
D. Rate of Usaae
The first day of sick weave will be char-ged 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 one shift (24
hours).
E. Light Duty Sick Leave
1. Light Duty Sick Leave - Non Duty In'uLry
An employee shall be charged sick leave f.or 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. Light Duty Sick Leave - Work Related'In~urv
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. Relatonsh"ip to Workers' Compensation
When. the employee's absence from work•has been
occasioned by injury suffered during his employment and
he receives workers.' compensation, he 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, t~shall be the.
policy in workers' compensation matters. that the -
employee shall assign to the City any benef,ts;rendered
him during-the period that he•s absent on sick leave
and the City shall pay him his full sick leave
benefits. Sick leave under workers' compensation is a
supplement to the workers' compensation`benefts to
e'
RESO g 4= ..1~~ 6- ~ N ~C~~~~=
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provide. the employee compensation at his regular rate.
All employees receiving full salar-es 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 TRANSFER
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 year may be
granted to employees in the event of death in the employee's
immediate family. The immediate family-shall consist of the
spouse, children,, parents, brothers, sisters, or other ,
individual whose relationship to the employee is that of a
legal dependent.
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 31 MILITARY LEAVE
Military leave shall 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 WITHOUT PAY
The City Manager may grant a permanent or probationary
employee (3) months. Good cause being shown by a written
request, the City Manager may extend the leave of absence
without pay for an additional period 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
_ _ , n~ rC-:~.
`~ lJ ~j ~® .. ..:
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expiration of a regularly approved. leave or within a
reasonable period of time after notice to return to duty,
the. employee .shall be rei-nstated -n 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 3 3 J[TRY DUTY
Every employ.ee~who is required to serve as a juror- shall be
entitled to absent himself from his duties with the City
during the time he is actually' re-quired 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 (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 makes the refund..
SECTION 3.4 SHIFT TRADE
Each member of this unit shall be eligible for twenty (,2'0)
shift trades per year. If trade maximums are not utilized
they shaT.l 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'partcular 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
himself%herself for a duty slot in the future. A11 trades
are the responsi-blity of the individuals involved and shall
cause no increased costs for the City. Any" d'ispute° arising
out of such trades shall be resolved by the individuals.
OTHER
SECTION 35 FIREFIGHTER II.~GERTIFICATE
The Fire Fighter TI Certificate shall be effective„when.. the.
candidate has suecessfull,.y completed the requr.einents as set
forth by the State Fire Marshal's Office only, which will
then be signed by the Fire Department's Training Officer.
SECTION 36 GRIEVANCE'PROCEDURE
A. Pixrpose of Rule
1. To promote ':improved employer-employee relations by
establishing grievance procedures on matters f:or
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'
~~5~~:~:g 4 , - : ,1 z 6~ ~.iN~C .S
16
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.
P
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 unles 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 Procedure
1. First level of review: The appeal shall be
presented in writing to the employee's Battalion
Chief, who shall render hiss 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
Fire Chief: Failure of the employee to take
further action within ten (10) calendar. days
after receipt of the written decis-ion 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
RE~.'~9 4 ~- 1° 6 >~~Id-'-iCaS'
17
appropriate persons. The. department head shall
render his decision:. and comments in writing, and
return `them to the empl-ogee within ten (,10);
calendar days after receiving the appeal. If the
employee does not~.agre~e w-ith the decision reached,
or if no answer has been ,received within teen (10)
calendar days after receipt of the decision or
within a total of f-fifteen .(`15 ) calendar days if nc
decision is rendered, will constitute a dropping
of the appeal.
:,
3. City Manager: The City` Manager receiving the
appeal, or Yi-s designated ;representative, should
discuss the grievance with the employee, his
representative, if any; and with other appropriate
persons. The city Manager may desgnate.a f-act
finding committee, o£fe~r not `in the normal line of
supervision, .or Personnel Board. to advise him
concerning the appea'1. 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 qutSide probation, demotion, or
suspension without pay beyond one work day', .and if
either the Union .or ahe 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
wYio shall be selected by mutual agreement or, of
such agreement.-is not reached, by alte-rriately
striking names from al`ist of five (5) arbitrators
submitted by~the State. of California Conciliation
Service, with the first party to strike to be
determined by lat.
The fees and expenses: of_' the.. arbitrator a-d of the
court reporter., of any, shall be shared equally by
the City and. by the party requesting arbitration
(fie:., the employee or the Unio.n). The party
requesti~ng.arbi:traton (fie., the employee. or the
Union) a:nd the=City shall bear the. costs of its
own..~presentaton, including pr-eparaton and post-
hearng briefs, of any, and the costs. of its
representative. The decision of the Arbitrator
shall be 'final and binding .on all parties.
RE~O.~~ '4 .h. 16 v~;~N C ;
.~,
18
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.
SECTION 37 FIREFIGHTER OPENINGS
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 asp, "Paramedic Burnout".
SECTION 38 PROMOTIONAL TESTING AND JOB CLASSIFICATIONS
To the extent required by the Meyers-Milian-Brown Act, 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
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•~0 SAFETY COI~ITTEE
The Union shall appoint one member to the Departmental
Safety Committee.
19
SECTION 41 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. A11 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 disp ace an employee in the .same ~.
department .who has less seniority in l) a. .lower
classification in the same classification series .-
or in 2) a lower clas"s ification.in which the
affected employee once had regular status. For
the purpose' of-this section and Section 5,
seniority includes all per%ods of full-time
service within the City of .Petaluma Eire Service
at or above the classification level wher-e the
layoff is to occur..
See. 4 Seniority:
In order to retreat to a former or lower
classification, a_n emp oyee must have .more
seniority than at least one of the incumb'ents~,n
the retreat classification, be qualified to ..hold
the retreat classification or have serued in the
retreat classification-prior to -the layoff and
request displacement action in writing,, to the
Personnel Officer :within (5) working days of
receipt of notice of payoff.
Employees within each category shall be laid off
°in reverse order of seniority within. the
classification series. Seniority for the retreat
classifcaton.would.be the combination of time
served at or above the layoff .class-fication 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
50~ 9 4~ :~ ~- 6~ g ~ `C,~S:;
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 Employment 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 List:
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 Duration of Re-Employment List,
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
who refuses re-employment shall be dropped from
the list.. Persons re-employed in a lower
classification, or on a temporary basis, shall be
continued on the list for the higher position for
two years..
Employees in Public Safety'classifieations 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.
;; . , f-~ ~~ ~ .. :, it -
.~ ~~s®e 9 4° 16 8 N C~
20
21
SECTION 42 FIRE`INSPECTOR
The Fire Inspector shall`.enjoy all rights and~benefts
retained by-all other personnel in Unit 7, except as
di'€ferentiated 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 r-ate for all,
hours over eight (8) hours per day
Holidays 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 th'e City.
. During the F'iseal Year-the City will
Authorize one ,(1) Floating Holiday•per
employee, which maybe taken ,by the employee
at a time selected by the employee.,, subject
to operational requirements a_nd approval:.
determined by the City. Employees hired
between July ', and December 31; will be
eligible for a,Floating Holiday during the
course of the Fiscal Year. Holidays f~or.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 t'en years One additional day f'or
each year of ervice
to a maximum of four
weeks.
The F=ire Inspector ;may defer :five ( 5)days;
annual vacation eave 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 shad-1 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 SAVIPTGS CT~AUSE '
Should any :par,t..of this; Memorandum be rendered or• dec ared
illegal or invalid by legislation, decree of~a•court of
ES~Do,9 4 W~ 6~ N .C S
`~' rat i.. ~., P , 4 ~ F , i1.Y 1 i~~ Y~'
22
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 .AGREEMENT
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 recommendation of this Memorandum of
Understanding to become effective July 1, 1994 upon
acceptance and approval of the City Council.
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1415, PETALUMA
CITY OF PETALUMA
RES®. 9 4° 16 ~ N C S