HomeMy WebLinkAboutReso 1983-11410
RESOLUTION NO.
11410
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 LOCAL 2180, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO FOR FISCAL YEARS 1984 THROUGH
1987
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Management Negotiation Team representing
the Cit~ Manager of the City of Chula Vista, acting for and on
behalf of the City Council of the City of Chula Vista, have hereto-
fore met and conferred with Local 2180, International Association
of Firefighters AFL-CIO, an organization representing members of
the Chu]a 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 pre-
pared by said parties as a result of meeting and conferring in
good fa~th has been presented to the City Council and is contained
in Exhibit "A", attached hereto and incorporated herein by refer-
ence as if set forth in full.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the Cit~ of Chula Vi~ta does her:by a~prove.a~d ~ccept sa~d Memo-
randum of Understand~ng' as 'conta~ned ~n Exrnb~ t 'A" for f~scal
years 1984 through 1987. .
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Presented by
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-E. R. Asmus, Assistant
. M I
C~ty anager
Approved as to foDfi'by
--
Harron,
ADOPlilED AND APPROVED BY THE CITY
CHULA VISTA, CAL.!.IFORNIA, this 18th day of
19 83 , by the following vote, to-wit:
COUNCIL OF THE CITY OF
October
AYES:
NAYES:
ABSTAI N:
ABSENT:
Councilmen
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Councilmen
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cbuncilmen
Cbuncilmen
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Scott, Malcolm, Cox, Moore. McCandliss
None
None
None
Mayor
ATTEST~~~
(/ , City Clerk
. f(. a,
City of Chula Vista
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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CITY OF CHULA VISTA
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I, JENNIE
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DO HEREBY CER~IFY
RESOLUTION N,D.
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) 55.
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M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
that the above and foregoing is a full, true and correct copy of
11410
,and that the some has not been amended or repealed.
DATED
(seal)
City Clerk
CC-660
A.
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ES;I~TEDI~OST
f
% INCREASE
-Year
-Yea~
-Yea~
-Yeat
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SUMMARY OF POLICE AND FIRE PACKAGES
OF PACKAGES
POLICE
OVER PREVIOUS YEAR:
1 (FY 83-84)
2 (FY 84-85)
3 (FY 85-86)
4 (FY 86-87)
1. 58%
10.18
6.83
N/A
FLAT % INCREASE EACH YEAR THAT
WOULD RESULT IN EQUIVALENT:
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-Total 3-Year Cost
-Totkl 4-Year Cos~
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Costing Nbte:
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B.
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PROVISIONS
,5.32%
N/A
EXHIBIT "A,'~.
FIRE
2.07%
.10.39
7.59
5.18
5.77%
5.98
The above cost estimates assume CYEA annual salary increases
of 5% in FY 84-85, FY 85-86, and FY 86-87. They also assume
the Police and Fire salary comparisons with other cities in
the County will not result in additional Police or Fire
salary increases.
IN BOTH POLICE AND FIRE AGREEMENTS
-2% kt SO PERS Retirement Plan Provided October 1984
-capl on City's PERS Rate
-PSO, Cooperation
-Health Fitness Program
"Nol Strike" Clause
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OTHER PROVISIONS IN POLICE AGREEMENT
-3-yLar Contract
~Elikination of Uniform Allowance (City will Purchase)
-Tak~aways Regarding:
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OTHER PROVISIONS IN FIRE AGREEMENT
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-4-Y,ear Contract'
-PERS Survivors Retirement Benefit Provided October
-Pe~formance of Station Maintenance and Repair
-Voltintary Performance of Non-Traditional Functions
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-Takeaways Regarding: .
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D.
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Education Incentive Reduced and Flat Rated with
Continuing Education Requirement
City Will No Longer Pay Premiums for Long-Term
Disability Insurance
Reduction of 1 Hard Holiday
Elimination of I-Hour Minimum for Overtime
1st Hour of Holdover Overtime Paid at Straight Time
Virtual Elimination of Callback Bonuses
1984
Reduced
Reduced
Virtual
Minimum Staffing Level
Vacation Accrual Rates
Elimination of Callback
Bonuses
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EXHIBIT
A
M E MaR AND U M
o F
U N D E R S TAN DIN G
BETWEEN
C I T Y 0 F C H U L A V I S T A
AND
LaC A L 2 1 8 0,
INTERNATIONAL ASSOCIATION
OF
FIR E FIG H T E R S
AFL CIa
1983 - 1987
.
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SIDE LETTER AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO
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Local 2180" International Association of Firefighters AFL-CIO ("Local 2180"),
in consideration of Article 3.05 (2) (h) of the FY 1983-87 Memorandum of
Understandihg between the City of Chula Vista and Local 2180, hereby agree:
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That should a decision be made by the City Council of Chula
Vista before July 1, 1987 to proceed with the implementation
of a publ ic safety officer program that does not allow for at
least one year of field assignment of one or mo.re public safety
officers prior to July 1, 1987, then Local 2180 and employees
represented by..Local 2180 agree to continue to fully cooperate
i(1 the iinpTemenlal.ion of the program for one full year after
fielding one or more public safety officers, provided said
one full year is completed before July 1, 1988.
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FOR THE CITY:
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Date: /.t)h~~
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E. R. ASMUS I
Assistant Crty Manager of the
City of Chula Vista
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FOR LOCAL 2180:
Date: /D-,-.;z8-fS5
Q~r/~
DONALD J. SCHOFIELD
Chief Negotiator, Local 2180
~YAR,~l1:e""j"
.~4.~
ED THOMAS, Fire Engineer
~~
./RY KOEPER, .f;i,ref, ghter
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MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT IBETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS AFL-CIO, FISCAL YEARS 1983-1987
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1.0~ PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.0~ LOCAL 2180 RIGHTS
1.05 EMPLOYEE RIGHTS
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2.0,1
2.02
2.03
2.0~
2.05
2.06
2.0~
2.08
2.09
2.10
2.1i1
2.12
2.13
,
2. 1~
2.15
2.16
2.W
2.18
2.19
2.2'0
2.211
2.2'2
2.2:3
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3.011
3.02
3.03
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3.0,4
3.05
3.0'6
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4.011
4.02
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WAGES
UNIFORMS
MILEAGE REIMBURSEMENT
DUTY WEEK
OVERTI ME
STANDBY
HEALTH AND WELFARE
RETIREMENT
HOLIDA YS
VACATION AND SICK LEAVE
LEAVE OF ABSENCE
MILITARY LEAVE
JURY DUTY
LIMITED DUTY TIME
LIMITED DUTY DAYS
SHIFT EXCHANGE .
OUT OF CLASSIFICATION ASSIGNMENT
DEPARTMENTAL SAFETY AND HEALTH COMMITTEE
DEPARTMENTAL RULES & REGULATIONS COMMITTEE
VACANCIES - PROMOTIONS
LAYOFF
RESPONSIBILITY FOR EQUIPMENT
DEFERRED COMPENSATION
PROHIBITED PRACTICES
MINIMUM STAFFING LEVELS
STATION MAINTENANCE AND REPAIR
VOLUNTARY PARTICIPATION IN NON-TRADITIONAL FUNCTIONS
PUBLIC SAFETY OFFICER PROGRAM
HEALTH FITNESS PROGRAM
TERMS AND EFFECT OF MEMORANDUM OF UNDERSTANDING
SAVINGS CLAUSE
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1.04 LOCAL 2180 RIGHTS
I. ~uthorized representatives of Local 2180 may be allowed reasonable
laccess to un it emp 1 oyees duri ng work i ng hours for the purpose of
consulting regarding the employer-employee relationship, provided
that the work operation and service to the public are not impaired
and the authorized representatives shall have given advance notice
to, and been granted authorization by, the Department Head or his
des i gnated representat ive when contact ing un it emp loyees duri ng
the duty period of the employees. The Department Head or his
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
Imembers, provi ded space, can be made avail ab 1 e without i nterferi ng
'with the City needs, and such meetings are conducted at no cost to
the City.
III. Up to three (3) 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 the Local.
I V. A reasonab 1 e amount of space shall conti nue to be provided to
Local 2180 on City bulletin boards for legitimate communications
with members.
V. The City will continue to provide payroll dues deductions as
authorized by unit employees to the Local, and the Local will pay
the City 10lt per member per pay period for the actual costs
incurred for dues deduction on behalf of I.A.F.F. and 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 the local:
One copy each of Agendas and Minutes of all City Council meetings,
Civil Service Commission meetings, open Council Conferences, and
I Safety Committee meetings; the Preliminary City Budget and the
Final City Budget.
1.05 EMPLOYEE RIGHTS
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I. Employee Personnel Records:
A. Unit 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.
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1.01 PREAMBLE
This MemoraJdum of Understanding is entered into by the City of Chu1a Vista,
hereinafter I referred to as "City," and International. Association of
Firefighters, hereinafter referred to as "Local 2180." .
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1.02 RECOGNITION
The City redognizes Local 2180 as representative for employees in the City of
Chu1a Vista! who are employed in the classifications of Firefighter, Fire
Engineer and Fire Captain.
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1.03 CITY IRIGHTS
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Nothing contained herein shall be construed to restrict any legal or inherent
exclusive C'ity rights with respect to matters of legislative or managerial
pol icy.
The exclusive rights of the City shall include, but not be 1 imited to, the
ri ght to: I
Establish, plan for, and direct the work force toward the
organizational goals of the City Government.
D I. th .. d th' . d 1 1
ete~mlne e organlZatlOn, an e merlts, necesslty an eve of
activity or service provided to the public.
DeteJmine the City budget.
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Establish, regulate and administer a merit or civil service system
whic~ provides for all types of personnel transactions, including, but
not 11imited to, determining the procedures and standards for the
hiri(lg, promotion, transfer, assignment, layoff, retention, and
classification of positions in accordance with the City Charter, Civil
Service Rules, and established personnel practices.
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Disc~p1ine or discharge employees.
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Dete~mine the methods, means, numbers and kinds of personnel, and the
job or position content required to accomplish the objectives and goals
of the City.
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Effect a reduction in authorized positions.
Takel actions necessary to carry out the mission of the City in
emergencies and in other situations of unusual or temporary
circumstances.
cont~nue to exercise efficient and productive management practices
cons:istent with Federal and State laws and in compliance with the City
charfer and City ordinances.
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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 member of the bargaining unit shall
be removed from the record one year from date of the letter,
if such employee has a current performance rating of
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 only refer to the reprimand as a matter
of reference.
C. The City agrees to eliminate the use of employee jackets or
other personnel records (unless presented by the candidate)
for the Civil Service promotional oral boards.
II. Representation by Local:
Unit employees required to meet with any supervisor(s) in which
the purpose or part of the purpose is to discipline or to discuss
the likelihood of future disciplinary action shall have the right
to have a shop steward in attendance. Such meeting shall be
preceded by at least one-hour notification of the time and purpose
of the meeting to the member and an on-duty shop steward, provided
members may waive any advance notification if they so choose. A
shop steward would 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. Base wages during the term of this agreement will be determined in
accordance with the following provisions:
A. Effective the first pay period commencing in July 1983,
classifications represented by Local 2180 will be granted a
base salary increase of three percent (3%).
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lB. Effective the first pay period commencing in July 1984, base
wages will be increased by two (2) percentage points less
than the percentage base salary increase granted or
negotiated by the CVEA unit members (excluding any special
adjustments). On September 1, 1984, a salary survey will be
conducted of the Firefighter classification for all city fire
departments in the County. If the survey results indicate
that the City's base wage for Firefighters is not within 5%
of the mean base wage (excluding Chula Vista), then and in
that event the City and IAFF would reopen negotiations only
on the question of a new base salary rate and the effective
date of the increase, if any.
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C. Effective the first pay period commencing in Ju1y 1985, base
wages wi11 be increased by the percentage base sa1ary
increase granted or negotiated by the CVEA unit members
(exc1uding specia1 adjustments). On September 1, 1985, a
sa1ary survey wi11 be conducted of the Firefighter
c1assification for a11 city fire departments in the County.
If the base wage for the City's Firefighter c1assification is
not within 5% of the mean base wage (exc1uding Chu1a Vista),
then and in that event the City and IAFF wou1d reopen
negotiations on1y on the question of a new base sa1ary rate
and the effective date of the incre?se, if any.
D. Effective the first pay period commencing in Ju1y 1986, base
wages wi11 be increased by the percentage base sa1ary
increase granted or negotiated by the CVEA unit members
(exc1uding specia1 adjustments). On September 1, 1986, a
, sa 1 ary survey wi 11 be conducted of the Firefighter
c1assification for a11 city fire departments in the County.
If the City's base wage for Firefighter c1assification is not
within 5% of the mean base wage (exc1uding Chu1a Vista), then
and in that event the City and IAFF wou1d reopen negotiations
on1y on the question of a new base sa1ary rate and the
effective date of the increase, if any.
E. In conducting the September sa1ary surveys of the Firefighter
c1assification, as provided in Sections B through D above,
the City's base wage for Firefighter at the Estep wi11 be
compared to the base wage for comparab1e Firefighter
c1assifications (in a11 city fire departments in the County)
at the top step that is avai1ab1e to a11 Firefighters in a
fire department, and that is achieved by the majority of a
department's Firefighters duri ng their seventh year of
service. The base wage used in the compari sons wi 11 not
inc1ude any differentia1 payor city payments of emp10yee
PERS contributions.
II. The c1assification of Firefighter sha11 be subject to a seven (7)
step sa1ary range. Step "1" sha11 be 10% 1ess than "A" Step and
Step "2" shall be 5% less than "A" Step. The normal hire rate
sha11 be Step "1" provided, however, that an exceptiona11y
we11-qualified candidate may be hired within the estab1ished range
based upon the recommendation of the appointing authority and
Director of Per sonne 1 and approval by the City Manager.
Provisions sha11 be made that wi11 provide for advancement from
Step "I" and from Step "2" to Step "A" after six months
sat i sfactory service at Step "2" provi ded, however, increases for
outstanding performance may be provided by: (1) granting a
Firefighter's normal merit increase in advance of the regularly
schedu1ed date, or (2) granting a doub1e step increase at the time
the Firefighter's norma1 merit advancement is schedu1ed. A11
requests sha11 be initiated by the individua1's supervisor,
recommende'd by the Department Head and the Director of Personne1
and approved by the City Manager and the Civi1 Service
Commission. The effective date of, exceptiona1 merit increase
sha11 be the beginning of the pay period fo11owing approva1.
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III.
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All other payroll and wage changes, such as merit increases, sJall
be made effective at the beginning of the regular payroll perl'iod
closest to the employee's actual qualifying date.
Distribution of paychecks shall be done only on regular paydays
except in an emergency, when employees may receive their checkl on
a day other than a regular payday if a memo is directed from the
Department Head to the Finance Officer justifying the request.
I All classifications represented by IAFF may receive a maximum of
two weeks vacation pay in advance. Vacation pay in advance wil1
be made on a regular payday provided the employee notifies 'Ithe
Finance Department ten working days prior to the payday on which
payment is desired. . I
With regard to exceptional merit increases, the following
requirements must be met by Firefighter employees in additionl to
crlteria designated in the Civil Service Rules, Chapter 1.00,
Section 1.05(2).
IV.
V.
VI.
IA.
Except i ona 1 Meri t increases to Sa 1 ary Step "0" wi 11 be based
upon: I
1. Completion of two (2) years of at least satisfactory
performance.
2. Recommendation by the immediate supervisor.
3. Fulfillment of Training Officer requirements for the
operation of rescue apparatus.
4. Completion of Fire Science courses in Fire Hydraulics
and Fire Apparatus/Equipment with a grade of "C" or
better.
B. Exceptional Merit increases to Salary Step "E" will be based
upon: I
1. Completion of three (3) years of at least satisfactory
performance.
2. Recommendation by the immediate supervisor.
3. Fulfillment of Training Officer requirements for the
operation of all fire apparatus held by the department.
4. Completion of Fire Science courses in Fire Hydraulics
and Fire Apparatus/Equipment with a grade of "C" or
better.
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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
protective clothing; three pants, one coveralls, one brush jacket,
one boots.
II. If said protective clothing as defined in I above is damaged or
destroyed in the line of duty said clothing shall be replaced or
repaired at City expense. It is the intent of this section to
allow discretionary final authority to the Director of Public
!Safety and/or Fire Chief to determine whether protective clothing
Iso damaged shall be replaced or repaired.
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III. liThe City will furnish, repair, or replace as determined by the
Public Safety Director required uniforms for IAFF Fire Prevention
IBureau members effective July 1, 1984.
2.03 MILEAGE ALLOWANCE
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Employees in this unit shall be subject to the City's mileage reimbursement
program wheln required to use their private automobiles for authorized City
business: !
1!26t per mile -
24t per mil e -
22t per mil e -
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2.04 DUTY 'WEEK
first 200 miles each month
next 300 miles each month
over 500 miles each month
I. Fire SUP2ression - Members of represented classifications assigned
to this division shall work on a 56-hour work week, three platoon
basis. The duty schedule shall include eight (8) 24-hour shifts
in a twenty-four (24) day cycle.
II. Fire Prevention - Members of represented classifications assigned
to this division shall work 80 hours per. two-week pay period on a
36/44 basis. The schedule will normally be arranged to allow
members a three-day weekend every other week.
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 beyond the regularly scheduled work week or shift, they
shall be granted compensation for such overtime on a straight time
basis. Payment for overtime shall be made with the pay warrant
covering the pay period wherein the overtime was earned.
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II. 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 straight time basis to the
nearest half hour for all such time worked, but in no event shall
Ithey be paid for less than one (1) hour for such emergency
holdover work. "Time worked" shall include only such personal or
equipment clean-up as is necessary and required by the Director of
Public Safety and/or Fire Chief.
II 1. Non-Emergency Ho 1 dovers - Emp 1 oyees requ ired to rema i n on duty
more than fifteen mi nutes beyond the schedul ed termi nat i on of
itheir shift for other than emergency calls shall be paid at
straight time after fifteen minutes to the nearest half hour for
a 11 such time worked. "Time worked" sha 11 nei ther mean nor
include any clean-up time.
IV. Callbacks - Effective the first pay period commencing after
ratification of this agreement by the City Council and Local 2180,
lemployees 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 not be paid
a ~20 callback bonus un 1 ess they are called back for 1 ess than a
two-hour work period. If an employee works less than two hours on
a callback, that employee shall receive a ~20 callback bonus in
addition to actual overtime work to the nearest half hour.
Holdovers are not to be considered callbacks.
1.
[2.
Except for emergencies, the order of callback shall be as follows:
Callback shall be on a rotational basis by use of a chart
maintained in the Shift Commander's Office.
Telephone and/or not ifi cat i on of ca llback can be made
anytime, but if the top rotation individual cannot be
reached, callback must be made by the Shift Commander or his
designee between 0700 and 0800 on the day of need.
3.
The company Captain affected wi 11 designate someone on duty
to be held over until arrival of the persons called back.
All toll calls for callback shall be made collect.
4.
5.
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.
6. Any unit member giving advance notice to the Shift Commander
of his/her unavailability for callback duty for a specific
period of time shall not lose his position on the callback
chart.
7. Failure to respond to callback by reason of an industrial
disability injury shall not affect callback eligibility,
provided however the unit member shall not be eligible for
callback until he has a full release to return to regular
duty.
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2 .06 STANDBY
I. Definition - Standby duty is defined as that period of time
assigneaoy the Shift Commander in addition to the employee's
!norma1 work week assignment, during which said employee must
Iremain at all times where he/she can be contacted by telephone,
ready for immediate callback to perform an essential service.
II. IAhP-1ication - In addition to his/her regular salary, an employee
Is all be compensated with an additional $17.00 per each full shift
[asSigned to standby duties.
2.07 HEAL1H AND WELFARE
I. Hospital/Medical Care Benefits - The City will pay the premiums
for the designated Travelers Comprehensive Medical Expense Benefit.
Plan for each eligible employee and dependants, or contribute an
equal dollar amount to an approved Kaiser plan, with the employee
paying any excess.
II. Life Insurance - The City agrees to contribute the amount
necessary to provide each employee with $3,000 group term life
insurance.
(See Section 2.11 regarding payment for health and life insurance
during a leave of absence of more than one month.)
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2.08 RETIREMENT
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The City will provide the 2% at 50 retirement plan for public safety employees
as provided for under the Public Employees' Retirement System effective
October 1,11984. The City will also provide the Widow's Clause (Survivor's
benefit) effective October 1, 1984. Retirement benefits shall be based on the
average of !the three highest years as provided under the Public Employees'
Retirement System.
The City's !PERS contribution rate during each year of the entire four year
term of th,is Memorandum of Understanding shall not exceed 25.89%. It is
understood knd agreed that any increase in the City's contribution rate above
the 25.89% lor any increase in the employee's contribution shall be solely at
the employeF's expense..
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2.09 HOLIDAYS
I. Sq,.E!du1~ HqJJdays
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Members of the Fire Suppression Division will receive eighty-eight
(88) hours pay at straight time. Payment will be made the first
pay day following Oecember 1 annually. Pro-rated adjustments will
be made for employees of represented classifications entering or
leaving the Fire Suppression Division of the Oepartment.
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Unit employees assigned to divisions other than Fire Suppression
shall accrue four (4) floating holidays and seven (7) hard
holidays. Compensation will be administered as designated in the
Civil Service Rules, Chapter 2.00, Section 2:01 (D). (Hard
'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. IUnschedu1ed Holidays
IMembers of the Fire Department from Firefighter up through the
jrank of Fire Captain shall work unscheduled holidays (i.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.
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2.10 VACATION AND SICK LEAVE
I. IDefinition - for the purpose of this section the following
Idefinitions shall apply:
IA. "Continuous service" means City service uninterrupted by
separation.
B. "Intermittent servi ce" means City servi ce interrupted by'
separation.
C. "Time worked" includes actual time worked, holidays with pay,
and leave of absence without pay (not 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.
I I. 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:
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1. The vacation accrual rates until the first pay period
commencing in July 1984 shall be as follows:
Employees assigned to Fire Suppression will accrue 144
hours (6 shifts) during the first year of service. This
benefit will be accumulated at the rate of 5.52 working
hours for each full biweekly pay period of service
performed. Employees assigned to divisions other than
Fire Suppression will accrue 10 working days 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 144 hours (6 shifts) annually,
(cumulative to a total leave balance of 288 hours)
during the second through fourth year of service. This
benefit will be accumulated at the rate of 5.52 working
hours for each. full biweekly pay period of service
performed. Employees assigned to divisions other than
Fire Suppression are eligible to receive 10 working days
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 216 hours (9 shifts) annually,
(cumulative to a total leave balance of 432 hours)
during the fifth through fifteenth year of service. The
benefits will be accumulated at the rate of 8.28 working
hours for each full biweekly pay period of service
performed. Employees assigned to divisions other than
Fire Suppression are eligible 'to receive 15 working days
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 264 hours (11 shifts) annually,
(cumulative to a total leave balance of 528 hours)
during the sixteenth and succeeding years of service.
This benefit will be accumulated at the rate of 10.12
working hours for each full biweekly pay period of
service performed. Employees assigned to divisions
other than Fire Suppression are eligible to receive 20
working days annually accrued at the rate of 6.14
working hours for each full biweekly pay period of
service performed.
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2.
The vacat i on accrua 1 rates from the first
commencing in July 1984 to the first
commencing in July 1985 shall be as follows:
pay peri od
pay per i od
Employees assigned to Fire Suppression will accrue 133.3
hours during the first year of service. This benefit
will be accumulated at the rate of 5.11 working hours
for each full biweekly pay period of service performed.
Employees assigned to divisions other than Fire
Suppression will accrue 10 working days 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 133.3 hours annually, (cumulative
to a total leave balance of 266.7 hours) during the ~
second through fourth year of service. This benefit
will be accumulated at the rate of 5.11 working hours
for each full biweekly pay period of service performed.
Employees assigned to divisions other than Fire
Suppression are eligible to receive 10 working days
annua lly accrued at the rate of 3.07 work ing hours for
each full biweekly pay period of service performed.
Employees assigned to Fire Suppression will accrue and
be eligible to receive 200 hours annually, (cumulative
to a total leave balance of 400 hours) during the fifth
through fifteenth year of service. The benefits will be
accumulated at the rate of 7.67 working hours for each
full biweekly pay period of service performed.
Employees assigned to divisions other than Fire
Suppression are eligible to receive 15 working days
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 250.7 hours annually, (cumulative
to a total leave balance of 501.3 hours) during the
sixteenth and succeeding years of service. This benefit
will be accumulated at the rate of 9.61 working hours
for each full biweekly pay period of service performed.
Employees assigned to divisions other than Fire
Suppression are eligible to receive 20 working days
annually accrued at the rate of 6.14 working hours for
each full biweekly pay period of service performed.
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3.
pay period
pay peri od
The vacation accrual rates from the first
commencing in July 1985 to the first
commencing in'July 1986 shall be as follows:
Employees assigned to Fire Suppression will accrue 122.7
hours during the first year of service. This benefit
will be accumulated at the rate of 4.71 working I hours
for each full biweekly pay period of service performed.
Employees assigned to divisions other than I Fire
Suppression will accrue 10 working days during the first
year of service, accrued at the rate of 3.07 working
hours for each full biweekly pay period of service
performed. El igibil ity to apply for accrued vaCation
will be effective on the employee's sixlLmonth
anniversary date.
Employees assigned to Fire Suppression will accrue and
be eligible to receive 122.7 hours annually, (cumu~ative
to a total leave balance of 245.3 hours) during the
second through fourth year of service. This benefit
will be accumulated at the rate of 4.71 working I hours
for each full biweekly pay period of service performed.
Employees assigned to divisions other than I Fire
Suppression are eligible to receive 10 working days
annually accrued at the rate of 3.07 working hours for
each full biweekly pay period of service performed'l
Employees assigned to Fire Suppression will accrye and
be eligible to receive 184 hours annually, (cumu1lative
to a total leave balance of 368 hours) during thel fifth
through fifteenth year of service. The benefits wrll be
accumulated at the rate of 7.05 working hours for each
full biweekly pay period ,of service performed.
Employees assigned to divisions other than I Fire
Suppression are eligible to receive 15 working days
annually accrued at the rate of 4.60 working hours for
each full biweekly pay period of service performed'l
Employees assigned to Fire Suppression will accrue and
be eligible to receive 237.3 hours annually, (cumJlative
to a total leave balance of 474.6 hours) during the
sixteenth and succeeding years of service. This benefit
will be accumulated at the rate of 9.10 workingl hours
for each full biweekly pay period of service per~lormed.
Employees assigned to divisions other than Fire
Suppression are eligible to receive ,20 working days
annually accrued at the rate of 6.14 working hours for
each full biweekly pay period of service performed!
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4. The vacation accrual rates starting in the first pay
period commencing in July 1986 shall be as fOllows:1
Employees assigned to Fire Suppression will accrue 112
hours during the first year of service. This b'enefit
will be accumulated at the rate of 4.30 working I hours
for each full biweekly pay period of service performed.
Employees assigned to divisions other than I Fire
Suppression will accrue 10 working days during the first
year of service, accrued at the rate of 3.07 working
hours for each full biweekly pay period of s'ervice
performed. El igibil ity to apply for accrued vacation
will be effective on the employee's six-month
anniversary date. I
Emp 1 oyees ass i gned to Fire Suppress ion wi 11 accrue and
be eligible to receive 112 hours annually, (cumu'lative
to a total leave balance of 224 hours) during the ~econd
through fourth year of service. Th i s benefit wi 11 be
accumulated at the rate of 4.30 working hours for each
full biweekly pay period of servi~e performed.
Employees assigned to divisions other than I Fire
Suppression are eligible to receive 10 working days
annually accrued at the rate of 3.07 working hours for
each full biweekly pay period of service performed'l
Employees assigned to Fire Suppression will accrue and
be eligible to receive 168 hours annually, (cumu'lative
to a total leave balance of 336 hours) during thel fifth
through fifteenth year of service. The benefits w1i 11 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 I Fire
Suppression are eligible to receive 15 working days
annually accrued at the rate of 4.60 working hours for
each full biweekly pay period of service performed'l
Employees assigned to Fire Suppression will accrue and
be eligible to receive 224 hours annually, (cumu'lative
to a total leave balance of 448 hours) during the
sixteenth and succeeding years of service. This ~enefit
will be accumulated at the rate of 8.59 workingl hours
for each full biweekly pay period of service perf1ormed.
Employees assigned to divisions other than Fire
Suppression are eligible to receive 20 working days
annually accrued at the rate of 6.14 working hours for
each full biweekly pay period of service performed.
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I.
.
B.
5. Maximum Vacation Accrual - At no time may an employee
have more than two years of vacation leave accumu~ated.
No credits shall be accrued above this limit and any
time in excess of the two-year limitation will be lost.
Payment upon Separation - At the time an employie is
separated from the City service, whether voluntarilly or
involuntarily, he shall be granted all of the unused vacation
to which he is entitled based upon his active service in
prior years, and in addition, he shall be granted vatation
based upon the length of his 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. I
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. I
Payback - All members of represented classifications who have
completed at least four years of service shall ha~e the
option of selling one week (56 hours for employees assigned
to Fire Suppression) of said vacation back to the' City
annually. The accumulated vacation balance wi 11 be reduced
accordingly. Payment of vacation hours will be made the
first payday of any month provided that the Personnel
Department has received ten work i ng days advance notice of
the request prior to payday. I
Previously earned vacation balances will be adjusted if
personnel are reassigned to activities requiring a difrerent
duty week. A transfer from Suppression to Prevention
requires the reduction of the accumulated balance by 1.40
(existing balance divided by 1.40) and a transferi from
Prevention to Suppression requires an increase in the
accumulated balance by 1.40 (existing balance multiplied by
1.40). In addition, the accumulation rate will be made to
conform to the new duty week effective the day assigned.
C.
D.
E.
II 1. SI CK LEAVE
I
IA.
I
Sick leave is not a right which an employee can use at his
discretion, but a privilege which can be allowed only in case
of necessity and actual sickness or injury, or s'erious
illness of immediate family members, which compel an e~ployee
to be absent from work.
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IE.
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B.
t~embers of represented classifications assigned to the Fire
Suppression Division will accumulate sick leave at the rate
of 5.15 working hours for each biweekly pay period of
service. Previ ous ly earned sick 1 eave balances wi 11 not be
adjusted if personnel are reassigned to activities requiring
a different duty week (e.g., transfer from Suppression to
Prevention). However, accumulation rates will be made to
conform with the new duty'week effective the day assigned.
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).
10.
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 service credits under
PERS upon retirement or any rights provided under State law
relating to 4850 benefits.
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.
F.
I
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
I privilege to be absent from work with full pay up to three (3),
'days, plus reasonable travel time. Travel time will be actual
time used not to exceed five (5) calendar days. Paid absence for
family death shall be charged to sick leave.
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2.11 LEAVE OF ABSENCE
I
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 bn 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 a1nd the Director of Per sonne 1, des ire to secure 1 eave from their
regular dut~es 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
exceed one Iyear. Employees asking for leave of absence without pay shall
submit their request in writing stating the reasons why, in their opinion, the
request sho~ld be granted, the date when they desire the leave to begin, and
the probablr date of their return. For each leave without pay, the Director
of Per sonne 1 shall determine whether emp 1 oyees granted such 1 eave sha 11 be
entitled tol their former position on thelr 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 re~son, including a leave for disciplinary purposes, shall pay the
cost of hea~th and life insurance premiums for the entire period of the leave
of absence,1 provided, however, that this provision shall not apply if the
employee isl ill or disabled.
2.12 MILITARY LEAVE
Military l~ave shall be granted in accordance with the provlslons of
applicable State and Federal laws (California Military and Veteran's Code).
2.13 JURY!DUTY .
Jury servi1ce or examination leave may be allowed for all full-time
probationary or permanent status employees who are required by Court Order to
attend cou~t as a prospective juror or serve as a juror, upon immediate
presentation of written proof of the exact period of their required attendance
or servicej to the Director of Public Safety and/or Fire Chief and the
Director oflpersonnel.
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 depositea with the Director of Finance for credit to the proper fund.
I '
2.14 LIMITED DUTY TIME
I
Activities ~uring 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~maklng venture; (3)
shall not be so cumbersome or bulky as to infringe upon other members' lawful
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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.
,
,
This item dhall not abrogate the right of a Fire Captain, Battalion Chief, or
Director of Public Safety and/or Fire Chief to curtail any activity which in
his 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 ~raining, night or evening inspections, or other related work.
I
2.15 LIMDTED DUTY DAYS
I
Such days shall be New Year's Day, Easter Sunday, Thanksgiving, Christmas and
Sundays. I
Work requiryed on limited duty days shall consist of daily, routine schedule,
and emergency duty.
I
2.16 SHIFT EXCHANGE
,
Subject to I a Sh ift Commander 1 s approval, emp 1 oyees shall have the ri ght to
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. .
I
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 more than one
full regularly scheduled, continuous work shift (24-hour period)
shall receive compensation at a rate equal to that which the
employee would receive if he/she were promoted to the rank to
which they have been named "Acting". Payment will begin on the
second regularly scheduled consecutive work shift and no payment
will be received retroactively for the first shift in each
consecutive set worked as an out of class assignment.
II. The assignment of Acting Fire Engineer, Acting Fire Captain or
Acting Battalion Chief shall be made in writing and shall indicate
, the date and time the assignment begins.
I
2.18 DEPARTMENTAL SAFETY AND HEALTH COMMITTEE
The Safety land Health Committee shall be comprised of three representatives of
the Local and at least one member of Management. Meetings may be called by
either party subject to ten (10) calendar days notice. All meetings shall be
subject tol an agenda of items pertaining to safety and health matters, with
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special em~hasis in the area of employee or public safety. The nat~re') of
these meetings will be to discuss areas of concern, to improve communications,
and to provide a basis for interchange of ideas. Recommendations shall be in
writing and copies shall be submitted to the Director of Public Safety and/or
Fire Ch i ef land the Loca 1. .
I
The Director of Public Safety and/or Fire Chief shall approve, modify, or
disapprove I the recommendations within. thirty (30) days. The approval,
modification, or disapproval, shall be in writing to the Committee. If the
recommendations are disapproved, the Safety Committee shall submit its
recommendations to the City Manager and copies to the Director of Public
Safety andYor Fire Chief and the Departmental Safety and Health Committee.
The decision of the City Manager shall be final.
I
2.19 DEPARTMENTAL RULES AND REGULATIONS COMMITTEE
The Depart~ental Rules and Regulations Committee shall be comprised of three
(3) repres:entat ives of the Loca 1 and at 1 east one member of Management.
Meetings may be called by either party subject to ten (10) calendar days
notice. All meetings shall be subject to an agenda of items pertaining to the
review, revision and updating of departmental rules and regulations. It is
understoodlthat these meetings will provide a means whereby the Local will be
consulted regarding said rules and regulations. The nature of these meetings
will be to lexplore areas of concern, to improve communications, and to provide
a basis fO~1 the interchange of ideas. Any revision or updating agreed upon by
a majority of th i s group wi 11 be forwarded to the Director of Pub 1 ic Safety
and/or Fire Chief and will receive a written response in that regard. It is
understoodlthat it is not the function or intent of this committee to infringe
on management rights, but in a consultive way to perform meaningful advisory
service tol management. Review, revision, and updating shall be completed
semi-annually.
I
2.20 VACANCIES - PROMOTIONS
1. When a permanent vacancy occurs in any position, it shall be
filled in accordance with the Civil Service Rules, Chapter 1.00,
Section 1.05 (A).
II. The City of Chula Vista will maintain promotional eligible lists
so that not more than sixty (60) days elapse between exp irati on
and establishment of new lists.
2.21 LAYOFF
1. 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.
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Order of Layoff: Unit employees shall be laid off in the order
Ispecified below. Within categories 1, 2, 3, 4, 7 and 8, employees
Ishall 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
iback to the classification from which they were promoted.
(1) Employees filling unbudgeted positions.
(2) Vacation relief or other work relief positions.
1(3) Temporary employees.
1(4) Interim employees.
(5) Probationary employees (original permanent appointment).
(6) Employees on probation following promotion.
(7) Permanent employees whose 1 ast 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 (A).
(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:
II.
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 lower 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 laid off
sha 11 have their names entered onto a re instatement/reemp 1 oyment
list, with those demoted or laid off last being placed at the top
of the list. Any reemployment 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 person's name shall be removed from the list.
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Persons on reinstatement and/or reemp10yement 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
'I '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 rehire off of a reemployment list,
have the following benefits restored;
(1) Sick leave accruals (less any such sick leave reimbursed at
the time of layoff.)
Following Layoff:
an individual will
(2) Seniority at time of layoff for purposes of determination of
continuous City service, eligibility for merit increases and
vacation accrual rates.
(3)
The pay rate that will be awarded to a person who
reemployed shall be within the pay range for
classification effective at the time of reemployment.
step within the range will be the same step the employee
receiving at the time of layoff.
is
the
The
was
I
2.22 RESPPNSIBILITY FOR EQUIPMENT
The City w~ll hold employees harmless for equipment damaged or lost, except
for acts.oi negligence, vandalism, or intoxication.
2.23 DEFERRED COMPENSATION
All repres~nted members shall be eligible to participate in the City's
approved Deferred Compensation Plan administered by Great Western.
I
3.01 PROHIBITED PRACTICES
,
I. IAFF pledges it shall not cause, condone or counsel its unit
members or any of them to strike, fai 1 to fully and faithfully
perform duties, slow down, disrupt, impede or otherwise impair the
normal functions and procedures of the City.
II. Should any unit employees during the term of this Memorandum of
Understanding breach the obligations of Paragraph I, the City
Manager or his designee shall immediately notify IAFF that an
alleged prohibited action is in progress.
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III. IAFF shall forthwith, and in any event, within eight working hours
disavow said strike or other alleged prohibited action, shall
advise such members 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 IAFF disavows the prohibited activity and takes all positive
actions hereunder in good faith, the City shall not hold IAFF
financially or otherwise responsible. The City may impose
. penalties or sanctions as the City may appropriately assess
against the participants.
V. i Should IAFF during the terms of this Memorandum of Understanding
i breach its obligations or any of them under this section, 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 during the term of this
Memorandum of Understanding.
3.02 MINIMUM STAFFING LEVELS
Employees I represented by the Association agree that, effective with
ratifaction of the MOU by unit members of Local 2180 and the City Council,
minimum staffing levels shall be 16.
. I
3.03 STAjION MAINTENANCE AND REPAIR
Employees ~epresented by the Association agree to perform normal fire station
ma intenance and repa ir. "Norma 1 f ire stat ion maintenance and repa ir" sha 11
not include major construction or renovation projects that are determined by
the Director of Pub 1 i c Safety to be beyond the capabil ity of the represented
employees Qr are projects that would seriously interfere with the ability of
represented employees to respond to emergencies. The City agrees to provide
materials land equipment necessary to perform the normal fire station
maintenanc~ and repairs as provided herein. The fire station maintenance and
repair duties will be performed between 0800 and 1700.
. I
3.04 VOLUNTARY PARTICIPATION IN NON-TRADITIONAL FUNCTIONS
Employees Jepresented by the Association 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.1 The intent of this section is to encourage voluntary
part icipation of represented employees in vari ous tasks and projects
throughout Ithe City that would not unduly interfere with their performance as
fire fight~rs but would, at the same time, offer an opportunity to utilize
existing skills or learn new skills that mayor may not be fire-service
related.
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3.05 PUBLIC SAFETY OFFICER PROGRAM
I
The City, employees represented by IAFF and Local 2180 mutually agree to:
1. IFUllY cooperate in a study to determine the feasibility
viability of introducing a Public Safety Officer program in
City.
and
the
2. Fully cooperate during the implementation phase of such a program,
provided; however, it is further understood and agreed:
I
I c.
a. Prior to implementing said Public Safety Officer program, the
City and Association will meet and confer on:
(1) representation for the new Public Safety Officer
employees;
(2) the impact of a PSO program on the hours and working
conditions of employees represented by the Association;
and
b.
(3) if it is determined that the Association shall be the
representative of the new PSO classification, then the
City and Association shall meet and confer on the
subjects of wages, hours, and other terms and conditions
of employment of the new PSO employees.
That IAFF, Local 2180 and/or classifications represented by
IAFF may, at the time when open public discussion and/or
hearings are held by the City Council to formally consider
the study contemplated herein, voice their (its) opinions
(negative or positive) on the proposed Public Safety Officer
program, provided, however, if the City Council determines to
begin implementation, IAFF and classifications represented by
IAFF will fully cooperate with said implementation.
That the new Public Safety Officers would be new hires.
That qualified current employees may voluntarily agree to
become Public Safety Officers.
d.
e.
That the City would aggressJvely apply its existing
Affirmative Action program ln hiring, promoting or
transferring employees into the Public Safety Officer program.
That the right to implement or not implement a Public Safety
Officer program is solely a determination to be made by the
City subject to the terms and conditions provided herein.
f.
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g.
If a PSO program is implemented, potential changes in mlnlmum
staffing levels from those provided under Section 3.02 may
occur. In that event, it is understood and agreed that said
potential revisions would be the subject of meet and confer,
notwithstanding the minimum staffing level provisions of
Section 3.02.
h.
If a decision is not made by the City Council on or before
July 1, 1987, to proceed with implementation of a PSO
program, the employees in classifications represented by IAFF
have no further obligation to abide by the terms and
conditions of this section, subject to the following:
If a decision made by the City Council on or before July 1,
1987, to proceed with implementation of a PSO program in the
City would not allow for at least one year of field
assignment of one or more Public Safety Officers prior to
July 1, 1987, IAFF and the employees in classifications
'represented by IAFF would agree by a side letter agreement to
fully cooperate in the implementation of the program for one
full year after fielding one or more Public Safety Officers,
notwithstanding the other terms and conditions herein.
3.06 HEAL[H FITNESS PROGRAM
During the 1983-84 fiscal year, classifications represented by the Association
agree to assist in devising a health fitness program that will be effective
July 1, 1984. Said program will be developed by the Public Safety Director
and otherl'representatives of management, with at least two members of the
.Loca1 2180, selected by the Association, to serve on said committee. The
program is lsubject to the following limitations:
1. All costs associated with the program shall be at the City's sole
expense.
2. The final decision to implement or not remains with the City.
4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING
I
1. This Memorandum of Understanding shall remain in full force and
effect commencing with the beginning of the first regular pay
period in July 1983, up to the beginning of the first regular pay
I period in July 1987, 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 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 1987 until the first pay period in July 1988 unless one of
the parties notifies the other in writing no later than t~arch 1,
1987, of its desires to modify or terminate the agreement.
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11. Th i s MOU fully and comp 1 ete ly incorporates the under standi ngs of
the parties hereto for the full term of this agreement. It is
further understood, however, that noth i ng herein proh ibits 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.
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 by reason of governmental or court action, then, in such
event, the City will 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 layoff employees.
4.02 SAVI!NGS CLAUSE
If an arti~le. or section of this r~emorandum 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.
~~
Chief Negotiator
City of Chula Vista
[}~4,
Donald J. -seno 1
Chief Negotiat
International ssociation of
Firefighters
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WPC 0337A
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