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HomeMy WebLinkAboutMOU: Firefighters - 1988-1991 CITY OF ARCADIA AND ARCADIA FIREFIGHTERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1 , 1988 - JUNE 30, 1991 CONTENTS Page Section I Parties and Recognition 1 Appropriate Unit Mutual Recommendation Section II Terms 2 Maintenance Benefits Savings Clause State and Federal Laws Section III Association Rights A. Right To Join 3 B. Use of Bulletin Boards 3 C. Payroll Deduction 3 D. Access to Facilities 4 E. Reasonable Notice 4 Section IV Management Rights 5 Section V Compensation 6 Promotion or Advancement 6 Educational Incentive Compensation 7 Fire Prevention Bureau Assignment 7 Truck Company Captain 8 Section VI Overtime 9 Fair Labor Standards Act 9 Minimum Credit and Emergency Recall 9 Section VII Stability Pay 10 Section VIII Retirement 11 Section IX Health, Dental and Life Insurance 12 Retired Health Insurance 12 Life Insurance 13 Section X Disability Income Insurance 14 Section XI Uniforms 15 Section XII Tuition Reimbursement 16 Page Section XIII Leaves A. Provided For 17 B. Power to Grant Leaves 17 C. Military Leave 18 D. Vacation Leave 19 E. Sick Leave 20 Proof of Illness 21 Denial 21 F. Workers' Compensation 21 G. Holidays 22 H. Jury Leave 22 I. Witness Leave 22 J. Unauthorized Absence 22 Section XIV Probationary Period 23 Section XV EMT 1 Certification 24 Section XVI Employee Complaints and Grievances A. Procedure 25 B. General Provisions 26 C. Definitions 27 Section XVII Full Understanding Execution of Agreement 28 Section I 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 Myers-Milias-Brown Act (Government Code Sections 3500 et.seg. ) . APPROPRIATE UNIT The classifications covered by this agreement are: Firefighter Firefighter Paramedic Fire Engineer Fire Captain 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. APPROVED `641„1/ //lei Initials Initials -1- Section II 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 , 1988 and ending June 30, 1991 . 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. 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. 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 grievable offense, but must be pursued through proper legal channels. APPROVED fr1 Initials Initials -2- Section III ASSOCIATION RIGHTS 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. 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. 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. -3- Section III D. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours whenever possible. Nothing herein shall be construed to prevent an Association representative or an employee from contacting the Personnel Director 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 Personnel Director, the Fire Chief or his designate, to state the purpose of his visiting, and 2. The Personnel Director, the Fire Chief or his designate determines that such visit shall not interfere with the operations of the department. In the event the requested time and/or location of such visit by the representative is denied because it would interfere with the operations of the department, the Personnel Director, the Fire Chief or his designate shall set an alternative time and/or location for such visit within 72 hours. E. REASONABLE NOTICE It is mutually understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Personnel Board agenda for each meeting mailed to three authorized representatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Personnel Board may act. The Association shall provide the Personnel Director 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. APPROVED e A AI AJ Initials Initials -4- Section 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. APPROVED _ M r-i Initials Initials -5- Section V COMPENSATION A. Effective July 3, 1988, the Salary Schedule for the classification of Fire Captain shall be improved by 4%; the classifications of Fire Engineer, Firefighter Paramedic, Deputy Fire Marshal and Firefighter shall be improved by 3%. H. The City shall continue to provide as deferred compensation a set dollar amount to be paid toward the employee's contribution to the Public Employee's Retirement System. Effective July 3, 1988, the dollar amount to be paid as deferred compensation shall be an amount equal to 5% of the July 3, 1988 Salary Schedule rate for each employee. In the event this method of deferred compensation is declared illegal by a court of competent jurisdiction or by the Internal Revenue Service or by the administrators of the Public Employee's Retirement System, the City agrees to improve the Salary Schedule by 5% in lieu of such deferred compensation plan. C. Effective July 1 , 1989, the Salary Schedule for the classifications of Fire Captain, Fire Engineer, Firefighter Paramedic and Deputy Fire Marshal shall be improved by 4.5% and the position of Firefighter shall be improved by 3.5%. The City shall adjust the dollar amount paid toward the employees contribution to PERS as deferred compensation to an amount equal to 7% of the July 1 , 1989 Salary Schedule rate for each employee. Such dollar amount shall be fixed and shall not automatically increase due to future salary adjustments. The provisions regarding the legality of this method of deferred compensation contained hereinabove apply. D. Effective July 1 , 1990, the Salary Schedule for the classifications covered by this agreement shall be improved by 4%. The City shall adjust the dollar amount paid toward the employees contribution to PERS as deferred compensation to an amount equal to 9% of the July 1 , 1990 Salary Schedule rate for each employee. Such dollar amount shall be fixed and shall not automatically increase due to future salary adjustments. However, nothing herein shall be construed to prevent the Association from seeking to increase the dollar amount through the negotiation process. The provisions regarding the legality of this method of deferred compensation contained hereinabove apply. E. 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 one step increase in compensation unless the top step -6- C . Section V in such range provides less than one step increase. Such one step shall be measured by the range 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. F. EDUCATIONAL INCENTIVE COMPENSATION A Firefighter, Firefighter Paramedic, Fire Engineer or Fire Captain shall progress from Step D to Step E of the Salary Schedule when they have completed the probationary period and have satisfied the basic education and training requirements by one of the following methods: 1 . The sworn employee shall have been awarded an Associate in Arts Degree in Fire Science or Fire Administration by an institution accredited by the California Department of Education. 2. The sworn employee shall have earned 60 or more college units acceptable to a college or university which is accredited by the California Department of Education towards a Baccalaureate Degree, and have completed a minimum of 20 units in Fire Science acceptable to an accredited California Junior College towards an Associate in Arts Degree in Fire Science or Fire Administration. G. Persons employed as Firefighter, Firefighter Paramedic and Fire Engineer prior to July 1 , 1979, who have satisfied the basic education and training requirements set forth in F above prior to June 30, 1981 , shall be entitled to receive a step increase upon submission of the Associate in Arts Degree or proof of 60 or more earned college units. Nothing herein entitles such employee to receive a step increase above the Step E. H. The parties acknowledge that the percentages between steps shall be as close to 5% as the payroll computer's capability allows. I. FIRE PREVENTION BUREAU ASSIGNMENT 1 . Shift (56 hour work week) Firefighter 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. -7- Section V I. Continued 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. J. 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. Thereafter, the Fire Chief shall set the stipends for this assignment on an annual basis no less than the current MOU provision. APPROVED 644 /1I1 Initials Initials -8- Section VI OVERTIME 1 . 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. 2. 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. 3. 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. APPROVED wl 1 Initials Initials -9- Section 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 5 $125 13 $325 6 $150 14 $350 7 $175 15 $375 8 $200 16 $400 9 $225 17 $425 10 $250 18 $450 11 $275 19 $475 12 $300 20 $500 Cash stability payments are made once a year between December 1 and December 10 only to employees on the payroll as of December 1 . Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1 , provided they meet all eligibility requirements. Stability pay will only be applicable to employees who were hired prior to July 1 , 1983. APPROVED hl �til Initials Initials -10- Section VIII RETIREMENT 1 . The City contracts with the State of California Public Employees Retirement System (PERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, Deputy Fire Marshal and Fire Captain. The plan shall include the following options: a. 2% at age 50 retirement formula. b. Single highest year final compensation. c. Post Retirement Survivor Continuance. d. Credit for Unused Sick Leave (Sec.20862.8) maximum of six months. e. 1959 Survivors Benefit for which each employee contributes ninety-three cents ($ .93) per pay period. f. Third level 1959 Survivors Benefit increased allowance, Sec. 21382.4. APPROVED C�1 t! Initial Initials -11- Section IX HEALTH, DENTAL AND LIFE INSURANCE A. The City shall provide Health, Dental and Life Insurance plans. The City shall pay up to a maximum of $281 per month per employee toward Health, Dental and Life Insurance group insurance plan premiums. If the City's contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash or a combination of both. The employee has the option of having any amount in excess of the premium contributed to the employee's account in the City's deferred compensation plan instead of receiving cash. 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's exercise of the option to use the difference toward • dependent health coverage or the deferred compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. B. Effective July 1 , 1989, the City's maximum contribution, referred to in Section A above, shall be increased by $10 ($291 ) . C. Effective July 1 , 1990, the City's maximum contribution referred to in Section B above, shall be increased by $15 ($306) . D. During the life of this agreement, for employees who do not qualify for subsection "E" below, the City agrees to continue to pay the employee-only health insurance premium cost up to $40.00 per month for retirees from classifications represented by this agreement who retire after July 1 , 1977 and prior to June 30, 1991 . Such payment shall cease by employee's sixty-fifth birthday. E. RETIRED 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 -12- Section IX E. RETIRED HEALTH INSURANCE continued payment shall cease the day prior to the 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 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. In addition, the eligible employee must apply prior to retirement for such coverage through the City Personnel Department. The Association shall notify the City Personnel Department in the event of the death of a retired member. During the month of June each year, insured retired employees must contact the City Personnel Department in order to maintain coverage. In the absence of such contact, coverage shall cease on the following July 1 . F. LIFE INSURANCE During the life of this agreement the City shall provide each employee with life insurance in the amount of $7,500.00. APPROVED /11 nitia s Initials -13- Section X DISABILITY INCOME INSURANCE A. Effective July 1 , 1988, the City shall provide disability income insurance up to a maximum total monthly payment of $12.60 per employee, covered by this agreement. B. Effective July 1 , 1989, the City's maximum contribution, referred to in Section A above, shall be increased by $1 .00 ($13.60) . C. Effective July 1 , 1990, the City's maximum contribution, referred to in Section B above, shall be increased by $1 .00 ($14.60) . APPROVED IL1 M Initials Initials -14- Section XI UNIFORMS 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. 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. 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. 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. APPROVED Initials Initials -15- Section XII TUITION REIMBURSEMENT 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 determined 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. APPROVED Initials Initials -16- Section XIII LEAVES 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: 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. -17- Section XIII POWER TO GRANT LEAVES continued 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. 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. 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. -18- Section XIII MILITARY LEAVE 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. 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 with pay beginning with the first full pay period of employment, at the rate of 6.92 hours per pay period during the first ten years of continuous full time employment with the City (7.5 shifts per year) and at the rate of 10.15 hours per pay period after the completion of ten years of continuous full time employment with the City (11 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 ( 15 days per year) and at the rate of 6.77 hours per pay period after the completion of ten years of continuous full time employment with the City (22 days per year) . 2. On June 30th of each year, any vacation accumulated beyond the amount accumulable for a fifty-two (52) pay period basis shall not be carried forward. Any excess accumulated vacation over this limit shall be forfeited. 3. Upon termination, vacation used shall be prorated against vacation earned. -19- Section XIII D. VACATION LEAVE continued 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. 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) . Sworn employees may accumulate up to a maximum of 1 ,800 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 because of personal illness. 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. 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. ZCcti -20- Section XIII SICK LEAVE continued 5. 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. 6. 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. 7. 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. F. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury or illness is so recognized by the Workers' Compensation Act of California, by the City of Arcadia or the Workers' Compensation Appeals Board, such employee shall be paid a combination of salary and Workers' 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. Zc4P -21- Section XIII G. 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 Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day Full pay for all sworn members of the Fire Department shall be pay for six (6) 12-hour periods. H. JURY LEAVE When a City employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay. The employee shall remit to the City all fees received except mileage. I. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a leave of absence. With approval of the appointing power and City Manager, the employee may be granted leave with pay during the required absence. The employee shall remit to the City all fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. APPROVED -4LJ21- /I') /I Initials Initials -22- Section XIV PROBATIONARY PERIOD 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. 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. C. Eligible candidates appointed from a promotional list shall be on probation for twelve (12) months before attaining permanent status. APPROVED MA-1 Initia s Initials -23- Section XV EMT 1 CERTIFICATION All members of the unit shall maintain an EMT-1 Certification 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. APPROVED _.2.ej A Initials Initial -24- Section XVI EMPLOYEE COMPLAINTS AND GRIEVANCES Section 1 . 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: A. 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. B. If, after discussing the grievance with the supervisor, the employee(s) is/are 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. C. 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) is/are still dissatisfied, the employee(s) may appeal in writing to the Personnel Director. D. An employee, or group of employees, appealing to the Personnel Director shall file a written appeal within five (5) 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. -25- Section XVI EMPLOYEE COMPLAINTS AND GRIEVANCES continued The Personnel Director 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 Personnel Director 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 Personnel Director's response is not made within the time limits, or if the employee(s) is/are still dissatisfied, the employee may appeal in writing to the Personnel Board. 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. E. The Personnel Board 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 Personnel Director. F. All of the facts shall be presented to the City Manager, along with the recommendation of the Personnel Board. The employee(s) shall have the right to meet with the City Manager, within five (5) workdays from the date the Personnel Board 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 Personnel Board or the holding of a grievance meeting, whichever is longer. Section 2. GENERAL PROVISIONS A. The grievant(s) has/have the right of representation of their choice at all levels. The Personnel Director shall be notified of the representative, if any. B. 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. C. 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. D. Time limits may be waived by the mutual consent of the parties. 5C-ti -26- Section XVI Section 3. DEFINITIONS A. Grievance All allegations by any employee, or group of employees, in the classified service that the employee(s) has/have been adversely affected by a violation of a specific provision of the Memorandum of Understanding, Personnel Rules and Regulations of the City and/or of the Department. B. 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 and/or of the Department. C. Written Grievance The written grievance shall set forth a clear statement of the grievance, the specific Personnel Rule(s) and/or section(s) of the Memorandum of Understanding involved, the circumstances • involved, the decision rendered at the informal conference and the specific remedy sought. D. 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. E. Workday A workday is any day the City offices are regularly open for business. APPROVED 2-52.4p1 M /L1 Initials Initials -27- t Section XVII A. FULL UNDERSTANDING 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. B. The parties hereto have caused this Memorandum of Understanding to be executed this 3/ day of July 1988. ARCADIA FIREFIGHTERS CITY OF ARCADIA ASSOCIATION mEar Curtis, ice-Preside t G,or,e J. :tt� Arcadia Firefighters Assoc. City Man- •er -28-