Loading...
HomeMy WebLinkAbout6480 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: . . l!Y Clerk of the CitY: of Arcadia -.. .:;: ...:. . - "- APPROVED AS TO.FORM: . ~0.~ City Attorney 2 6480 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 2 6480 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 Ol .". 00 o 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 6480 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, 1 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. 2 6480 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. 3 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. 4 6480 t' - 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. . 5 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. 6 6480 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. . 7 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, 8 6480 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. 9 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. 10 6480 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 $500 Cash stability payments are made once a year between December 1, and December 10, only to employees on the payroll as of December 1. . . . Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1. provided they meet all eligibility requirements. . . Stability pay is applicable only to employees who were hired prior to July 1, 1983. 11 /' .I 1 ARTICLE VIII RETIREMENT Section A. The City contracts with the State of California Public Employees Retirement System (PERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain, The plan shall include the following options: 1, 3% at age 50 retirement formula, " 2. Single highest year final compensa.tion, 3. Post Retirement Survivor Continuance. 4, Credit for Unused Sick Leave (Sec,20~62,8). 5, . 1959 Survivors Benefit for which each employee contributes ninety-three cents ($,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, ,,, . 12 6480 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. 13 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. 14 6480 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. 15 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,. 16 6480 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 ~R 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 0> .". ex> o . 01 ~/tW;;;...