HomeMy WebLinkAboutResolution 91-265 08/19/1991
~•
} R~S~IUtlOr1 N®. 91-265 N.C.s.
of the City of Petaluma, California
DULY AUTHORIZED REPRESENTATIVES OF THE CITY OF PETALUMA AND
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
LOCAL 1415 FOR THE EMPLOYEES IN UNIT 7
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE
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 tro terms and
conditions of employment for employees in Unit 7, in accordance with the
Meyers-Milias-Brown Act and the. City's Employer-Employee Relations Rules
and Regulations No. 5512 N . C . S .) ; and,
WHEREAS, the duly authorized representatives of the City
and International Association of Fire Fighters, Local 1415 have executed a
Memorandum of Understanding pursuant tb Sectson 25, 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 MuniL~pal 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 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 on July 1, 1991 through June 30, 1994.
Under the power and authority conferred upon this Council by the Charter of said
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted b~''the
Council of the City of Petaluma at a (Regular) (tY~~i~c~X) meeting
on the ..-..--~-~-~~---...... day of ....................E~.Ugid,Sl;........---........-...:, 19..-~.~.,~by the
following vote:
AYES: Read, Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: N
ABSENT:
ATTEST:
CA 10-85
as to
one
avis, o _
_ .
~~/~ -,
City Clerk Mayor
(buncil Fi(l~e ....................
Res. No....9.1-2.6.5....
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N.C.S.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PETALUMA
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS., LOCAL #1415
(Petaluma)
JULY 1, 1991 THROUGH JUNE 30, 1994 `
TABLE OF CONTENTS
PREAMBLE
GENERAL
Section 1 Term of ,Agreement
Section 2 Union Business.
Sect~nn 3 Work Week
Section 4 Light Duty
Sect~n 'S. Minimum :Manning
COMPE SATION
Section. 6' Salary . ,
Section 7 'Overtime:
Section. 8 Out of Grade :Pay
Section. 9 Retirement
Section 10 Retirement Conversis~n
Section 11 Uniform Allowance
$ect~on 12 Holiday' Pay•
Sects~n 13 Vacation, Payment at Termination
Section 14 Sick Leave Usage And Payment at; `Retirement
Section 15 Education Incentive
Section 16 Deferred Compensation
• INSURANCE
Section 17 Health Insurance
Section 1$ Retiree Disability- Medical Payments
Section 19' Retiree .Medical Payments
Section 20 Dental Insurance •
Section 21 Life Insurance
Section 22 Long-Term'Disability Insurance
Section 23 Vision Insurance.
Section 24 Personal Exposure Reporting
LEAVES
Section 2:5. VacatiDn°
Section, 26. Sick. Leave
.Section 27• Sick Leave Transfer ~•
.Section
,. 28 Bereavement Leave
Section 29 Military L`-'cave
.Section' 30 Leave: of Absences Without P.ay
~Sec~n 31 Jury Leave
Section 32 SYiift; Trade
0T$ER
Section. 33 Firefighter II Certificate
Section. 34~ ~ 'Grievance Procedure
Section 35 `Frefigiiter Openings
Section 36 Promotional Testing and Job Classifications
Section 37 ~ Paramedic Liaison
Section 38 Safety Committee
Section 39 Fire Inspector
Section 40' Savings Clause
Section 41 Complete Agreement
PREAMBLE
This document represents the final and comp].et~ 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 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 the approval of their members;, ag-rec. to recommend for acceptance and
approval to the City Council of the City of Petaluma.
The parties affix their signatures as constituting mutal acceptance and
recommendation of this Memorandum of Understanding to become effective
July 1, 1991, upon acceptance and approval of the City Council.
.GENERAL
SECTION 1 TERM OF AGREEMENT
This Memorandum of Understanding shall be for a three (3) year term
for the period commencing" July 1, 1991, through June. 30, 1994.
T.he parties will commence meeting and conferring for a subsequent
Memorandum of Understanding, not later than the end of April, 1994, and .
will endeavor to reach an agreement, 'in a written Memorandum of
Underst~:nding for submissaDn to the City Council for its Final Budget for
the subsequent Fiscal Year.
SECTION 2 UNION BUSINESS
The. employee organization may- select. not more." than two employee
members of such organzatiDn to attend schedule"d meetings with the City for
purposes of meet and confer or grievance hearings during regular work
hours without: loss of pay.: Such meetings are subject t~ scheduling by
City management in a manner consistent with operating needs and work
schedules . ~ "
SECTION 3 WORK WEEK
A . Duty Shifts
1. The fire on-duty 7 day work week shall be the average of 56 hours
per work week for the fo]lowing classifications: Firefighter, .
Firefighter/Paramedic, Apparatus Operator, .and Fire Captain
2. The wo"rk. week shall consist of duty shifts that are regularly assigned
and scheduled .
1:
3. A shift is defined as: a continuous 24 hour .period commencing at 08:00
and .ending at 08:00 the foilflwing 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_ D uty Shift 0 =Shift O ff
9
For example : X 0 X, 0 X 0 0 0 0
B . ClassificatiDns 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
Adm ni GtratiDn .
C . The, FLSA work period shall be a twenty-eight (28) day period .
SEC'TIO.N~ 4 LIGHT DUTY
A.. The Fire Chief may assign an employee ~ 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. Thee 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 ~ 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 r
payments fora 56 hour .schedule except as provided by D below..
If a member of the Bargaining Unit can show that a hards_hi~ 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 be
given the opportunity to work a flexible schedule during weeks in
which holidays occur;. T.he schedule shall permit the employee t~ work
eighty (80) hours during the pay per-iDd in order that he receive the .
_ holiday (s) off and stilt. r-etain holiday pay . The Fire Chief or his
representative shall .approve the flexible schedule prier to its
implementation .
D . Tf a shift employee assigned ~ 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 4'0 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 wilt not be impacted by the missed FLSA
over=max payments . ,
2.
SECTION 5 MINIMUM MANNING
Until January 1, 1994, the City shall continue current firefighting staffing
of. a .minimum of thir-feen (13) on duty per shift, in accordance with current
.operational practices., excluding Battalion Chief, including tandem
engine/rescue operations, or may place the rescue unit on special call
status .
The City shall increase on duty shift staffing to fourteen (14) per shift,
excluding Battalion Chief, not later than January 1, 1994. At that time,
the City shall cease tandem Engine/rescue operations and restore the three
.person engine companies., as it existed prior to 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 1, 1991
Fire Captain $13..43 $1,4.10 $14.81 $15.55 $16.32
Firefighter/-Paramedic 12.47' 13.09 13.7.5 14.43 15.15
Fire. Engineer 11.77 12.36 12..98 13.63 14.31
Firefighter .11.33 11.90 12.49 13.12 13.77
The hourly rates of employees in this Unit noted below in the various
steps shall be as follflws: (i.e., 40 X 52 = 2080 hours per year) .
Fire Inspector ~ $16.85 $17.70 $18.58 $19.51 $20.49
Fiscal Year 1992/93
The City will update our existing survey to determine the mean in effect,
on August 1st, 1992. The mean shall consist of the follDwing items: Wages;
Retirement PERS Contributions.; Health, Dental, and Vision Contributiflns;
EMT' Pay; and Educational Incentives which are paid. on a monthly -basis for
various certificates or degrees, with monthly totals compared. -The mean
percentage generated from the survey shall be the basis for. changing the
abo"ve hourly rate, at 100 of the mean, to be effective September 1, 1992.
Fiscal Year 1993/94,
The City will update our ex>+sting survey too determine. the mean in effect,
on August 1st, 1993. They mean shall consist of the fo]lowing items : Wages;
Retirement PERS Contributions; Health, Dental, and Vision Contributions;
EMT Pay; and Educational Incentives which are paid on a monthly basis for
var>nus certificates or degrees:, with monthly tiota]s compared. The mean
percentage generated from the survey shall be the basis for changing the
above hourly rate, at 100$ of the mean, to be.effectsve September 1, 1993.
SECTION 7 OVERTIME
The purpose of this season is ~ to clarify matters relevant to Fire
Department overtime. Any' interpretation of applicatifln. relevant to overtime
shall be resolved by the City Manager, whose determination is final.
3.
All requirements and any procedures relating to overtime as basically
outlined below shalt be as determined and admirvst~red 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 rats times 1.5. An overtime shift is
defined as •any continuous period of on-duty time exceeding sixteen
(l6) 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 their
off-duty hours and who. are. directed by the responsible authority on the
scene ~ commence work .shall be paid for time so worked at the overtime
rate. No minimum hours shall be appl]:cable do such work,
C . Fire Recall 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 fiftsen minutes,
the. overtime will be to the nearest half hour (example, two and
one-half Hour) .
D . Shift Continuation
If a member of this unit is ::requested to continue: on duty after the
end of a normal 24=hours shift and works in excess of 10 minutes, he
shall be paid time and one-half at -the hourly rate for all hours worked.
Further, when the 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 Certf~ation Training
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
do maintain department mandated certifications. The Department shall pay
for :books and tuitifln required by courses to maintain Department mandated
certzti.cation s .
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.
4.
SECTION 9 RETIREMENT
The City will continue to provide the 2~ at 50 Retirement Plan without
changing the current benefits which include the following: 1959 Survivor's
Benefit, 1 Year Final Compensation Average, and Unused Sick Leave
Credit and widows clause.
Effective January 1, 1992, the City shall pay 9~ of the employees' retirement
contributions ~ P . E . R . S .
SECTION 10 RETIREMENT CONVERSION
It is .understood that employees who are,, or will, retire with a service
retirement, shall be allowed tD make aone-time irrevocable conversion of
the City's contribution to PERS being made on their behalf, to base salary.
Employees who wish to exercise this one-time, irrevocable a~nversion,
must meet the following requirments:
Service Retirement Miriimum fbrty-nine (49) years of age,
and will. be retiring no later than one (1) year from date of
conversion .
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 cheek.. 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, a]lflwance 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 shalt receive a pro rata amount for
the fiscal year..
5.
SECTION 12 HOLIDAY PAY
-The holidays ~r 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 rage, at. the time of holiday X 12.00 hours equals holiday
pay/holiday.
'New .Year's Day -January 1st
Martin .Luther -.King Jr. Birthday -Third Monday bf 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
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 tD exceed two (2) ,years accumulation.
SECTION: 14 SICK LEAVE; USAGE AND PAYMENT AT TERMINATION
. A-. .When an employee who. is. on 'disability becomes permanent and
stationary and eligible to be retired by .the City, the City will
a]low the employee tb use sick leave, if any, up to the end .of the
,ELBA work. period, follDwing 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 ~ exceed 720
hours.
SECTION lb EDUCATIONAL INCENT~IV~E
Educatiflnal. Incentive Pay is provided for qualified employees in the
classifications and amounts listed below.
Firefighter,; Apparatus Operator, Firefighter/.Paramedic., Fire Captain.
and Fire Inspector.
Education Achievement Incentive ,Pay
Fire Officer Certification $50.00 per month (X 12 / 26)
SECTION 16~ DEFERRED COMPENSATION
-The City of Petaluma- shall make available tb the members of this Unit
the: City's Deferred Compensation Plan..
6.
INSURANCE
SECTION 17 HEALTH INSURANCE.
A. Effective the adoptinn of this Memorandum of Understanding,
employees shall make the contributions ~ health insurance premiums as set
forth below. The balance of the premiums will be paid by the City.
Kaiser HPR Sonoma County
Employee - - $14.30
Employee + 1 $10:.00 $10.80 $24:.20
Employee + 2 $20..00 .$20.00 $32.52
B-. Effective July 1, 1993 employees. .shall make the contribution to
health insurance premiums as set forth below
Employee - - $.15.00
Employee + 1 $15.00 $15..00 $30.00
Employee + 2 $25.00 $2.5-.00 $40.00
SEC-TIO'N 18 RETIREE DISABILITY MEDICAL .PAYMENTS
An employee, who retires on disability, will be eligible for $100.00 per
month for eighteen (18) months beginning on the lager date of July 1, 1992
or retirement date. This benefit is in addition to any other benefits to
which the employee is entitled..
SECTION 1'9 RETIREE MEDICAL PAYMENTS
An employee, with twenty (20,j years of service' and who is age .50 or
older and., who retires on a service or .disability retirement .during the term
of this agreement, will. be eligible fir $100.:00 per month :beginning on the
]ester of July 1, 1992 or retirement date. ~ This benefit is in addition ~ any
other benefits to which the employee is entitled..
SECTION 20 DENTAL INSURANCE
T:he City shall provide for a group dental ,insurance program. for City
employees .and dependents in this Unit. .The City shall contribute toward
an. Orthodonture 'plan at a 50~ w=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 $.66.88 per employee, per 'month. The City shall:
bear the cost of any premium increases during the period covered by this
Memoramdum of Understanding.
SECTION 21 LIFE INSURANCE
The City shall. provide during the period of this Memorandum, at no
cost to the employee, a group germ life insurance coverage in the principal
amount. of $15.,:000, per emp]oyee.
7.
SECTION `22 LONG 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 fore the lflng-term disability
insurance plan..
B When a member of the AssocatiDn 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' 23 VISION INSURANCE
For the period of this memorandum the City shall provide and pay the
cost of a Visifln• Care Plan for employees and their- dependents.
SECTION 24 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 Repori~ng
System..
Copies of .exposure reports to be provided' to the Personnel Department
by the empl3~yee. Employee names shall ~be eliminated so that no
identification is shown.
a
8.
SECTION :25 V'ACA:TION
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 empls~yee and ,.particular,. regard for the needs of
the service.. If the requirements of the service are such that an
employee cannot take part or all of his annual vacation::in a particu]~r
calendar year, such vacation shall ,be taken. during the following-
. calendar year. T'he 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 per year
_ After .completion of five years ~ 7 shifts per year
. After completion of ten years- '8' Shifts per year
After completiDri of fifteen years 9 shifts per year
After completion of` twenty years l0 shifts per 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
provisiflris 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;
SECT__ION 26 SICK LEAVE_
A . ~ :General:
Sick leave with pay shall be granted ~ all. Fire Department employees
.. -'g ' . n
as; ' set forth ~ this section.. Sick leave. is not a rn ht wh~h a
' 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 emplpyee's family member which requires the employee's attention .
The term. `family member shall. -include: _ spouse, children;. parents,
spou`se's ;parents, brothers, sisters or other individiiaLs whose
relatis~nship 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 4`0 hour einplcyees shall
accumulate : ick -leave as other employees of the City.
9.
C . Notificafinn Pr-ocedures
In or-der try receive compensation while absent. on 'sick leave the
employee -shall notify •his immediate supervisor or' any other person
designateel by the Fire. C h.ef prier t-A the time set fir the start of his
shift. After three shifts' duratiszn, the employee may be required by
the `Fire Chief to submit a physician's certificate stating the cause of
the absence.
D . Rate, of Usage
The first day of 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 one shift (24
hours).
E. Light Duty Sick. -Leave
1, Light Duty .Sick Leave -Non Duty Injury
If 'an employee is on -light duty as a result, of .an off-duty injury, _
the employee shall be charged sick leave for d'octors'
appointments, physical: therapy, etc. If the employee has no sick
.leave or vacation accrued, then he/she. will be on leave without
.pay.
2. h>ght Duty Sick Leave =Work Related Injury
If an=;employee is on light duty as a result of an on-duty injury,
the employee shall be allowed 'too 'attend doctiors' appointments,.
physical therapy, etc.. without being' ,charged sick leave.
F. Relationship to Worker's Compensation:
When the. empls~yee's absence. from work .has been occasioned by injury
.suffered during his employment and he receives workmen's
compensation; ;he shall also be entitled to receive from the City the
difference between such: workmen's .compensation benefits paid and the
amount which would otherwise have been paid hereunder for sick
leave. Ordinarily;, it shall be the .policy in. workmen's compensation
matters. that the empls~yee .shall assign to the City any benefits
rendered. him during, the' period that he is absent on sick ]save and
the City- shall pay thin his. full sick: leave benefits . Sick leave 'under
workmen's compensation. is a supplement to the workmen's compensation
benefits to provide the employee compensation at his regu]ar ratie . All
employees :receiving full.. salaries in ]:isu of temporary disability
payments pursuant, to Section ,4850 Labor Code are entitled to
accumulate sick leave during such 'periods of disability.
SE'CTIO`N 27 SICK.: LEAVE TR'ANSFE'R.
-Any bargaining 'unit ~ employee may °transfer some of his/her accrued
sick leave to another bargaining unit employee for use as sick leave by the
receiving employee,. Such transfer shalt be accomp]ished by a memo from
the transferring employee to the Fire Chief for forwarding ' ~ 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 0 hours of accrued sick leave..
10.
SECTION 28 ~ 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 'con:silt. of the spouse, children, parents, brothers,
sisters; or other individual whose relationship to tYie employee is that of a
legal dependent.
Two shifts with pay per fiscal year may be ~ granted ~ employees in
the event of death for relationships consisting of father-in-law, mother-in-
law, brother-iri-law, or sister-in-]aw.
The Department Head may authorize additional-travel time, if needed.
T:he Fire Inspector will receive days instead. of shifts pursuant to this
section .
SECTION 29 MILITARY LEAVE
Military leave shall be arranged in accordance with the provisions of
State law; All employees entittled 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 30 LEAVE ~OF ABSENCE' WITHOUT, PAY
__
The ,City Manager may grant., a permanent, or probationary employee
leave of absence'. without pay or seniority .for a period not to exceed three
(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 expiration of a
regularly approved .leave or within a reasonable period of time after notice
to return. try 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 31 JURY DUTY
__
Every employee who is required to serve as a juror shall be entitled fio
absent himself from his duties with the City during the time he is actually
r-equired .~ 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 fai.is 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 3.2 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
succeeding.. yearn:. In no •carcumstances is any employee entitled tQ more
11.
than . 20 trades in a,,gven year. The Battalion Chief may deny a trade if
the particular trade would have: a negative .impact- upon the employee's
training . If. manriing pis above_ the minimum, required by this Memorandum of
Understanding; a member of the Unit shall ,not be allowed to trade with
himself%her-self for a duty slot in the future. All trades are :the
responsibility of; 'the individuals involved and shall cause no .increased costs
for tYie City. Any dispute `ariG~ng out of sueYi, trades sha11 be- resolved by
the incvduals.
OTHER
S'EC'TION 33~ FIREFI~GHT.ER, II CE`RTIFICAT.E
The Fire Fighter II Certificate shall be -effective when the canclidate'
ha"s successfully completed the requirements as et forth by the State Fire
Marshal`s Office only, ,which. will then be signed- by .the Fire Department's
Training Officer.
SE`C'TIO:N 3'4' GRIEVANCE °PROCEDU'R'E
A.. Purpose 'of ;Rule
1. To promote improved empls~yer-employee relatiflns by establishing .
grievance procedures. on matters for which appeal or hearing is
riot provided by .other- regulations..
2.., To afford :employeees indivdwally or through qua]ified .employee
organization a systematic means of obtaiiin'g further consideration
'of problems; after every reasonable effort. has failed ~ resolved
them through diseussiDns.
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 Subject- ;to Grievance ,Procedure
A grievance is a .::dispute over the ,interpretation, application or
enforcement of the express terms of the; M O U . All grievances
-shall be ubmitted in writing on the form attached„ to the MOU as.
:Appendix 1. The City is not required tA. meet with any em.plc~yee
over ,a~: grievance unless the grievance is submitted iri writing on
`the appropriate grievance form .
C . • Informal ;Grievance Procedure
An employee who :h'as a, prob]em or complaint should first try to get ,it
settled through discussion with his Battalion Chief without undue
.~ defy. If, ;after this .discussion, he ..does- "not, :believe the. problem has
been satisfactorily- resoled,. he shall have the: right ~ discuss it with
the Fire C'h.ief. Every effort should be ;made ~ find an acceptable
solution. by in~formal~means at the. lr~west possible level of .supervision.
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If the employee is not 'in agreement with the decision reached by
discussDn 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 (levels, of review through chain of command)
1. ,First -level., of review: The appeal shalt 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
. (l0) calendar days after receiving the appeal. If the employee
does .not agree with" his `Batta].iDn Chic"f s "'deci~~n, or if no answer
has been "received "within. ten (lQ) calendar days, the employee
may" present the.:appeal in writing to tYie Fire Chief. Failure of
the employee to take further action, within tsn (1,0) calendar days
" after recep"t of the written decision of his supervisor, or within a
total 'of fifteen (1-5)' calendar days if no decision is rendered, will
constitute a 'droppin`g of the appeal...
2. 'Department Review:; The department head receiving the appeal of
his designated representative, ,shoulr3 discuss the grievance with
the employ<ee,, his representative, if any, and with otYier
appropriate persons.. The department head shall render his
deci._sinn and' comments, in writing, and return them t~ the
employee within ten (10) 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., he may
represent the appeal in writing to -the City Manager. Failure.. of
the employee to take further action 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 rep"resentative, 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 .~ advise him :concerning the appeal. The City
Manager shall render a decision in writing; ~ the employee witYiin
twenty (20) calendar days after receiving the appeal.
4.. Conduct of Grievance Procedure
a-. The- time limits sped above may be extended to a definite
date by mutual agreement of the employee and the reviewer
~~ concerned.
b. T:he employee. may request the assistance of another person
of :his own choosing. in preparing and presenting his' appeal
at, any level of review.
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c. The emphyee and his. representative may be privileged to'
°use a "reasonable` amount of work tune as determined by the
appropriate department head in conferring about and
presenting the appeal.
d. Employees: shall be assured freedom from reprisal for using
the grievance procedures. .
SEGTIO~N 35 FIREFIGHTER OPENINGS
Every ;available Firefighter openin;g: .shall be ~ made available to current
FirefuPuberJParamedcs according t~ Depa"rtment seniority. The Fire Chief
shall; .retain the dscretipn ~-tg use: factors other than .seniority in exceptional
circumstances, such as', "Paramedc° Burnout" .
SECTION 36 ~ PROMO'TIONAL TESTING AND JO'B CLASSIFICATIONS
_ To the extent required b;y the Meyers-Mil.as-Brown Act, the City will
meet .and confer with AssociatiDn representatives .over changes in job
,classifi~atibns or promotional testing.. Disputes regarding whether the City
is requir-ed. t-~ meet and confer over a. particular topic shall be subject to
the grievance process set forth in the MO.U.
For positiflns to which. .members. of Unit 7 could promote, promotion
process information will be available in the Personnel Department Office at
the time of postilig. Information will include applications, minimum
quahticatinns, study material reference. information. if appropriate.., and
information on passing scores. Any changes in an established: testing
process must be submittled in writing to. the Union for review and input no
fewer than sixty (60) days prior to the ,beginning of the process.
SECTION 37 PARAMEDI'G LIAISON
The Paramedics shall select. one ,Paramedic ;per shift. for a voluntary
assignment as the Paramedic Liaison wi:Eh the Department. There shall be
no cost to the City resulting frrom this assignment.
SECTION 38 'S'AFETY COMMITTEE
The Union sha71 appoinf one member _tQ the Departmental Safety
Committee
SECTION 39- FIRE ;INSPEC'TOR ,
The Fire Inspecber shall enjoy all. rights sand benefits retained by all
other personnel in Unit 7, except as differentiated hereunder:
Work .Week Work week. ,sh'all be forty (4`0) :hours during the same
hours as other forty (?40) hour City employees.
Overtime One and 1/2 times hourly rate for all hours over 8. hours per
-day .
Holiday. 4Jith .respect to holiday pay, the ,Fire Inspector shall
continue to utilize existing pract'~e (receive the holiday off
I4 .
t;
,. ,
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with pay;) as other forty hour employees of tYie' City
'During the Fiscal Year the City w1L, AutYiorize 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. Employee hired between July 1., and December 3,1,.
will be eligible 'for a Floating Holiday during the course of
the Fiscal Year.
Vacation Amount of Service
Orie of five years
Six ~ .ten years
After ten' year"s
Vacation
Two weeks
Three ,Weeks
One additiflnal day for
each year of service to
a maximum of four weeks.
The Fire Inspector may defer five (5) days annual vacation leave per year
with the apprroval of the Fire .Chief to a maximum of two years accrual.
Sick Leave Accrual ~ Eight ('8) hours per month. with unlimited
accumulation .
Rate of Usage Each day shall"be .charged against the employee's
s~k leave at 'the rate 'of eight (8~) hours or lass,
if actual sick leave usage. is less.
SECTION 40 SAVINGS CLAUSE;
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 admitvstrative tribunal. or board, such invalidation
shall not affect the remaining portions of the :Memorandum.
SE'C'TION 41 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 Under"standing,.. T:he parties further ,agree that the
M O U repr-esents the .comphte agreement between them .
POS;T.SCRIPT
The .;parties. ,affix. their signatures 'as constituting mutual acceptance
and.. recommendation of this :Memorandum, of Understanding to become
effe`cfive July 1, 199:1 upon acceptance. and approval of the City Council.
INTERN`A' IONAL ASSOCIATION OF FIRE!. FIGHTERS, LOCAL #14'15
(PE.T A)`
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C ., =F PETAL' A _