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HomeMy WebLinkAbout6123 RESOLUTION NO. 6123 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 FIREFIGHTER'S ASSOCIATION FOR FISCAL YEARS 1999-2000 AND 2000-2001 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FfND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The salary and benefits set forth herein are predicated on the attached Memorandum of Understanding (MOU) by the City and the Arcadia Firefighter's Association 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 of this Resolution. Passed, approved and adopted this 15 day of June, 1999. tb~it!~'" Attest: J APPROVED AS TO FORM: }!L{d,J ~dR City Attorney -1- 6123 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby certify that the foregoing Resolution No. 6123 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 15th day of June, 1999 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Harbicht, Kovacic, Marshall, Roncelli and Chandler NOES: None ABSENT: None -2- 6123 CITY OF ARCADIA AND ARCADIA FIREFIGHTERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1, 1999 - JUNE 30, 2001 6/99 6123 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 1 0-11 . Step Increase Percentages 11 . Fire Prevention Bureau 11 . Truck Company Captain 12 . Administrative Captain Compensation 12 Article VI Overtime 13 . Fair Labor Standards Act 13 . Minimum Credit and Emergency Recall 13 Article VII Stability Pay 14 Article VIII Retirement 15 Article IX Health, Dental and Life Insurance 16-18 . Retired Health Insurance 17-18 Article X Disability Income Insurance 19 2 6123 TABLE OF CONTENTS Article XI Uniforms 20 Article XII Tuition Reimbursement 21 Article XII I Leaves 22-28 . Provided For 22 . Power to Grant Leaves 22-23 . Military Leave 23-24 . Vacation Leave 24-25 . Sick Leave 25-27 . Proof of Illness 27 . Denial 27 . Bereavement Leave 27 . Workers' Compensation 27-28 . 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 and Grievances 33-36 . Procedure 33-34 . General Provisions 34-35 . Definitions 35-36 Article XIX Full Understanding/Execution of Agreement 37 3 6123 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 6123 ARTICLE 1/ 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, 1999 and ending June 30, 2001. 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 6123 ARTICLE 11/ ASSOCIA TION 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 6123 ARTICLE III (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 pr'lor 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 andlor 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 6123 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 work force 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 6123 ARTICLE V COMPENSA TION Section A. The City has a classification and compensation study completed March 12, 1999. 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, Gardena, Monrovia, Monterey Park, Pasadena, 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). Redondo Beach 2). Culver City and 3). Manhattan Beach. The classifications Firefighter, Fire Engineer and Fire Captain are benchmark classes within the survey. The City and the Association agree that with respect to employees at E step, the survey shall be implemented as set forth in Section C. 3 and 4 herein below. Section B. Effective the pay period beginning January 2, 2000 the salary schedule shall be improved by 2.5% for the represented employees. Effective July 2, 2000 the salary schedule shall be improved by 3.0% for the represented employees. Section C. 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 4, 1999 employees on E step of the current salary schedule in the classifications of Fire Captain, Fire Engineer, and Fire Paramedic shall be placed on I step of the 10 step salary schedule (Appendix A). On the same date employees on E step of the current salary schedule in the classification of Firefighter shall be placed on J step of the 10 step salary schedule. 9 6123 ARTICLE V (continued) Effective July 2, 2000 employees in the classifications of Fire Captain, Fire Engineer, and Fire Paramedic shall move to J step of the 10 step salary schedule. Effective January 14, 2001 employees in the classification of Fire Captain shall move to J step of Ranges 72, 73, or 74 on the salary schedule. This last movement represents an adjustment to the benchmark position for the classification of Fire Captain. 4. Effective July 4, 1999 Firefighters on steps A through D of the current salary schedule shall be placed on the step of the new 10 step pay plan which is closest to that individual's base rate. During the term of this agreement, these individuals will advance in their rates of compensation two steps (approximately 5.0%) on their anniversary dates upon receiving satisfactory performance evaluations. Individuals in the c1asification of Firefighter shall be held at the current salary amounts (Y-rated) until a salary increase which results in the Y -rate falling below the new salary amount. Effective July 4, 1999, individuals in the classifications of Fire Captain, Fire Engineer, and Fire Paramedic on steps A through D of the current salary schedule shall be placed on the step of the new 10 step pay plan which is closest to that individual's base rate plus one step. During the term of this agreement, these individuals will advance in their rates of compensation two steps (approximately 5.0%) on their anniversary dates upon receiving satisfactory performance evaluations. . Section D. EDUCATIONAL INCENTIVE COMPENSATION 1. Qualified employees who possess an Associate of Arts degree shall receive an additional 2.5% as their regular salary. Employees who possess a Bachelor of Arts or Science degree shall receive an additional 5% as their regular salary. 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. 10 6123 ARTICLE V (continued) 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 E. The parties acknowledge that the percentages between steps shall be as close to 2.5% as the payroll computer's capability allows. Section F. FIRE PREVENTION BUREAU ASSIGNMENT 1. Fire suppression personnel assigned to the Fire Prevention Bureau shall receive S69.23 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. 11 6123 ARTICLE V (continued) Section G. 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 $46.15 per pay period in addition to his base salary during the period of the assignment as the Truck Company Captain. Section H. 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. 12 6123 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. Section C. MINIMUM CREDIT AND EMERGENCY RECALL No overtime credit shall be allowed for any period less than one-half hour, provided that an employee who is recalled to work after completing a day's work, including any overtime, shall receive a minimum credit of one hour at time and one-half at his hourly rate. Emergency Recall for sworn classifications shall receive a minimum credit of two hours at time and one-half the employee's hourly rate. 13 6123 ARTICLE VII STABILITY PAY This feature of the Pay Plan is intended to encourage stability of employment by recognizing years of service with compensation. 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 5325 18 $450 14 5350 19 $475 15 5375 20 $500 Cash stability payments are made once a year between December 1, and December 10, only to employees on the payroll as of December 1. , Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Stabiiity pay is applicable only to employees who were hired prior to July 1, 1983. 14 6123 ARTICLE VIII RETIREMENT Section A. The City contracts with the State of California Public Employees Retirement System (PERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 2% at age 50 retirement formula. 2. Single highest year final compensation. 3. Post Retirement Survivor Continuance. 4. Credit for Unused Sick Leave (Sec.20862.8). 5. 1959 Survivors Benefit for which each employee contributes ninety-three cents ($.93) per pay period. 6. Fourth level 1959 Survivors Benefit increased allowance, Sec. 21382.4. 15 6123 ARTICLE IX HEAL TH, DENTAL AND LIFE INSURANCE Section A. Effective February 1, 1999 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 S245.80/month. 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 480.80/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 624.80/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 and adoption certificate. 16 6123 ARTICLE IX (continued) 4. Life Insurance The City shall continue to provide $7500.00 life insurance benefit for eligible employees. 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 July 1, 1985. Such payment shall cease b employee's sixty-fifth (65) birthday. If the retired employee has other group medical coverage available to him/her, then this other group insurance shall be primal)' and the City's health insurance plan shall function as secondal)' 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 17 6123 ARTICLE IX (continued) employee assigned to a 40 hour workweek 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 (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 jI,ssociation 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 S16.00 per month. The difference betvveen 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. 18 6123 ARTICLE X DISABILITY INCOME INSURANCE Section A. Effective July 1, 1991, the City shall provide disability income insurance up to a maximum total monthly payment of $14.60 per employee, covered by this agreement. Section B. The parties agree to discuss the carrier during the life of this agreement. ,. 19 6123 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 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. 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. 20 6123 ARTICLE XII TUlT/ON REIMBURSEMENT Section A. City will reimburse the employee 100% of the cost of books, fees and tuition for up to 7 semester or 9 quarter units during each semester/quarter at rates of the California State University system. The reimbursement shall be for only courses that are directly related to the employee's occupation as determ'lned by the City Manager. No general education course or other courses not directly related to the job would be approved for reimbursement. Prior 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 of a class or classes shall refund all tuition paid under this provision unless he was required to attend by the appointing power. 21 6123 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 6123 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 6123 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 6123 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 6123 ARTICLE Xfff (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 "irnmediately" 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. 26 6123 ARTICLE XIII (continued) 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. 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. 27 6123 ARTICLE Xfff (continued) injury or illness. Lost time due to an injury or illness on duty shall not be charged against an employee's accumulated sick leave. Pursuant to the Internal Revenue Code, Section 104 (a) (1), Workers' Compensation benefits are not taxable income. Section H. HOLIDAYS Employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain shall be allowed the following holidays with full pay and no others: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day 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 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. Section K. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 28 6123 ARTICLE: XlV PROBA TlONARY PERlOD 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 8. 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 6123 ARTICLE XV EMT.1 CERTlFICA 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. 30 6123 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 6123 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 6123 ARTICLE XVIII EMPLOYEE GRIEVANCES Section A. PROCEDURE An employee, or group of employees, who feel they have a grievance have the right to express it through the proper channels. The following procedure shall be followed in presenting a grievance: 1. Within fifteen (15) days of the act or omission, or the date on which the employee reasonably should have known of the act or omission of the occurrence of the event giving rise to the employee(s) grievance, the employee(s) shall discuss the grievance with their immediate supervisor. 2. If, after discussing the grievance with the supervisor, the employee(s) islare still dissatisfied, a written grievance may be filed by the employee(s) with the individual in the next higher position in the department provided such written grievance is filed within ten (10) days of the meeting referred to in the paragraph above (1-A). A decision in writing within ten (10) workdays shall be communicated to the employee(s) If the response is not made within the time limits, or if the employee(s) is/are still dissatisfied, the employee(s) may appeal in writing to the department administrator. 3. An employee, or group of employees, proceeding to the department administrator shall file a written appeal within five (5) workdays of notice of the decision referred to in the paragraph above (1-B) or within five (5) workdays of the lapse of the time limits. The department head may require the employee(s) and the immediate supervisor to attend a grievance meeting. The department head shall communicate a decision in writing within ten (10) workdays of receiving the grievance or the holding of a grievance meeting, whichever is longer. If the response is not made within the time limits or if the employee(s) islare still dissatisfied, the employee(s) may appeal in writing to the Human Resources Manager. 4. An employee, or group of employees, appealing to the Human Resources Manager shall file a written appeal within five (5) 33 6123 ARTICLE XVIII (continued) workdays of notice of the decision referred to in the paragraph above (1-C) or within five (5) workdays of the lapse of the time limits within which the written decision was required. The Human Resources Manager shall then take whatever action deemed appropriate to resolve the grievance and may require the employee(s) and the immediate supervisor to attend a grievance meeting. The Human Resources Manager shall communicate a decision in writing within ten (10) workdays of receiving the grievance or the holding of a grievance meeting, whichever is longer. If the Human Resources Manager's response is not made within the time limits, or if the employee(s) islare still dissatisfied, the employee may appeal in writing to the Human Resources Commission. Such appeal shall be filed within five (5) workdays of notice of the decision or within five (5) workdays of the lapse of the time limits within which the written decision was required. 5. The Human Resources Commission shall within five (5) workdays of receipt of the appeal, set a date for a hearing. Such hearing date shall be within thirty (30) calendar days from the date of receipt of the appeal. All parties shall be notified by U.S. Mail of the date, time, and place of the hearing by the Human Resources Manager. 6. All of the facts shall be presented to the City Manager, along with the recommendation of the Human Resources Commission. The employee(s) shall have the right to meet with the City Manager, within five (5) workdays from the date the Human Resources Commission makes a recommendation to the City Manager. The City Manager shall render a final decision in writing within ten (10) workdays after reviewing the recommendation of the Human Resources Commission or the holding of a grievance meeting, whichever is longer. Section B. GENERAL PROVISIONS 1. The grievant(s) haslhave the right of representation of their choice at all levels. The Human Resources Manager shall be notified of the representative, if any. 34 6123 ARTICLE XVI/f (continued) 2. Except by mutual agreement, failure by the employer at any level to communicate a decision within the specified time limit shall permit the grievant(s) to proceed to the next level. 3. Except by mutual agreement, failure by the grievant(s), at any level, to file or appeal a grievance to the next level within the specified time limit shall be considered acceptance of the resolution of the grievance at that level. 4. Time limits may be waived by the mutual consent of the parties. . Section C. DEFINITIONS 1. Grievance All allegations by any employee, or group of employees, in the classified service that the employee(s) haslhave been adversely affected by a violation of a specific provision of the Memorandum of Understanding, Personnel Rules and Regulations of the City andlor of the department. 2. Grievant A grievant is any employee, or group of employees, in the classified service adversely affected by a violation of a specific provision of the Memorandum of Understanding, Personnel Rules and Regulations of the City andlor of the department. 3. Written Grievance The written grievance shall set forth a clear statement of the grievance, the specific Personnel Rule(s) andlor section(s) of the Memorandum of Understanding involved, the circumstances involved, the decision rendered at the informal conference and the specific remedy sought. 35 6123 ARTICLE XVfll (continued) 4. Written Appeal The written appeal shall outline the same information specified in the written grievance definition, plus the decision rendered at the previous step(s) in the process. 5. Workday A workday is any day the City offices are regularly open for business. 36 6123 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 , 1995. ARCADIA FIREFIGHTERS ASSOCIATION CITY OF ARCADIA Kurt Norwood President William R. Kelly City Manager 37 6123 1999 BARGAINING TEAMS AFFA WAGE NEGOTIATING TEAM Kurt Norwood, President Kevin Valentine, First Vice-President Ken Marston, Lead Negotiator CITY REPRESENTATIVES Carol Przybycien, Human Resources Manager Dan Cassidy, Attorney David Bell, Risk Manager 38 6123 AFFA MONTHLY SALARY SCHEDULE JULY - DECEMBER 1999 ~ang~ Number Title 58 Firefighter 59 Firefighter AA 60 Firefighter SA 61 62 63 64 == ____?l_ ~~e.:~~~i6~er ~- _ _ ___ _ Fire Paramedic ----66 FireEn-giiieer-,Aj\---- P-.----$3;g8Ei -- --$4;086--$4;188 ---$4,292 ---$4~400 --.- $4~5io --$4-,623 ---$4}38 ---$-(S57---${978 Fire Paramedic AA 67 Fire Enginee.r~~____ $4,086 ~4.188 ~4,292 ----s4,400 - $4,510 ~4,623 - $4]38 ~4,857 ~4,978 ~5, 102 Fire Paramedic SA ______ ~____ _______ ______ __.___ _____ _____ -----c----- 68 $4,188 $4,292 $4,400 $4,510 $4,623 $4,738 $4,857 $4,978 $5,102 $5,230 69 ~4,2g2 $4,400 ~~516 -$4,623 -$4,738 ~4,857 -:f4~978~5~162 ~5)30~5,36-1 70 $4,400 $~~51~ -$4,6~~ $4,73~ =$4,85~ $4,9f~-$5, 1Q~ ~5.236 -$5~361 $~:3~~ 71 Fire Captain $4,510 $4,623 $4,738 $4,857 $4,978 $5,102 _ $5,230 $5,3~1~5,~~5 ~~~3~ -~72 FireCaptairi-AA------- --$4;623 --$4;738 --$4,857 -$~;g78 --$5,102 ~5:236_-$5:36'! -----$5:4~5 --!5,6~2 -~~/7~ 73Fire-caplainBA------$(738 -${857 --$(978 -$5)62 --$5,230 --$5,361 -$5~495 -----$5,6~2 -$5,7~3 -$~~~1~ --74 --------------- --$4~857 --$4;978 -$5:102 --$5;236 -$5,361-$5~495 ~5;632-$5,773 ~5,917~6,065 -Step j;.,- Slep-S -- -StepC --Step 0- -Slep-E- -Step-F- -Ste-p- G-- --slepH- --Step-j-- -- Slep-j- $3,271 $3,353 $3,437 ~:523 '$3,611 -$3,761" --$3, 794 -$3~889 -$3~986 -$(086 -- -$3,353 -$3,437 -$3,523 -$3,611" ~3,761 ~n94 - $3,889 ~3.986 ~4,086 - $4:188 $3,437 -$3,523 $3,611 $3,761 $3,794 $3,889 ~3;g86 ~,086-$4,188~4;292 $3,523 ~3,61 f $3,701 ~3;794 ~3,889 $3,986 ~4,686 -$4:188 $4,292 -$4~466 $3,611 $3,701 $3,794 $3,889 $3,986 $4,086 $4,188 $4,292 $4,400 $4,510 $3,701 ~3,794 $3,889 $3,986 --s4-:D86 $4,188 -$4~292 -$4,400~,510 -:f4.623 $3,794 -$3-;889 $3,986 $4,086 $4,188 $4,292 ~4~400 "$4,510 ~4.623 -$4,738 ____$3.~89 __ ~_~~~8~ =~~,~8.6 =-$~J~~ ____~4~?_2 _~~:4~0 ~-=$4}}~__ $4.,_~~~ ___J4,73~ :"'_!~~8~~ '" .... N VJ AFFA MONTHLY SALARY SCHEDULE JANUARY - JUNE 2000 ~ang~ -------- ---~-- ---~~ ----- ~- --~_._- -- -------- --.----- --'. ----- -----~+- .----- Number Tille ~p_Au ~p_B__ ~J:S:__ ~J:P__ Step E Step F SteE-~_ ~~p~-- ~te~_ Step J ------- $3,701 $3,794 ~4-:i~~ 58 ~refi[~!~_o_ $3,353 $3,437 $3,523 ~3,611_ $3,889 $3,986 $4,086 --.---.-- --------" -----. $p~~ ------ - -~~986 -$4,086 ------ 59 ~refig~~er AA $3,437 $3,523 $3,611 $3,701 $3,889 $4,188 $4,292 ~----- ---- --- ~-;g86 ----~- ----. ._~--- ~AOO 60 Firefighter BA $3,523 $3,611 $3,701 $3,794 $3,889 $4,086 $4,188 $4,292 ---- ------. -$4:188 ------ ------ ------ 61 $3,611 $3,701 -~~~~~ $3,889 $3,986 $4,086 $4,292 $4,400 $4,510 ---- ---- ----- ----------- ------- --$4,086 -$4,188 ---.---- -----.--- --- -~- - .- -~--,-- 62 $3,701 $3,794 $3,889 $3,986 $4,292 $4,400 $4,510 $4,623 -----. ~--- ------- -~--- ------ --.--- $U38 63 $3,794 $3,889 $3,986 $4,086 $4,188 $4,292 $4,400 $4,510 $4,623 -.--- ----- $4,400 ---- ------ -~---_. --.---- 64 $3,889 $3,986 $4,086 $4,188 $4,292 $4,510 $4,623 $4,738 $4,857 ---- ----~- -----, - $4,400 ~~510 -----.- --.---- --$4,857 ------ 65 ~!~_~'2~in~13L___ $3,986 $4,086 $4,188 $4,292 $4,623 $4,738 $4,978 -'-~ ----.--.-- ------ ----- ----~-- ------- ....------- -<--- ----- Fire Paramedic -.-----.. ----------_.---- -- ----- ------- --~-- -.----- ----- ----- ----${sf6 ---.- ---- .------- --- -------- .------.-- - --- ~----- 66 Fire Engineer AA: $4,086 $4,188 $4,292 $4,400 $4,623 $4,738 $4,857 $4,978 $5,102 --- -- Fire Paramedic AA ------- ----- ~------ ------ --- --- ---- $5,230 67 ~i~l3.. Enllineerl3'~ __ $4,188 $4,292 $4,400 $4,510 $4,623 $4,738 $4,857 $4,978 $5,102 ---- ---~- ------ --- -----.- ----~ ---_.~ --_.~- --- ----- ----------- --.--- Fire Paramedic BA - . .-.. ------ -.-------. ----. -- - --- -. - $4,738 - .---- -.--- - -- . - - -- - --$5,361 68 $4,292 $4,400 $4,510 $4,623 $4,857 $4,978 $5,102 $5,230 ---.--- ~-_.---- --.--- ----- ------ --.--- -~----- -.------- $5,495 69 $4,400 $4,510 $4,623 $4,738 -.!.4,85~ $4,978 $5,102 $5,230 $5,361 -$4,623 ----. -$4,857 $5,102 ----. ~5,:i61 ------ ----- 70 $4,510 $4,738 $4,978 $5,230 $5,495 $5,632 ----- --.--- ------ --$5,102 ----- ~---- ------ -~------ ------ 71 Fire Captain $4,623 $4,738 $4,857 $4,978 $5,230 $5,361 $5,495 $5,632 $5,773 ---- ~---- -$4.857 ~-----, ---.-- --- ----. -------. ----- ------. ----.-- 72 !:ire Captain ~ $4,738 $4,978 $5,102 _~5,2~() $5,361 $5,495 $5,632 $5,773 $5,917 _.~- --$4.857 ------- -------- --$"5;230 ~._---- .- -~._--- ----- 73 Fire Captai'2_B__~_____ $4,978 $5,102 $5,361 $5,495 $5,632 $5,773 $5,917 $6,065 ._----~_.- .om $"4;978 ------- - - --- ---.--.---. -'-$5:36 -1 ---$5;495 -$5;632 -~------ -- ----_.- ---- --- _.- --$6;217 74 $5,102 $5,230 $5,773 $5,917 $6,065 '" ~ N W