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RESOLUTION NO. 6242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING ESTABLISHING COMPENSATION AND
RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY
THE ARCADIA FIRE FIGHTERS ASSOCIATION (AFFA) FOR
JULY I, 200 I THROUGH JUNE 30, 2003
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION I. The salary and benefits set forth herein for employees represented
by the Arcadia Fire Fighters Association (AFF A) are predicated on the attached
Memorandum of Understanding (MOU) by the City and the AFF A which MOU reflects
agreed upon compensation and benefits.
SECTION 2. The Memorandum of Understanding referred to in this Resolution
is hereby approved and authorized for execution by the City Manager.
SECTION 3. That the City Clerk shall certify to the adoption ofthis Resolution.
Passed, approved and adopted this yd day of July, 2001.
~j~
Mayor of the City f Arca a
ATTEST:
\
,
A\
CiliClerk of the City
APPROVED AS TO FORM: \
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' -..I~
City At omey
6242
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Resolution No. 6242 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 3rd day of July, 2001 and that said Resolution was
adopted by the following vote, to wit:
AYES: Councilmember Chandler, Chang, Marshall and Segal
NOES: None
ABSENT: Councilmember Kovacic
~
6242
CITY OF ARCADIA
AND
ARCADIA FIREFIGHTERS' ASSOCIATION
D~~~i
MEMORANDUM OF UNDERSTANDING
JULY 1, 2001-JUNE 30, 2003
6/01
TABLE OF CONTENTS
Article I . Parties and Recognition 4
Appropriate Unit 4
Mutual Recommendation 4
Article II Terms 5
Maintenance of Benefits 5
Savings Clause 5
State and Federal Laws 5
Article III Association Rights
. Right to Join 6
. Use of Bulletin Boards 6
. Payroll Deduction 6
. Access to Facilities 6-7
. Reasonable Notice 7
Article IV Management Rights 8
Article V Compensation 9-12
. General Compensation 9
. Promotion or Advancement 9-10
. Educational Incentive Compensation 10
. Step Increase Percentages 10
. Fire Prevention Bureau 11
. Truck Company Captain 11
. Administrative Captain Compensation 11
Article VI Overtime 12
. Fair Labor Standards Act 12
. Minimum Credit and Emergency Recall 12
. Shift Exchanges 12
Article VII Stability Pay 13
Article VIII Retirement 14
Article IX Health, Dental and Life Insurance 15-17
. Retired Health Insurance 16-17
Article X Disability Income Insurance 18
TABLE OF CONTENTS
Article XI Uniforms 19
Article XII Tuition Reimbursement 20-21
Article XIII Leaves 22-28
. Provided For 22
. Power to Grant Leaves 22-23
. Military Leave 23-24
. Vacation Leave 24-25
. Sick Leave 25-26
. Proof of Illness 26
. Denial 27
. Bereavement Leave 27
. Workers' Compensation 27
. Holidays 28
. Jury Leave 28
. Witness Leave 28
. Unauthorized Absence 28
Article XIV Probationary Period 29
Article XV EMT-1 Certification 30
Article XVI No Smoking Policy 31
Article XVII Response Time 32
Article XVIII Employee Grievances 33-40
. Definitions 33
. Timeliness 34
. Employee Representation 34
. Informal' Grievance Procedure 34
. Formal Grievance Procedure 34-35
. Appeal to Human Resources Commission 36-40
Article XIX Full Understanding/Execution of Agreement 41
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.seg.).
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
Firefighter
Firefighter Paramedic
Fire Engineer
Fire Captain
Section C. MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to be
presented to the Association members for ratification, and to the City Council for
adoption.
4
ARTICLE /I
Section A. TERMS
. The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment and it is mutually agreed that this
Memorandum of Understanding shall be effective for the period beginning July 1,
2001 and ending June 30, 2003.
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 all State and Federal laws relating to
employer-employee relations and employee benefits, and perceived infractions
shall not be a grievous offense, but must be pursued through proper legal
channels.
5
ARTICLE 11/ ASSOCIA TlON RIGHTS
Section A. RIGHT TO JOIN
The City and the Association recognize the right of the employees to form, join and
participate in lawful activities of employee organizations and the equal alternative
right of employees to refuse to join or participate in employee organization
activities.
Section B. USE OF BULLETIN BOARDS
The City shall provide for the Association's use designated bulletin boards where
employees in the bargaining unit have access during regular business hours
subject to the following conditions:
1. All postings for bulletin boards must contain the date of posting and the
identification of the organization and
2. The Association will not post information which is defamatory, derogatory or
obscene subject to the immediate removal of the right to post for a period
not to exceed 90 days.
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.
6'
ARTICLE 1/1 (continued)
Nothing herein shall be construed to prevent an Association representative or an
employee from contacting the Human Resources Manager or other management
representatives regarding personnel related matters during work hours.
The authorized representative shall be given access to work locations during
working hours provided that prior to visiting any work location the Association
representative shall:
1. Contact the Human Resources 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.
7
ARTICLE IV
MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this agreement, the City hereby
retains and reserves unto itself all rights, powers, authority, duty and responsibilities
confirmed on and vested in it by the laws and the constitution of the State of California,
the Charter of the City of Arcadia and/or the laws and Constitution of the United States of
America.
The management and the direction of the workforce of the City is vested exclusively in
the City, and nothing in this agreement is intended to circumscribe or modify the existing
rights of the City to direct the work of its employees; hire, promote, demote, transfer,
assign 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.
8
ARTICLE V COMPENSA TION
Section A. The City has a classification and compensation study completed April 12, 2001.
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.
In the event one or more of the above listed cities discontinues operating a City fire
department, the following cities, in this order, shall be used to replace any such
city: 1). Culver City and 2). Manhattan Beach.
The classifications Firefighter, Fire Engineer 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. Effective July 1, 2001, employees on B thru J steps of the current salary
schedule in the classifications of Fire Captain, Fire Engineer, and Fire
Paramedic shall be placed on the step closest to the current dollar amount
on the new salary schedule (Appendix A). On the same date employees on
step B thru J step of the current salary schedule in the classification of Fire
Captain, Fire Engineer, and Fire Paramedic shall be placed two (2) steps
higher on the salary schedule.
Effective JuIY-1, 2001, emQlo)'ees on the A ste~ of the current salary
schedule in the classifications of Fire Captain, Fire Engineer, Fire
Paramedic, ~nd Firefighter shall be Qlaced on the step which was identified
on the new salary scheduh:U6~pendix AL'and will receive no furthe~
~djustments other than cost of living or merit increases)
4. Effective the first pay period in July 2002, employees in the classifications of
'Fire Captain, Fire Engineer, Fire Paramedic, and Firefighter which wer~
I I
placed on the step closest to the current dollar amount on the salar)f
~chedule on JuIY-1, 2001, shall receive a one (1 )-steR increase on the
salary scheduler
9
ARTICLE V (continued)
5. Effective the first pay period in Wuly 200~, the ~alary schedule shall be
- ---,
im~roved bJ' 3.0% for all re~resented em~loJ'ees.
6. 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.
Section C. EDUCATIONAL INCENTIVE COMPENSATION
1. Qualified employees who possess an Associate of Arts degree shall receive
an additional 2.5% as their regular salary. EJllployees 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 Resources Manager.
3. Degrees shall be granted by colleges and universities, which are fully
accredited in the state of California.
4. Members who qualify for any step advancement based on education shall
provide to the Fire Chief a copy of their transcript which included the
notation of the degree received. The copy of the transcript will become part
of the individual's personnel file.
5. Employees who have qualified for the Educational Incentive Compensation
prior to June 30, 1999 shall retain that status.
Section D. The parties acknowledge that the percentages between steps shall be as close to
2.5% as the payroll computer's capability allows.
10
ARTICLE V (continued)
Section 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 or injury shall not receive the additional assignment pay.
Employees regularly assigned to the Fire Prevention Bureau, who are
injured (illness) and thereafter return to the assignment on a modified work
basis, shall not lose their assignment pay.
Section F. TRUCK COMPANY CAPTAIN COMPENSATION
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.
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.
11
ARTICLE VI OVERTIME
Section A. The Fire Chief may require employees in the Fire Department to work at any time
other than during regular working hours until such work is accomplished.
Section B. FAIR LABOR STANDARDS ACT
For periods of time that the Fair Labor Standards Act applies to employees in
classifications covered by this agreement, any such employee who is required to
work in excess of the standard hours established by the Act (currently 204 hours in
a 27 day period) shall be compensated at the rate of time and one-half the
employee's regular rate of pay, provided the employee is not otherwise exempt.
Computation of overtime and payment for overtime shall comply with the
Department of Labor regulations.
For purposes of overtime calculation, all paid leaves of absence shall be regarded
las hours worked, except sick leave. No overtime credit shall be allowed for anY,
beriod less that one-guarter hour.!
Section C. MINIMUM CREDIT AND EMERGENCY RECALL
No overtime credit shall be allowed for any ~eriod less than one-guarter hQUi1,
provided that an employee who is recalled to work after completing a day's work,
including any overtime, shall receive a minimum credit of one hour at time and
one-half at his hourly rate. Emergency Recall for sworn classifications shall
receive a minimum credit of two 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.
12
ARTICLE VI/
STABILITY PAY
~his feature of the Pay Plan is intended to encourage stability of eml2loyment by~g~g'
,years of service with GompenCLltion. Th~ 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 $500
Cash stability payments are made once a year between December 1, and December 10, only to
employees on the payroll as of December 1.
Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to
December 1, provided they meet all eligibility requirements.
Stability pay is applicable only to employees who were hired prior to July 1, 1983.
13
ARTICLE VI/I
RETIREMENT
Section A. The City contracts with the State of California Public Employees Retirement
System (PERS) for the classifications of Firefighter, Firefighter Paramedic, Fire
Engineer, and Fire Captain. The plan shall include the following options:
1.
2.
3.
4.
5.
. !
;3% at age 50 retirement formula.
Single highest year final compensation.
Post Retirement Survivor Continuance.
Credit for Unused Sick Leave (Sec.20862.8).
1959 Survivors Benefit for which each employee contributes ninety-three
cents ($.93) per pay period.
Fourth level 1959 Survivors Benefit increased allowance, Sec. 21382.4.
The City agrees to contract with PERS to provide a Military Service Credi\
as Public Service option, Section 21024. It is agreed and understood that
~he employee is responsible for paying for this benefitJ~
ifhe City of Arcadia elects to pay 9% of EE compensation earnable a~
Employer Paid Member Contributions (EPMC) and report the same [lercent
:(value) of com[lensation earnable as s[lecial com[lensationJ
6.
iT.
8.
14
ARTICLE IX HEAL TH. DENTAL AND LIFE INSURANCE
Section A. Effective January 1, 2002 the City shall provide regular full-time employees in a
classification 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. Dental Insurance - 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 Optional Benefits allocation.
3. Optional Benefits
The City shall contribute toward an optional benefits plan to meet the
employee's needs for health and dental insurance.
Single employees without dependents, hereinafter referred to as "Employee
only," shall receive a contribution from the City towards the cost of
premiums not to exceed .$290.80/montt1. 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
$525.80/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 $669.80/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 and the amount contributed by the City. The employee
shall forfeit any balance should the City's contribution exceed the cost of the
premium.
The employee's exercise of the option to use the difference toward
dependent health coverage is subject to the conditions controlling
enrollment periods and eligibility established by the respective plans or
carriers.
Dependent enrollment will require proof of eligibility for dependent status
such as marriage, birth arid adoption certificate.
4. Life Insurance
The City shall continue to provide $7500.00 life insurance benefit for eligible
employees:
15
ARTICLE IX (continued)
5. IThe City shall provide each employee with a vision plan, with the Cit~
paying the premium in the fiscal year 2001-2002 and 2002-2003. This
~ision plan will be Vision Service Plan, oQtion B. The CitY~Qa)' th~
'Qremium uQ to the cost of the famiIY_Qlan.1
Section B. RETIREE HEALTH INSURANCE
The City agrees to pay the employee-only health insurance premium for eligible
retirees from the classifications of sworn personnel represented by this agreement
who retire after Jul)' 1, 1985. Such Qa)'ment shall cease when the eligible retiree is
~gible for Medicar8) If the retired employee has other group medical coverage
available to him/ho[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 sworn unit member who retires on a SERVICE 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
retirement 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 to
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 60 days (720 hours)
of sick leave.
40 Hour Week Schedule
A unit member assigned to a 40 hour week schedule who retires on a SERVICE
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.
16
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.
17
ARTICLE X DISABILITY INCOME INSURANCE
Section A. Effective July 1, 2001, the City will no longer,pay for disability income insurance fo~
represented employees. The Association 'agrees to (:1urchase its own disability,
insurance through.(:1ay.roll deductions!
Section B. ifhe Association agrees to coordinate the change in carriers.
18
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 ~Qtain' class "A" uniform includes: 1 pair of dress pants, an Eisenhower
jacket, 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 Qosition of CaQtain'.
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.
19
'ARTICLE XI/ TUITION REIMBURSEMEN7i
Section A. The Tuition Reimbursement Program will operate on a fiscal year basis (July 1
through June 30). Each employee shall be eligible for reimbursement of
educational expenses which are job related or are applicable toward a specific
degree. Reimbursement will be provided upon the successful completion of
course work.
Maximum tuition reimbursement, including on campus parking fees and textbooks
is $2,150.00 per fiscal year. School supplies are not reimbursable.
The City reserves the right to investigate any school and approve or disapprove it
for reimbursement if such action appears warranted. Only courses, specialized
training, or degree programs "job-related" to permanent full-time positions will be
considered for tuition reimbursement. Individual courses taken toward
achievement of career objective such as a law degree or a teaching credential will
be reimbursable only to the extent that such courses are job related as determined
by the Department Head and Human Resources Manager.
The Tuition Reimbursement Program is voluntary and time spent on courses will
not be considered as time worked for the City, unless an employee is directed to
participate by the department administrator.
Reimbursement for Degree Programs which are structured on a "special package"
basis will be considered individually and terms will be negotiated. In no
circumstance, shall a negotiated reimbursement exceed $2,150.00 in a given year.
To qualify for reimbursement, the following criteria must be met:
1. A course grade of "C" or equivalent, or higher must be attained.
2. The employee must be currently employed by the City of Arcadia.
3. The course must be taken at an accredited educational institution, which is
defined as any college, university, technical, vocational, business or high
school which has been accredited by a recognized governmental or
professional accrediting body.
20
ARTICLE XII (continued)
Any employee who receives tuition reimbursement must remain in the employ of
the City for one (1) year after completion of any course for which reimbursement
was made. If the employee voluntarily terminates employment, or is terminated by
the City, prior to one (1) year after completion of the course(s), he/she must repay
the City all monies received. (This may include deduction from vacation leave etc.)
An Education Reimbursement Request Form must be submitted to an employee's
Department Head before the course begins, in order to qualify for tuition
reimbursement. Upon Department Head approval the form will be forwarded to
the Human Resources Manager.
Following review by the Human Resources Manager and City Manager, the form
will be returned Approved/Disapproved to the employee.
After receiving approval, the employee holds the form until completion of the
course(s).
After approved course(s) have been successfully completed, the employee must
submit the form with a copy of grade(s) and tuition and book receipts to the Human
Resources Department.
After final reimbursement is approved, the Administrative Services Department will
issue a reimbursement check to the employee.
21
ARTICLE XIII
LEA VES
Section A. In accordance with the current Personnel Rules and Regulations of the City of
Arcadia, all leaves for classifications represented by this agreement shall be
provided for as follows:
Section 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 Return - the granting of a. leave of absence without pay confers
upon the employee the right to return 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 return to his classification with
the City.
4. Service Record - no request for leave of absence will be considered unless
the employee presenting the request has a satisfactory service record.
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 return to work.
22
ARTICLE XIII (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 leave 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 absence, 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
California 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 who 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.
23
ARTICLE XIII (continued)
Employees prior to being returned 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 returning employee to submit other than a dishonorable
discharge or pass the required medical examination, he/she shall not be entitled to
return to his/her 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 24 hour shift schedule in the classification of
Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain with the
exception of temporary appointments, shall accumulate vacation leave
beginning with the first full pay period of employment, at the rate of 7.384
hours per pay period during the first five years of continuous full time
employment with the City (8.0 shifts per year), at the rate of 8.307 hours per
pay period between the employee's fifth and tenth anniversary date of
continuous full-time employment; at the rate of 10.153 hours per pay period
between the employee's tenth and fifteenth anniversary date of continuous
full time employment; and at the rate of 11.076 hours per pay period after
the completion of fifteen years of continuous full time employment with the
City (12 shifts per year). For employees assigned to 24 hour shifts, a "day"
means 12 hours or one-half (1/2) shift.
a. Sworn employees assigned to a 40 hour week schedule, with the
exception of temporary appointments, shall accumulate vacation with
pay beginning with the first full pay period of employment at the rate
of 4.61 hours per pay period during the first ten years of continuous
full time employment with the City and at the rate 6.77 hours per pay
period after the completion of ten years of continuous full time
employment with the City.
2. Accumulated vacation leave shall be granted at the discretion of the
appointing power.
24
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
been unable to utilize vacation time and this has not been a pattern or
practice for that employee, the City Manager for good cause may approve
excess accumulated vacation, provided the employee reduces this total
below the allowable maximum within six (6) months.
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 into 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 earned.
Every City employee who leaves the City employ for any reason shall be
granted all accumulated vacation or shall be paid therefore at his 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 shall receive credit for that pay period's
vacation 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).
25
ARTICLE XfII (continued)
Sworn employees may accumulate up to a maximum of 2,100 hours 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 unable to work due to a medical condition or due
to a scheduled medical or dental appointment during regular working hours.
Every effort shall be made to schedule appointments during non-working
hours.
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 a result 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. .
26
ARTICLE XIII (continued)
6. DENIAL
The Fire Chief and City Manager may deny or revoke sick leave if the
illness or injury for which it is taken is caused or substantially aggravated by
compensated outside employment.
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 employee's or
employee's spouse's mother, stepmother or father, stepfather, brother or sister,
child or stepchild, grandparents, grandchildren, or any relative of the employee or
employee's spouse residing in the same household. Such leave, up to a
maximum of three (3) working days at one time, shall not be charged against sick
or other leave. If over three (3) working days of such leave is granted, at one time,
that amount over three (3) 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 leave. Pursuant to the Internal Revenue
Code, Section 104 (a) (1), Workers' Compensation benefits are not taxable
income.
27
ARTICLE X/II (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
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
,Effective July 1, 2001 employees in the classifications of Firefighter, Firefighte1
,Paramedic, Fire Engineer and Fire Ca(:1tain shall also be allowed Washington's
Birthday with full ~yj
Effective July--.1, 2002 em(:1loyees in the classifications of Firefighter, Firefighter
Paramedic, Fire Engineer and Fire Captain shall also be 'allowed Admission Day,
with full (:1ay,.
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 10 days per year. For each
day the employee receives jury leave pay, the employee shall remit to the City all
fees received except mileage.
Section J. 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.
S.ection K. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
28
ARTICLE XIV
PROBA TIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work-test period
during which the employee's performance and conduct on the job are evaluated to
determine whether or not the employee is fully qualified for permanent
appointment.
During the probationary period, a probationer may be released, or demoted if
permanent status is held in a lower classification, without the right of appeal, if the
appointing power deems the probationer unfit or unsatisfactory for service.
When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as a probationary
employee, with no time interval between the provisional and probationary
appointment, the "employment date" as herein defined, shall be the date first
appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive
examination and who are not currently employed in a permanent position shall be
on probation for eighteen (18) months before attaining permanent status.
Section C. Eligible candidates appointed from a promotional list shall be on probation for
twelve (12) months before attaining permanent status.
29
ARTICLE XV
EMT-1 CERTIFICA nON
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.
30
ARTICLE XVI
NO SMOKING POLICY
In recognition of the health hazards arising form the use of tobacco products, the parties
agree that as a condition of employment, all unit members hired after July 1, 1991 shall
sign individual agreements that the employee shall refrain from smoking, chewing or
otherwise using tobacco products such as, but not limited to, cigarettes, cigars, pipe
tobacco, chewing tobacco or snuff.
An employee who fails to comply with the agreement shall receive a written warning for
the first offense, two shifts off without pay for the second offense and shall be discharged
for the third offense.
31
ARTICLE XVII
RESPONSE TIME
Due to the emergency requirements of prompt response time, all members of the unit are
expected to return to work as soon as possible when required to respond to local
emergencies. Employees shall be required to make themselves available to emergency
recall response within twelve (12) hours of notification.
Effective July 4, 1999 all sworn members of the unit must live within a seventy-five mile
radius of the City of Arcadia. Sworn unit members who currently live outside the seventy
five mile distance shall not be required to move; however, they shall not move to any
location that is a further distance than that they resided at on July 4, 1999.
32
iARTICLE 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. The procedure is not intended to be used to challenge a
reclassification, layoff, transfer, denial of reinstatement, or denial of
a step or merit increase.
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.
33
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.
If the 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 next level supervisor on the official
City grievance form setting forth the following information:
a. The specific section of the rules or MOU allegedly violated.
b. The specific act or omission which gave rise to the alleged
violation.
c. The date or dates on which the violation occurred.
d. Documents, witnesses or evidence in support of the grievance.
e. The resolution of the grievance at the informal stage.
34
ARTICLE XVIII (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 render a decision in writing, on the
grievance form, within ten (10) working days after receiving the grievance.
2. Department Head Review
If the employee does not agree with the decision of the next level
supervisor, within ten (10) working days after receiving the next level
supervisor's decision or twenty (20) days from the date the next level
supervisor received the grievance but failed to issue a decision, the
employee shall present the grievance in writing, on the grievance form, to
the department head.
The department head may require the employee and the immediate
supervisor to attend a grievance meeting. The department head shall
communicate a decision in writing within ten (10) working days of
receiving the grievance or within ten (10) working days of holding a
grievance meeting whichever is longer.
3. Human Resources 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
respond, the employee shall present the grievance to the Human
Resources Commission within ten (10) working days from the date of
receipt of the Human Resources Manager's decision or twenty (20) days
from the date the Human Resources Manager received the grievance but
failed to issue a decision.
35
ARTICLE XVIII (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.
36
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 not
provided pursuant to this section unless that party can show that
they could not reasonably have anticipated the prior need for such
witness or such exhibit.
c. Statement of Issues
Five (5) working days prior to the date set for the hearing, each
party shall submit to the Human Resources Division of the
Administrative Services Department a Statement of Issues.
4. Submission to the Human Resources Commission
Five (5) working days prior to the date set for the hearing, the Human
Resources Division of the Administrative Services Department shall
present each member of the Human Resources Commission with a copy
of the jurisdictional documents. Those documents include the grievance
documents at each level and the responses to the grievance.
5. Payment of Employee Witnesses
Employees of the City who are subpoenaed to testify during working hours
will be released with pay to appear at the hearing. The Commission may
direct that these employees remain on call until called to testify.
Employees who are subpoenaed to testify during non-working hours will
be compensated for the time they actually testify, unless the City agrees
to a different arrangement.
6. Conduct of the Hearing
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 which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
common law or statutory rules which might make improper the
admission of such evidence over objection in civil actions.
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.
37
ARTICLE XVIII (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 not be 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
Resources Commission 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.
38
ARTICLE XVIII (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.
39
ARTICLE XVIII (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 it's 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 Commission, any exceptions filed, and a record, if one is
requested. The decision of the City Manager shall be final. The decision
shall be transmitted to the employee and to the department head.
40
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 , 2001.
ARCADIA FIREFIGHTERS
ASSOCIATION
CITY OF ARCADIA
David Franta
President
William R. Kelly
City Manager
41
2001 BARGAINING TEAMS
AFFA WAGE NEGOTIATING TEAM
CITY REPRESENTATIVES
Kurt Norwood, Firefighter/Paramedic
David Bell, Assistant Human Resources
and Risk Manager
Dan Cassidy, Attorney
Chris Ludlum, Management Analyst
Don Shawver, Fire Battalion Chief
Kevin Valentine, Firefighter/Paramedic
42
CITY OF ARCADIA SALARY RANGE
JULY 2001 TO JUNE 2002
For AFFA
Range I I f I I I
Number ITitle I Step A Step B StepC Step D Step E Step F StepG Step H Step I Step J
611 Firefighter I $3,720 $3,813 $3,909 $4,0061 $4,107 $4,209 $4,314 $4,422 $4,533 $4,646
621 Firefighter AA I $3,813 $3,909 $4,006 $4,1071 $4,209 $4,314 $4,422 $4,533 $4,646 ~ $4,762
631 Firefighter BA 1 $3,909 $4,006 $4,107 $4,209 $4,314 $4,422 $4,5331 $4,646 $4,762 $4,881
641 I $4,0061 $4,107 $4,209 $4,314 $4,422 $4,533 $4,6461 $4,762 $4,881 $5,003
651 $4,1071 $4,209 $4,314 $4,422 $4,533 $4,646 $4,7621 $4,881 $5,003 $5,129
~-
661 1 $4,209 $4,314 $4,422 $4,533 $4,646 $4,762 $4,8811 $5,003 . $5,129 $5,257
67 I $4,314 $4,422 $4,533 $4,646 $4,7621 $4,881 $5,003 $5,129 $5,257 $5,388
68 Fire Engineer I $4,422 $4,533 $4,646 $4,762 $4,881 $5,003 $5,129 $5,257 $5,388 $5,523
Fire Paramedic I
69 Fire Engineer AA I $4,533 $4,646 $4,762 $4,881 $5,003 $5,129 $5,2571 $5,388 $5,523 $5,661
,
IFire Paramedic AA I
70lFire Engineer BA I $4,6461 $4,762 - $4,881 $5,0031 $5,1291 $5,257 $5,388 $5,523 $5,661 $5,803
1 I I I
Fire Paramedic BA
711 $4,7621 $4,881 $5,003 $5,1291 $5,257 $5,388 $5,523 $5,661 $5,803 $5,948
721 $4,8811 $5,003 $5,129 $5,257 $5,388 $5,523 $5,6611 $5,803 $5,9481 $6,097
731 $5,003 $5,129 $5,257 $5,388 $5,523 $5,661 $5,8031 $5,948 $6,097 $6,249
741 $5,129 $5,257 $5,388 $5,523 $5,661 - $5,803 $5,9481 $6,097 $6,249 $6,405
--
75IFire Captain $5,257 $5,388 $5,5231 $5,661 $5,803 $5,948 $6,0971 $6,249 $6,405 $6,565
761 Fire Captain AA 1 $5,388 $5,523 $5,661 $5801 $5,948 $6,097 $6,249 $6,405 $6,565 $6,729
77IFire Caotain BA $5,523 $5,661 $5,8031 $5,9481 $6,097 $6,249 $6,4051 $6,565 $6,729 $6,897
Range f
Number Title
611 Firefighter
~ghterAA
~ghter BA
641
65
66
67
68 Fire Engineer
Fire Paramedic
691 Fire Engineer AA
I Fire Paramedic AA
70lFire Engineer BA
Fire Paramedic BA
71
72
73
741
751Fire Captain
761Fire Captain AA
77iFire CaDtain BA
CITY OF ARCADIA SALARY RANGE
JULY 2002 TO JUNE 2003
For AFFA
~I
Ste~ Step B
$3~3,928
$3,928 $4,026
$4,026 $4,127
$4,1271 $4,230
$4,230 $4,336
$4,336 $4,444
$4,443 $4,555
$4,555 $4,669
I
i $4,6691 $4,786
I
$4,786 $4,906
I
1
I
I
$4,906
$5,028
$5,154
$5,283
$5,4151
$5,550 I
$5,689
$5,028
$5,154
$5,283 j
$5,415L
$5,550i
, $5,6891
$5,831 :
Step C
$4,026
$4,127
$4,230
$4,336
$4,444
$4,555
$4,669
$4,786
$4,906
$5,028
$5,154
$5,283
$5,4151
$5,5501
$5,6891
$5,831 i
$5,9771
Step 0
$4,127
$4,230
$4,336
$4,444
$4,555
$4,669
$4,786
$4,906
$5,0281
$5,154.1
$5,283
$5,415
$5,550
$5,689
$5,831
$5,9771
$6,1261
Step E
$4,230
$4,336
$4,444
$4,555
$4,669
$4,786
$4,906
$5,028
$5,154
1
$5,283
$5,415
$5,5501
$5,689
$5,8311
$5,9771
$6,1261
$6,2791
Step F
. $4,336
$4,4441
$4,555!
$4,669
$4,786
$4,906
$5,028
$5,154
$5'~
$5,4151
$5,550
$5,689
$5,831
$5,977
$6,126
$6,280
$6,436
StepG
$4,444
$4,555
$4,669
$4,786
$4,906
$5,028
$5,154
$5,283
I
$5,4151
I
$5,5501
. $5,689
$5,831
$5,977
$6,126
$6,279
$6,437'
$6,597
I
Step H Step--'-IS..!E'p J
$4,555 $4Jj69J$4,786
$4,669 $4,786 $4,906
$4,786 $4,906 $5.028
$4,906 $5,028 $5,154
$5,028 $5,154 $5,283
$5,154 $5,283 $5,415
$5,283 $5,415 $5,550
$5,4151 $5,550 $5,689
$5,5501-~,831
I 1
$5,6891$5,831 $5,977
$5,831
$5,977
$6,126
$6,279
$6,436
$6,5971
$6,7621
$5,977
$6,126
$6,279
$6,436
$6,597
$6,762
$6,931
$6,126
$6,279
$6,436
$6,597
$6,762
$6,931
$7,104