HomeMy WebLinkAboutReso 1987-13150 RESOLUTION NO. 13150
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDER-
STANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2180,
FOR FISCAL YEARS 1987-88 THROUGH 1989-90
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Management Negotiation Team representing
the City Manager of the City of Chula Vista, acting for and on
behalf of the City Council of the City of Chula Vista, have
heretofore met and conferred with Local 2180, International
Association of Fire Fighters, an organization representing
members of the Chula Vista Fire Department from Firefighter up
through the rank of Fire Captain, in accordance with the
provisions of Section 3500 et seq. of the Government Code of the
State of California, and
WHEREAS, the Memorandum of Understanding jointly
prepared by said parties as a result of meeting and conferring in
good faith has been presented to the City Council and is
contained in Exhibit "A", attached hereto and incorporated herein
by reference as if set forth in full.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve and accept said Memo-
randum of Understanding as contained in Exhibit "A" for fiscal
years 1987-88 through 1989-90.
Presented by Approved as to form by
James R. Thomson, Deputy D. Richard Rudolf, Assistant
Manager City Attorney
0109a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
JLA VISTA, CALIFORNIA, this 14th day of. July
19 ~7 , by the following vote, to-wit:
AYES: Councilmembers Mayor Cox, Nader, Moore, McCandliss, Malcolm
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
AEtSENT: Counci 1 members None
of'Ol~a vista
Mayor~of~e
City
CRY OF
EE OF CALWFORNIA
COUNTY OF SAN DIE~ ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 13150 ,ond thot the some has not been omendad or repealed.
DATED
City Clerk
(21'!Y OF
k;HUIA Vi$1'A
CC-660
MEMORANDUM
OF
UNDERSTANDING
BE)EEN
CITY OF CHULA VISTA
AND
LOCAL 2180
INTERNATIONAL ASSOCIATION
OF
FIRE FIGHTERS
AFL - CIO
FY1987-88THROUGHFY1989-90
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS AFL-CIO, FISCAL YEARS 1987-88 THROUGH 1989-90
1.O1 PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.04 LOCAL 2180 RIGHTS
1.05 EMPLOYEE RIGHTS
2.01 WAGES
2.02 UNIFORMS
2.03 MILEAGE REIMBURSEMENT
2.04 WORK PERIOD/DUTY CYCLE
2.05 OVERTIME
2.06 STANDBY
2.07 HEALTH AND WELFARE
2.08 RETIREMENT
2.09 HOLIDAYS
2.10 VACATION AND SICK LEAVE
2.11 LEAVE OF ABSENCE
2.12 MILITARY LEAVE
2.13 JURY DUTY
2.14 LIMITED DUTY TIME
2.15 LIMITED DUTY DAYS
2.16 SHIFT EXCHANGE
2.17 OUT OF CLASSIFICATION ASSIGNMENT
2.18 BILINGUAL PAY
2.19 DIFFERENTIAL PAY
2.20 VACANCIES - PROMOTIONS
2.21 LAYOFF
2.22 EQUIPMENT RESPONSIBILITY AND PROPERTY REPLACEMENT
2.23 DEFERRED COMPENSATION
3.01 PROHIBITED PRACTICES
3.02 MINIMUM STAFFING LEVELS
3.03 STATION MAINTENANCE AND REPAIR
3.04 VOLUNTARY PARTICIPATION IN NON-TRADITIONAL FUNCTIONS
3.05 DRIVING ELIGIBILITY POLICY
3.06 HEALTH FITNESS PROGRAM
3.07 SUBSTANCE ABUSE POLICY
3.08 GRIEVANCE PROCEDURE
3.09 GENERAL PROVISIONS
3.10 TRANSITIONAL STAFFING LEVELS - MFPD
4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING
4.02 SAVINGS CLAUSE
1 . O1 PRE~IBLE
!
'This Memorandum of Understanding (MOU} is entered into by the City of Chula
Vista, hereinafter referred to as "City," and the International Association of
Fire Fighters, hereinafter referred to as "Local 2180," as a result of meeting
and conferring in good faith concerning the wages, hours and other terms and
conditions of employment, pursuant to the Employer-Employee Relations Policy
of the City of Chula Vista and to the California Government Code Section 3500
et. seq. known as the Meyers-Milias-Brown Act.
Local 2180 agrees to recommend ratification of this MOU to its membership.
Upon Local 2180's ratification, the MOU will be jointly recommended to the
City Council for Council ratification.
1.02 RECOGNITION
The City recognizes Local 2180 as the certified representative for safety
employees in the City of Chula Vista who are e~ployed in the classifications
of Fire Fighter, Fire Engineer and Fire Captain, hereinafter referred to as
"represented employees" or "employees."
1.03 CITY RIGHTS
Nothing contained herein shall be construed to restrict any legal or inherent
exclusive City rights with respect to matters of legislative or managerial
policy.
The exclusive rights of the City shall include, but not be limited to, the
right to:
Establish, plan for, and direct the work force toward the
organizational goals of the City Government.
Determine the organization, and the merits, necessity and level of
activity or service provided to the public.
Determine the City budget.
Establish, regulate and administer a merit or civil service system
which provides for all types of personnel transactions, including, but
not limited to, determining the procedures and standards for the
hiring, promotion, transfer, assignment, lay off, retention, and
classification of positions in accordance with the City Charter, Civil
Service Rules, and established personnel practices.
Discipline or discharge employees.
Determine the methods, means, numbers and kinds of personnel, and the
job or position content required to accomplish the objectives and goals
of the City.
Effect a reduction in authorized positions.
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Take actions necessary to carry out the mission of the City in
emergencies and in other situations of unusual or temporary
circumstances.
Continue to exercise efficient and productive management practices
consistent with Federal and State laws and in compliance with the City
Charter and City ordinances. In exercising these rights the City shall
comply with all applicable provisions of this agreement.
The establishment or exercise of City rights shall not be subject to meeting
and conferring; provided, however, Local 2180 shall not be precluded from
meeting and conferring with representatives of the City when the consequences
of decisions on matters of City rights directly affect wages, hours, and other
terms and conditions of employment.
1.04 LOCAL 2180 RIGHTS
I. Authorized representatives of Local 2180 shall be allowed
reasonable access to represented employees at their work
locations during working hours for the purpose of consulting with
employees regarding the employer-employee relationship, provided
that: (1) the work operation and service to the public are not
unduly impaired, and (2) the authorized representatives shall
have given advance notice to the Director of Public Safety or
his/her designated representative when contacting represented
employees during the duty period of the employees. The Director
of Public Safety or his/her designee shall determine the
appropriate time for such access.
II. Local 2180 officers and members of its Board shall be granted use
of City facilities for meetings composed of such officers or
Board members, provided space can be made available without
interfering with the City needs, and provided such meetings are
conducted at no cost to the City.
III. Up to four 14) representatives of Local 2180 will be authorized
to utilize on-duty time as necessary to participate in
negotiating meetings mutually scheduled by the City and Local
2180.
Iv. A reasonable amount of space shall continue to be provided to
Local 2180 on City bulletin boards for legitimate communications
with represented employees.
V. The City will continue to provide biweekly payroll dues
deductions as authorized by unit employees to Local 2180, and
Local 2180 will pay the City lO~ per member per pay period for
the actual costs incurred for dues deduction on behalf of
I.A.F.F. The City will remit the deductions to Local 2180 in a
timely manner and will provide Local 2180 a biweekly computer
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print-out of its members' dues deductions. The unit will be
charged actual costs Of printing all final MOU's requested and
provided to the unit membership.
VI. The City shall provide distribution of the following official
documents to the President of Local 2180:
One copy each of: Agendas and Minutes of all City Council
meetings, Civil Service Commission meetings, open Council
Conferences, and Safety Committee meetings; the Preliminary City
Operating Budget; the Final City Operating Budget; the Capital
Improvement Program (CIP) Budget; and the Salary Schedule.
1.05 EMPLOYEE RIGHTS
I. Employees of the City shall have the right to:
A. Form, join, and participate in the activities of employee
organizations of their own choosing for the purpose of
representation in matters of employer-employee relations.
B. Refuse to join or participate in the activities of employee
organizations.
C. Represent themselves individually in their employee
relations with the City.
II. Employee Personnel Records:
A. Represented employees shall be entitled to see the contents
of their personnel records. Availability of these records
to the employee will be subject to the normal business hours
affecting the position or office which has routine custody
of these records.
B. Any letter of reprimand or letter of counseling, as defined
in Administrative Regulation dated 9/25/72, included in the
personnel records of any represented employee shall be
removed from the record three years from the date of the
letter, if such employee's performance ratings for the last
two years have been satisfactory or better. The scope of
removal does not apply to any other document which may
mention the specific letter of reprimand, such as an
employee performance report or other documents which may
refer to the reprimand as a matter of reference.
C. The City agrees not to use employee jackets or other
personnel records (unless presented by the candidate) for
the Civil Service promotional oral boards.
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III. Representation by Local:
Represented employees required to meet with any supervisor(s) in
which the purpose or part of the purpose is to discipline the
employee, or to discuss the likelihood of future disciplinary
action, shall have the right to have a shop steward in attendance
if any written record of the discussion will be made by the
supervisor(s) or other management personnel. Such meeting shall
be preceded by at least 24-hour notification of the time and
purpose of the meeting to the employee, provided employees may
waive any advance notification if they so choose. A shop steward
wou1 d not be permitted in meetings for Performance Reports
(except ones with an overall rating of Unsatisfactory), reviews
or selections or promotion interviews.
2.01 WAGES
I. Salary Increases - Base wages during the term of this agreement
will be determined in accordance with the following provisions:
A. FY 1987-88
1. Effective the first pay period commencing in July 1 987,
classifications represented by Local 2180 will be
granted a base salary increase of five percent (5%).
Said increase is subject to the non-retroactivity
clause in Section 4.01V.
2. Effective the first pay period commencing in January
1988, base wages for represented classifications will
be increased by an additional three percent (3%).
3. Effective the first pay period commencing in January
1988, the following special adjustments will be made:
base wages for the Fire Engineer classification will be
increased an additional two percent (2%), and base
wages for the Fire Captain classification will be
increased an additional four percent (4%).
B. FY 1988-89
1. Effective the first pay period commencing in July 1988,
base wages will be increased by three and a half
percent (3-1/2%).
2. Effective the first pay period commencing in January
1989, base wages will be increased by an additional
three and a half percent (3-1/2%).
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' C. FY 1989-90
1. Effective the first pay period commencing in July 1989,
base wages will be increased by four percent (4%).
2. Effective the first pay period commencing in January
1990, base wages will be increased by an additional two
percent (2%).
3o In September 1989, a salary survey will be conducted of
the Fire Fighter classification for the city fire
departments of cities with populations of at least
50,000 in the County. In conducting the salary survey,
the City's January 15, 1990 base wage for Fire Fighter
at E Step will be compared to the January 15, 1990 base
wage for comparable Fire Fighter classifications (in
the surveyed cities) at the top step that is available
to all Fire Fighters in a fire department, and that is
achieved by the majority of a department's Fire
Fighters by the end of their seventh year of service.
The base wage used in the comparisons will not include
any differential or special pay (e.g. longevity, EMT,
holiday pay, or clothing allowance). City payments of
normal member PERS (or similar retirement program)
contributions will be included, with each 1% of
city-paid normal member contribution counted as 0.8%
additional salary.
If the survey results indicate that the City's January
15, 1990, base wage for the classification of Fire
Fighter is below the average January 15, 1990, base
wage for the surveyed cities (excluding Chul a Vista),
then and in that event all of the classifications
represented by Local 2180 will be automatically granted
the percentage base salary increase required to bring
the City's Fire Fighter classification up to said
average base wage as of January 15, 1990. Salary
increases granted under this formula will become
effective the first pay period commencing in October
1989.
II. Merit (Step) Increases - Each employee shall normally be required
to complete the following specified number of months of
continuous paid service at each step of the salary schedule prior
to advancing to the next step of the schedule. Step increases
~ may be delayed by the Director of Public Safety in cases of
~ sub-standard performance. Only permanent status employees may
! appeal that decision through the Civil Service Commission. In
cases of exceptional performance, an employee may be granted an
~ early step increase or double step increase based on the
recommendation by the Director of Public Safety and the approval
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of the Director of Personnel, City Manager, and Civil Service
I~ Commission. Exceptional merit increase recommendations may be
· initiated by the employee's immediate supervisor. The effective
date of exceptional merit increases shall be the beginning of the
pay period following approval.
Months of service normally required for each step shall be:
Months Step
6 months in 1
6 months in 2
6 months in A
6 months in B
12 months in C
12 months in D
Thereafter in. E
The classification of Fire Fighter shall be subject to a seven
(7) step salary range. Step "l" shall be 10% less than "A" Step
and Step "2" shall be 5% less than "A" Step. The normal hire
rate shall be Step "l" provided, however, that an exceptionally
well-qualified candidate may be hired within the established
range based upon the recommendation ~f the appointing authority
and approval by the City Manager. New employees with a minimum
of one year of full-time paid firefighter experience or an AA/AS
(or higher) degree in Fire Science shall be hired at Step A or
higher.
III. All other payroll and wage changes, such as regular merit
increases, shall be made effective at the beginning of the
regular biweekly payroll period closest to the employee's actual
qualifying date.
IV. Distribution of paychecks shall be done only on regular biweekly
paydays except in an emergency, when employees may receive their
check on a day other than a regular payday if a memo is directed
from the Department Head to the Finance Officer justifying the
request.
V. Vacation Pay - All classifications represented by IAFF may
receive a maximum of two weeks vacation pay in advance. Vacation
pay in advance will be made on a regular payday provided the
employee notifies the Finance Department ten working days prior
to the payday on which payment is desired. If and when the City
implements a d~rect payroll deposit system, no vacation pay in
advance will be provided.
VI. Rate of Pay Following Promotion - When a represented employee is
promoted, the new rate of pay will be the lowest step in the new
salary range which will result in the employee receiving at least
5% more than the actual rate in the old classification.
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2.02 UNIFORMS
I. The City shall during the term of this memorandum provide new
unit employees with the following initial issue of new OSHA
approved clothing: three pairs of pants, one coverall, one brush
jacket, one pair of boots, and turn-out gear.
II. If said protective clothing, as defined in I above, is damaged,
destroyed, or worn out in the line of duty, said clothing shall
be replaced or repaired at the City's expense. It is the intent
of this section to allow discretionary final authority to the
Director of Public Safety to determine whether protective
clothing so damaged shall be replaced or repaired.
III. The City will furnish, repair, or replace, as determined by the
Public Safety Director, any required regulation uniforms (except
shirts) for represented Fire Prevention and Training personnel.
IV. All represented employees shall receive $100 per calendar year
for the cleaning and maintenance of uniforms. Payment will be
made the first payday following December 1 annually, and will be
prorated for individuals not employed for the entire calendar
year.
2.03 MILEAGE ALLOWANCE
I. Employees in this unit shall be subject to the City's mileage
reimbursement program when required to use their private
automobiles for authorized City business:
26¢ per mile - first 200 miles each month
24¢ per mile - next 300 miles each month
22¢ per mile - over 500 miles each month
II. Employees shall be eligible for mileage reimbursement at the
above rate for the use of their private vehicles to travel from
one work station to another work station when such travel results
from a reassignment of work stations after reaching his/her
normally assigned work site.
III. For employees on Worker's Compensation, required travel to and
from the examining doctor's office shall be paid by the City in
accordance with California Labor Code, Chapter 2, Article II,
Section 4600.
2.04 WORK PERIOD/DUTY CYCLE
I. Fire Suppression - Members of represented classifications
assigned to this division shall work on a 56-hour week, three
platoon basis. The duty schedule shall include eight (8) 24-hour
shifts (totaling 192 hours) in a twenty-four (24) day duty
cycle. Each 24-hour shift will begin and end at 8:00 a.m. until
August l, 1987, after which each shift will begin and end at 7:30
a.m.
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The City has enacted the 7K exemption for fire Suppression
personnel as permitted under the Fair Labor Standards Act. This
includes a 24-day work period which coincides with the 24-day
duty cycle described in the previous paragraph.
II. Fire Prevention/Training - Members of represented classifications
assigned to these divisions shall work 40 hours per week.
The work period Iweek) for non-Suppression personnel is a fixed
and regular recurring period of 168 consecutive hours
consecutive 24-hour peri.ods). The work week for non-Suppression
personnel begins at 12:01 a.m. on Friday morning and ends at
12:01 a.m. the following Friday morning.
2.05 OVERTIME
I. Whenever employees are ordered, because of an emergency or in the
interest of the efficiency of the department, to render overtime
service as defined below, they shall be granted overtime pay at
the rate of l-l/2 times their Fair Labor Standards Act (FLSA)
"regular rate," or compensatory time off at 1-1/2 times the
overtime hours worked (subject to the Compensatory Time
provisions in Section II below).
A. Fire Suppression personnel will receive overtime pay or
compensatory time off at time and 1/2 for hours worked in
excess of 182 hours in a 24-day work period. Authorized
paid time off (e.g. vacation, compensatory time, and sick
leave) will be counted as time worked for purposes of
calculating overtime, except for the last 10 hours of the
first 24 hours of paid time off in a 24-day work period.
For fire Suppression personnel, payment for overtime earned
in a given 24-day work period will be made no later than
with the pay warrant covering the biweekly pay period during
which the work period ended.
B. Non-Suppression personnel will receive overtime pay or
compensatory time off at time and 1/2 for hours worked in
excess of 40 hours in a 7-day work period. Authorized paid
time off (e.g. vacation, compensatory time, and sick leave)
will be counted as time worked for purposes of calculating
overtime for non-Suppression personnel.
For non-Suppression personnel, payment for overtime shall be
made with the pay warrant covering the pay period wherein
the overtime was earned.
II. Compensatory Time - Compensation for overtime with compensatory
time in lieu of overtime pay will be at the option of the
supervisor and the department head, based on the employee's
request while recognizing the overall staffing requirements of
the department. Approval of such requests shall not be
unreasonably withheld. A record of compensatory time earned and
utilized shall be maintained on the biweekly pay records.
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Compensatory time shall not be accrued to an employee's credit
for any time in excess of 56 hours. Utilization of compensatory
time will be subject to the same procedures as vacation leave
requests except that requests for vacation leave will have
priority over requests for compensatory leave. Employees shall
be paid for any accumulated compensatory time unused as of June
30 of each fiscal year. Payment will be made during the month of
July of each year, and will be computed based on the employee's
base salary rate on June 30.
III. Emergency Holdovers Employees who are held over beyond the
termination of their scheduled work shift due to fire or other
emergency call, shall be paid on a time and 1/2 basis to the
nearest half hour for all such time worked, but in no event shall
they be paid for less than one I1) hour for such emergency
holdover work. "Time worked" shall include officer's preparation
of incident reports and such personal or equipment clean-up as is
necessary and required by the Director of Public Safety.
IV. Non-Emergency Holdovers Employees required to remain on duty
more than fifteen minutes beyond the scheduled termination of
their shift for other than emergency calls shall be paid on a
time and 1/2 basis after fifteen minutes to the nearest half hour
for all such time worked. "Time worked" shall include such
personal or equipment clean-up as is necessary and required by
the Director of Public Safety, up to a maximum of 30 minutes of
clean-up time.
V. Callbacks - Effective the first pay period after mutual
ratification of this MOU, employees who are called back to work
before the scheduled start of their next regular shift, after
having left their work site or at the conclusion of their prior
scheduled shift, shall be paid for the actual overtime worked to
the nearest half hour, with 2 hours being the minimum amount
paid. The 2-hour minimum shall not, however, apply under any of
the following situations:
(1) The employee is held over beyond the scheduled termination
of his/her work shift (see Sections III and IV above).
(2) The employee returns to work within 2 hours of the start of
his/her next regular shift.
The amount of overtime worked shall not include travel time from
the employee's home (or other non-work location where he/she was
notified of the callback) to the employee's work station or
incident scene, whichever location the employee is required to
report to first. Similarly, overtime shall not include travel
time after the employee leaves his/her work station or incident
scene, whichever location the employee reports to last.
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Except for emergencies, the order of callback shall be as follows:
I1) Callback shall be on a rotational basis by use of a chart
maintained in the Shift Commander's Office.
(2) Telephone and/or notification of callback can be made
anytime, but if the top rotation individual cannot be
reached, callback must be made by the Shift Commander or
his/her designee between 0630 and 0730 on the day of need.
(3) The company Captain affected will designate someone on duty
to be held over until arrival of the persons called back.
(4) All overtime worked as callback shall be entered on the
chart maintained by the Shift Commander, as well as a record
of "no answers," "refusals," etc.
15) Any represented employee giving advance notice to the Shift
Commander of his/her unavailability for callback duty for a
specific period of time shall not lose his/her position on
the callback chart.
(6) Failure to respond to callback by reason of an industrial
disability injury shall not affect callback eligibility,
provided however the employee shall not be eligible for
callback until he/she has a full release to return to
regular duty.
2.06 STANDBY
I. Definition Standby duty is defi ned as that period of time
assigned by the Battalion Chief or Fire Marshal in addition to
the employee's normal work week assignment, during which said
employee must remain at all times where he/she can be contacted
by telephone or beeper, ready for callback to perform an
essential service.
II. Application in Suppression In addition to his/her regular
salary, Suppression personnel shall be compensated with an
additional $13 per each full 24-hour shift assigned to standby
duties. If a Suppression employee works less than a full shift
Of standby, he/she shall be compensated $0.55 per hour assigned
to standby duties.
III. ~pplication in Non-Suppression In addition to his/her regular
salary, non-Suppression personnel shall be compensated with an
additional ~70 per each full week assigned to standby duties.
Since the normal work week of non-Suppression personnel is 40
hours and since standby duty is defined as being in addition to
an employee's normal work week assignment, a full week of standby
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duty would be 128 hours of standby duty. If a non-Suppression
employee works less than a full week of standby, he/she shall be
compensated $0.55 per hour assigned to standby duties.
IV. Any callbacks that occur while an employee is on standby duty
shall not reduce the amount of standby pay the employee would
have earned had there not been a callback. Any overtime or
callback pay shall thus be in addition to the standby pay. In
terms of FLSA, the parties agree that standby time shall not be
counted as hours worked.
2.07 HEALTH AND WELFARE
I. Hospital/Medical Care Benefits
A. Until the beginning of the first pay period commencing in
January 1988, the City will p~y the premiums for the current
designated 3-tier Mutual of New York (MONY) Indemnity Plan
(or an equivalent plan) for each eligible employee and
qualified dependents, or contribute an equal dollar amount
to the current designated 3-tier Kaiser plan (or an
equivalent plan), with the employee paying any excess up to
a maximum of $15.00 per pay period.
B. Effective the first pay period 'commencing in January 1988,
the City agrees to provide the Kaiser "A" plan with
Prescription Drug Benefits (RX3); Students/Over-Age Coverage
(STU1); Durable Medical Equipment, Prosthetics, and
Orthotics (DME); and Mental Health Benefits (MH3) to
employees and qualified dependents at the costs of said plan
as of the first pay period commencing in January 1988. Any
increase in costs during the term of this agreement will be
shared equally by the affected employees and the City.
OR
The City will make available an Alternative Indemnity Plan
(currently provided by MONY) for represented employees who
do not elect Kaiser coverage. The City will contribute an
amount equal to the City's share of the Kaiser Heal th Plan
cost (for the applicable category of coverage) towards the
cOSt Of the Indemnity Plan and the cost of a dental plan at
least comparable to the Dentalnet Plan 46, with the employee
paying any excess.
II. Life Insurance - Effective August 1, 1987, the City agrees to
contribute the amount necessary to provide each employee with
$10,000 group term life insurance.
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III. Dental Plan Employees will be eligible to participate in the
dental plans arranged by the City. Employees choosing to
participate in a dental plan will do so at their own expense,
subject to the provisions of Section I above.
(See Section 2.11 regarding payment for health and life insurance
during a leave of absence of more than one month.)
2.08 RETIREMENT
I. The City will provide the 2% at 50 retirement plan (Section
21252.01) for public safety employees as provided for under the
Public Employees' Retirement System (PERS). Retirement benefits
shall be based on the average of the three highest years as
provided under the Public Employees' Retirement System. The City
will provide the following PERS options:
(1} CREDIT FOR UNUSED SICK LEAVE
(Section 20862.8)
(2) ONE TIME COST OF LIVING INCREASE
(Section 21222.85)
(3) PERCENTAGE COST OF LIVING
(Section 21224)
(4) POST RETIREMENT SURVIVOR ALLOWANCE
(Section 21263, 21263.1 and 21263.3)
(5)$500 RETIRED DEATH BENEFIT
(Section 21367.51)
(6} 1959 SURVIVOR PROGRAM (BASIC)
(Section 21380 - 7)
II. The PERS 1959 Survivor Benefit employee premium cost of $2.00 per
month will be paid by the City.
III. Effective the first pay period commencing in January 1989, the
City will provide the Improved 1959 Survivor Benefit (Third Tier)
under PERS Section 21382.4.
IV. The City and Local 2180 agree to share the costs of a PERS
actuarial study of the costs of basing retirement benefits on the
single highest year, as provided under PERS Section 20024.2.
Said study will be conducted during FY 1989-90.
V. As long as it has the clear legal authority to do so, the City
agrees to continue Section 414(h)(2) of the Internal Revenue Code
relative to employee retirement contributions, which permits
employee PERS contributions to be treated as deferred
compensation.
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2.09 HOLIDAYS
I. Scheduled Holidays
Employees assigned to the Fire Suppression Division will receive
eighty-eight (88) hours holiday pay at straight time. Effective
in FY 1989-90, the number of hours of holiday pay will be
increased to ninety-six 196) hours. Payment will be made the
first payday following December 1 annually. Pro-rated
adjustments will be made for employees of represented
classifications entering or leaving the Fire Suppression Division
of the Department.
Employees assi9ned to divisions other than Fire Suppression shall
accrue 8 hours of holiday time for each of four 14) floating
holidays and seven 17) hard holidays. Compensation will be
administered as designated in the Civil Service Rules, Chapter
2.00, Section 2.01 (D). IHard holidays are: New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day
After Thanksgiving, and Christmas Day; floating holidays are:
Lincoln's Birthday, Washington's Birthday, Admission Day, and
Veterans Day.)
II. Unscheduled Holidays
Members of the Fire Department from Fire Fighter up through the
rank of Fire Captain shall work unscheduled holidays li.e.,
special holidays declared by the President or Governor) at their
regular hourly rate of pay. If employees have that day off, they
will not receive extra compensation for the unscheduled holiday.
2.10 VACATION AND SICK LEAVE
I. Definition for the purpose of this section the following
definitions shall apply:
A. "Continuous service" means City service uninterrupted by
separation.
B. "Intermittent service" means City service interrupted by
separation.
C. "Time worked" includes actual time worked, holidays with
pay, and leave of absence without pay Inot to exceed one
year) for which worker's compensation is paid. It shall
also include Saturdays, Sundays or other regular days off
which are immediately preceded or immediately followed by
other time worked.
D. "Active service" includes time worked, leave of absence
without pay not to exceed 14 calendar days and leave of
absence not to exceed one (1) year for which workers'
compensation is paid.
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' II. VACATION
A. Vacation Accrual Continuous Service: Each employee paid
at a biweekly rate who has had continuous full-time active
service throughout the year previous to that in which the
vacation is requested shall be entitled to an annual
vacation with pay. The following provisions shall apply:
1. The vacation accrual rates shall be as follows:
Employees assigned to Fire Suppression will accrue 112
hours during the first year of service. This benefit
will be accumulated at the rate of 4.30 working hours
for each full biweekly pay period of service
performed. Employees assigned to divisions other than
Fire Suppression will accrue 80 working hours during
the first year of service, accrued at the rate of 3.07
working hours for each full biweekly pay period of
service performed. Eligibility to apply for accrued
vacation will be effective on the employee's six-month
anniversary date.
Employees assigned to Fire Suppression will accrue and
be eligible to receive ll2 hours annually, Icumulative
to a total leave balance of 224 hours) during the
second through fourth year of service. This benefit
will be accumulated at the rate of 4.30 working hours
for each full biweekly pay period of service
performed. Employees assigned to divisions other than
Fire Suppression are eligible to receive 80 working
hours annually accrued at the rate of 3.07 working
hours for each full biweekly pay period of service
performed.
Employees assigned to Fire Suppression will accrue and
be eligible to receive 168 hours annually, Icumulative
to a total leave balance of 336 hours) during the fifth
through fifteenth year of service. The benefits will
be accumulated at the rate of 6.44 working hours for
each full biweekly pay period of service performed.
Employees assigned to divisions other than Fire
Suppression are eligible to receive 120 working hours
annually accrued at the rate of 4.60 working hours for
each full biweekly pay period of service performed.
Employees assigned to Fire Suppression will accrue and
be eligible to receive 224 hours annually, Icumulative
to a total leave balance of 448 hours) during the
sixteenth and succeeding years of service. This
benefit will be accumulated at the rate of 8.59 working
hours for each full biweekly pay period of service
performed. Employees assigned to divisions other than
Fire Suppression are eligible to receive 160 working
hours annually accrued at the rate of 6.14 working
hours for each full biweekly pay period of service
performed.
2. Maximum Vacation Accrual - At no time may an employee
have more than two years of vacation leave
accumulated. No credits shall be accrued above this
limit and any time in excess of the two-year limitation
will be lost.
B. Payment upon Separation - At the time an employee is
separated from the City service, whether voluntarily or
involuntarily, he/she shall be granted all of the unused
vacation to which he/she is entitled based upon his/her
active service in prior years, and in addition, he/she shall
be granted vacation based upon the length of his/her active
service during the year in which the separation occurs and
computed on the basis set forth in Section (A). Where the
total allowance ends with a fraction of a day, the vacation
shall be computed to the nearest whole day, one-half day
being computed to the next whole day.
C. Vacation Use Vacation balances shall be reduced by the
actual time not worked to the nearest quarter hour. Absence
may not be charged to vacation not already accumulated.
D. Payback All members of represented classifications who
have completed at least four years of service shall have the
option of selling one week (56 hours for employees assigned
to Fire Suppression and 40 hours for employees assigned to
other divisions) of said vacation back to the City
annually. The accumulated vacation balance will be reduced
accordingly. Payment of vacation hours will be made the
first payday of any month provided that the Personnel
Department has received ten working days advance notice of
the request prior to payday.
Eo Previously earned vacation balances will be adjusted if
personnel are reassigned for more than 2 consecutive pay
periods to activities requiring a different duty week. A
transfer from Suppression to Prevention or Training requires
the reduction of the accumulated balance by 1.40 (existing
balance divided by 1.40), and a transfer from Prevention or
Training to Suppression requires an increase in the
accumulated balance by 1.40 (existing balance multiplied by
1.40). In addition, the accrual rate will be made to
conform to the new duty week effective the first pay period
beginning after the day assigned, if the reassignment is for
more than 2 consecutive pay periods.
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F. The Shift Commander of each shift will be responsible to see
that the vacation requests for his/her shift are posted at
each station by February 1st of each year.
III. SICK LEAVE
A. Sick leave is not a right which an employee can use at
his/her discretion, but a privilege which can be allowed
only in case of necessity and actual sickness or injury, or
serious illness of immediate family members, which compel an
employee to be absent from work. When an employee is on
sick leave, any type of outside employment will not be
permitted.
B. Members of represented classifications assigned to the Fire
Suppression Division will accumulate sick leave at the rate
of 5.15 working hours for ~ach biweekly pay period of
service.
C. Members of represented classifications assigned to divisions
other than Fire Suppression will accumulate sick leave at
the rate of 3.68 working hours for each biweekly pay period
of service (96 hours annually).
D. Previously earned sick leave balances will be adjusted if
personnel are reassigned for more than 2 consecutive pay
periods to activities requiring a different duty week. A
transfer from Suppression to Prevention or Training requires
the reduction of the accumulated balance by 1.40 (existing
balance divided by 1.40), and a transfer from Prevention or
Training to Suppression requires an increase in the
accumulated balance by 1.40 (existing balance multiplied by
1.40). In addition, the accrual rate will be made to
conform to the new duty week effective the first pay period
beginning after the day assigned, if the reassignment is for
more than 2 consecutive pay periods.
The adjustments to accumulated sick leave balances described
in the previous paragraph will not be made for any
reassignments that occurred prior to mutual ratification of
this MOU. For employees assigned to Prevention or Training
when this MOU is mutually ratified, any future adjustments
made to their accumulated sick leave balances (when they are
subsequently reassigned to Suppression) shall be applied
(multiplying by 1.40) only to the number of hours of sick
leave that were earned but not used wh~le they have been
assigned to Prevention or Training.
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E. Unused sick leave may be accumulated in an unlimited amount
~ but the City shall have no financial obligation to pay for
such accumulated and unused sick leave upon termination from
the City for any reason provided, however, this subsection
does not abrogate the employee's right to have all unused
accumulated sick leave credited to his/her service credits
under PERS upon retirement or any rights provided under
Section F below. In calculating the number of days of
service credits under PERS, unused accumulated sick leave
hours will be divided by 11.2 for employees whose
accumulated balances are based on the Suppression rate and
by 8.0 for employees whose accumulated balances are based on
the non-Suppression rate.
The provisions of the previous paragraph, regarding
calculating the number of days of service credits, are
subject to verification from PERS that the methodology
described is appropriate for calculating service credits
under PERS. If PERS indicates that the methodology
described is not appropriate, then and in that event, the
parties agree to reopen this MOU and meet and confer on the
sole issues of subsections D and E of Section 2.10 III.
F. Sick Leave Reimbursement
(1) Employees using no more than 1/3 of the amount of sick
leave they earned during the previous fiscal year shall
have the option of converting 25% of their accumulation
of unused sick leave for the fiscal year to pay. In
calculating the number of hours that could be converted
to pay, all computations shall be rounded to the
nearest whole hour and the fiscal year will be
considered to start and end with the first pay period
commencing in July of each year.
(2) If the pay option is selected, the paid sick leave
hours shall be subtracted from the employee's
accumulated yearly sick leave balance. The remaining
sick leave hours shall be carried over and accumulated.
(3) Payment for the previous fiscal year will be made
during the month of July of each year, starting in July
of 1988. Pay will be computed based on the employee's
base salary rate on June 30.
(4) An employee will not be eligible for sick leave
reimbursement under this plan if it would result in the
employee having an accumulated sick leave balance of
less than the amount that the employee would earn
during a two-year period. This restriction shall not
apply to subsections {5) and {6) below.
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(5) Permanent employees who reti re during the fiscal year
may be compensated in a prorated manner under this plan
based on their formal retirement date. Prorated
payment may also be made under this plan to an employee
who terminates during the fiscal year.
(6) In the event of the death of a represented employee
while employed by the City, 50% of the employee's total
unused accumulated sick leave will be paid to the
appropriate beneficiary.
G. Sick leave balances shall be reduced by the actual time not
worked to the nearest quarter hour. Absence for illness may
not be charged to sick leave not accumulated.
H. Sick Leave Verification - The City may, in its discretion,
require a doctor's certificate and/or personal sworn
affidavit verifying the nature, severity, and cause of the
disabling injury or illness of the employee or illness or
injury of immediate family members in order to determine
eligibility for use of sick leave.
IV. BEREAVEMENT LEAVE
When an employee with permanent status is compelled to be absent
from work because of the death of an immediate family member, an
immediate family member of the employee's spouse, or any other
person defined by the Internal Revenue Service as a dependent,
and after such employee makes written request and receives
written department head approval, such employee may be allowed
the privilege to be absent from work with pay for any scheduled
work during a period of up to five 15) calendar days, plus
reasonable travel time. Travel time will be actual time used not
to exceed three (3) calendar days. Paid absence for family death
shall be charged to sick leave. For purposes of bereavement
leave, immediate family includes husband, wife, child, stepchild,
brother, stepbrother, sister, stepsister, parent, step-parent or
any other person serving as a parent, grandmother, grandfather,
or any other person living in the same household as the employee.
2.11 LEAVE OF ABSENCE
Employees who are mentally or physically incapacitated to perform their duties
or who desire to engage in a course of study such as will increase their
usefulness on their return to the classified service or who, for any reason
considered to be in the best interest of the City government by the appointing
authority and the Director of Personnel, desire to secure leave from their
regular duties may, on written request, subject to the recommendations of the
appointing authority and the Director of Personnel and with the approval of
the City Manager, be granted leave of absence without pay for a period not to
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exceed one year. Employees asking for leave of absence without pay shall
submit their request in writing stating the reasons why, in their opinion, the
request should be granted, the date when they desire the leave to begin, and
the probable date of their return. For each leave without pay, the Director
of Personnel shall determine whether employees granted such leave shall be
entitled to their former position on their return from such leave or whether
their name shall be placed on the reinstatement list for the class as provided
for in the Civil Service Rules. If a request for leave is denied, such denial
is appealable to the Civil Service Commission.
An employee who is granted an unpaid leave of absence for more than one month
for any reason, including a leave for disciplinary purposes, shall pay the
cost of health and life insurance premiums for the entire period of the leave
of absence, provided, however, that this provision shall not apply if the
leave of absence is a result of the employee being ill or disabled.
2.12 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of
applicable State and Federal 1 aws {Call fornia Military and Veteran's Code).
2.13 JURY DUTY
Jury Service or examination leave may be allowed for all full-time
probationary or permanent status employees who are required by Court Order to
attend court as a prospective juror or serve as a juror, upon immediate
presentation of written proof of the exact period of their required attendance
or service, to the Director of Public Safety and the Director of Finance.
Employees shall receive full pay during the period of such leave provided the
money, except mileage or subsistence allowance, which they receive as a juror
is deposited with the Director of Finance for credit to the proper fund.
2.14 LIMITED DUTY TIME
Activities during limited duty time shall be limited to passive hobbies which:
{1) shall not detract from a person's ability to respond immediately to any
emergency; (2) shall not include any commercial or profit-maKing venture; (3)
shall not be so cumbersome or bulky as to infringe upon other members' lawful
activities; and {4) shall not cause an unusual amount of dust or debris, loud
or distracting noises, repugnant odors, or dangerous vapors. No use of City
tools or materials, except water and hoses for washing personal vehicles,
shall be permitted routinely. Except for emergency repairs, there will be no
repair or maintenance on any personal motive equipment.
Th~s item shall not abrogate the right of a Fire Captain, Battalion Chief, or
Director of Public Safety to curtail any activity which in his/her opinion is
undesirable for the circumstances existing at that time, nor shall this item
limit the right of the department to require night or evening drills or
training, night or evening inspections, or other related work.
2.15 LIMITED DUTY DAYS
Such days shall be New Year's Day, Easter Sunday, Memorial Day, Independence
Day, Labor Day, Thanksgiving, and Christmas.
Work required on limited duty days shall consist of daily, routine schedule,
and emergency duty.
Sundays shall also be considered limited duty days except that individual fire
companies are not prohibited from conducting their own training on Sundays.
No represented employee shall be required to participate in such training.
2.16 SHIFT EXCHANGE
Subject to the Battalion Chief's or Fire Marshal's approval, employees shall
have the right to voluntarily exchange shifts or parts of shifts when the
change does not interfere with the operation of the Fire Department. In
addition to exchange rank for rank, personnel of a lower classification but of
Qualified rank may be permitted to exchange shifts.
"Paybacks" of shift trades are the obligation of the employees involved in the
trade. Paybacks should be completed within one calendar year of the date of
the initial shift trade. Any dispute as to paybacks is to be resolved by the
involved employees. The City is not responsible in any manner for hours owed
to employees by other employees who leave the employment of the City or are
assigned other duties.
A record of all initial shift trades and "paybacks" shall be maintained by the
involved employees on forms provided by the department.
2.17 OUT OF CLASSIFICATION ASSIGNMENT
I. Employees assigned duty as an Acting Fire Engineer, Acting Fire
Captain or Acting Battalion Chief for a period of at least one
full regularly scheduled, continuous work shift 124-hour period)
shall receive compensation at a rate of five percent (5%) above
his/her base pay. Payment will be retroactive to the beginning
of the first regularly scheduled shift of the out-of-class
assignment and will continue until the out-of-class assignment
ends, provided the above full-shift minimum is met.
II. Employees assigned duty as Acting Fire Marshal for a period of at
least 1 continuous week shall receive compensation at a rate of
five percent (5%) above his/her base pay, excluding any overtime
or standby pay. Payment will be retroactive to the beginning of
the out-of-class assignment and will continue until the
out-of-class assignment ends, provided the above full-week
minimum is met.
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III. ll~e assignment of Acting Fire Engineer, Acting Fire Captain,
Acting Battalion Chief, or Acting Fire Marshal shall be made in
writing and shall indicate the date and time the assignment
begins. If any part of an hour is worked as an out-of-class
assignment, the entire hour will be considered an out-of-class
assignment.
2.18 BILINGUAL PAY
Effective the first pay period commencing in January 1988, those employees
who, upon the recommendation of the Director of Public Safety, the approval of
the Personnel Department and City Manager, and the successful completion of a
Bilingual Performance Evaluation, are regularly required to use their
bilingual skills in the performance of their duties will receive $50 per month
in addition to their regular pay.
The City reserves the right to assign employeqs receiving Bilingual Pay to
duty stations where, in the City's judgment, their bilingual ability is most
useful in providing Fire Department services. No more than 40% of represented
employees shall receive Bilingual Pay at any given time.
2.19 DIFFERENTIAL PAY
Represented employees assigned to the Fire PreveQtion or Training Divisions
will receive 7-1/2% additional compensation over their base wage, after they
have been assigned to said Division for at least two consecutive pay periods.
2.20 VACANCIES - PROMOTIONS
I. When a permanent vacancy occurs in any position, it shall be
filled in accordance with the Civil Service Rules, Chapter 1.O0,
Section 1.05 (A).
II. The City of Chula Vista will maintain promotional eligible lists
so that not more than 120 days elapse between expiration and
establishment of new lists.
2.21 LAYOFF
I. The City shall adhere to the following layoff procedure whenever
it considers it necessary to reduce the unit's labor force in
order to lessen governmental costs, reorganize City operations or
reduce/eliminate City services.
II. Order of Layoff: Unit employees shall be laid off in the order
specified below. Within categories l, 2, 3, 4, 7 and 8,
employees shall be laid off in order of seniority. In category
5, layoff decisions will be made by the Director of Public Safety
and/or Fire Chief. Employees in category 6 will have the right
to bump back to the classification from which they were promoted.
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(1) Employees filling unbudgeted positions.
(2) Vacation relief or other work relief positions.
(3) Temporary employees.
(4) Interim employees.
(5) Probationary employees Ioriginal permanent appointment).
Employees on probation following promotion.
(7) Permanent employees whose last merit increase was withheld
for reasons of job performance, or who have, within the 26
pay periods immediately prior to layoff, been subject to
disciplinary suspension of three days or more, or who have
been demoted or reduced in pay for cause as defined in the
Civil Service Rules, Chapter 1.00, Section 1.08 IA).
(8) Permanent employees.
III. Seniority Defined: Seniority means continuous service with the
City. Where equal, seniority shall be determined based on and in
the following order:
Continuous service in Department, in classification, and
employee scores on eligibility lists and/or evaluation
ratings.
IV. Demotions and Reassignments: In connection with layoffs of unit
employees, the Director of Public Safety and/or Fire Chief may
demote to 1 ower classifications or otherwise transfer or reassign
employees in order to assure a balanced organizational and
operational structure in the Department.
V. Reinstatement/Reemployment Lists: Employees demoted or 1 aid off
shall have their names entered onto a reinstatement/reemployment
list, with those demoted or laid off last being placed at the top
of the list. Any reemplogent into the classification shall
first be through use of reinstatement lists and then reemployment
lists, with only the candidate placing highest on a list being
certified to the appointing authority. When a rehire is
anticipated the top person on the appropriate list will be sent
written notice by Certified Mail, Return Receipt Service. If the
individual cannot be contacted at the address in the Personnel
Department records, that persongs name shall be removed from the
list.
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Persons on reinstatement and/or reemployment lists are
responsible for seeing that the Personnel Department has current
addresses on file. If an individual declines a reemployment
offer or fails to respond within three (3) working days from the
date the receipt is received by the Personnel Department, his/her
name will be removed from the list. Names will remain on the
reemployment list for not more than twenty-four months.
VI. Notice of Layoff: The Personnel Director shall send written
notice by Certified Mail to the last known address of each
employee to be affected by a layoff at least fourteen (14) days
prior to the effective date of the action.
VII. Restoration of Benefits Upon Reemployment Following Layoff:
Following rehire off of a reemployment list, an individual will
have the following benefits restored:
(1) Sick leave accruals (less any such sick leave reimbursed at
the time of layoff.)
(2) Seniority at time of layoff for purposes of determination of
continuous City service, eligibility for merit increases and
vacation accrual rates.
13) The pay rate that will be awarded to a person who is
reemployed shall be within the pay range for the
classification effective at the time of reemployment. The
step within the range will be the same step the employee was
receiving at the time of layoff.
2.22 EQUIPMENT RESPONSIBILITY AND PROPERTY REPLACEMENT
I. The City will hold employees harmless for equipment damaged or
lost, except for acts of negligence, vandalism, intoxication or
other substance abuse.
II. Any represented employee who, in the normal course of his/her
employment, suffers damage or destruction as a result thereof to
his/her prescription glasses or wrist watch, shall be entitled to
replacement or repair thereof upon investigation and
recommendation by such employee's department head, and approval
by the City Manager, provided such damage or destruction did not
ocCUr as a result of such employee's negligence. Said
reimbursement shall not exceed the reasonable value of functional
replacement or repair. An employee will be reimbursed up to $75
or actual cost, whichever is less, for prescription glasses and
up to $50 or actual cost, whichever is less, for watches which
are damaged or destroyed.
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2.23 DEFERRED COMPENSATION
All represented employees shall be eligible to participate in the City's
approved Deferred Compensation plans.
3.01 PROHIBITED PRACTICES
I. Local 2180 pledges it shall not cause, condone or counsel
represented employees or any of them to strike, fail to fully and
faithfully perform duties, slow down, disrupt, impede or
otherwise impair the normal functions and procedures of the
Department or the City.
II. Should any represented employees breach the obligations of
Paragraph I while this Memorandum of Understanding is effective,
the City Manager or his/her designee shall immediately notify
Local 2180 that an alleged prohibited action is in progress.
III. Local 2180 shall forthwith, and in any event, within eight
working hours disavow said strike or other alleged prohibited
action, shall advise such employees orally and in writing to
immediately return to work and/or cease the prohibited activity
and provide the City Manager with a copy of its advisement, or,
alternatively, accept the responsibility for the strike or other
prohibited activity.
IV. If Local 2180 disavows the prohibited activity and takes all
positive actions hereunder in good faith, the City shall not hold
Local 2180 financially or otherwise responsible. The City may
impose penalties or sanctions as the City may appropriately
assess against the participants.
V. Should Local 2180 breach its obligations or any of them under
this section while this Memorandum of Understanding is effective,
it is agreed that the City shall pursue all legal and
administrative remedies available to the City that in its
discretion it may elect to pursue.
VI. There shall be no lockout by the City while this Memorandum of
Understanding is effective.
3.02 MINIMUM STAFFING LEVELS
Effective with ratification of this MOU by Local 2180 and the City Council,
the minimum staffing level shall be 19 Fire Suppression personnel in
classifications at the Fire Captain level or below.
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3.03 STATION MAINTENANCE AND REPAIR
Employees represented by Local 2180 agree to perform normal fire station
maintenance and repair. "Normal fire station maintenance and repair" shall
not include major construction or renovation projects that are determined by
the Director of Public Safety to be beyond the capability of the represented
employees or are projects that would seriously interfere with the ability of
represented employees to respond to emergencies. The City agrees to provide
materials and equipment necessary to perform the normal fire station
maintenance and repairs as provided herein. The fire station maintenance and
repair duties will be performed between 0730 and 1630o
3.04 VOLUNTARY PARTICIPATION IN NON-TRADITIONAL FUNCTIONS
Employees represented by Local 2180 agree to cooperate in the development of a
program wherein represented employees can voluntarily perform non-traditional
functions involving tasks in other City department operations. The intent of
this section is to encourage voluntary participation of represented employees
in various tasks and projects throughout the City that would not unduly
interfere with their performance as fi refighters but woul d, at the same time,
offer an opportunity to utilize existing skills or learn new skills that may
or may not be fire-service related.
3.05 DRIVING ELIGIBILITY POLICY
Whenever an employee drives a vehicle for City business, he or she shall have
a valid California driver's license. In order to ascertain the validity of
the employees' licenses, employees must present their driver's license to
their supervisor upon request. If an employee's driver's license is revoked,
suspended, or otherwise made invalid, the employee must immediately inform his
or her supervisor. Failure to notify the supervisor may result in immediate
disciplinary action. The City reserves the right to check with the Department
of Motor Vehicles to determine if the employee's driver's license is valid.
An employee who does not possess a California driver's license will be
considered for a non-driving position, if one is available in the employee's
classification. The non-driving assignment will continue for a maximum of six
months if there is a reasonable expectation the employee will have a valid
California Driver's License at the expiration of that time. Extensions to the
six-month limit will be considered on a case-by-case basis; however, in no
case shall an employee receive more than one non-driving assignment in any
three-year period. When no non-driving assignment is available, employees may
request a leave of absence without pay for six months or until such time as
their license is once again valid, whichever is shorter.
3.06 HEALTH FITNESS PROGRAM
Unless they request and receive an exemption from the Director of Public
Safety, all represented employees shall participate in a physical fitness
assessment. The initial assessment will generally consist of three, 3-hour
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sessions (9 hours total) involving a physical conditioning assessment and
nutritional and fitness training. In succeeding years, employees shall
undergo a 4-1/2 hour physical fitness teevaluation, pending development of
physical fitness standards.
As part of the physical fitness assessment, an individualized exercise program
with specific improvement goals will be developed for each participant.
Follow-up participation in an individual exercise program shall be voluntary.
Local 2180 shall, however, encourage their members to participate in their
individual exercise programs.
During the 1987-88 fiscal year, classifications represented by Local 2180
agree to assist in devising a health fitness program that will be effective by
July l, 1 988. The program will include the establishment of relevant physical
fitness performance standards and tests. The program will also include an
optional initial medical examination, which will be provided to employees at
City expense. Said program will be developed by the Public Safety Director
and other representatives of management, with at least two representatives of
Local 2180, selected by the Association, to serve on said committee. The
final decision on what type of program to implement remains with the City.
Commencing January 1989, represented employees shall be required to take an
annual physical fitness test, in accordance with the standards and tests
established as part of the health fitness program, unless they request and
receive an exemption from the Director of Public Safety. If an employee does
not pass two consecutive annual physical fitness tests, it shall be noted on
the employee's performance evaluation.
3.07 SUBSTANCE ABUSE POLICY
The City and Local 2180 agree that the use, and/or being under the influence,
of alcohol and/or drugs on the job detrimentally affects the work performance,
safety, security and public confidence of represented employees and the health
and welfare of the citizens of Chula Vista.
The parties agree, therefore, to meet and confer in an effort to formulate a
mutually agreeable substance abuse program that may include voluntary
counseling under appropriate circumstances. The program will limit any
substance testing of represented employees to "probable cause" criteria.
Nothing in this provision shall be construed to limit or otherwise diminish
any rights the City has under existing law to require an employee to submit to
a substance abuse testing program if a mutually agreeable program cannot be
developed.
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3.08 GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this
Memorandum of Understanding.
Section I. PURPOSE. The purposes and objectives of the Grievance Procedure
are to:
{1) Resolve disputes arising from the interpretation, application or
enforcement of specific terms of this agreement.
{2) Encourage the settlement of disagreements informally at the
employee-s.pervisor level a.d provide an orderly
handle grievances through the several supervisoryrwehe
necessary.
(3) Resolve grievances as quickly as possible and correct, if
possible, the causes of grievances thereby reducing the number of
grievances and future similar disputes.
Section II. DEFINITIONS. For the purpose of this grievance procedure the
following definitions shall apply:
(1) Manager: The City Manager or his/her authorized representative.
(2) Working Day: A calendar day, excluding Saturdays, Sundays and
hard holidays as described by this agreement.
(3) Department head or head of a department: The chief executive
officer of a department.
(4) Director of Personnel: The Director of Personnel or his/her
authorized representative.
{5) Employee: Any officer or regular (not temporary) employee of the
City, except an elected official.
(6) Employee representative: An individual who speaks on behalf of
the employee.
(7) Grievance: A complaint of an employee or group of employees
arising out of the application or interpretation of a specific
clause in this agreement.
(8) Immediate supervisor: The individual who assigns, reviews, or
directs the work of an employee.
(9) Superior: The individual to whom an immediate supervisor reports.
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Section III. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES.
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(1) To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred in alleged
violation of a specific clause in this agreement; and
(b) Specify the relief sought, which relief must be within the
power of the City to grant in whole or in part.
A grievance is not reviewable under this procedure if it is a
matter which:
(a) Is subject to those reserved City Management Rights as
stipulated under Section 4 of the Employer-Employee Relations
Policy for the City of Chula Vista or under management rights
as specified in this agreement.
(b) Is reviewable under some other administrative procedure
and/or rules of the Civil Service Commission such as:
1. Applications for changes in title, job classification or
salary.
2. Appeals from formal disciplinary proceeding.
3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
5. Appeals that have Affirmative Action or civil rights
remedy.
(c) General complaints not directly related to specific clauses
of this agreement.
(d) Would require the modification of a policy established by the
City Council or by law.
(e) Relates to any City group insurance or retirement programs.
Section IV. GENERAL PROVISIONS OF THE GRIEVANCE PROCEDURE.
(1) Grievances may be initiated only by the employee or employees
concerned and may not be pursued without his/her or their consent.
(2) Procedure for Presentation. In presenting his/her grievance, the
employee shall follow the sequence and the procedure outlined in
Section V.
(3) Prompt Presentation. The employee shall discuss his/her grievance
with his/her immediate supervisor within ten (10) working days
after the act or omission of management causing the grievance, or
within ten (lO} working days of when the employee, with the
exercise of reasonable diligence, should have discovered the act
or omission being grieved.
(4) Prescribed Form. The written grievance shall be submitted on a
form prescribed by the Director of Personnel for this purpose.
(5) Statement of Grievance. The grievance shall contain a statement
of:
(a) The specific situation, act or acts complained of as an
agreement viDlation;
(b) The inequity or damage suffered by the employee; and
(c) The relief sought.
(6) Employee Representative. The employee may choose someone to
represent him/her at any step in the procedure. No person hearing
a grievance need recognize more than one representative for any
employee at any one time, unless he/she so desires.
(7) Handled During Working Hours. Whenever possible, grievances will
be handled during the regularly scheduled working hours of the
parties involved.
(8) Extension of Time. The time limits within which action must be
taken or a decision made as specified in this procedure may be
extended by mutual written consent of the parties involved. A
statement of the duration of such extension of time must be signed
by both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the grievance involves a group of
employees or if a number of employees file separate grievances on
the same matter, the grievances shall, whenever possible, be
handled as a single grievance.
(lO) Settlement. Any complaint shall be considered settled without
prejudice at the completion of any step if all parties are
satisfied or if neither party presents the matter to a higher
authority within the prescribed period of time.
(ll) Reprisal. The grievance procedure is intended to assure a
grieving employee the right to present his/her grievance without
fear of disciplinary action or reprisal by his/her supervisor,
superior or department head, provided he/she observes the
provisions of this grievance procedure.
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(12) Back pay. The resolution of a grievance shall not include
provisions for back pay retroactive further than twenty (20)
working days prior to the date the grievance is filed. However,
if with the exercise of reasonable diligence the act or omission
being grieved was not discovered within lO working days of its
occurrence, and the grievance is subsequently timely filed
pursuant to Section IV (3), then the resolution of the grievance
may include provision for back pay for a maximum period of one
year from the date the grievance was filed.
Section V. GRIEVANCE PROCEDURE STEPS. The following procedure shall be
followed by an employee submitting a grievance pursuant to policy:
Step 1 Discussion with Supervisor. The employee shall discuss
his/her grievance with his/her immediate supervisor
informally. Within three (3) working days, the supervisor
shall give his/her decision to the employee orally.
Step 2 Written Grievance to Superior. If the employee and
supervisor cannot reach an agreement as to a solution of the
grievance or the employee has not received a decision within
the three (3) working days' limit, the employee may within
seven (7) working days present his/her grievance in writing
to his/her supervisor who shall endorse his/her comments
thereon and present it to his/her superior within seven 17)
working days. The superior shall hear the grievance and give
his/her written decision to the employee within seven
working days after receiving the grievance.
Step 3 Grievance to Department Head. If the employee and superior
cannot reach an agreement as to a solution of the grievance
or the employee has not received a written decision within
the seven (7) working days' limit, the employee may within
seven (7) working days present his/her grievance in writing
to his/her department head. The department head shall hear
the grievance and give his/her written decision to the
employee within seven (7) working days after receiving the
grievance.
Step 4 Grievance to Director and Manager. If the grievance is not
settled at the department head level, it may be submitted by
the Association Representative wi thin twenty (20) working
days to the Personnel Director, who shall investigate and
report his/her findings and recommendations to the City
Manager within ten (lO) working days. The City Manager shall
provide his/her answer within ten (10) working days. The
times indicated may be extended by mutual agreement. Any
Employee grievance will be filed with the Association
Representative at Step 4.
Following the submission of the City Manager's answer, and
before going to Section VI, Advisory Arbitration, matters
which are unresolved shall be discussed at a meeting between
the parties during which all pertinent facts and information
will be reviewed in an effort to resolve the matter through
conciliation.
Section VI. ADVISORY ARBITRATION. Any dispute or grievance which has not been
resolved by the Grievance Procedure may be submitted to advisory arbitration
by the Association Representative or the City without the consent of the other
party providing it is submitted within ten/lO) working days, following its
termination in the Grievance Procedure. The requesting party will notify the
-other party in writing of the matter to be arbitrated and the contract
provision(s) allegedly violated. Within five (5) working days of the receipt
of this notice, the parties may agree upon an arbitrator which can be a single
employee or group of three employees who have been trained in conducting
grievance hearings. If agreement on an arbitrator cannot be reached the
following procedure will be followed:
1. The State Department of Industrial Relations shall be requested by
either or both parties to provide a panel of five arbitrators.
Both the City and the Association shall have the right to strike
two names from the panel. The party requesting the arbitration
shall strike the first name; the other party shall then strike one
name. The process will be repeated and the remaining person shall
be the arbitrator.
2. The arbitrator shall hear the case within twenty 120) working days
after the arbitrator has been selected. The arbitrator may make a
written report of their findings to the Association and the City
within fifteen (15) working days after the hearing is concluded.
The arbitrator shall make rules of procedure. The decision of the
arbitrator shall be advisory to the City Manager who shall render
a final decision within ten (10) working days.
The arbitrator shall have no authority to amend, alter or modify
this agreement or its terms and shall limit recommendations solely
to the interpretation and application of this agreement. The
above time limits of this provision may be extended by mutual
agreement.
3. Each grievance or dispute will be submitted to a separately
convened arbitration proceeding except when the City and the
Association mutually agree to have more than one grievance or
dispute submitted to the same arbitrator.
4. The City and the Association shall share the expense of
arbitrators and witnesses and shall share equally any other
expenses, including those of a stenographer, if required by either
party. If either party elects not to follow the advisory decision
rendered by the arbitrator, that party shall pay the entire cost
Of the arbitration process, including the expense of the
arbitrator, witnesses and/or stenographer.
3.09 GENERAL PROVISIONS
I. For the purpose of this MOU, the "Director of Public Safety" shall
mean the chief executive officer of the Fire Department or his/her
authorized representative.
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II. For represented employees who were employed by the Montgomery Fire
Protection District at the time the area served by the District
was annexed to the City, their seniority rights shall begin with
their individual hiring dates with the District and all continuous
service with the District shall be deemed to be continuous service
with the City.
3.10 TRANSITIONAL STAFFING LEVELS - MFPD
As a result of the annexation of the area formerly served by the Montgomery
Fire Protection District, the City agrees to maintain the transitional
staffing levels specified below.
I. City will provide a minimum of 22 authorized Fire Engineer
positions in the Fire Department until a new fire station is
opened (not a rebuilding, remodeling, or relocation of an existing
station).
II. City will provide a minimum of 21 authorized Fire Captain
positions in the Fire Department until a new fire station is
opened (not a rebuilding, remodeling, or relocation of an existing
station).
III. City will provide a minimum of 5 -authorized Battalion Chief
positions in the Fire Department until any of the existing
Battalion Chiefs retires or terminates from the CVFD for any
reason or is promoted.
4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING
I. This Memorandum of Understanding shall remain in full force and
effect commencing with the beginning of the first regular pay
period in July 1987 lexcept as modified by Section V below on
non-retroactivity), up to the beginning of the first regular pay
period in July 1990, and it is understood and agreed that the
terms, conditions, wages and all provisions of the last year of
the term of this Memorandum of Understanding shall continue in
effect until a new Memorandum of Understanding is negotiated and
subsequently ratified by Local 2180 and the City Council. Said
terms and conditions as outlined in the final year of this
Memorandum of Understanding shall remain in effect from the first
pay period in July 1990 until the first pay period in July 1991
unless one of the parties notifies the other in writing no later
than March 1, 1990, of its desires to modify or terminate the
agreement and provides written proposals for such modifications no
later than May l, 1990.
II. This MOU fully and completely incorporates the understandings of
the parties hereto for the full term of this agreement,
constituting the sole and entire understanding between the
parties. It is further understood, however, that nothing herein
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prohibits the parties from changing and amending the terms of this
MOU during the period of its effectiveness by further
consultations or meet and confer sessions by mutual agreement.
For example, matters subject to Meyers-Milias-Brown which are not
covered in the MOU, may be acted upon by City unilaterally after
meeting and conferring on such matters. Nothing contained herein
shall affect rights and privileges of parties as established by
the laws of the State of California, as contained in the
California Government Code under those provisions known as the
Meyers-Milias-Brown Act, unless specifically referred to herein.
III. The provisions of this Memorandum of Understanding shall be
subject to Federal, State and local law.
IV. If at any time during the term of this Memorandum of
Understanding, through causes beyond the control of the City, the
City does not receive a substantial amount of anticipated budgeted
revenues or is required to make substantial unanticipated
expenditures, then, in such event, the City may, with mutual
agreement of Local 2180, reopen this Memorandum of Understanding
and meet and confer on employment benefits. This section,
however, in no way affects the existing right of the City to lay
off employees.
V. If an Agreement on this MOU is not reached between the City and
Local 2180 on or before the beginning of the first pay period in
July 1987, there will not be retroactivity of salary and
benefits. "Agreement," as used in this context, will be
considered reached if agreement has been reached between
management and Local 2180, provided the agreement has been
ratified by Local 2180's membership on or before July lO, 1987.
Otherwise, salary and benefit changes will become effective the
first pay period commencing after ratification of this MOU by
Local 2180's membership and by the City Council, except where
provisions of this MOU specify subsequent effective dates.
4.02 SAVINGS CLAUSE
If any article or section of this Memorandum of Understanding should be held
invalid by operation of law or by a final judgment of any tribunal of
competent jurisdiction, or if compliance with or enforcement of any article or
section should be restrained by such tribunal, the remainder of this
Memorandum of Understanding shall not be affected thereby.
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In the event of the invalidation of any article or section, the City and Local
2180 agree to meet within sixty (60) days after the expiration of any
administrative or judicial appeal period/process for the purpose of meeting
and conferring over said invalidated section or article.
For the City: For Local 2180:
City of Chula Vista Local 2180, IAFF
Doug Adrianc~
Tom ~inter
WPC 1643A
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