HomeMy WebLinkAboutReso 1979-9674RESOLUTION N0. 9674
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 1979-80 AND
APPROPRIATING FUNDS THEREFOR
The City Council of the City of Chula Vista does hereby
res lve as follows:
WHEREAS, the Management Negotiation Team representing
the City Manager of the City of Chula Vista, acting for and on
beh if of the City Council of the City of Chula Vista, have
her tofore met and conferr,@ d with Local 2180, International
Ass ciation of Firefighterl~ AFL-CIO, an organization representing
mem ers of the Chula Vista Fire Department from Firefighter up
thr ugh the rank of Fire Captain, in accordance with the provisions
of ection 3500 et seq. of the Government Code of the State of
Cal fornia, and
WHEREAS, the Memorandum of Understanding jointly pre-
par d by said parties as a result of meeting and conferring in
goo faith has been presented to the City Council and is contained
in xhibit "A", attached hereto and incorporated herein by refer-
enc as if set forth in full, and
WHEREAS, the additional annual cost of the compensation
pac age, estimated to be $112,910, will require a special appro-
pri tion to supplement the existing fiscal 1979-80 budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve and accept said Memo-
ran um of Understanding as contained in Exhibit "A" for fiscal
yea 1979-80.
BE IT FURTHER RESOLVED that the sum of $112,910 be, and
the same is hereby appropriated from the unappropriated balance of
the General Fund.
Pre ented by Approved as to form by
/J/ ~~' /n ,i ~'
Lan F. Co e, City anager George D. indberg, City Attorn
j ,
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this loth day of- July
197 , by the following vote, to-wit:
AYES: COUnCllmen- Mavor Hvde, Councilmen Gillow, Scott, Cox, Egdahl
NAYES Councilmen None
ABSTA N: Councilmen None
ABSEN Councilmen None
AT
i
City Clerk
~~ ~
~~
Mayor of the City of Chula Vista
STATE F CALIFORNIA )
COUNT OF SAN DIEGO ) s s .
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HER BY CERTIFY that the above and foregoing is a full, true and correct copy of
RES LUTION N0. 9674 ~ and that the same has not been amended or repealed.
DATED
(seal)
q~~y
City Clerk
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EMORANDUM OF UNDERSTANDING CONCERNING bJAGES AND OTHER TERMS AND CONDITIONS OF
MPLOYPIENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIA-
ION OF FIREFIGHTERS AFL-CIO, FOR THE FISCAL YEAR 1979-80
1.01 PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.04 LOCAL 2180 RIGHTS
1.05 EMPLOYEE RIGHTS
2.01 .WAGES
2.02 UNIFORM MAINTENANCE ALLOWANCE
2.03 MILEAGE REIMBURSEMENT
2.04 TUITION REIMBURSEMENT
2.05 DUTY WEEK
2.06 OVERTIME
2.07 STANDBY
2.08 HEALTH AND WELFARE
2.09 RETIREMENT
2.10 HOLIDAYS
2.11 VACATION AND SICK LEAVE
2.12 LEAVE OF ABSENCE
2.13 h1ILITARY LEAVE
2.14 JURY DUTY
2.15 LIMITED DUTY TIP1E
2.16 LIMITED DUTY DAYS
2.17 SHIFT EXCHANGE
2.18 OUT OF CLASSIFICATION P.SSIGNMENT
2.19 CLEAN-UP TIME
2.20 DEPARTMENTAL SAFETY AND HEALTH COMMITTEE
2.21 DEPARTMENTAL RULES AND REGULATIONS COMMITTEE
2.22. VACANCIES-PROMOTIONS
2.23 LAYOFF
2.24 RESPONSIBILITY FOR EQUIPPrENT
3.01 TERMS AND EFFECT OF P1EMORANDUM OF UNDERSTANDING
3.02 SAVINGS CLAUS E -
~~~y
1.01 (PREAMBLE
1.02
1.03
This Memorandum of Understanding is entered into by the City of Chula Vista,
hereinafter referred to as "City", and Local 2180, International Association
of Firefighters, hereinafter referred to as "Local 2180".
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.
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 a]1 types of 'personnel transactions,
including, but not limited to, determining the procedures and
standards for the hiring, promotion, transfer, assignment, lay
off, retention, and classification of positions in accordance
with the City Charter, Civil Service Rules, and established
personnel practices.
Discipline or discharge employees.
Determine the methods, means, numbers, and kinds of personnel,
and the job or position content required to accomplish the ob-
jectives 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 prac-
tices consistent with Federal and State laws and in compliance
with the City Charter and City ordinances.
9b~~(
2.
1.04
Iq
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 regard-
ing 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 designated representative when contacting unit
employees during the duty period of the employees. The Department Head
or his designee shall determine the appropriate time for such access.
:I. Local 2180 officers and members of its Board shall be granted use of City
facilities for meetings composed of such officers or Board members, pro-
vided space can be made available without interfering with the City needs,
and such meetings are conducted at no cost to the City.
I. 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.
V. 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 for costs
incurred for dues deduction.in an amount not to exceed $.04 per member
per pay period.
II. 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 Preliminary City
Budget and the Final City Budget.
1 .05 ~
EMPLOYEE P.IGHTS
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.
3.
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 notifica-
tion of the time and purpose of the meeting to the member and an on-duty
shop steward, provided 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 selection or promotion interviews.
2.01 I WAGES
I. Effective the first pay period commencing in July, 1979, classifications
represented by Local 2180 will be granted a salary increase of six
percent (6%).
I. Effective the first pay period commencing in January, 1980, unit
classifications will be granted a salary increase of three and one-half
percent (3 1/2%).
III. The classifications 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, than 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. Provision shall be made that -vill provide for advancement
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 increase
in advance of the regularly scheduled date, or (2) granting a double
step increase at the time the Firefighter'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.
IV. Merit increases will be granted at the beginning of the payroll period
closest to the employee's actual qualifying date.
V. With regard to exceptional merit increases, the following requirements
must be met by Firefighter employees in addition to criteria designated in
Civil Service Rule II, Section 5(b).
A. Exceptional Merit increases to Salary Step "D" 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 X5283 and #5287 (or equivalent).
4. Completion of Fire Science courses in Fire Hydraulics, and
G ~ ~ Fire Apparatus/Equipment with a grade of C or better.
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4.
6. Exceptional Merit increases to Salary Step "E" will be based upon:
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.
2.02 ~ UNIFORM MAINTENANCE ALL04JANCE
I. An annual payment of seventy dollars ($70) will be provided to members
in this unit for the purchase and maintenance of regulation fire uniforms.
The Battalion Chief/Shift Commander shall have the final authority to
determine when Class B uniforms shall be replaced. "Uniforms" shall mean
caps, shirts, trousers, boots and jackets.
I. In addition, the City shall during the term of this memorandum provide
unit employee with the following initial issue of new OSHA approved
protective clothing: three pants, one coveralls, one brush jacket,
one boots.
II. Uniforms initially provided under Item II above shall be the responsibility
of the unit member to replace and maintain 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 replaced or repaired
at City expense. It is the intent of this section to allow discretionary
final authority to the Fire Chief to determine whether protective clothing
so damaged shall be replaced or repaired. If replacement is the only
alternative, the 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 section shall not
occur, nor will any claim for reimbursement be honored unless a final
decision by the Fire Chief has been made as to disposition prior to the
date shown on any receipt to support a member's claim for reimbursement.
2.031 MILEAGE ALL04JANCE
Employees in this unit shall be subject to the City's Mileage Reimbursement
Program when required to use their private automobiles for authorized City
business:
18~ per mile - first 200 miles
13~ per mile - next 300 miles
10~ per rii 1 e - over 500 mi 1 es
2.041 TUITION REIMBURSEMENT
Employees will be reimbursed for up to $1~0 per individual per fiscal year
for the cost of tuition and books for courses directly related to the
employee's career development. Employees must obtain approval of the Fire
Chief and the Director of Personnel prior to enrollment in the desired course.
R~~
5.
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 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.
2.06 OVERTIME
I. Whenever an employee is ordered, because of an emergency or in the interest
of the efficiency of his/her department to render overtime service beyond
the regularly scheduled work week or shift, he/she shall be granted com-
pensation for such overtime at time and one-half the base rate of pay in
accordance with the conditions and limitations of this section. 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 one and one-half (1 1/2) the base rate of pay 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 time as is necessary
and required by the Chief.
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 time and one-half (1 1/2) the
base rate of pay 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 officers' meetings will continue to
be paid premium pay with a two (2) hour minimum.)
Holdovers are not tso be considered callbacks.
Except for emergencies, 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 Officer.
~ 2. Telephone callback will be made by the Shift Commander 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, and well as a record of "no answers", "refusals".
6~
6.
6. Any unit member giving advance notice to the Shift Commander of his/her
unavailability for call back duty for a specific period of time shall
not lose his position on the call back 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.
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 ten percent (10%) pay for each full hour
assigned to standby duties.
2.08 HEALTH ANJ -,~IEL FARE
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 (Independence 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 or the Department.
Unit employees assigned to divisions other than Fire Suppression shall
accrue six (6) floating holidays and five (5) hard holidays. Compensa-
tion will be administerd as designated in Civil Service Rule II, Section 10.
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 de-
l (~ 1 Glared by the President or Governor) at their regular hourly rate of pay.
_t V If employees have that day off, they will not receive extra compensation
for the unscheduled holiday.
7.
2.11 ~
VACATIO~d AND SICK LEAVE
I. Definition - For the purpose of this section the following definitions
shall apply:
A. "Continuous service" means City service uninterrupted by separation.
B. "Intermittent service" means City service interrupted by separation.
C. "Time worked" includes actual time worked, holidays with pay, and leave
of absence without pay (not to exceed one year) for which workers'
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 will accrue 144 hours (6 shifts) during the first
year of service. This benefit will. be accumulated at the
the rate of 5.52 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.
Employees 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 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 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.
a~?'
8.
1. Maximum Vacation Accrual - At no time may an employee have
more than two years of vacation leave accumulated. No
credits shall be accrued above this limit and any time in
excess of the two-year limitation will be lost.
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 vacation with pay. The
number of -vorking days of such annual vacation shall be com-
puted on the basis set forth in Section (A) and shall be in
the proportion that such part-time employment bears to full-
time employment.
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 vaction 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 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
vacation to which he is entitled based upon his active service 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).
bJhere 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 inter-
mittently 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 vacation for inter-
mittent service, the employee must work for the City during the
year in which vacation is due, and ~vhile so working must submit the
proper request for vacation to the department or departments in which
it was earned. Accumulative vacation privileges shall not be allowed
for intermittent service.
D. Vacation Use - The smallest unit of time chargeable to vacation is
one-half 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 annually 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.
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9.
I. 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 5.52 working hours
for each biweekly pay period of service (6 shifts annually). Pre-
viously 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. Unused sick leave may be accumulated in an unlimited amount but the
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.
D. The smallest unit of time chargeable for sick leave benefits is one
half (1/2) hour. Absence for illness may not be charged to sick
leave not accumulated.
E. Sick Leave Verification - The City may, in its discretion, require
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.
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.12 LEAVE OF ABSENCE
An employee who is mentally or
duties or who desires to engag
his/her usefulness on his/her
any reason considered to be in
appointing authority and the.C
from his/her regular duties ma
tion of the appointing authori
approval of the City Manager,
period not to exceed one year.
physically incapacitated to perform his/her
e in a course of study such as will increase
return to the classified service or who, for
the best interest of the City government by the
irector of Personnel, desires to secure leave
y, on written request, subject to the recommenda-
ty and the Director of Personnel and with the
be granted leave of absence without pay for a
An employee asking for leave of absence without
10.
pay shall submit his request in writing stating the reasons why, in his opinion,
the request should be granted, the date when he desires the leave to begin,
and the probable date of his return. For each leave without pay, the Director
of Personnel shall determine whether the employee granted such leave shall be
entitled to his former position on his return from such leave or whether his
name shall be placed on the reinstatement list for the class as provided for
in these 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).
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 service as a juror, upon immediate presentation of
written proof of the exact period of his required attendance or service, to
the 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 allo-vance, which he 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 man's ability to respond immediately to any
emergency; (2) shall not include any commercial or profit-making venture;
(3) shall not be so cumbersome or bulky as to infringe upon other members'
lawful activities and (4) shall not cause an unusual amount of dust or debris,
loud or distracting noises, repugnant odors, or dangerous vapors. No use of
City tools or materials except water and hoses for washing personal vehicles
shall be permitted routinely. Except for emergency repairs, there will be no
repair or maintenance on any personal motive equipment.
This item shall not abrogate the right of a Fire Captain, Battalion Chief, 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.
L~1ork required on limited duty days shall consist of daily, routine schedule, and
emergency duty. °
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11.
2.17
2.18
2.19
2.20
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 addition to exchange rank for rank,
personnel of a lower classification but of qualified rank may be permitted to
exchange shifts.
OUT OF CLASSIFICATION ASSIGNMENT
I. Employees assigned duty as an Acting Fire Engineer or Acting Fire
Captain fora 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".
I. The compensation for Acting Fire Engineer or Acting Fire Captain shall be
paid from the beginning of the first full shift the employee is assigned
to work out of classification, subject to the provisions of paragraph I.
[I. 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.
CLEAN-UP TIME
Except in cases of fire or other emergencies, employees covered by this agree-
ment sha17 be granted thirty (30) minutes personal clean-up time immediately
prior to the end of each working shift.
DEPARTMENTAL SAFETY AND HEALTH COhiMITTEE
The Safety and Health Committee shall be comprised of three 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 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 Fire Chief and the Local.
The 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
Fire Chief and the departmental Safety and Health Committee. The decision of
the City Manager shall be final.
Gv>
~ 12.
2.21 DEPARTMENTAL RULES AND REGULATIONS COMA"ITTEE
The Departmental Rules and Regulations Committee shall be comprised of three (3)
representatives of the Union and at least one member of F~anagement, 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 Union 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 interchange
of ideas. Any revision or updating agreed upon by a majority of this group will
be forwarded to the Fire Chief and will receive a written response in that
regard. It is understood that it is not the function nor intent of this
committee to infringe on management rights, but in a consultive way to perform
meaningful advisory services 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 Civil Service Rule V., Section 1.
II. The City of Chula Vista will maintain promotional eligible 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, reorganize City operations or reduce/eliminate City services.
I. 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 Fire Chief. Employees in category 6 will have the right to bump back
to the classifications from which they were promoted.
(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 dis-
ciplinary suspension of three daya or more, or who have been
demoted or reduced in pay for cause as defined in Civil Service
Rule VIII, Section 1.
(8) Permanent employees.
~~
13.
III. Seniority Defined: Seniority means continuous service with the City. Where
equal, seniority shall be determined based on and in the following order:
Continuous service in Department, in classification, and
employee scores on eligibility lists and/or evaluation ratings.
:V. Demotions and Reassignments: In connection with layoffs of unit employees,
the Chief may demote to lower classifications or otherwise transfer or re-
assign employees in order to assu-°e 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 o.f 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.
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 24 months.
-I. 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.
:I. 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 con-
tinuous 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 reemployment. The step within the range will be
the same step the employee was receiving at the time of layoff.
2.24
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RESPONSIBILITY FOR EQUIPMENT
The City will hold employees harmless for equipment damaged or lost, except
for acts of gross negligence, vandalism, or intoxication.
` 14.
3.,01 TERM AND EFFECT OF P1EMORANDUM 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,
1979, up to the beginning of the first regular pay period in July, 1980,
and thereafter shall continue in effect year-by-year unless one of the
parties notifies the other in writing no later than March 1, 1980 of its
request(s) to modify or terminate it.
II. The provisions of this Memorandum of Understanding shall be subject to
Federal, State and local law.
III. 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.
IV. This Memorandum of Understanding constitutes the entire agreement insofar
as those items negotiated by the parties and no verbal statement shall
supersede any of its provisions.
V. This Memorandum shall not reduce existing employment benefits except as
it expressly provides.
3.
C'
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02 SAVINGS CLAUSE
If an article or section of this Pemorandum 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.
:.~
~e Cole, City Manager onald Byrum, L- al 218
:y of Chula Vista International ~; sn. of Fire Fighters