HomeMy WebLinkAboutItem 2h: Resolution 6792 - Compensation and Benefits for Arcadia Firefighters' Association fTY � `
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O-PORATIO STAFF REPORT
Administrative Services Department
DATE: August 16, 2011
TO: Mayor and City Council
FROM: Hue C. Quach, Administrative Services Director
Michael A. Casalou, Human Resources Administrate
SUBJECT: Resolution No. 6792 establishing compensation and related benefits for
employees represented by the Arcadia Firefighters' Association (AFFA) for
July 1, 2011 through June 30, 2014
Recommendation: Adopt
SUMMARY
Resolution No. 6792 establishes terms of employment and compensation for City
employees represented by the Arcadia Firefighters' Association (AFFA). Pursuant to
the Meyers-Milias-Brown Act, the City has met and conferred in good faith concerning
wages, benefits and working conditions with the AFFA. Staff is recommending the City
Council adopt Resolution No. 6792, establishing compensation and benefits as outlined
in the Memorandum of Understanding (MOU) effective July 1, 2011 through June 30,
2014.
DISCUSSION
City labor negotiators recently completed discussions with the AFFA's negotiating
committee, primarily discussing pension reform items. The resolution presented for
adoption reflects a continuation of past compensation and benefits, as well as new
items where agreements have been reached. Other issues not addressed below shall
remain in full force and effect as set forth in the existing MOU. The proposed term of
the agreement is July 1, 2011 through June 30, 2014. The conditions of the agreement
were approved by the AFFA membership on July 18, 2011.
The new MOU provides for AFFA members to begin contributing 3% of salary, effective
July 1, 2011, to offset a portion of the City's costs related to CaIPERS retirement
benefits pursuant to §20516(f) (Employee Sharing Cost of Additional Benefits).
Additionally, effective July 1, 2012 and July 1, 2013, members will contribute an
additional 3%, for a total of 9%.
The employee cost-sharing will be accomplished through pre-tax deductions in the
manner contemplated by §20516(f) of the Government Code. The City recognizes that
the IRS has yet to take a position on the pre-tax status of deductions made under
§20516(f) and in the event that, subsequent to the effective date of this provision, the
Mayor and City Council
August 16, 2011
Page 2 of 2
IRS determines that such deductions do not qualify for pre-tax status, the City agrees
to meet and discuss the effects thereof.
Other pension reform changes include amending the current contract with CaIPERS by
adopting a 2nd Tier Retirement formula for new hires of 3% @ 55 with the Three Year
Average Final Compensation (This staff report is being presented simultaneously and
requires adoption of a resolution and introduces an ordinance to be effective October 9,
2011); capping the maximum monthly retiree health benefit contribution made by the
City for existing employees who retire on or after January 1, 2012; and employees hired
on or after July 1, 2011 will only be eligible for retiree health insurance benefits at the
mandatory minimum contribution established by California Government Code Section
22892(b).
In addition to the items mentioned above, Resolution No. 6792 incorporates new salary
schedules through June 30, 2014. Effective July 1 , 2011, base salaries for AFFA
members will increase in the amount of three percent (3%). Thereafter, the base
salaries will increase in the amount of three percent (3%) effective July 1, 2012 and July
1, 2013 respectively. The salary schedules for the classifications covered by this MOU
are set forth on Exhibit "A".
The proposed MOU also contains minor administrative and language changes to the
sections covering Health Insurance (revision needed to conform to CaIPERS
regulations), Military Leave, Sick Leave, and Vacation Leave.
FISCAL IMPACT
The aforementioned pension reform items will provide significant long term savings to
the City. Sufficient funds are available in the FY 2011-12 General and Non-General
Funds Budgets to implement these changes.
RECOMMENDATION
Adopt Resolution No. 6792 of the City Council of the City of Arcadia, California
establishing compensation and related benefits for employees represented by the
Arcadia Firefighters' Association for July 1, 2011 through June 30, 2014.
APPROVED:
Don Penman, City Manager
RESOLUTION NO. 6792
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING ESTABLISHING COMPENSATION AND
RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE
ARCADIA FIREFIGHTERS' ASSOCIATION ("AFFA") FOR JULY 1,
2011 THROUGH JUNE 30, 2014
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves that certain Memorandum of
Understanding ("MOU") by and between the City of Arcadia and the Arcadia
Firefighters' Association ("AFFA") dated effective as of July 1, 2011, a copy of which is
attached hereto. The City Manager is hereby authorized and directed to execute this
Memorandum of Understanding on behalf of the City. The salary and benefits for
employees represented by AFFA shall be those set forth in the Memorandum of
Understanding.
SECTION 2. This Resolution shall become effective immediately upon its
adoption and the City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of , 2011.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
P.tellb,.. ir-eA ,e
Stephen P. Deitsch
City Attorney
CITY OF ARCADIA
AND
ARCADIA FIREFIGHTERS' ASSOCIATION
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ARCADIA
MEMORANDUM OF UNDERSTANDING
JULY 1 , 2011 - JUNE 30, 2014
TABLE OF CONTENTS
Page
ARTICLE I 1
Section A. PARTIES AND RECOGNITION 1
Section B. APPROPRIATE UNIT 1
Section C. MUTUAL RECOMMENDATION 1
ARTICLE II 1
Section A. TERM 1
Section B. MAINTENANCE OF BENEFITS 1
Section C. SAVINGS CLAUSE 2
Section D. STATE AND FEDERAL LAWS 2
ARTICLE III ASSOCIATION RIGHTS 2
Section A. RIGHT TO JOIN 2
Section B. USE OF BULLETIN BOARDS 2
Section C. PAYROLL DEDUCTION 3
Section D. ACCESS TO FACILITIES 3
Section E. REASONABLE NOTICE 4
ARTICLE IV MANAGEMENT RIGHTS 4
ARTICLE V COMPENSATION 4
Section A CLASSIFICATIONS/SURVEYS/STUDIES 4
Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION 5
Section C. EDUCATIONAL INCENTIVE COMPENSATION 5
Section D. STEP INCREASE PERCENTAGES 6
Section E. FIRE PREVENTION BUREAU ASSIGNMENT 6
Section F. CAPTAIN II COMPENSATION 7
Section G. ADMINISTRATIVE CAPTAIN COMPENSATION 7
Section H. URBAN SEARCH AND RESCUE COMPENSATION 7
Section I. OUT OF RANK PARAMEDIC COMPENSATION 7
Section J. SPECIAL ASSIGNMENT COMPENSATION 7
Section K. MOVIE DETAIL 8
ARTICLE VI OVERTIME 8
Section A. MAY BE REQUIRED 8
Section B. FAIR LABOR STANDARDS ACT 8
Section C. MINIMUM CREDIT AND EMERGENCY RECALL 8
Section D. SHIFT EXCHANGES 9
Section E. SHIFT SCHEDULE 9
ARTICLE VII STABILITY PAY/LONGEVITY PAY 9
Section A. STABILITY PAY 9
Section B. LONGEVITY PAY 9
I I
ARTICLE VIII RETIREMENT 10
ARTICLE IX HEALTH, DENTAL AND LIFE INSURANCE 12
Section A. CONTRIBUTIONS 12
Section B. RETIREE HEALTH INSURANCE 14
ARTICLE X DISABILITY INCOME INSURANCE 17
ARTICLE XI UNIFORMS 17
ARTICLE XII TUITION LOAN/REIMBURSEMENT 18
ARTICLE XIII LEAVES 19
Section A. POWER TO GRANT LEAVES 19
Section B. MILITARY LEAVE 20
Section C. VACATION LEAVE 21
Section D. SICK LEAVE 23
Section E. BEREAVEMENT LEAVE 25
Section F. WORKERS' COMPENSATION 25
Section G. HOLIDAYS 25
Section H. JURY LEAVE 26
Section I. WITNESS LEAVE 26
Section J. UNAUTHORIZED ABSENCE 26
Section K. UNION LEAVE 26
ARTICLE XIV PROBATIONARY PERIOD 26
ARTICLE XV EMT-1 CERTIFICATION 27
ARTICLE XVI NO SMOKING POLICY 27
ARTICLE XVII RESPONSE TIME 27
ARTICLE XVIII STAFFING 28
Section A. Daily Staffing Levels 28
Section B. Strike Team Rest Period 28
ARTICLE XIX WELLNESS PROGRAM 28
ARTICLE XX EMPLOYEE GRIEVANCES 29
Section A. DEFINITIONS 29
Section B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE 29
Section C. TIMELINESS 30
Section D. EMPLOYEE REPRESENTATION 30
Section E. INFORMAL GRIEVANCE PROCEDURE 30
Section F. FORMAL GRIEVANCE PROCEDURE 30
Section F. APPEAL TO HUMAN RESOURCES COMMISSION 32
ARTICLE XXI FULL UNDERSTANDING 37
2011 NEGOTIATION TEAMS 38
III
ARTICLE I
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between
the management representatives of the City of Arcadia, hereinafter
referred to as the "City" and representatives of the Arcadia Firefighters'
Association, a formally recognized employee organization, hereinafter
referred to as the "Association", pursuant to the provisions of the
Meyers-Milias-Brown Act (Government Code Sections 3500 et. seq.).
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
• Firefighter
• Firefighter Paramedic
• Fire Engineer
• Fire Captain
Section C. MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual
recommendation to be presented to the Association members for
ratification, and to the City Council for adoption.
ARTICLE II
Section A. TERM
The parties have met and conferred in good faith regarding wages, hours
and other terms and conditions of employment and it is mutually agreed
that this Memorandum of Understanding shall be effective for the period
beginning July 1, 2011 and ending June 30, 2014.
Section B. MAINTENANCE OF BENEFITS
For the term of this MOU, all currently effective provisions of the City
Council, including ordinances, resolutions, mini-resolutions and budgets
relating to any mandatory item of the meet and confer process shall
remain in effect as currently administered except as modified by this
Agreement.
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Section C. SAVINGS CLAUSE
If any provision or the application of any provision of this Agreement as
implemented should be rendered or declared invalid by any final court
action or decree or by reasons of any preemptive legislation, such
provision shall be deemed stricken from the Agreement, and any right,
benefit or obligation conferred by that provision shall be discontinued. The
remaining Sections of this Agreement shall remain in full force and effect
for the duration of said Agreement.
Section D. STATE AND FEDERAL LAWS
The City and Association agree to abide by all State and Federal laws
relating to employer-employee relations and employee benefits, and
perceived infractions shall not be a grievous offense, but must be pursued
through proper legal channels.
ARTICLE III ASSOCIATION RIGHTS
Section A. RIGHT TO JOIN
The City and the Association recognize the right of the employees to form,
join and participate in lawful activities of employee organizations and the
equal alternative right of employees to refuse to join or participate in
employee organization activities.
Section B. USE OF BULLETIN BOARDS
The City shall provide for the Association's use designated bulletin boards
where employees in the bargaining unit have access during regular
business hours subject to the following conditions:
1. All postings for bulletin boards must contain the date of
posting and the identification of the organization; and
2. The Association will not post information which is
defamatory, derogatory or obscene subject to the immediate
removal of the right to post for a period not to exceed 90
days.
2
Section C. PAYROLL DEDUCTION
The City will deduct from the pay of Association members the normal and
regular monthly Association membership dues as voluntarily authorized in
writing by the employee on the City form subject to the following
conditions:
1. Such deduction shall be made only upon submission of the
City form to the designated City representative. Said form
shall be duly completed and signed by the employee.
2. The City shall not be obligated to put into effect any new,
changed or discontinued deduction until the pay period
commencing fifteen (15) days or longer after such
submission.
Section D. ACCESS TO FACILITIES
All Association business will be conducted by employees and Association
representatives outside of established work hours whenever possible.
Nothing herein shall be construed to prevent an Association
representative or an employee from contacting the Human Resources
Administrator or other management representatives regarding personnel
related matters during work hours.
The authorized representative shall be given access to work locations
during working hours provided that prior to visiting any work location the
Association representative shall:
1. Contact the Human Resources Administrator, the Fire Chief or
his/her designee, to state the purpose of his/her visiting; and
2. The Human Resources Administrator, the Fire Chief or his
designee determines that such visit shall not interfere with
the operations of the department.
3
Section E. REASONABLE NOTICE
It is mutually understood and agreed that a copy (via the United States
Postal Service) of the City Council and/or Human Resources Commission
agenda for each meeting mailed to three authorized representatives of the
Association shall constitute reasonable written notice of any opportunity to
meet with such agencies, on all matters within the scope of representation
upon which the City Council or Human Resources Commission may act.
The Association shall provide the Human Resources Administrator with
the names and addresses of the three (3) authorized representatives
within five (5) days of the effective date of this agreement. Changes of
authorized representatives shall be in writing and may be submitted on an
as needed basis.
ARTICLE IV MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Agreement, the City hereby
retains and reserves unto itself all rights, powers, authority, duty and responsibilities
confirmed on and vested in it by the laws and the constitution of the State of California,
the Charter of the City of Arcadia and/or the laws and Constitution of the United States
of America.
The management and the direction of the workforce of the City is vested exclusively in
the City, and nothing in this Agreement is intended to circumscribe or modify the
existing rights of the City to direct the work of its employees; hire, promote, demote,
transfer, assign, staff and retain employees in positions within the City, subject to the
Personnel Rules and Regulations of the City; suspend or discharge employees for
proper cause; maintain the efficiency of governmental operations; relieve employees
from duties for lack of work or other good reason; take action as may be necessary to
carry out the City's mission and services in emergencies; and to determine the methods,
means and personnel by which the operations are to be carried out.
ARTICLE V COMPENSATION
Section A. CLASSIFICATIONS/SURVEYS/STUDIES
The City agrees to increase base salaries of classifications covered by this
MOU in the amount of 3% effective July 1, 2011, July 1, 2012, and on July
1, 2013. The salary schedules for classifications covered by this MOU are
set forth on Exhibit "A" and incorporated herein.
In the event the City conducts another compensation study in the future,
the City agrees to include EMT Bonus Pay of the surveyed cities as a
component of base pay.
4
The City's last Labor Market Salary Survey was completed April 2007 and
revised June 2007. The survey utilized a labor market for the City, which
included fire service salary data for the County of Los Angeles, and the
cities of Alhambra, Burbank, Downey, Monrovia, Monterey Park,
Pasadena, Redondo Beach and West Covina.
In the event that one or more of the above cities discontinues operating a
City fire department, the following cities, in this order, shall be used to
replace any such city: 1) Culver City and 2) Manhattan Beach.
The classifications Firefighter and Fire Captain are benchmark classes
within the survey.
Section B. PROMOTION OR ADVANCEMENT IN RATE OF
COMPENSATION
When an employee is promoted, the pay shall advance to the lowest step
in such higher range that will provide not less than approximately a 5.0%
increase in compensation unless the top step in such range provides less
than that amount. The 5.0% shall be measured by the salary from which
the employee is promoted.
When an employee is promoted to a higher classification, the date of
promotion shall be used in determining the date of future step increases.
Any salary increases members are due from promotions or new hires shall
continue to be received in accordance with the AFFA Memorandum of
Understanding and City Rules and Regulations. These increases shall
take place on their hire date or their appointment/promotion date.
Section C. EDUCATIONAL INCENTIVE COMPENSATION
Qualified employees who possess an Associate of Arts degree, shall
receive an additional 2.5% as their regular salary. Employees who
possess a Bachelor of Arts or Science degree shall receive an additional
5% as their regular salary.
Employees shall qualify for the Education Incentive Compensation
increases when they have been awarded a degree in a field closely
related to their job duties. Typical fields of specialization include Fire
Science, Fire Administration, Management, Business Administration,
Psychology, Sociology, Nursing, Allied Health, Emergency Medical
Services, and Public Administration. Other areas of specialization will be
considered when they are of direct benefit to the City with the approval of
the Fire Chief and Human Resources Administrator.
5
An employee who does not possess a degree, but has 60 or more college
units acceptable to a college or university which is accredited by the
California Department of Education towards a Baccalaureate degree and
has completed a minimum of 20 units in fire related courses acceptable to
an accredited California Junior College towards an Associate of Arts
Degree in Fire Science, Fire Administration, Emergency Medical Services
or related degree shall receive an additional 2.5% as their regular salary.
Degrees shall be granted by colleges and universities which are fully
accredited in the state of California.
Members who qualify for any step advancement based on education shall
provide to the Fire Chief a copy of their transcript which demonstrates that
qualified units were achieved or the notation of the degree received. The
copy of the transcript will become part of the individual's personnel file.
Section D. STEP INCREASE PERCENTAGES
The parties acknowledge that the percentages between steps shall be as
close to 2.5% as the payroll computer's capability allows.
Section E. FIRE PREVENTION BUREAU ASSIGNMENT
Fire suppression personnel assigned to the Fire Prevention Bureau shall
receive $69.23 per pay period in addition to their base salary. Thereafter,
the Fire Chief shall set the stipends for this assignment on an annual basis
no less than the current MOU provision.
During the term of this Agreement, non-shift (40 hour work week)
Firefighter personnel assigned to the Fire Prevention Bureau as a Deputy
Fire Marshal shall be paid at the same salary range as Fire Captain.
In accordance with the provisions of the Fair Labor Standards Act, this
additional compensation shall be added to base pay for the computation of
overtime for the positions mentioned above.
Employees assigned to the Fire Prevention Bureau on a modified work
basis (temporary or permanent assignment) due to either an on-the-job or
off-the-job illness or injury shall not receive the additional assignment pay.
Employees regularly assigned to the Fire Prevention Bureau, who are
injured (illness) and thereafter return to the assignment on a modified work
basis, shall not lose their assignment pay.
6
Section F. CAPTAIN II COMPENSATION
Except as provided hereinafter, during the term of this Agreement a Fire
Captain assigned by the Fire Chief to be in command of a Truck Company
shall be appointed to Fire Captain II. A Fire Captain assigned by the Fire
Chief to serve as Fire Captain II shall receive 5% in addition to his/her
base salary during the period of the assignment as Captain II.
Section G. ADMINISTRATIVE CAPTAIN COMPENSATION
During the term of this Agreement a Fire Captain with a Bachelors
Degree, assigned by the Fire Chief to be an Administrative Captain shall
receive $260 per pay period in addition to his/her base salary during the
period of the assignment as the Administrative Captain.
During the term of this Agreement a Fire Captain with an Associate
Degree or equivalent, assigned by the Fire Chief to be an Administrative
Captain shall receive $255 per pay period in addition to his/her base
salary during the period of the assignment as the Administrative Captain.
Section H. URBAN SEARCH AND RESCUE COMPENSATION
During the term of this Agreement, any represented employee who meets
the State Office of Emergency Services minimum training standards for
Type I Urban Search and Rescue shall receive $50 per pay period in
addition to their base salary.
Section I. OUT OF RANK PARAMEDIC COMPENSATION
During the term of this Agreement, a represented employee who is not
assigned as a Firefighter/Paramedic and maintains their Paramedic
Certification shall receive $50 per pay period in addition to their base
salary.
Section J. SPECIAL ASSIGNMENT COMPENSATION
A maximum of 10 members represented by this Agreement who perform
special assignments as identified by the Fire Chief shall receive $25 per
pay period.
These positions shall include the following: Maintenance Coordinator,
Communications Coordinator, Paramedic Coordinator, SCBA Coordinator,
(3) Shift Arson Investigator, (3) Background Investigator. No employee
shall be compensated for performing more than one of these positions.
7
Section K. MOVIE DETAIL
Employees represented by this Agreement shall receive $43.34 per hour,
with a six (6) hour minimum at time and one half for all movie detail
worked. In the event of a Movie Detail Cancellation, Arcadia Fire
Departmental Policy number 110.1, "Movie Detail Cancellations" will be
followed.
ARTICLE VI OVERTIME
Section A. The Fire Chief may require employees in the Fire Department to
work at any time other than during regular working hours until such
work is accomplished.
Section B. FAIR LABOR STANDARDS ACT
For periods of time that the Fair Labor Standards Act applies to
employees in classifications covered by this Agreement, any such
employee who is required to work in excess of the standard hours
established by the Act (currently 204 hours in a 27 day period) shall be
compensated at the rate of time and one-half the employee's regular rate
of pay, provided the employee is not otherwise exempt. Computation of
overtime and payment for overtime shall comply with the Department of
Labor regulations.
Except as provided hereinafter, for purposes of overtime calculation, all
paid leaves of absence shall be regarded as hours worked, except sick
leave. Sick leave will be regarded as hours worked for any member of this
unit with 25 years of service or more with the City of Arcadia. No overtime
credit shall be allowed for any period less than one-quarter hour.
Section C. MINIMUM CREDIT AND EMERGENCY RECALL
No overtime credit shall be allowed for any period less than one-quarter
hour, provided that an employee who is recalled to work after completing a
day's work, including any overtime, shall receive a minimum credit of one
hour at time and one-half at his hourly rate. Emergency Recall for sworn
classifications shall receive a minimum credit of two (2) hours overtime at
the employee's hourly rate. This also includes members who have
reported for duty under normal hiring procedures.
8
Section D. SHIFT EXCHANGES
Unit members may voluntarily trade shifts among themselves. While the
employees' supervisors must approve the shift trade in writing, no
supervisor will require, reward or otherwise compel employees to trade
shifts. An employee may refuse to participate in any shift trade without
explanation. Supervisors establish the employees' schedules to meet the
needs of the Department and therefore, shift trading is exclusively for the
employees' convenience.
A shift trade under this article results in one (1) employee working the shift
of another employee or a portion thereof. Both employees will be paid
their regular wages for the work-week in which the shift occurred. The
employee working the extra shift will receive no overtime compensation for
doing so. The employee whose shift was worked by another employee
will not forfeit any compensation as a result of the trade.
Section E. SHIFT SCHEDULE
The City agrees to re-open this Agreement to discuss the potential
implementation of the 48/96 work schedule if 50% of professional Area C
Fire Departments move to the 48/96 schedule. This provision should not
be construed in any way, whatsoever, to require the City to implement the
48/96 work schedule.
ARTICLE VII STABILITY PAY/LONGEVITY PAY
Section A. STABILITY PAY See Side Letter as Exhibit B
Section B. LONGEVITY PAY
Effective January 1, 2009, a Longevity Pay benefit will be implemented
based on the following formula:
Completed Years of Continuous Service Amount Per Pay Period
5 —9 Years $38.462
10 — 14 Years $57.693
15 Years and beyond $76.924
The Longevity Pay benefit is effective the pay period an employee
completes 5, 10 or 15 years of continuous employment with the City. The
foregoing amounts shall be subject to applicable payroll deductions.
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ARTICLE VIII RETIREMENT
Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011
The City contracts with the State of California Public Employees
Retirement System (CaIPERS) for the classifications of Firefighter,
Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan
shall include the following options:
1. 3% at age 50 retirement formula.
2. Single highest year final compensation.
3. Post Retirement Survivor Continuance.
4. Credit for unused sick leave (Sec.20862.8).
5. 1959 Survivors Benefit for which each employee contributes
ninety-three cents ($.93) per pay period.
6. Fourth level 1959 Survivors Benefit increased allowance, Sec.
21382.4.
7. The City agrees to contract with CaIPERS to provide a military
service credit as public service option, Section 21024. It is
agreed and understood that the employee is responsible for
paying for this benefit.
8. The City agrees to allow members to participate in a pre-tax
payroll deduction plan for service credit purchases.
9. Provided the employee signs a waiver releasing and holding
the City harmless, from any liability, whatsoever, the City
agrees to allow members to use funds from their deferred
compensation (457 Plan) towards the pre-tax payroll
deduction plan for service credit purchases.
10. Special compensation items shall be reported to CaIPERS in
accordance with applicable law.
11. Effective July 1, 2011, employees agree to make
contributions to offset a portion of the City's costs related to
CaIPERS retirement benefits. The employee cost-sharing
will be accomplished through pre-tax deductions in the
manner contemplated by Government Code §20516(f). the
parties recognize that the IRS has yet to take a position on
the pre-tax status of deductions made under §20516(f) and
in the event that, subsequent to the effective date of this
provision, the IRS determines that such deductions do not
qualify for pre-tax status, the parties agree to meet and
discuss the effects thereof. The cost-sharing arrangement
will be implemented as follows:
a. Effective July 1, 2011, employees will pay three
percent (3%) of PERSable compensation to
CaIPERS retirement via payroll deduction;
10
b. Effective July 1, 2012, employees will pay an
additional three percent (3%) of PERSable
compensation to CaIPERS retirement for a total of
six percent (6%) via payroll deduction; and
c. Effective July 1, 2013, employees will pay an
additional three percent (3%) of PERSable
compensation to CaIPERS retirement for a total of
nine percent (9%) via payroll deduction.
12. The City shall continue to pay the full cost of the employees'
normal member contribution to CaIPERS of nine percent
(9%) (EPMC) and shall continue to report that as additional
compensation pursuant to Government Code §20636(c)(4).
Further, said amount will be allocated to the employee's
retirement account.
Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011
For employees hired on or after July 1, 2011, the City will execute a
contract amendment for a 2nd Tier of retirement benefits with CaIPERS for
the following benefits:
1. 3% at age 55 retirement formula;
2. Three (3) year average final compensation period;
3. Post Retirement Survivor Continuance;
4. Credit for unused sick leave;
5. 1959 Survivors Benefit for which each employee contributes
ninety-three cents ($.93) per pay period;
6. Fourth level 1959 Survivor's Benefit increased allowance;
7. The City agrees to contract with CaIPERS to provide military
service credit as public service option. It is agreed and
understood that the employee is responsible for paying for this
benefit;
8. Employees will pay the full nine percent (9%) member
contribution to CaIPERS on a pre-tax basis via payroll
deduction;
9. The City agrees to allow members to participate in a pre-tax
payroll deduction plan for service credit purchases;
10.Provided the employee signs a waiver releasing and holding the
City harmless from any liability, whatsoever, the City agrees to
allow members to use funds from their deferred compensation
(457 plan) towards the pre-tax payroll deduction plan for service
credit purchases;
11.Special compensation items shall be reported to CaIPERS in
accordance with applicable law; and
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12.Notwithstanding the foregoing, an employee hired on or after
July 1, 2011, but before the 2nd Tier retirement benefits are
effective, shall receive the retirement benefits in effect on the
date of hire; provided, however, the employee shall pay the full
member contribution of nine percent (9%) from the date of hire.
ARTICLE IX HEALTH, DENTAL AND LIFE INSURANCE
Section A. CONTRIBUTIONS
The City shall provide regular full-time employees in a classification
represented by this Agreement with the following contributions:
1. CaIPERS Health Program. The City will contribute the
minimum employer contribution required pursuant to
Government Code §22892(b) ("Minimum Contribution") per
month per employee for health insurance.
2. Dental Insurance — mandatory enrollment. The City will
contribute the employee only cost for DeltaCare USA
insurance per month ("Dental Contribution") toward one of
two dental plans. Additional coverage may be purchased
through the Optional benefits allocation.
3. Optional Benefits. Subject to the limits set forth herein, the
City shall contribute the remaining amount of employee's
health and dental insurance benefit allowance through a
contribution to an Internal Revenue Code §125 Cafeteria
Plan as follows:
a. Single employees without dependents, hereinafter
referred to as "Employee Only," shall receive a
contribution from the City, inclusive of the Minimum
Contribution and Dental Contribution, toward the cost of
premiums not to exceed $553/month.
b. Employees with one qualified dependent hereinafter
referred to as "Employee + 1" shall receive a contribution
from the City, inclusive of the Minimum Contribution and
Dental Contribution, towards the cost of premiums not to
exceed $879/month.
c. Employees with two or more qualified dependents,
hereinafter referred to as "Family," shall receive a
contribution from the City, inclusive of the Minimum
Contribution and Dental Contribution, towards the cost of
premiums not to exceed $1,085/month.
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For example, an employee shall receive a monthly contribution
from the City as follows:
Employee Only Employee + 1 Family
PEMHCA minimum $108.00* $108.00* $ 108.00*
Minimum Dental $ 16.93* $ 16.93* $ 16.93*
Optional Benefits $428.07* $754.07* $ 960.07*
Total $553.00 $879.00 $1,085.00
For the duration of this Agreement, the City will not reduce the
benefit allowance amounts stated in this MOU, nor will they pay
less than the minimum contributions outlined in this section.
* Numbers used in this example are 2011 rates.
If the premium cost of the health and dental plans in which an
employee enrolls exceeds the City's benefit contribution, the
employee shall pay through payroll deduction the difference
between the monthly premium and the amount contributed by the
City. The employee shall forfeit any balance should the City's
contribution exceed the cost of the premium.
The employee's exercise of the option to use the difference toward
dependent health coverage is subject to the conditions controlling
enrollment periods and eligibility established by the respective
plans or carriers.
Dependent enrollment will require proof of eligibility for dependent
status including social security number, marriage, birth and/or
adoption certificates.
4. Life Insurance. The City shall provide a $25,000 life
insurance/$50,000 accidental death and dismemberment
benefit for eligible employees.
The City agrees to pay up to $10,000 for funeral expenses
for members killed in the line of duty or work related death
within five (5) years after retirement.
5. Vision Plan. The City shall provide each employee with a
vision plan, with the City paying the premium in fiscal years
FY11-12, FY12-13, and FY13-14. The vision plan will be
Vision Service Plan, Option B. The City will pay the
premium up to the cost of the family plan.
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Section B. RETIREE HEALTH — EMPLOYEES HIRED BEFORE JULY 1, 2011
1. Tier 1 Retirees. For employees hired before July 1, 2011
and retiring from the City on or after July 1, 2007 through
December 31, 2011 ("Tier 1 Retirees"), the City agrees to
provide a monthly health insurance premium ("Premium
Payment") for the purpose of purchasing health coverage
offered through the CaIPERS health program as governed
by the Public Employees' Medical & Hospital Care Act
("PEMHCA") for the Tier I Retirees and his or her spouse in
an amount not to exceed the monthly premium applicable to
the coverage level for the retiree (i.e. Employee Only or
Employee + spouse) under the PERS Choice plan* (*rates
are determined by region of residence). The Premium
payment shall be payable in the following form: (1) the
minimum employer contribution required pursuant to
Government Code §22892(c) ("Retiree Minimum
Contribution") payable directly to CaIPERS, and (2) a
reimbursement to the Tier 1 Retiree equal to the difference
between the cost of plan in which the Tier 1 Retiree enrolls,
subject to the foregoing cap, and the Retiree Minimum
Contribution ("Reimbursement").
If a retiree enrolls in a more expensive plan, he or she will be
responsible for payment of any premium in excess of the
capped amount. The Reimbursement shall cease for the
Tier 1 Retiree upon eligibility for Medicare coverage, and the
Reimbursement shall cease for the spouse upon eligibility for
Medicare coverage, or after 15 years, whichever occurs first
Tier 1 Retirees must be "eligible retirees" in order to receive
the benefits described in this paragraph,
2. Tier 2 Retirees. For employee hired before July 1, 2011,
and retiring from the City on or after January 1, 2012 ("Tier 2
Retirees"), the City agrees to provide a Premium Payment
for the purpose of purchasing health coverage offered
through PEMHCA for the Tier 2 Retiree and his/her spouse
in an amount not to exceed the monthly premium applicable
to the coverage level for the retiree (i.e. Employee Only or
Employee + spouse) in an amount not to exceed the 2012
PERS Choice plan* (*rates are determined by region or
residence, Los Angeles Area rates for 2012: employee only
$505.63, employee + spouse $1,011.26). The Premium
Payment shall be payable in the following form: (1) Retiree
Minimum Contribution payable directly to CaIPERS, and
(2) a reimbursement to the Tier 2 Retiree equal to the
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difference between the cost of plan in which the Tier 2
Retiree enrolls, subject to the foregoing cap, and the Retiree
Minimum Contribution ("Reimbursement"). If a retiree enrolls
in a more expensive plan, he or she will be responsible for
payment of any premium in excess of the capped amount.
The Reimbursement shall cease for the Tier II Retiree upon
eligibility for Medicare coverage, and the Reimbursement
shall cease upon eligibility for Medicare coverage, or after 15
years, whichever occurs first.
Tier II Retirees must be "eligible retirees" in order to receive
the benefits described in this paragraph.
3. An "eligible retiree" is a sworn unit member who retires on a
service, disability, or industrial disability retirement and has
1,500 hours of accumulated sick leave at the date of
retirement. An employee who has fewer than 1,500 hours of
accumulated sick leave at the date of retirement may
become eligible for coverage for the employee and spouse
health insurance premium by paying the City an amount
equal to his/her daily pay rate at the time of retirement times
the number of days needed to meet the 1,500 hours of
accumulated sick leave requirement. There are three (3)
conditions for employees to be eligible to exercise this
buyback provision:
a. The employee must be at least 50 years old;
b. The employee must have worked full-time continuously
for the City of Arcadia for a minimum of 15 years; and
c. The employee is limited to purchasing a maximum of 500
hours of sick leave; provided, however, upon verification
of information from a qualified medical provider that an
employee has substantially depleted the employee's sick
leave accrual due to an absence or absences caused by
a serious illness or injury suffered by the employee or a
family dependent living in the employee's household, this
purchase limitation of 500 hours will be excused.
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4. 40-Hour Week Schedule. A unit member assigned to a
40-Hour week schedule who retires on a service, disability,
or industrial disability retirement and has 1,000 hours of
accumulated sick leave at the date of retirement, is also an
"eligible retiree." An employee in the 40-hour week who has
fewer than 1,000 hours of accumulated sick leave at the date
of retirement may become eligible for coverage for employee
and spouse health insurance premium by paying the City an
amount equal to his/her hourly pay rate at the time of
retirement times the number of hours needed to meet the
1,000 hours of accumulated sick leave requirement. There
are three (3) conditions for an employee assigned to a
40 hour workweek to be eligible to exercise this buyback
provision:
a. The employee must be at least 50 years old;
b. The employee must have worked full-time continuously
for the City of Arcadia for a minimum of 15 years; and
c. The employee is limited to purchasing a maximum of 350
hours of sick leave; provided, however, upon verification
of information from a qualified medical provider that an
employee has substantially depleted the employee's sick
leave accrual due to an absence or absences caused by
a serious illness or injury suffered by the employee or a
family dependent living in the employee's household, this
purchase limitation of 350 hours will be excused.
In addition, the eligible employee must apply prior to retirement for such
coverage through the City's Human Resources Division. The Association
shall notify the City's Human Resources Division in the event of the death
of a retired member.
In order to be eligible for retiree health coverage, the employee, and if
applicable, the employee's spouse, must be enrolled in a City-sponsored
health plan as of the retiree's last day of work and maintain eligibility to
continue in the CaIPERS Health Program as stipulated by the Health
Program.
Section C. RETIREE HEALTH — EMPLOYEES HIRED ON OR AFTER JULY 1, 2011
Tier 3 Retirees. For employees hired on or after July 1, 2011 that retire
from the City and who remain enrolled in a PEHMCA health plan after
retirement (Tier 3 Retiree), the City will pay no more than the Retiree
Minimum Contribution. Tier 3 Retirees shall not be reimbursed or
otherwise receive payment from the City for health insurance premiums in
excess of the Retiree Minimum Contribution.
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ARTICLE X DISABILITY INCOME INSURANCE
Section A. Effective July 1, 2001, the City will no longer pay for disability
income insurance for represented employees. The Association
agrees to purchase its own disability insurance through payroll
deductions.
Section B. The Association agrees to coordinate the change in carriers.
ARTICLE XI UNIFORMS
Section A. The initial supply of uniforms is: 4 pair of work pants, 3 work shirts,
1 belt, 1 belt buckle, 2 pair of work boots, badge, and a work jacket.
The Captain class "A" uniform includes: 1 pair of dress pants, a Double
Breasted jacket, white long sleeve shirt, tie, billed hat and dress badge
The Firefighter, Firefighter/Paramedic and Fire Engineer class "A" uniform
includes: 1 pair of dress pants, 1 dress shirt, tie, billed hat and dress
badge.
The above items are supplied upon employment to all personnel and
Captain class "A" uniform immediately following promotion.
Section B. There shall be a Uniform Replacement Program for the following
items:
1. Shirts
2. Trousers
3. Work Jacket
The program shall be administered by, and at the discretion of the City, for
the purpose of providing replacement of worn items only.
Section C. The City of Arcadia shall set standards for footwear in the Arcadia
Fire Department. The City shall provide a safety boot for each
member of the Fire Department who is involved in the suppression
of fires. This boot will be required footwear for the department.
The total cost of the safety boot shall be borne by the City.
Increases in cost for the safety boot shall also be absorbed by the
City. The only footwear cost the City will pay is for the safety boot.
Responsibility for standards of footwear is the City's alone.
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Section D. Upon termination of employment the employee shall turn in all
current uniforms issued in his/her possession, or shall have a dollar
amount equal to the lost uniforms' cost deducted from the
employee's final check.
Section E. The City shall report $150 per quarter to PERS as special
compensation for department issued uniforms.
ARTICLE XII TUITION LOAN/REIMBURSEMENT
Employees shall be eligible for tuition advancement or reimbursement who have
completed at least one probationary period in the Classified Service, or one year of
continuous service if employment is "at-will," subject to the conditions below. To qualify
for tuition advancement/reimbursement, a Tuition Loan/ Reimbursement Form must be
submitted and pre-approved by the employee's Department Head and Human
Resources Administrator, before the course(s) begin.
Tuition loan or reimbursement shall only be for courses, specialized training, or degree
programs "job-related" that are directly related to the employee's position as determined
by the City Manager or designee.
The Tuition Loan/Reimbursement Program will operate on a fiscal year basis (July 1
through June 30) and shall be subject to the availability of funds as determined by the
City. The maximum loan or reimbursement amount shall be $4,126 for undergraduate
courses and $5,062 for graduate courses. Eligible fees include tuition, on campus
parking fees and textbooks. All other fees are subject to approval by the City. School
supplies are not reimbursable.
All course work must be completed while employed by the City of Arcadia with a
passing grade of "C" or equivalent when numerical score or pass/fail grade is given. If
the employee either does not receive a "C" or better or for any reason does not finish
the class, the advance is due and payable.
Any employee who shall voluntarily retire or terminate employment or be terminated for
disciplinary cause within one year from the completion of a class or classes shall refund
all tuition paid under this provision for those specific classes unless they were required
to attend by the appointing power. An employee who separates employment and who
received tuition advancement and did not complete a class or classes within one (1)
year from the advancement, shall refund all tuition advanced and be subject to the
provisions outlined in the Advanced Tuition Participation and Loan Agreement.
Employees who retire on a Disability or Industrial Disability Retirement, or are laid off
shall not be required to refund tuition fees.
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The City reserves the right to investigate any school and approve or disapprove it for
advancement or reimbursement if such action appears warranted. Courses must be
taken at an accredited education institution, which is defined as any college or university
which has been accredited by a recognized government or professional accrediting
body (as determined by the City). Additionally, the City reserves the right to deny any
course(s), specialized training or degree programs determined by the City Manager to
be non-job related.
ARTICLE XIII LEAVES
In accordance with the current Personnel Rules and Regulations of the City of
Arcadia, all leaves for classifications represented by this Agreement shall be
provided for as follows:
Section A. POWER TO GRANT LEAVES
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power
to grant leaves of absence with or without pay subject to the following
restrictions:
1. Length. Leave of absence without pay may be granted for a
period not to exceed one (1) year with the exception that
military leaves may be granted for the duration of a war or
national emergency or as required by the Military and
Veterans' code.
2. Reason. A leave of absence may be granted an employee,
provided he/she meets all other requirements set forth in this
rule, who desires to attend school or college or to enter
training to improve the quality of his/her service, who enters
military service of the United States, who is temporarily
incapacitated by illness, or who presents some other
reasons equally satisfactory.
3. Right to Return. The granting of a leave of absence without
pay confers upon the employee the right to return to his/her
classification before or at the expiration of his/her leave of
absence. Therefore, a leave of absence shall be granted
only to an employee who intends to return to his
classification with the City.
4. Service Record. No request for leave of absence will be
considered unless the employee presenting the request has
a satisfactory service record.
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An employee granted a leave of absence may be required by the
appointing power or the City Manager to successfully pass a medical
examination prior to being allowed to return to work.
The granting of a leave of absence of thirty (30) days or less, with or
without pay, shall not constitute an interruption of service within the
meaning of this subsection. The granting of a leave of absence with or
without pay of more than thirty (30) days shall constitute an interruption of
service unless, in the action granting such leave of absence, it is provided
that such leave of absence shall not constitute an interruption of service.
Section B. MILITARY LEAVE
Any employee who is a member of the reserve corps of the armed forces
of the United States or of the National Guard or the Navy Militia shall be
entitled to a temporary military leave of absence as provided by applicable
Federal law and applicable California State law.
To be eligible for paid leave for thirty (30) calendar days of active military
training, an employee must have been employed by the City for a period
of not less than one (1) year immediately prior to the day on which the
leave of absence begins. If the employee has not been employed for a
period of one year, the leave shall be granted without pay. Pay shall not
exceed thirty (30) calendar days in any one (1) fiscal year.
An employee on paid military leave shall continue to accrue vacation, sick
leave, seniority and/or holiday in the same manner as the employee would
have, had the employee been in a work status.
To be eligible to receive the leave, an employee must submit a request in
writing with a copy of his/her military orders to his/her immediate
supervisor for processing.
Military and Veteran's Code §§395, 395.01(a), 564 and 566 set forth
provisions for state military reserve personnel employed by public
employers are statutorily entitled to up to 180 days of temporary military
leave for active duty activities with up to 30 days of paid military leave
each fiscal year. When placed on state active duty this is ordered active
duty, which entitles the employee to paid military leave.
State military reserve personnel also generally have a right to extended
leaves of absence and a right to re-employment after lengthy periods of
ordered duty when called to active duty in certain emergency
circumstances and public employees are entitled to receive their pay from
their public employer for the first thirty (30) days of that period of active
military and veteran's code §§143, 146, 395, 395.05, 395.06 and 566.
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Before leaving for an extended leave (181 days or more), the employee
must notify the city of his or her intention to return to work upon the
completion of the active duty service. Employees will have ninety (90)
days from completion of extended active service to report back to work to
resume their duties, must submit to the City a copy of the honorable
discharge papers, and pass a medical exam.
Additional military leave provisions were adopted by Council on November
20, 2001, in Resolution 6268. For military leave covered by this
Resolution, the City will maintain the difference between the employee's
City salary and benefits of the employee while on active military duty.
Although a military leave of absence is not considered a break in service
in relation to seniority, if the employee wishes to have their extended
military service time credited toward CaIPERS, the employee may buy
back credit for their leave of absence for active military service through
CaIPERS as CaIPERS has determined that payments while on such
service are not reportable for retirement purposes.
This leave provision does not apply to employees who are drafted or
receive orders to military duty for periods longer than 180 calendar days.
Employee's rights to return to vacant positions after an absence that
exceeds 180 calendar days shall be governed by the applicable Federal
and State law.
Section C. VACATION LEAVE
1. Employees assigned to a 24 hour shift schedule in the
classification of Firefighter, Firefighter Paramedic, Fire
Engineer and Fire Captain with the exception of temporary
appointments, shall accumulate vacation leave beginning
with the first full pay period of employment, at the rate of
7.384 hours per pay period during the first five years of
continuous full time employment with the City (8.0 shifts per
year); at the rate of 8.307 hours per pay period between the
employee's fifth and tenth anniversary date of continuous
full-time employment; at the rate of 10.153 hours per pay
period between the employee's tenth and fifteenth
anniversary date of continuous full time employment; and at
the rate of 11.076 hours per pay period after the completion
of fifteen years of continuous full time employment with the
City (12 shifts per year). For employees assigned to 24 hour
shifts, a "day" means 12 hours or one-half (1/2) shift.
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.t'
2. Sworn employees assigned to a 40 hour week schedule,
with the exception of temporary appointments, shall
accumulate vacation with pay beginning with the first full pay
period of employment at the rate of 4.61 hours per pay
period during the first ten years of continuous full time
employment with the City and at the rate 6.77 hours per pay
period after the completion of ten years of continuous full
time employment with the City.
3. Accumulated vacation leave shall be granted at the
discretion of the appointing power.
4. Vacation may not be accumulated beyond the amount
accumulable for a sixty-five (65) periods. Once an employee
has accumulated this amount, no more vacation will be
accrued by the employee until the employees' accrual has
been reduced below this maximum amount.
5. When through work circumstances and needs of the job, an
employee has been unable to utilize vacation time and this
has not been a pattern or practice for that employee, the City
Manager for good cause may approve excess accumulated
vacation, provided the employee reduces this total below the
allowable maximum within six (6) months.
6. An employee who has previously requested and was
granted approval of vacation leave for use during the last
three (3) months of the calendar year and is unable to utilize
such leave because of the City's cancellation of leave shall
be allowed to carry over the excess leave time into the next
three (3) months of the new calendar year, if rescheduling of
the vacation leave is not possible.
7. Upon termination, vacation used shall be pro-rated against
vacation earned. Every City employee who leaves the City
employ for any reason shall be granted all accumulated
vacation or shall be paid therefore at his/her rate of
compensation applicable at the time he/she leaves the City
employ. If an employee works more than 50% of the pay
period, the employee shall receive credit for 50% of that pay
period's vacation.
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8. Every City employee who leaves the City employ for any
reason shall be granted all accumulated vacation or shall be
paid therefore at his/her rate of compensation applicable at
the time he/she leaves the City employ. If an employee
works 50% of the pay period, the employee shall receive
credit for that pay period's vacation accrual. In an employee
works less than 50% of the pay period, the employee
accrues nothing.
Section D. SICK LEAVE
1. All employees in classifications represented by this
Agreement with the exception of temporary appointments,
shall accrue sick leave beginning with the first full pay period
of employment on the basis of 5.54 hours for each pay
period of service completed with the City (6 shifts per year).
2. Sworn employees may accumulate up to a maximum of
2,100 hours of sick leave. For employees assigned to 24
hours shifts, a "day" means 12 hours or one half (1/2) shift.
3. Sick leave means authorized absence from duty of an
employee who is temporarily disabled and unable to work
due to a medical condition or due to a scheduled medical or
dental appointment during regular working hours. Every
effort shall be made to schedule appointments during non-
working hours.
4. Sick leave may be used by an employee when their
attendance upon a member of the employee's family
dependent who is seriously ill and requiring the care and
attendance of such employee. Sick leave may also be used
when the employee's family dependent requires the
employee's presence at the dependents medical or dental
appointment during regular working hours. Every effort shall
be made to schedule appointments during non-working
hours.
5. Family dependents shall include only dependents currently
residing in the employee's household, or the employee's
minor children.
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6. Sick leave may be used by an employee in accordance with
paragraph 2 and 3 above. Any employee when off-duty as a
result of personal or family illness shall report the fact
immediately to his/her supervisor, or to the officer then in
charge at the department, giving the nature of the illness or
circumstances relative to his/her absence.
7. While absent from duty because of sickness or disability,
he/she shall remain at his/her residence or place of
confinement unless otherwise authorized by a physician or
his/her supervisor.
8. The term "immediately" means that the employee or
someone acting for the employee, shall notify the
department as soon as it becomes apparent that the
employee will not be able to report for duty.
9. Proof Of Illness. The Fire Chief and the City Manager may
require evidence of the reason for any employee's absence
during the time for which sick leave is requested. If the
employee fails to provide such evidence as required by the
Fire Chief and within the time limit specified by the
department, the absence will be charged to leave without
pay.
10. Denial. The Fire Chief and City Manager may deny or
revoke sick leave if the illness or injury for which it is taken is
caused or substantially aggravated by compensated outside
employment.
11. Upon separation from the City of Arcadia, an employee who
works 50% of the final pay period, shall receive credit for that
pay period's sick leave accrual. If an employee works less
than 50% of the pay period, the employee accrues nothing.
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Section E. BEREAVEMENT LEAVE
An employee represented by this Agreement, with the exception of
temporary appointments, may be granted a leave of absence with pay
upon approval of the Fire Chief and the City Manager at the time of death,
or where death appears imminent, in the immediate family, defined as the
spouse, the employee's or employee's spouse's mother, stepmother or
father, stepfather, brother or sister or step sibling, child or stepchild,
grandparents, grandchildren, or any relative of the employee or
employee's spouse residing in the same household. Such leave, up to a
maximum of four (4) working days at one time (or six (6) working days if
travel outside of the following Counties is required: Imperial, Kern, Los
Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara,
San Luis Obispo and Ventura), shall not be charged against sick or other
leave. If over four (4) working days of such leave is granted at one time,
or over six (6), if applicable, that amount over four (4) or six (6) days shall
be charged against sick or other leave. For employees assigned to 24
hours shifts, a "day" means 12 hours or 1/2 shift.
Section F. WORKERS' COMPENSATION
In those instances where an employee of the City of Arcadia is injured on
duty and the injury or illness is so recognized by the Workers'
Compensation Act of California, by the City of Arcadia or the Workers'
Compensation Appeals Board, such employee shall be paid a combination
of salary and Worker' Compensation equal to his/her regular salary rate
for such time as he/she is absent from duty because of such injury or
illness up to a maximum of one (1) year from and after date of such injury
or illness. Lost time due to an injury or illness on duty shall not be
charged against an employee's accumulated sick leave. Pursuant to the
Internal Revenue Code, Section 104 (a) (1), Workers' Compensation
benefits are not taxable income.
Section G. HOLIDAYS
Employees in the classifications of Firefighter, Firefighter Paramedic, Fire
Engineer and Fire Captain shall be allowed the following holidays with full
pay:
New Year's Day Labor Day
Martin Luther King, Jr. Day Admission Day
President's Day Columbus Day
Cesar Chavez Day Thanksgiving Day
Memorial Day Day After Thanksgiving
Independence Day Christmas Day
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Section H. JURY LEAVE
When a City employee is called or required to serve as a juror, attendance
shall be deemed a leave of absence with full pay not to exceed 10 days
per year. For each day the employee receives jury leave pay, the
employee shall remit to the City all fees received except mileage.
Section I. WITNESS LEAVE
An employee who is subpoenaed or required to appear in Court as a
witness shall be deemed to be on a leave of absence. With approval of
the appointing power and City Manager, the employee may be granted
leave with pay during the required absence. The employee shall remit to
the City all fees received except mileage.
A paid leave of absence shall not be granted for time spent in Court on
personal cases.
Section J. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
Section K. UNION LEAVE
Upon approval of the Fire Chief, AFFA board members or their designees
may be granted time off with pay to attend conferences, meetings, or other
union business.
ARTICLE XIV PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a
work-test period during which the employee's performance and
conduct on the job are evaluated to determine whether or not the
employee is fully qualified for permanent appointment.
During the probationary period, a probationer may be released, or
demoted if permanent status is held in a lower classification, without the
right of appeal, if the appointing power deems the probationer unfit or
unsatisfactory for service.
When an acting assignment is made, it must be given to a member who
meets the current minimum qualifications for the position and has been
placed on a current eligibility list. In the absence of a current eligibility list,
the acting assignment shall be given to a member who meets the current
minimum qualifications and has been placed on an eligibility list for the
assigned position in the past. Before an eligible candidate is to be placed
in an acting position, the current vacancy shall remain open for a period of
no less than six (6) shifts.
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Time worked in an acting position will not count as time worked on
probation if a probationary appointment is made. All probationary periods
will be twelve (12) months.
Section B. All eligible candidates appointed to a position from an open
competitive examination and who are not currently employed in a
permanent position shall be on probation for twelve (12) months
before attaining permanent status.
Section C. Eligible candidates appointed from a promotional list shall be on
probation for twelve (12) months before attaining permanent status.
Section D. Probationary period may be extended for a one six (6) month
period with the approval of the Human Resources Administrator.
ARTICLE XV EMT-1 CERTIFICATION
All members of the unit shall, at a minimum, maintain an EMT-1 Certification, or
equivalent, with appropriate accreditations through the County and State and recertify
every two (2) years. Training and recertification classes shall be conducted on City
time. Failure to obtain the certification or to recertify is cause for progressive
disciplinary action.
ARTICLE XVI NO SMOKING POLICY
In recognition of the health hazards arising form the use of tobacco products, the parties
agree that as a condition of employment, all unit members hired after July 1, 1991 shall
sign individual agreements that the employee shall refrain from smoking, chewing or
otherwise using tobacco products such as, but not limited to, cigarettes, cigars, pipe
tobacco, chewing tobacco or snuff.
An employee who fails to comply with the Agreement shall receive a written warning for
the first offense, two (2) shifts off without pay for the second offense and shall be
discharged for the third offense.
ARTICLE XVII RESPONSE TIME
Due to the emergency requirements of prompt response time, all members of the unit
are expected to return to work as soon as possible when required to respond to local
emergencies. Employees shall be required to make themselves available to emergency
recall response within twelve (12) hours of notification.
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ARTICLE XVIII STAFFING
Section A. DAILY STAFFING LEVELS
During the course of this contract, the minimum daily staffing of fire
suppression personnel shall be seventeen (17) and shall consist of:
Battalion 105 Fire Battalion Chief
Engine 105 Fire Captain, Fire Engineer, and Firefighter
Engine 106 Fire Captain, Fire Engineer, and Firefighter
Engine 107 Fire Captain, Fire Engineer, and Firefighter/
Paramedic
Truck 105 Fire Captain, Fire Engineer, and Firefighter
Rescue Ambulance 105 Two (2) Firefighters/Paramedics
Rescue Ambulance 106 Two (2) Firefighters/Paramedics
Notes:
1. At the discretion of the Fire Chief or designee, E107 may be
staffed with a Firefighter in lieu of a Firefighter/Paramedic on
a temporary basis to meet the needs of the department.
2. Management reserves the right, in the event of a disaster or
operational crisis, to staff the above positions in acting
capacities on a temporary basis.
Section B. STRIKE TEAM REST PERIOD
Upon returning from a strike team deployment it will, when deemed
necessary, be mutually agreed upon by both the company officer and the
duty chief to grant a period of rest. During this period members will be
excluded from training, daily duties, and other activities in order to be
mentally and physically ready to complete their shift.
ARTICLE XIX WELLNESS PROGRAM
During the term of this Agreement, the City agrees to implement a Wellness Program
that includes a comprehensive fitness evaluation and lecture series provided by Santa
Ana College Fire Technology Department at a cost not to exceed $14.20 per
employee/year.
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ARTICLE XX EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. "Grievance." A grievance is an allegation by an employee(s)
of a misinterpretation or misapplication of any express
provision of the applicable Memorandum of Understanding
or Personnel Rules and Regulations where there is no other
specific method of review provided by City law.
2. "Grievant." An employee or group of employees in the
classified service adversely affected by an act or omission
by the City allegedly in violation of an express provision of
the Memorandum of Understanding or Personnel Rules and
Regulations.
3. "Department Administrator." The Department Head or
designee.
4. 'Work Day." A work day is any day the City offices are
regularly open for business.
Section B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE
The procedure is not to be used for the purpose of changing wages, hours
and working conditions.
The procedure is not intended to be used to challenge the content of
employee evaluations or performance reviews.
The procedure is not intended to be used to challenge a reclassification,
layoff, transfer, denial of reinstatement, or denial of a step or merit
increase.
The procedure is not intended to be used in cases of oral or written
reprimand, demotion, suspension or removal.
The procedure is not to be used to challenge violation of law or past
practice unless the rules or MOU expressly refer to same.
The procedure is not to be used to challenge examinations or appointment
to positions.
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Section C. TIMELINESS
The grievance must be filed by the employee within the timelines set forth
herein. Failure of the employee to file the initial grievance or process the
grievance from one level to another in a timely manner is a forfeiture of the
grievance and the grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed
to the next level.
Section D. EMPLOYEE REPRESENTATION
The employee may be represented by a person of his/her choice to
prepare and present the grievance. The employee may use a reasonable
amount of released time to process the grievance. The release time must
be approved by the Department Head.
Section E. INFORMAL GRIEVANCE PROCEDURE
Within fifteen (15) working days following the event, or within fifteen (15)
working days after the employee should reasonably have known of the
event, the employee should attempt to resolve the grievance on an
informal basis by discussion with his/her immediate supervisor.
Section F. FORMAL GRIEVANCE PROCEDURE
1. First Level of Review: Next-Level Supervisor. If the
employee is not able to resolve the grievance after
discussion with his/her immediate supervisor, within ten (10)
working days after the informal discussion with the
immediate supervisor, the employee shall present the
grievance in writing to the next-level supervisor on the official
City grievance form setting forth the following information:
a. The specific section of the rules or MOU allegedly
violated.
b. The specific act or omission which gave rise to the
alleged violation.
c. The date or dates on which the violation occurred.
d. Documents, witnesses or evidence in support of the
grievance.
e. The resolution of the grievance at the informal stage.
f. The remedy requested.
A copy of the grievance shall be provided to the Human Resources
Division of the Administrative Services Department concurrently
with presentation to the immediate supervisor.
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The next-level supervisor shall render a decision in writing, on the
grievance form, within ten (10) working days after receiving the
grievance.
2. Department Head Review. If the employee does not agree
with the decision of the next-level supervisor, within ten (10)
working days after receiving the next-level supervisor's
decision or twenty (20) days from the date the next-level
supervisor received the grievance but failed to issue a
decision, the employee shall present the grievance in writing,
on the grievance form, to the Department Head.
The Department Head may require the employee and the
immediate supervisor to attend a grievance meeting. The
Department Head shall communicate a decision in writing within ten
(10) working days of receiving the grievance or within ten (10)
working days of holding a grievance meeting whichever is longer.
3. Human Resources Administrator. If the employee is not
in agreement with the decision reached by the Department
Head, within ten (10) working days after receiving the
Department Head's decision or twenty (20) days from the
date the Department Administrator received the grievance
but failed to issue a decision, the employee shall present the
grievance in writing to the Human Resources Administrator
on the official City grievance form.
The Human Resources Administrator may require the employee
and the immediate supervisor to attend a grievance meeting. The
Human Resources Administrator shall communicate a decision in
writing within ten (10) working days of receiving the grievance or
the holding of a grievance meeting whichever is longer.
4. Human Resources Commission. If the employee is not in
agreement with the decision of the Human Resources
Administrator or if the Human Resources Administrator has
failed to respond, the employee shall present the grievance
to the Human Resources Commission within ten (10)
working days from the date of receipt of the Human
Resources Administrator's decision or twenty (20) days from
the date the Human Resources Administrator received the
grievance but failed to issue a decision.
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Section G. APPEAL TO HUMAN RESOURCES COMMISSION
1. Scheduling of Hearing. Upon receipt of the request for an
appeal, the City shall, within thirty (30) days, transmit the
appeal to the Human Resources Commission. The
Commission shall schedule a hearing. The appeal hearing
shall be set not less than twenty (20) working days nor more
than sixty (60) working days from the date of the filing of the
appeal. All interested parties shall be notified in writing of
the date, time, and place of the hearing at least ten (10)
working days prior to the hearing.
2. Public Hearings. All hearings shall be open to the public.
3. Pre-Hearing Procedure
a. Subpoenas. The Human Resources Commission is
authorized to issue subpoenas at the request of either
party prior to the commencement of the hearing. After
the commencement of the hearing, subpoenas shall be
issued by the Commission only for good cause. Each
party will prepare their own subpoenas and present them
to the Human Resources Division of the Administrative
Services Department and the other party. The Human
Resources Division of the Administrative Services
Department will issue the subpoenas. The Human
Resources Division of the Administrative Services
Department will serve subpoenas for current City
employees. It will be the responsibility of the employee
or the City to serve subpoenas on individuals who are not
currently employed by the City. It will be the
responsibility of the employee and the City to submit the
written request for subpoenas at least ten (10) working
days before the date of the hearing.
b. Exhibits and Witness Lists. Five (5) working days prior to
the date set for the hearing, each party shall serve upon
the other party and submit, to the Human Resources
Division of the Administrative Services Department, a list
of all witnesses and a list and copy of all exhibits. An
original and nine (9) copies of the exhibits shall be
presented to the Human Resources Division of the
Administrative Services Department in 3 hole notebooks
which are tabbed down the side with the exhibit numbers.
The employer's exhibits shall be designated by number.
The employee's exhibits shall be designated by
alphabetical letter. Neither party will be permitted to call
32
during the hearing, a witness not identified pursuant to
this section nor use any exhibit not provided pursuant to
this section unless that party can show that they could
not reasonably have anticipated the prior need for such
witness or such exhibit.
c. Statement of Issues. Five (5) working days prior to the
date set for the hearing, each party shall submit to the
Human Resources Division of the Administrative
Services Department a Statement of Issues.
4. Submission to the Human Resources Commission. Five
(5) working days prior to the date set for the hearing, the
Human Resources Division of the Administrative Services
Department shall present each member of the Human
Resources Commission with a copy of the jurisdictional
documents. Those documents include the grievance
documents at each level and the responses to the grievance.
5. Payment of Employee Witnesses. Employees of the City
who are subpoenaed to testify during working hours will be
released with pay to appear at the hearing. The
Commission may direct that these employees remain on call
until called to testify. Employees who are subpoenaed to
testify during non-working hours will be compensated for the
time they actually testify, unless the City agrees to a different
arrangement.
•
6. Conduct of the Hearing. The hearing need not be
conducted in accordance with technical rules relating to
evidence and witnesses but hearings shall be conducted in a
manner most conducive to determination of the truth.
Any relevant evidence may be admitted if it is the type of
evidence on which responsible persons are accustomed to
rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rules which might
make improper the admission of such evidence over
objection in civil actions.
Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence that shall
not be sufficient in itself to support a finding unless it would
be admissible over objection in civil actions.
The rules dealing with privileges shall be effective to the
same extent that they are now or hereafter may be
recognized in civil actions.
33
Irrelevant and unduly repetitious evidence may be excluded.
The Human Resources Commission shall determine
relevancy, weight and credibility of testimony and evidence.
Decisions made by the Commission shall not be invalidated
by any informality in the proceedings.
During examination of a witness, all other witnesses, except
the parties, shall be excluded from the hearing upon motion
of either party.
The Human Resources Commission may conduct the
hearing or delegate evidentiary and/or procedural rulings to
its legal counsel.
7. Burden of Proof. In a grievance appeal the grievant has
the burden of proof by preponderance of the evidence.
8. Proceed with Hearing or Request for Continuance. Each
side should be asked if it is ready to proceed. If either side
is not ready and wishes a continuance, good cause must be
stated. Any request for a continuance must be made in
writing and submitted prior to the hearing to all parties.
Before requesting a continuance, the moving party shall
contact all parties to determine if there is any opposition to
the continuance and shall state in its request if there is
opposition.
9. Testimony under Oath. All witnesses shall be sworn in for
the record prior to offering testimony at the hearing. The
chairperson will request the witnesses to raise their right
hand and respond to the following:
"Do you swear that the testimony you are about to
give at this hearing is the truth, the whole truth and
nothing but the truth?"
10. Presentation of the Case. The hearing shall proceed in the
following order unless the Human Resources Commission
for special reason, directs otherwise:
The Human Resources Chair shall announce the issues
after a review of the statement of issues presented by each
party.
The grievant (employee) shall be permitted to make an
opening statement.
34
The respondent (City) shall be permitted to make an opening
statement, or reserve an opening statement until
presentation of its case.
The grievant shall produce his/her evidence.
The respondent may then offer its evidence.
The grievant followed by the respondent may offer rebutting
evidence.
Closing arguments shall be permitted at the discretion of the
Human Resources Commission. The party with the burden
of proof, shall have the right to go first and to close the
hearing by making the last argument. The Commission may
place a time limit on closing arguments. The Commission or
the parties may request the submission of written briefs.
After the request for submittal of written briefs, the
Commission will determine whether to allow the parties to
submit written briefs and determine the number of pages of
said briefs.
11. Procedure for the Parties. The party representing the
department and the party representing the employee will
address their remarks, including objections, to the Chair of
the Human Resources Commission. Objections may be
ruled upon summarily or argument may be permitted. The
Chair reserves the right to terminate argument at any time
and issue a ruling regarding an objection or any other
matter, and thereafter the representatives shall continue with
the presentation of their case.
12. Right to Control Proceedings. While the parties are
generally free to present their case in the order that they
prefer, the Chair reserves the right to control the
proceedings, including, but not limited to, altering the order
of witnesses, limiting redundant or irrelevant testimony, or by
the direct questioning of witnesses.
13. Hearing Demeanor and Behavior. All parties and their
attorneys or representatives shall not, by written submission
or oral presentation, disparage the intelligence, ethics,
morals, integrity or personal behavior of their adversaries or
members of the Commission.
35
14. Deliberation Upon the Case. The Commission will
consider all oral and documentary evidence, the credibility of
witnesses, and other appropriate factors in reaching their
decision. The Commission may deliberate at the close of
the hearing in closed session or at a later fixed date and time
not to exceed ten (10) working days.
15. Recommended Decision. The Human Resources
Commission shall render its recommendations as soon after
the conclusion of the hearing as possible, and no event, later
than ten (10) working days after concluding the hearing,
unless otherwise stipulated to by the parties. The
recommended decision shall include an explanation of the
basis for the decision.
The Human Resources Commission shall not be polled as to
their decision by the grievant or the grievants counsel.
16. Recommendation to the City Manager. The decision of
the Human Resources Commission is advisory to the City
Manager. The proposed decision shall be provided to the
grievant and the City Manager.
Either the employee or the department may file a written
appeal to the proposed decision, by filing exceptions thereto
with the Human Resources Administrator within ten (10)
days of receipt of the Commission's recommended decision.
The party desiring to contest the recommended decision of
the Commission may also request a transcript for review by
the City Manager within ten (10) working days of the
Commission's decision. If the appealing party requests a
transcript, that party shall pay the cost of the transcript.
17. Final Action by City Manager. Within ten (10) working
days of the filing of exceptions, or within ten (10) days of
receipt of the transcript, the City Manager shall review the
decision of the Commission, any exceptions filed, and a
record, if one is requested. The decision of the City
Manager shall be final. The decision shall be transmitted to
the employee and to the Department Head.
36
2011-2014 NEGOTIATION TEAMS
AFFA NEGOTIATING TEAM CITY REPRESENTATIVES
Jeff Bird, Firefighter/Paramedic William W. Floyd, Jr., Attorney
Thomas Devlin, Fire Captain Hue Quach,
Administrative Services Director
Todd Morehead, Fire Captain
Chen Suen, Fire Engineer Kurt Norwood, Deputy Fire Chief
John Twitchell, Fire Captain Michael A. Casalou,
Human Resources Administrator
Heather McDowell,
Sr. Human Resources Analyst
38
ARTICLE XXI FULL UNDERSTANDING
Section A. This Memorandum of Understanding contains all the covenants,
stipulations and provisions agreed upon by the parties and any
other prior existing understanding or Agreements by the parties,
whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
It is the intent of the parties that this Agreement be administered in its
entirety in good faith during its full term. The Association recognizes that
during such term it may be necessary for Management to make changes
in rules or procedures affecting the employees in the unit, and the City,
upon request, agrees to meet and confer with the Association over
matters within the scope of representation.
For the life of this Agreement it is agreed and understood that the
Association hereto voluntarily agrees that the City shall not be required to
meet and confer with respect to any subject or matter whether referred to
or covered in this agreement or not during the term of this Agreement.
The parties agree and understand that any Section of this MOU may be
reopened by mutual consent.
Section B. The parties have caused this Memorandum of Understanding to be
executed this day of , 2011.
ARCADIA FIREFIGHTERS ASSOCIATION CITY OF ARCADIA
Tom Devli - Don Penman
President City Manager
37
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Exhibit"8"
LETTER OF AGREEMENT
BETWEEN
THE CITY OF ARCADIA
AND
ARCADIA FIREFIGHTERS' ASSOCIATION
The City of Arcadia and the Arcadia Firefighters' Association (AFFA) agree to amend
Article VII, Section A, Stability Pay/Longevity Pay of the 2011-2014 MOU as follows:
Section A. STABILITY PAY
Stability Pay is applicable only to employees who were hired prior to July 1, 1983. The
plan pays $25 per year for each year of consecutive service up to a maximum of twenty
years (20) of service, where the maximum attainable is $500.
Cash Stability payments are made once a year between December 1, and December
10, only to employees on the payroll as of December 1. Stability Payments will be paid
on a pro-rata basis to employees that retire or are laid off prior to December 1, provided
they meet all eligibility requirements.
- 7:771.-.4716)7
Tom Devlin Date Don Penman Date
AFFA President City Manager