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RESOLUTION NO. 6480
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM
OF UNDERSTANDING ESTABLISHING COMPENSATION
AND RELA TED BENEFITS FOR EMPLOYEES
REPRESENTED BY THE ARCADIA FIREFIGHTERS'
ASSOCIATION ("AFF A") FOR JULY 1, 2005 THROUGH JUNE
30,2007
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA
DOES HEREBY FIND, DETERMINE AND RESOL V~ 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 ("AFF A") dated effective as of July I, 2005,
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 AFF A shall be those set forth in
the Memorandum of Understanding,
SECTION 2.
The City Clerk shall certify to the adoption of this
Resolution.
[SIGNATURES ON NEXT PAGE]
6480
Passed, approved and adopted this 2nd day of August ,2005.
Ma or of the City of Arcadia
ATTEST:
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l!Y Clerk of the CitY: of Arcadia
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APPROVED AS TO.FORM:
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City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H, BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No, 6480 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 2nd day of August, 2005 and that said Resolution
was adopted by the following vote, to wit:
A YES: Council Member Chandler, Kovacic, MarshaIl and Wuo
NOES: None
ABSENT: Councilmember Segal
~.
c <-,jJ-(S _~
ity Clerk ofthe City of Arcadia
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Exhibit "A"
CITY OF ARCADIA SALARY RANGE
JULY 2005 TO JUNE 2007
AFFA
Range
Number Title Step A Step B SteD C Sten D Step E SteD F Step G Step H SteD I Step J
oW $4,075 $4,177 $4,282 $4,388 $4,498 $4,610 $4,725 $4.844 $4,965 $5,089
62F $4,177 $4,282 $4,388 $4,498 $4,610 $4,725 $4,844 $4,965 $5,089 $5,217
63F Firefighter $4,282 $4,388 $4,498 $4,610 $4,725 $4,844 $4,965 $5,089 $5,217 $5,347
64F Firefighter AA $4,388 $4,498 $4,610 $4,725 $4,844 $4,965 $5,089 $5,217 $5,347 $5,481
65F Firefiahter BA $4,498 $4,610 $4,725 $4,844 $4,965 $5,089 $5,217 $5,347 $5,481 $5,617
66F $4,610 $4,725 $4,844 $4,965 $5,089 $5,217 $5,347 $5,481 $5,617 $5,758
67F $4,725 $4,844 $4,965 $5,089 $5,217 $5,347 $5,481 $5,617 $5,758 $5,902
68F $4,844 $4,965 $5,089 $5,217 $5,347 $5,481 $5,617 $5,758 $5,902 $6,050
69F $4,965 $5,089 $5,217 $5,347 $5,481 $5,617 $5,758 $5,902 $6,050 $6,201
70F Fire EnQineer $5,089 $5,217 $5,347 $5,481 $5,617 $5,758 $5,902 $6,050 $6,201 $6,356
Fire Paramedic
71F Fire Engineer AA $5,217 $5,347 $5,481 $5,617 $5,758 $5,902 $6,050 $6,201 $6,356 $6,515
Fire Paramedic AA
72F Fire Enaineer BA $5,347 $5,481 $5,617 $5,758 $5,902 $6,050 $6,201 $6,356 $6,515 $6,679
Fire Paramedic BA
73F $5,481 $5,617 $5,758 $5,902 $6,050 $6,201 $6,356 $6,515 $6,679 $6,846
74F $5,617 $5,758 $5,902 $6,050 $6,201 $6,356 $6,515 $6,679 $6,846 $7,018
75F $5,758 $5,902 $6,050 $6.201 $6,356 $6.515 $6,679 $6,846 $7,018 $7,194
76F Fire Captain $5,902 $6.050 $6,201 $6,356 $6,515 $6,679 $6,846 $7,018 $7,194 $7,373
77F Fire Caotain AA $6,050 $6,201 $6,356 $6,515 $6,679 $6,846 $7,018 $7,194 $7,373 $7,557
78F Fire Captain SA $6,201 $6,356 $6,515 $6,679 $6,846 $7,018 $7,194 $7,373 $7,557 $7,746
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CITY OF ARCADIA
AND
ARCADIA FIREFIGHTERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 2005 - JUNE 30, 2007
6480
TABLE OF CONTENTS
Article I Parties and Recognition 1
Appropriate Unit . 1
Mutual Recommendation 1
Article II Term 2
Maintenance of Benefits 2
Savings ClaLJse 2
State and Federal Laws 2
Article III Association Rights
. Right to Join 3
. Use of Bulletin Boards 3
. Payroll Deduction 3
. Access to Facilities 3-4
. Reasonable Notice 4
Article IV Management Rights 5
Article V Compensation 6-8
. General Compensation 6
; Promotion or Advancement 6
. Educational Incentive Compensation 7
. Step Increase Percentages 7
. Fire Prevention Bureau . 8
. Truck Company Captain 8
. Administrative Captain Compensation 8
. Movie Detail 9
Article VI Overtime 10
. Fair Labor Standards Act 10
. Minimum Credit and Emergency Recall 10
. Shift Exchanges 10
Article VII Stability Pay 11
Article VIII Retirement 12
Article IX Health, Dental and Life Insurance 13
. Retiree Health Insurance 13-14
Article X Disability Income Insurance 16
TABLE OF CONTENTS
Article XI Uniforms 17
Article XII . Tuition Reimbursement 18
Article XIII Leaves 18-24
. Provided For 18
. Powerto Grant Leaves 18-19
. Military Leave 19-20
. Vacation Leave 20-21
. Sick Leave 21-22
. Proof of Illness 22
. Denial 23
. Bereavement Leave 23
. Workers' Compensation 23
. Holidays 24
. Jury Leave 24
. Witness Leave 24
. Unauthorized Absence 24
Article XIV Probationary Period 25
Article ~ EMT-1 Certification 26
Article XVI No Smoking Policy 27
Article ~II Response Time 28
Article XVIII Employee Grievances 29-36
. Definitions 29
. Timeliness 30
. Employee Representation 30
. Informal Grievance Procedure 30
. . Formal Grievance Procedure 30-31
. Appeal to Human Resources Commission 32-36
Article XIX Full Understanding/Execution of Agreement 37
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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:
Fi refighter
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,
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ARTICLE II
Section A. TERM
The parties have met and conferred in good faith regarding wages, hours and Dther
terms and conditions of employment and it is mutually agreed that this
Memorandum of Understanding shall be effective for the period beginning July 1,
2005 and ending June 30, 2007.
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.
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 aiL 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.
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ARTICLE III ASSOCIA TtON RIGHTS
Section A. RIGHT TO JOIN
The City and the Association recognitethe right of the employees to form, join and
participate in lawful. activities of employee organizations and the eq ual 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,
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 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.
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ARTICLE III (continued)
Nothing herein shall be cDnstrued to prevent an AssDciation representative or an
employee from contacting .the Human Resources Manager or other management
representatives regarding personnel related matters during work hours,
The authonzed 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 Manager, the Fire Chief or his designate, to
state the purpose of his visiting, and
2. The Human Resources Manager, the Fire Chief or his designate determines
that such visit shall not interfere with the operations of the department.
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 Councilor
Human Resources Commission may act. The Association shall provide the Human
Resources Manager with the names and addresses of the three authorized
representatives within five 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.
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ARTICLE IV
MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this agreement, th e 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 constitutioiiofthe State of Califomia,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 work force of the City is vested exClusively in the
City, and nDthing in this agreement is intended to circumscribe or modify tJ:le 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. .
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ARTICLE V COMPENSA TlON
Section A. A classification and compensation study was completed in April, 2005, The study
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. As a result of the
compensation plan, effective July' 1, 2005, the. salary schedule for. the
classifications of Firefighter, Firefighter/Paramedic, and Fire Engi ne'er shall be
improved by 5% and the salary schedule for the cla~sification of Fire Captain
. shall be improved by 2.5%. Additionally, effective the first pay period in July 2005,
the salary schedule shall be improved by 2,75% for all represented employees.
The salary schedule (Appendix A) reflects the aforementioned changes,
In the event one or more of the above listed cities discontinues operating a City fire
department, the fDllowing 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
1. 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,
2, When an employee is promoted to a higher classification, the date of.
promotion shall be used in determining the date of future step increases,
3, 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 promotion date.
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ARTICLE V (continued)
Section C. EDUCATIONAL INCENTIVE COMPENSATION
1. Qualified employeeS who possess an Associate of Arts degree, shall receive
an additional 2.5% as their regLilar salary, Employees who possess a
Bachelor of Arts or Science degree shall receive an additional 5% as their
regular salary.
2. 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
Resciurces Manager.
3. An employee who does not possess a degree, but has 60 or more college
units acceptable tci 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 Ccillege 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 reguiar salary. .
4. Degrees shall be granted by colleges and universities which are fully
accredited in the state of California,
5. . 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 iNereachieved or the notation of the degree received, The
copy ofthe 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. .
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SectiDn E. FIRE PREVENTION BUREAU ASSIGNMENT
1. 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.
2. 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.
3. 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.
4, 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 Dr 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.
. Section F.. TRUCK COMPANY CAPTAIN COMPENSATION
Except as provided hereinafter, during the term of this agreement a Fire Captain
assigned by the Chief to be in command of a Truck Company shall receive $92,31
per pay period in addition to his base salary during the period of the assignment as
the Truck Company Captain.. The Truck Company Captain compensation will
remain in effect until the Captain II assignment has been implemented or until
March 1, 2006 whichever is sooner. No later than March 1, 2006, the Truck.
. Company Captain assignment shall be eliminated and the assignment of Captain II
shall be implemented. A Fire Captain assigned by the Chief to serve as Captain II
shall receive 5% in addition to his 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 Chief to be an Administrative Captain shall receive $260 per pay period in
addition to his 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 Chief to be an Administrative Captain shall receive $255
per pay period in addition to his base salary during the period of the assignment as
the Administrative Captain,
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Section H, MOVIE DETAIL
Effective July 1, 2004, employees represented by this agreement sha II receive a flat
fee of $45.00 per hour, with a six (6) hour minimum for all movie detail worked.
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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 peri Dds of time that the Fair Labor Standards Act applies tD employees in
classifications covered by this agreement, any such emplDyee who is required tD
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 fDr (jny 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 swom classifications shall receive a
minimum credit of tWo hours at time and one-half the employee's hourly rate.
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 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.
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ARTICLE VII
STABILITY PAY
The plan pays $25 per year for each year of consecutive service up to a maximum of twenty (20)
years of service, An employee is not eligible to receive stability pay until they have completed five
(5) years of consecutive service. The following is the schedule of how stability pay is calculated.
Completed Years Completed Years
of Service Amount of Service Amount
11 $275 16 $400
12 $300 17 $425
13 $325 18 $450
14 $350 19 $475
15 $375 20 $500
Cash stability payments are made once a year between December 1, and December 10, only to
employees on the payroll as of December 1. . . .
Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to
December 1. provided they meet all eligibility requirements. . .
Stability pay is applicable only to employees who were hired prior to July 1, 1983.
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ARTICLE VIII RETIREMENT
Section A. The City contracts with the State of California Public Employees Retirement System
(PERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer,
and Fire Captain, The plan shall include the following options:
1, 3% at age 50 retirement formula, "
2. Single highest year final compensa.tion,
3. Post Retirement Survivor Continuance.
4, Credit for Unused Sick Leave (Sec,20~62,8).
5, . 1959 Survivors Benefit for which each employee contributes ninety-three
cents ($,93) per pay period, .
6, Fourth level 1959 Survivors Benefit increased allowance, Sec. 21382.4.
7. . The City agrees to contract with PERS to provide a Military Service Credit as
Public Service option, Section 210?4; . It is agreed and understood that the.
employee is responsible for paying for this benefit. .
8. The City of Arcadia elects to pay 9% of EE compensation earnable as
Employer Paid Member Contributions (EPMC) and report the same percent
(value) of compensation earnable as special compensation,
9, The City agrees to allow members t6 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 tD
use funds from their Deferred Compensation (457 Plan) towards the Pre-Tax
Payroll Deduction Plan for Service Credit Purchases,
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ARTICLE IX HEAL TH. DENTAL AND LIFE INSURANCE
Section A. Effective the first pay period in July 2005, the City shall provide regular full-time
employees iilaclassification represented by this Agreement with the following
contributions: ' , ,
1. CalPERS Health Program "
The City will contribute $16 per month per employee for health insurance.
2. Dentallnsuranee - mandatory enrollment
The City will contribute $13.20 per month for employee only enrollment in
one of the two dental plans, Additional coverage may be purchased through
the Optionai Benefits allocation,
3. ' Optional Benefits
'.. t.,
The City shall contribute toward an optional benefits plan to meet the
, employee's needs for health and dental insurance.
Si!1gle emploYees without dependents, hereinafter referred to as "Employee
only," shall receive a Contribution from the City towards the cost of premiums
not to exceed $383.80/morith, Employees with one' qualified dependent,
hereinafter referred to as "Employee' + 1," shall reCeive a contribution from
the' City towards the' cOst'of premiums not to exceed $618.80/month.
Employees with two or more qualified dependents, hereinafter referred to as
"Family," shall receive a contribution from the City towards the cost of
premiums not to exceed $762.80/month.
If the premium ,cost of the health plan exceeds the City's contribution, the
employee shall pay through payroll deduction the difference between the
monthly premium anc:l 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
such as marriage, birth and adoption certificate,
4. Life Insurance
a) The City shall provide $10,000,00 life insurance benefit for eligible
employees.
b) The City agrees to pay up to $10,000.00 for funeral expenses for
members killed in the line of duty or work related death within five (5)
years after retirement.
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ARTICLE IX (continued)
5. The City shall provide each employee with a vision plan, with the City paying
the premium in the fiscal year 2005-2007. This vision plan will be Vision
Service Plan, option B. The City will pay the premium up to the cost of the
family plan.
Section B. RETIREE HEALTH INSURANCE
The City agrees to pay the employee-only health insurance premium fDr eligible
retirees from the classifications of swofrl personnel represented by this agreement
who retire after July 1, 1 Q85. Such payment shall cease when the eligible retiree is
eligible for Medicare. If the retired employee has other group medical coverage
available, then this other group insurance shall be primary and the City's health
insurance plan shall function as secondary co-insurance,.
An eligible retiree is a swam unit member who retires on a service, disability, or
industrial disability retirement and has 1500 hours of accumulated sick leave at the
date of retirement. An employee who has fewer than 1500 hours of accumulated
sick leave at the date of retirem~nt may become eligible for coverage for the
employee only health insurance premium by paying the City an amount equal to his
daily pay rate at the time of retirement times the number of days needed to meet the
1500 hours of accumulated sick leave requirement. There are three conditions for
employees tei be eligible to exercise this buyback provision,
1, . The employee must be at least 50 years old;
2, The employee must have worked full-time continuously for the City of
Arcadia for a minimum of 15 years; and
3. The employee is limited to purchasing a maximum of 760 hours of sick leave.
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 1000 hours of accumulated sick
leave at the date of retirement, is also an eligible retiree. An employee in the 40-
hour week assignment who has fewer than 1000 hours of accumulated sick leave at
the date of retirement may become eligible for coverage for employee only 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 1000 hours of
accumulated sick leave requirement. There are three conditions for an employee
assigned to a 40-hour workweek to be eligible to exercise this buyback provision.
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ARTICLE IX (continued)
1. The employee must be at least 50 years old;
2, The employee must have worked full-time continuously for the City of
Arcadia for a minimum of 15 years; and
3. The employee is limited to purchasing a maximum of 60 days (480 hours) of.
sick leave.
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.
Effective February 1, 1999 retirees will be subject to the terms of the CalPERS
Health Program, In this program the City will pay to CalPERS $1,00 per month for
the retiree's health insurance. This amount increases annually by 5% until it is
equal to the City contribution for active employees of $16,00 per month. The
difference between this contribution and the employee only cost of the insurance
selected by the retiree will be refunded to the retiree by the City on a monthly basis
based on a report by CalPERS of the retiree's continued enrollment.
In order to be eligible for retiree health coverage, the employee 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 CalPERS Health Program as stipulated by the Health
Program.
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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,.
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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, clip on tie, and billed hat.
. The above items are supplied upon employment to all employees, with the
exception of the class "A" uniform, which is supplied when the employee completes
. probation at position of Captain,
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
are the City's alone,
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,
17
ARTICLE XII
TUITION REIMBURSEMENT
Section A. The Tuition Reimbursement Program will operate on a fiscal year basis (July.1
through June 30). Maximum tuition reimbursement, including on campus parking
. fees and textbooks is $2,900.00 per fiscal year. School supplies are not
reimbursable,
The reimbursement shall only be for CDurses that are directly related to the
employee's position as determined by the City Manager. Only courses, specialized
training, or degree programs "job-related" to permanent full-time positiDns will be
considered for tuition reimbursement.
PriDr to reimbursement of costs, 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.
Any employee who shall terminate employment within one year from the
completion ofa class or classes shall refund all tuition paid under this provision
unless he was required to attend by the appointing power.
18
6480
ARTICLE XIII LEA VES
Section A. In accordance with the current Personnel Rules and Regulations of the City of
ArC<:ldia, all leaves for classifications represented by this agreement shall be
provided for as follows:
Section B, 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 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
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 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 Retum - the granting of a leave of absence without pay confers upon
the employee the right to retum to his classification before or at the expiration
of his leave of absence. Therefore, a leave of absence shall be granted only
. to an employee who intends to retum 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,
5. 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 retum to work,
19
ARTICLE X//1 (continued)
6. The granting of a leave of absence of thirty days or less, with or without pay,
shall not constitute an interruption of service within the meaning of this
subsection. The granting of a ieave of absence with or without pay of more
than thirty days shall constitute an interruption of service unless, in the action
granting such leave of abs.ence, it is provided that such leave of absence
shall not constitute an interruption of service.
Section C. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of the applicable
Califomia State Law. All employees entitled to and taking military leave shall give
the department head the right within the limits of military necessity and regulations
to determine when such leave shall be taken.
If the officer or employee. taking such leave for military service has been in the
employ of the City for one year or more, next immediately preceding the date from
which leave begins, he shall be allowed his regular salary or compensation for a
period of not more than thirty days in any calendar year or during any continuous
leave of absence. If such employee has been in the employ of the City for less than
one year immediately preceding the date upon which such leave of absence begins,
such leave granted under this section shall be without pay.
Upon requesting military leave, the employee must complete the required forms and
submit to the City Manager through his appointing power a copy of his military
orders,
The foregoing limitations on leave of absence do not apply to employees who are
drafted or receive order to military duty for extended periods of time during war or
national emergencies.
Every employee WhD has been on extended military duty shall report back for the
performance of the duties of his employment within ninety days after his discharge
or release from military duty, Failure to do so shall be reason for termination of his
employment. Acceptance of extended military duty on a voluntary basis shall be
reason for termination of his City employment.
20
6480
ARTICLE XIII (continued)
Employees prior to being retumed to employment from military leave shall submit
other than a dishonorable discharge, and take .and pass a medical examination by a
. physician designated by the City Manager, .
Upon failure of a retuming employee to submit other than a dishonorable discharge
or pass the required medical examination, he/she shall not be entitled to retum to
hislher employment with the City.
Employees on extended military leave shall not lose or accumulate sick leave,
vacation, seniority or other privileges because of such leave.
Section D: 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 ernployee'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,
a. Swom employees assigned to a 40 hour week schedule, with the
exception of temporary appointments, snail 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,n hours per pay
period after the completion of ten years of continuous full time
employment with the City.
2. Accumulated vacation leave shall be granted at the discretion of the
appointing power.
21
ARTICLE XIII (continued)
3. 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.
When through work circumstances and needs of the job, an employee has
be~n unable to. utilize vacation tim~ and this has not been a pattem or
practice fDr that employee, the City !V1anager for good cause may approve
excess accumulated vacation, provided the employee reduces this total
below the allowable maximum within six (6) months.
4: 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 intD the next three (3)
months of the new calendar year, if rescheduling of the vacation leave is not
possible,
5. Upon termination, vacation used shall be pro-rated against vacation eamed,
Every City employee who leaves the, City employ for any reason shall be
granted all accumulated vacation or shall be paid therefore at his rate of
compensation applicable at the time he 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,
Every City employee who leaves the City employ for any reason shall be granted all
accumulated vacation or shall be paid therefore at his rate of Compensation
applicable at the time he leaves the City employ. If an employee works more than
50% of the pay period, the employee shali receive credit for that pay period's
vacatiDn accrual.
Section E, 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),
22
6480
ARTICLE XIII (continued)
Swom 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. .
2. Sick leave means authorized absence from duty of an employee who is
temporarily disabled and Linable 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. '
3. 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.
Family dependents shall include only dependents currently residing in the
employee's household, or the employee's.minor children.
4, Sick leave may be used by an employee in accordance with paragraph 2 and
3 above, Any employee when off-duty as aresLilt of personal or family
illness shall report the fact immediately to his supervisor, or to the officer then
in charge at the department, giving the nature of the illness or circumstances
relative to his absence.
a. . While absent from duty because of sickness or disability, he shall
remain at his. residence or place of confinement unless otherwise
authorized by a physician or his supervisor.
b. 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.
5, 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..
23
ARTICLE XIII (continued)
6. DENIAL
The Fire Chief and City Manager may deny or revoke sick leave if the illness
or injury fDr which it is taken is caused or substantially aggravated by
compensated outside employment.
Section F. 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 emplDyee'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 Df the .
employee or employee's spouse residing in.the same household, Such leave, up to
a maximum of four (4) working days atone time, shall not be charged against sick
or other leave. If over four (4) working days of such leave is granted at one time,
that amount over four (4) 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 G. 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 regular salary rate for such time as he is absent from duty because of
such injury or illness up to a maximum of one 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 .Ieave, Pursuant to the Internal Revenue Code,
Section 104 (a) (1), Workers' Compensation benefits are not taxable income,
24
6480
ARTICLE XIII (continued)
Section H. 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
Martin Luther King, Jr. Day.
President's Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Admission Day
Columbus Day.
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Section I.
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 1 0 days per year. For each
day the employee receives jury leave pay, the employee shall remit to the City all
fees received except mileage. .
SectionJ, 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 K. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
25
ARTICLE XIV
PROBATIONARYPERfOD
Section A. The probationary period is part of the examination process. It is a work-test periDd
during which the employee's performance and conduct on the job are evaluated to
determine whether or not the: emplDyee 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 pDwer 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 ejigibility list. In the absence of a current eligibility list, the acting
assignment shall be given tD 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 nD less than six (6) shifts,
Time worked in an acting position will not count as time worked on probatiDn 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
andwho 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 frDm 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 and Risk Manager.
26
tJ480
ARTICLE XV
EMT-1 CERTIRCA TlON
All members of the unit shall maintain an EMT-1 Certification, or equivalent, and recertify
every'two (2) years, Training and recertification classes shall be conducted on City time,
Failure to obtain the certification or to recertify are cause for progressive disciplinary action,
27
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 employr:nent, all unit members hired after July 1, 1991 shall
sign individual agreements that the employee shall refrain from smoking, chewing Dr
otherwise using tobacco products such as, but nDt 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 shifts off without,pay for the second offense and shall be discharged for
the third offense.
28
6480
ARTICLE XVII
RESPONSE TIME
Due to the emergency requirements of prompt response time, all members of the unit are
expected to retum 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.
29
ARTICLE XVIII
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,
5. Exclusions from the Grievance Procedure
a. The procedure is not to be used for the purpose of changing
wages, hours and working conditions.
b, The procedure is not intended to be used to challenge the content
of employee evaluations or performance reviews,
c. Thepfocedure is not intended to be used to challenge a
'reclassification, layoff, transfer, denial of reinstatement, or denial of
a step or merit increase,
d. The procedure is not intended to be used in cases of oral or written
reprimand, demotion, suspension or removal.
e. The procedure is not to be used to challenge violation of law or past
practice unless the rules or MOU expressly refer to same.
f. The procedure is not to be used to challenge examinations or
appointment to positions.
30
~;..
6480
ARTICLE XVIII (continued)
Section B. 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,
Ifthe City fails to respond in a timely manner, the employee may proceed to the
next level.
Section C, EMPLOYEE REPRESENTATION
The employee may be represented by a person of his or 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 D, 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 or her immediate supervisor.
Section E. 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 or 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 nEOlxt 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.
31
ARTICLE XVI/I (continued)
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.
The next level supervisor shall renper 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
communipate 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 Manager
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 Manager on the official City grievance form.
The. Human Resources Manager may require the employee and the
immediate supervisor to attend a grievance meeting. The Human
Resources Manager 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 Manager or if the. Human Resources Manager has failed to
respqnd, 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 Manager's decision or twenty (20) days
from the date the. Human Resources Manager received the grievance but
failed to issue adecision.
32
6480
ARTICLE XVI1l (continued)
Section F. 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.
33
ARTICLE XVIII (continued)
The employee's exhibits shall be designated by alphabetical letter.
Neither party will be permitted to call during the hearing, a witness
not identified pursuant to this section nor use any exhibit riot
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 docum~nts. Those documents include the grievance
. documents at each level and the responses to the grievance.
5, Paymentof E~ployee 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.
direst that these ; employees remain on call. until called to testify,
Employees who are subpoenaed to testify during non-working hours will
be compensated {or the time they actually testify, unless the City agrees to
a different arrangement
6. Conduct of the Hearing
a, 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,
b. Any relevant evidence may be admitted if it is the type of evidence
on vvrich responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
. common iaw or statutory rules which might make improper the
admission of such evidence over objection in civil actions.
c. 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.
34
6480
ARTICLE XVII/ (continued)
d. The rules dealing with privileges shall be effective to the same
extent that they are now or hereafter may be recognized in civil
actions.
e; Irrelevant and unduly repetitious evidence may be excluded.
f. The Human Resources Commission shall determine relevancy,
weight and credibility of testimony and evidence. Decisions made
by the Commission shall nalbe invalidated by any informality in the
proceedings.
g. During examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon motion of either
party.
h. 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
ResourcesCommission for special reason, directs otherwise:
a. The. Human Resources Chair shall announce the issues after a
review of the statement of issues presented by each party.
35
ARTICLE XVII/ (continued)
b. The grievant (employee) shall be permitted to make an opening
statement.
c. The respondent (City) shall be permitted to make an opening
statement, or reserve an opening statement until presentation of its
case.
d. The grievant shall' produce his/her evidence.
e. The respondent may then offer its evidence.
f. The grievant followed by the respondent may offer rebutting
evidence. .
g. 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.
36
6480
ARTICLE XVII/ (continued)
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
Manager 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 Comniission, 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.
37
ARTICLE XIX
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 hereto have caused this Memorandum of Understanding to be executed
this day of August, 2005.
CITY OF ARCADIA
William R. Kelly
City Manager
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6480
2005 BARGAINING TEAMS
AFFA WAGE NEGOTIATING TEAM
Mike Lang, Fire Captain
Michael MacGregor, Fire Captain
Todd Morehead, Fire Engineer
Denny Wren, Fire Paramedic
CI1Y REPRESENTATIVES
Tony Trabble, Deputy Fire Chief
Michael A. Casalou; Human Resources Administrator
Toyasha Black, Management Analyst
William W. Floyd, Jr., Attomey
39
Appendix' A"
CITY OF ARCADIA SALARY RANGE
JULY 2005 TO JUNE 2007
AFFA
Range
Number Title SteD A SteD B SteD C SteD 0 SteD E SteD F SteD G SteD H SteD I Step J
61F $4,075 $4,177 $4,282 $4,388 $4,498 $4,610 . $4,725 $4,844 $4,965 $5,089
62F $4,177 $4,282 $4,388 $4,498 $4,610 $4,725 $4,844 $4,965 $5,089 $5,217
63F Firefighter $4,282 $4,388 $4 ,498 $4,610 $4,725 $4,844 $4,965 $5,089 $5,217 $5,347
64F Firefighter M $4,388 $4,498 $4,610 $4,725 $4,844 $4,965 $5,089 $5,217 $5,347 $5,481
65F Firefighter BA $4,498 $4,610 $4,725 $4,844 $4,965 . $5,089 $5,217 $5,347 $5,481 $5,617
66F $4,610 $4,725 $4,844 $4,965 $5,089 $5,217 $5.347 $5,481 $5,617 $5,758
67F $4,725 $4,844 $4,965 . $5,089 $5,217 $5,347 $5,481 $5,617 $5,758 $5,902
68F $4,844 $4,965 $5,089 $5,217 $5,347 $5,481 $5.617 $5,758 $5,902 $6.050
69F $4,965 $5,089 $5,217 $5,347 $5,481 $5,617 $5,758 $5,902 $6.050 $6,201
70F Fire Engineer $5,089 $5.217 $5,347 $5,481 $5,617 $5,758 $5,902 $6,050 $6,201 $6,356
Fire Paramedic
71F Fire Engineer M $5,217 $5,347 $5,481 $5,617 $5,758 $5,902 $6,050 $6,201 $6,356 $6,515
Fire Paramedic M
72F Fire Engineer BA $5,347 $5,481 $5,617 $5,758 $5,902 $6,050 $6,201 $6,356 $6,515 $6,679
Fire Paramedic BA
73F $5,481 $5,617 $5,758 $5,902 $6,050 $6,201 $6,356 $6,515 $6,679 $6,846
74F $5,617 $5,758 $5,902 $6,050 $6,201 $6,356 $6,515 - $6,679 $6,846 $7,018
75F $5,758 $5,902 $6,050 $6,201 $6,356 $6,515 $6,679 $6,846 $7,018 $7,194
76F Fire Captain $5,902 $6,050 $6,201 $6,356 $6,515 $6,679 $6,846 $7,018 $7,194 $7,373
77F Fire Captain M $6,050 $6,201 $6,356 $6,515 $6,679 .$6,846 $7,018 $7,194 $7,373 $7,557
78F Fire Caotain BA $6,201 $6,356 $6,515 $6,679 $6,846 $7,018 $7,194 $7,373 $7,557 $7,746
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