HomeMy WebLinkAboutReso 1980-10181
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RESOLUTION NO. 10181
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 YEAR 1980-81
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 hereto-
fore met and conferred with Local 2180, International Association
of Firefighters AFL-CIO, 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 pre-
pared 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 refer-
ence 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
year 1980-81.
Presented by
Approved as to form by
~~
George D. Lindberg, City
At torney
/7 ~~
~.~~'. .~~
Lane F. Cole, Clty Manager
. '
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this
10th
day of
July
19t 0
, by the following vote, to-wit:
AYES: Councilmen Cox, McCandliss, Scott, Gillow, Hyde
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
ATTEST
&.J&.Q ~(~
Mayor of the City of Chula Vista
D~d~~J~
Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
)
)
55.
I~ JANE A. DIEDRICHS~ DEPUTY 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. 10181
and
that the same has not been amended or repealed.
DATED
--
Deputy City Clerk
/ Of F /
:C-660 (a)
(SEAL)
EXHIBIT B,.
LOCAL 2180, I.A.F.F.
1980- 1981
MONTHLY SALARY EFFECTIVE
CLASS I FI CAT! ON CURRENT MONTHLY 7/11 /80
Fire Captain $1624 - $1976 $1791 - $2178
Fire Engineer $1438 - $1748 $1586 - $1927
Fi re Fi ghter $1183 - $1586 $1304 - $1748
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~
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND
LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO,
FISCAL YEAR 1980-81
1. 01
1. 02
1. 03
1. 04
1. 05
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
3.01
3.02
It. -101Ft
PREAMBLE
RECOGNITION
CITY RIGHTS
LOCAL 2180 RIGHTS
EMPLOYEE RIGHTS
WAGES
UNIFORM MAINTENANCE ALLOWANCE
MILEAGE REIMBURSEMENT
TUITION REIMBURSEMENT
DUTY WEEK
OVERTIME
STANDBY
HEALTH AND WELFARE
RETIREMENT
HOLIffiYS
VACATION AND SICK LEAVE
LEAVE OF ABSENCE
MILITARY LEAVE
JURY DUTY
LIMITED DUTY TIME
LIMITED DUTY DAYS
SHIFT EXCHANGE
OUT OF CLASSIFICATION ASSIGNMENT
CLEAN-UP TIME
DEPARTMENTAL SAFETY AND HEALTH COMMITTEE
DEPARTMENTAL RULES & REGULATIONS COMMITTEE
VACANCIES - PROMOTIONS
LAYOFF
RESPONSIBILITY FOR EQUIPMENT
PHYSICAL STANffiRDS
TERMS AND EFFECT OF MEMORANDUM OF UNDERSTANDING
SAVINGS CLAUSE
1.01 PREAMBLE
This Memorandum of Understanding is entered into by the City of
Chula Vista, hereinafter referred to as "City", and International
Association of Firefighters, hereinafter referred to as "Local
2180".
1.02 RECOGNITION
The City recognizes Local 2180 as representative for employees in
the City of Chula Vista who are employed in the classifications of
Firefighter, Fire Engineer and Fire Captain.
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 trans-
actions, including, but not limited to, determining the
procedures and standards for the hiring, promotion, trans-
fer, assignment, layoff, 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 accom-
plish the objectives and goals of the City.
Effect a reduction in authorized positions.
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 com-
pliance with the City Charter and City ordinances.
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1.04 LOCAL 2180 RIGHTS
I. Authorized representatives of Local 2180 may be allowed
reasonable access to unit employees during working 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 Depart-
ment Head or his designated representative when contact-
ing unit employees during 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 members, provided space can be
made available without interfering 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.
IV. A reasonable amount of space shall continue 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 $.05 per member per pay period
for the actual costs incurred for dues deduction on
behalf of I.A.F.F.
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 Safety Committee meetings; the Prelim-
inary City Budget and the Final City Budget.
1.05 EMPLOYEE RIGHTS
I. Employee Personnel Records:
A. Unit employees shall be entitled to see the contents
of his/her 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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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, pro-
vided the member may waive any advance notification if
he/she so chooses. 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. Effective the first pay period commencing in July 1980,
(July 11, 1980) classifications represented by Local 2180
will be granted a salary increase of ten percent (10%).
II. The classification of Firefighter shall be subject to a
seven (7) step salary range. Step "1" shall be 10% less
than "A" Step and Step "2" shall be 5% less than "A"
Step. The normal hire rate shall be Step "1" provided,
however, that an exceptionally well-qualified candidate
may be hired within the established range based upon the
recommendation of the appointing authority and Director
of Personnel and approval by the City Manager.
Provisions shall be made that will provide for advance-
ment from Step "1" and from Step "2" to Step "A" after
six months satisfactory service at Step "2" provided
however, increases for outstanding performance may be
provided by: (1) granting a Firefighter's normal merit
/Ol?/
increase in advance of the regularly scheduled date, or
(2) granting a double step increase at the time the Fire-
fighter's normal merit advancement is scheduled. All
requests shall be initiated by the individual's super-
visor, recommended by the Department Head and the
Director of Personnel and approved by the City Manager
and the Civil Service Commission. The effective date of
exceptional merit increases shall be the beginning of the
pay period following approval.
III. All other payroll and wage changes, such as merit
increases, shall be made effective at the beginning of
the regular payroll period closest to the employee's
actual qualifying date.
IV. Distribution of paychecks shall be done only on regular
paydays with the following exceptions: (a) employees
whose names appear on the "early list" maintained by the
Finance Department may receive their checks on Thursday
due to the uniqueness of their normal work schedule; and
(b) in an emergency, 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. 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.
VI. With regard to exceptional merit increases, the following
requirements must be met by Firefighter employees in addi-
tion to criteria designated in the Civil Service Rules,
Chapter 1.00, Section 1.05 (2).
A. Exceptional Merit increases to Salary Step "0" will
be based upon:
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 apparatus #5283 and #5287 (or equivalent).
4. Completion of Fire Science courses in Fire Hydraulics
and Fire Apparatus/Equipnent with a grade of "C" or
better.
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B. Exceptional Merit increases to Salary Step "E" will
be based upon:
1. Completion of three (3) years of at least satis-
factory 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.
2.02 UNIFORM MAINTENANCE ALLOWANCE
I. An annual payment of seventy dollars ($70) will be pro-
vided to members in this unit for the purchase and main-
tenance of regulation fire uniforms. The Battalion
Chief/Shift Commander shall have the final authority to
determine when Class B uniforms shall be replaced. "Uni-
forms" shall mean caps, shirts, trousers, boots and jacket.
II. In addition, 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.
III. Uniforms initially provided under Item II above shall be
the responsibility of the unit member to replace and main-
tain at no cost to the City, provided however if said
protective clothing as defined in II above is damaged or
destroyed in the line of duty said clothing shall be re-
placed 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 so damaged shall be
replaced or repaired. If replacement is the only
alternative, the Director of Public Safety and/or Fire
Chief shall determine the depreciated value of the
replaced protective clothing and authorize reimbursement
for the remaining value of the clothing replaced.
Replacement or repair of eligible clothing under this sec-
tion shall not occur, nor will any claim for reimburse-
ment be honored unless a final decision by the Director
of Public Safety and/or Fire Chief has been made as to
the disposition prior to the date shown on any receipt to
support a member's claim for reimbursement.
/0 r 2'/
2.03 MILEAGE ALLOWANCE
Employees in this unit shall be subject to the City's mileage
reimbursement program when required to use their private auto-
mobiles for authorized City business:
26<: per mile - first 200 miles
24<: per mile - next 300 miles
22<: per mile - over 500 miles.
2.04 TUITION REIMBURSEMENT
Employees will be reimbursed for up to $100 per individual per
fiscal year for the cost of tuition and books for courses directly
related to the employee's career development. Employees must ob-
tain approval of the Director of Public Safety and/or Fire Chief
and the Director of Personnel prior to enrollment in the desired
course.
2.05 DUTY WEEK
I. Fire Suppression - Members of represented classifications
assigned to this division shall work on a 56-hour work
week, three platoon basis. The duty schedule shall in-
clude 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.
2.06 OVERTIME
I. Whenever an employee is ordered, because of an emergency
or in the interest of the efficiency of his/her depart-
ment to render overtime service beyond the regularly
scheduled work week or shift, he/she shall be granted
compensation for such overtime at a straight time basis.
Payment for overtime shall be made with the pay warrant
covering the pay period wherein the overtime was earned.
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 at at a straight
time basis to the nearest half hour for all such time
worked, but in no event shall they 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.
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III. 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 at straight time after fifteen minutes to
the nearest half hour for all such time worked. "Time
worked" shall neither mean nor include any clean-up time.
IV. Callbacks - Employees who are called back to work before
the scheduled start of their next regular shift, after
having left their work site at the conclusion of their
prior scheduled shift, shall be paid a twenty dollar
($20) bonus in addition to actual overtime worked to the
nearest half hour. (Exception: Scheduled officer's
meetings will continue to be paid premium pay with a two
(2) hour minimum.)
Holdovers are not to be considered callbacks.
Except for emergencles, the order of callback shall be as
follows:
1. Callback shall be on a rotational basis by use of a
chart maintained in the Shift Commander's Office.
2. Telephone callback will be made by the Shift Com-
mander or his designee between 0700 and 0800 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 toll calls for callback shall be made collect.
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 indus-
trial disability injury shall not affect callback eligi-
bility, 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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2.07 STANDBY
I. Definition- Standby duty is defined as that period of
time assigned by the Shift Commander 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, ready for immediate callback to
perform an essential service.
II. Application - In addition to his/her regular salary, an
employee shall be compensated with an additional $17.00
per each full shift assigned to standby duties.
2.08 HEALTH 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 dependents, 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.
2.09 RETIREMENT
The City shall continue to provide the 1/2 at 55 retirement for
public safety employees as provided for under the Public
Employees' Retirement System.
2.10 HOLIDAYS
I. Scheduled Holidays
Members of the Fire Suppression Division will receive
forty eight (48) hours pay at one and one-half (1 1/2)
times the regular rate for six (6) hard holidays (Inde-
pendence Day, Labor Day, Thanksgiving Day, Christmas Day,
New Year's Day and Memorial Day). Payment will be made
the first pay day 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.
Unit employees assigned to divisions other than Fire
Suppression shall accrue six (6) floating holidays and
five (5) hard holidays. Compensation will be
administered as designated in the Civil Service Rules,
Chapter 2.00, Section 2.01 (D).
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II. Unscheduled Holidays
Members of the Fire Department from Firefighter up
through the rank 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 re-
ceive extra compensation for the unscheduled holiday.
2.11 VACATION AND SICK LEAVE
I. Definition - For the purpose of this section the follow-
ing definitions shall apply:
A. "Continuous service" means City service uninterrupted
by separation.
B. "Intermittent service" means Ci ty service 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.
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:
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 one-year
anniversary date.
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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.
1. Maximum
employee have
accumulated.
limit and any
will be lost.
Vacation Accrual - At no time may an
more than two years of vacation leave
No credits shall be accrued above this
time in excess of the two-year limitation
Each employee paid at a biweekly rate who has had
continuous part-time active service of 1040 hours or more
throughout the year previous to that in which vacation is
requested shall be entitled in each year to an annual vac-
ation with pay. The number of working days of such
annual vacation shall be computed on the basis set forth
in Section (A) and shall be in the proportion that such
part-time employment bears to full time employment.
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Each employee paid at a biweekly rate who has
completed twelve months continuous part-time active
service of 1040 hours or more, but who has not had
continuous part-time active service throughout the year
previous to that in which vacation is requested, shall be
entitled to a vacation with pay. The number of working
days of such vacation shall be computed on the basis set
forth in Section (A) and shall be in the proportion that
such part-time employment bears to full-time employment.
B. Payment upon Separation - At the time an employee who
has served continuously for at least twelve months is
separated from the City service, whether voluntarily or
involuntarily, he shall be granted all of the unused vaca-
tion to which he is entitled based upon his active ser-
vice in prior years, and in addition, he shall be granted
vacation 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.
C. Intermittent Service - After twelve months subsequent
to the date of first employment by the City, each
employee who has served intermittently shall be entitled
in each year to vacation computed in the manner set forth
in Section (A), provided that such employee shall have
worked at least 180 days in the preceding year before he
shall become eligible for such vacation. To receive vac-
ation for intermittent service, the employee must work
for the City during the year in which vacation is due,
and while so working must submit the proper request for
vacation to the deparment or departments in which it was
earned. Accumulative vacation privileges shall not be
allowed for intermittent service.
D. 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.
E. Payback - All members of represented classifications
earning three (3) weeks (9 shifts) or more vacation shall
have the option of selling one week (56 hours) of said
vacation back to the City. The accumulated vacation
balance will be reduced accordingly. Payment of vacation
hours will be made the first payday of each month
provided that the Personnel Department has received ten
working days advance notice of the request prior to
payday.
IO/R/
IOll/
III.
F. Previously earned vacation balances will be adjusted
if personnel are reassigned to activities requiring a
different 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
transfer 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.
SICK LEAVE
A. 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 serious illness of immediate family members, which
compel an employee to be absent from work.
B. Members 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. Previously earned sick leave balances
will 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).
D. 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 ter-
mination 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.
E. 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. Sick Leave Verification - The City may, in its dis-
cretion, 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 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.
2.12 LEAVE OF ABSENCE
An employee who is mentally or physically incapacitated to perform
his/her duties or who desires to engage in a course of study such
as will increase his/her usefulness on his/her 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, desires to secure leave from
his/her 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 exceed one year.
An employee asking for leave of absence without pay shall submit
his/her request in writing stating the reasons why, in his/her
opinion, the request should be granted, the date when he/she
desires the leave to begin, and the probable date of his/her
return. For each leave without pay, the Director of Personnel
shall determine whether the employee granted such leave shall be
entitled to his/her former position on his/her return from such
leave or whether his/her 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, a copy of such request and the
reasons for denial shall be sent to the Civil Service Commission.
2.13 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions
of applicable State and Federal laws (California Military and
Veteran's Code).
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2.14 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 his/her required attendance or service, to the Director
of Public Safety and/or Fire Chief and the Director of Personnel.
The employee shall receive full pay during the period of such
leave provided the money, except mileage or subsistence allowance,
which he/she receives as a juror is deposited with the Director of
Finance for credit to the proper fund.
2.15 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 cumber-
some or bulky as to infringe upon other members' lawful activi-
ties; 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 wash-
ing personal vehicles shall be permitted routinely. Except for
emergency repairs, there will be no repair or maintenance on any
personal motive equipment.
This item shall 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
training, night or evening inspections, or other related work.
2.16 LIMITED DUTY DAYS
Such days shall be New Year's Day, Easter Sunday, Thanksgiving,
Christmas and Sundays.
Work required on limited duty days shall consist of daily, routine
schedule, and emergency duty.
2.17 SHIFT EXCHANGE
Subject to a Shift Commander's approval, employees shall have the
right to exchange shifts or parts of shifts when the change does
not interfere with the operation of the Fire Department. In addi-
tion to exchange rank for rank, personnel of a lower classifica-
tion but of qualified rank may be permitted to exchange shifts.
)~ffl
2.18 OUT OF CLASSIFICATION ASSIGNMENT
I. Employees assigned duty as an Acting Fire Engineer or
Acting Fire Captain 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 he/she has 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 or Acting Fire
Captain shall be made in writing and shall indicate the
date and time the assignment begins.
2.19 CLEAN-UP TIME
Except in cases of fire or other emergencies, employees covered by
this agreement shall be granted thirty (30) minutes personal
clean-up time immediately prior to the end of each working shift.
2.20 DEPARTMENTAL SAFETY AND HEALTH COMMITTEE
The Safety and Health Committee shall be comprised of three repre-
sentatives of the Local and at least one member of Management,
which shall meet no less than once a month on a scheduled basis.
Additional 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 safety and health matters, with
special emphasis in the area of employee or public safety. The
nature 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 Chief and
the Local.
The Director of Public Safety and/or Fire Chief shall approve,
modify, or disapprove 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 and/or Fire Chief and the
Departmental Safety and Health Committee. The decision of the
City Manager shall be final.
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2.21 DEPARTMENTAL RULES AND REGULATIONS COMMITTEE
The Departmental Rules and Regulations Committee shall be com-
prised of three (3) representatives of the Local and at least one
member of Management, which shall meet no less than once a month
on a scheduled basis. Additional 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 understood that 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 explore areas of concern, to
improve communications, and to provide a basis for the interchange
of ideas. Any revision or updating agreed upon by a majority of
this group will be forwarded to the Director of Public Safety
and/or Fire Chief and will receive a written response in that
regard. It is understood that 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 to
management. Review, revision, and updating shall be completed
semiannually.
2.22 VACANCIES - PROMOTIONS
I. 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 eli-
gible lists so that not more than sixty (60) days elapse
between expiration and establishment of new lists.
2.23 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, re-
organize City operations or reduce/eliminate City ser-
vices.
II. Order of Layoff: Unit employees shall be laid off in
the order specified below. Within categories 1, 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 (original permanent
appointment).
(6) 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 (A).
(8) Permanent employees.
III. Seniority Defined: Seniority means continuous service
with the City. Where equal, seniority shall be deter-
mined based on and in the following order:
Continuous service in Department, in classifica-
tion, 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 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
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 con-
tacted at the address in the Personnel Department
records, that person's name shall be removed from the
list.
}~}~J
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.
(3) 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 reemploy-
ment. The step within the range will be the same
step the employee was receiving at the time of
layoff.
2.24 RESPONSIBILITY FOR EQUIPMENT
The City will hold employees harmless for equipment damaged or
lost, except for acts of negligence, vandalism, or intoxication.
2.25 PHYSICAL STANDARDS
On or before April 30, 1981, the Departmental Safety & Health
Committee (as described in Section 2.20 of this Memorandum of
Understanding) will develop recommended minimum physical standards
for fire personnel. The Committee's final recommendations will be
discussed during the 1980-81 meet and confer sessions.
/~/5/
3.01 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 1980, up to the
beginning of the first regular pay period in July 1981,
and thereafter shall continue in effect year-by-year
unless one of the parties notifies the other in writing
no later than March 1, 1981 of its request(s) to modify
or terminate it.
II. This MOU fully and completely incorporates the
understandings of the parties hereto for the full term
of this agreement. It is further understoood, however,
that nothing herein 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.
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 lay
off employees.
3.02 SAVINGS CLAUSE
If an 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.
il_~~~ " '~A-/' l ; _.--'~..,._.,.. .__<r; k
Lane F. Cole, City Manager
City of Chula Vista
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Donald Byrum, Lo 1 2180
International Assn. of Firefighters
/01 21