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CITY OF ARCADIA
AND
ARCADIA FIREFIGHTERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 1985 - JUNE 30, 1988
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CONTENTS
Page
Section I Parties and Recognition 1
Appropriate Unit
Mutual Recommendation
Section II Terms 2
Maintenance Benefits
Savings Clause
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
Fire Prevention Bureau Assignment 7
Truck Company Captain 8
Section VI Overtime (FLSA) 9
Section VII Stability Pay 10
Section VIII Retirement 11
Section IX Health, Dental and Life Insurance 12
Retired Health Insurance 12
Section X Disability Income Insurance 14
Section XI Uniforms 15
Section XII Tuition Reimbursement 16
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Section XIII Leaves
A. Provided For 17
B. Power to Grant Leaves i7
C. Military Leave 18
D. Vacation Leave 19
E. Sick Leave 20
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
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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 City Council , City of Arcadia, for determination.
APPROVED
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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, 1985 and ending June
30, 1988.
B. MAINTENANCE BENEFITS
For the period of July 1, 1985 through June 30, 1988, 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, the remaining Sections of this agreement shall remain
in full force and effect for the duration of said agreement.
APPROVED
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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:
a) all postings for bulletin boards must contain the date of
posting and the identification of the organization and
b) 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.
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Section III
D. ACCESS TO FACILITIES
All Association business will be conducted by employees and
Association representatives outside of established work hours.
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 or his designate, to
state the purpose of his visiting, and
2. The Personnel Director or 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 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 two 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 name and addresses of the two
authorized representatives within five days of the effective date
of this agreement.
APPROVED
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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
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Section V
COMPENSATION
A. Effective December 22, 1985, the Salary Schedule for the
classifications covered by this agreement shall be improved by 5%.
B. 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 December 22, 1985,
the dollar amount to be paid as deferred compensation shall be an
amount equal to 6% of the December 22, 1985 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 6% in lieu of such
deferred compensation plan.
C. Effective June 22, 1986, the Salary Schedule for the
classifications covered by this agreement shall be improved by 3%.
The City shall adjust the dollar amount paid toward the employees
contribution to PERS as deferred compensation to an amount equal
to 3% of the June 22, 1986 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 December 20, 1987, the Salary Schedule for the
classification covered by this agreement shall be improved by 5%.
The City shall adjust the dollar amount paid toward the employees
contribution to PERS as deferred compensation to an amount equal
to 3% of the December 20, 1987 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
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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. 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 range
from 4% to 6%.
I. Fire Prevention Bureau Assignment
1. Shift (56 hour) Firefighter personnel assigned to the Fire
Prevention Bureau shall receive on July 1, 1982, $46.15 per
pay period in addition to their base salary. Thereafter,
the Chief shall set the stipends for this assignment on an
annual basis.
Section V
I. Continued
2. During the term of this Agreement, non-shift (40 hour)
Firefighter personnel assigned to the Fire Prevention
Bureau as a Fire Prevention Specialist, shall receive an
amount in addition to the Firefighter base salary. The
assignment of Fire Prevention Specialist shall be paid at
the same salary range as Fire Engineer.
3. In accordance with past practice, this additional
compensation shall not be added to base pay for the
computation of overtime.
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. 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.
APPROVED
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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
The work period for classifications covered by this
agreement is 27 days commencing with July 7, 1985, for the
"A" platoon, July 10, 1985, for the "B" platoon, and July
13, 1985, for the"C" platoon.
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. 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 of
time-off or one hour at his hourly rate. Emergency Recall
for sworn classifications shall receive a minimum credit of
two hours of time-off or two hours at the employee's hourly
rate. Such overtime shall be paid for, or time-off taken
at the option of the employee if the Fire Chief consents
thereto.
APPROVED
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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 $500
Cash stability payments are made once a year between December 1 and
December 10 only to employees on the payroll as of December 1.
Stability payments will be paid on a pro-rata basis to employees that
retire or are laid off prior to December 1, provided they meet all
eligibility requirements.
Stability pay will only be applicable to employees who were hired prior
to July 1, 1983.
APPROVED
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Section VIII
RETIREMENT
1. For the classifications of Firefighter, Firefighter
Paramedic, Fire Engineer and Fire Captain, the City agrees
to amend its contract with the State of California Public
Employees Retirement System to adopt the 2% at age 50
retirement formula as contained in Section 21252.01 of the
Government Code effective the first day of the first pay
period in July 1986 or as designated by PERS pursuant to
regulation. The plan shall include the following options:
a. One year final compensation.
b. Post Retirement Survivor Continuance.
c. Credit for Unused Sick Leave (Sec.20862.8) maximum of
six months.
d. 1959 Survivors Benefit for which each employee
contributes ninety-three cents ($ .93) per pay
period.
e. 1959 Survivors Benefit increased allowance of
approximately 25% (Section 21382.2 of the Government
Code) .
Until such time, the current retirement formula shall stay
in effect.
APPROVED
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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 $261 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.
The premium rates effective July 1, 1985, shall remain in effect
until October 1, 1986.
B. Effective July 1, 1987, the City's maximum contribution, referred
to in Section A above, shall be increased by $10 or an amount
equal to the 1987-'88 Fiscal Year increase in the insurance
premium for family coverage, whichever is greater.
C. During the life of this agreement, for employees who do not
qualify for subsection "D" 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,
1988. Such payment shall cease by employee's sixty-fifth
birthday.
D. 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
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Section IX
D. RETIRED HEALTH INSURANCE continued
payment shall cease by 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.
E. During the life of this agreement the City shall provide each
employee with life insurance in the amount of $7,500.00.
APPROVED
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Section X
DISABILITY INCOME INSURANCE
The City shall provide disability income insurance up to a maximum
- total monthly payment of $10.60 per employee, covered by this agreement
during the life of the agreement.
APPROVED
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Section XI
UNIFORMS
A. There shall be a Uniform Replacement Program for the following
items:
1. Shirts
2. Trousers
3. Cotton 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.
B. 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.
C. Upon termination of employment the employee shall turn in all
uniforms issued, as stated on Fire Department Form 28, or shall
have a dollar amount equal to the lost uniform cost deducted from
the employee's final check.
APPROVED
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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 position 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
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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.
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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 employee 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.
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Section XIII
MILITARY LEAVE (continued)
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.
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 shall not be entitled to return to his 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 LEAVES
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 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.
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 of
6.77 hours per pay period after the completion of ten
years of continuous full time employment with the City.
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
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vacation over this limit shall be forfeited.
3. Upon termination, vacation used shall be prorated against
vacation earned.
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Section XIII
D. VACATION LEAVES continued
Every City employee who leaves the City employ for any
reason shall be granted all accumulated vacation or shall
be paid therefor at his rate of compensation applicable at
the time he leaves the City employ. If an employ 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. 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.
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Section XIII
SICK LEAVE (continued)
5. 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 asssigned to 24 hours shifts, a "day" means 12
hours or 1/2 shift.
6. 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 Department
and within the time limit specified by the department, the
absence will be charged to leave without pay.
7. 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 is so recognized by the Workers'
Compensation Act 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 up to a maximum of one year from and after
date of such injury. Lost time due to an injury on duty shall not
be charged against an employee's accumulated sick leave.
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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 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 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
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iv‘
Initials Initials
-22-
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•
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 months
before attaining permanent status.
C. Eligible candidates appointed from a promotional list shall be on
probation for twelve months before attaining permanent status.
APPROVED
C NM
Initials Initials
-23-
• r , }
Section XV
EMT 1 CERTIFICATION
All members of the unit hired since July 1 , 1976, and all members of
the unit currently EMT 1 certified, 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 certifications or to recertify are cause for disciplinary
action.
APPROVED
Initials Initials
-24-
r f ,
Section XVI
EMPLOYEE COMPLAINTS AND GRIEVANCES
Section 1. PROCEDURE
.. An employee who feels they have a grievance has the right to express it
through the proper channel . The following procedure shall be followed
in presenting a grievance:
A. Within fifteen (15) days of the occurrence of the event giving
rise to the grievance, the employee shall discuss the grievance
with the immediate supervisor.
B. If, after discussing the grievance with the supervisor, the
employee is still dissatisfied, a written grievance may be filed
by the employee 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. If the response is not made within
the time limits, or if the employee is still dissatisfied, the
employee may appeal in writing to the department administrator.
C. An employee 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 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 is still dissatisfied, the employee may appeal in writing
to the Personnel Director.
D. An employee 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- 8k.
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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
and the immediate supervisor to attend a grievance meeting. The
Personnel Director shall communicate a decision in writing within
ten (10) days 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 is 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 .
F. All of the facts shall be presented to the City Manager, along
with the recommendation of the Personnel Board. The employee
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 has the right of representation of the grievant's
choice at all formal 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 to proceed to the next level .
C. Except by mutual agreement, failure by the grievant, 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 grievant
and the Personnel Director.
-26-
gekl
,
Section XVI
Section 3. DEFINITIONS
A. Grievance
All allegations by any employee in the classified service that the
employee has been adversely affected by a violation of a specific
provision of the Memorandum of Understanding or Personnel Rules
and Regulations.
B. Grievant
An aggrieved person is any employee in the classified service
adversely affected by a violation of a specific provision of the
Memorandum of Understanding or Personnel Rules and Regulations.
C. Written Grievance
The written grievance shall set forth a clear statement of the
grievance, the specific Personnel Rules(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
MM
Initials Initials
-27-
s •n
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.
For the life of this agreement it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its rights
and 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.
B. The parties hereto have caused this Memorandum of Understanding to
be executed this 1st day of August 1985.
• ARCADIA FIREFIGHTERS CITY OF ARCADIA
ASSOCIATION
2(71
I AP' .4 . - AliKe eee
Earl Curtis, President •eorg- J./ • t
Arcadia Firefighters Assoc. City Manag-r
-28-