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Res 270RESOLUTION NO. 270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE POWAY FIREFIGHTERS ASSOCIATION WHEREAS, representatives of the Poway Firefighters Association and the City of Poway have met and conferred in good faith in accordance with Government Code Section 3500 in an attempt to reach an agreement regarding wages, hours and other terms and conditions of employment; and WHEREAS, as a result of these meetings a recommended Memorandum of Understanding has been jointly prepared; and WHEREAS, the City Council of the City of Poway wishes to adopt said Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: That the Memorandum of Understanding between the City of Poway and the Poway Firefighters Association, which has been affixed to this resolution and marked attachment A is hereby adopted. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California,at an adjourned regular meeting thereof this fifteenth (15) day of July, 1982. Mary She~dson, ~ayor ATTEST: Marjorie ~Wahlsten, City Clerk MEMORANDUM OF UNDERSTANDING between THE CITY OF POWAY and THE SAFETY EMPLOYEES Effective July 1, 1982 ATTACHMENT TO RESOLUTION 270 Safety Memorandum of Understanding Table of Contents ARTICLE 1. ARTICLE 2. ARTICLE 5. ARTICLE 4. ARTICLE 5. ARTICLE 6. GENERAL Pmge 1. Purpose ................ 1 1 ~ Scope ~ 1-5 ~. General F'rovisions ......... 3a. City Employer/Employee Relations Resol uti on ............ 1 3b. City Affirmative Action Resolution 1 · -,c. Construction ........... 1 3d. City Rights ............ 2 Unit Determination ........ ~ o Jurisdictional Disputes ...... 2 Awards .............. 2 Time Spent for Meet & Confer or Grievances ............ 2 Representatives Access to Work Site~ o Employee Use of City Facilities . 2 Availability of Data SEVERABILITY AND SAVINGS ......... 4 SYMPATHY ACTION .............. 4 DURATION OF AGREEMENT .......... 4 WAGES LEAVES 1. Vacation 2. Sick Leave ................. 4.-5 5-7 7 3. Holidays ......... ~ ........ 8 4. Bereavement Leave ........ 8 ARTICLE 7. PAYROLL & WORK WEEK ............. 8-9 1. Shifts & Hours ............... 9 2. Dues Deduction ............... 9 ARTICLE 8. BENEFITS .................. 9 1. Hospital and Medical ......... 9 2. Life Insurance ............... 9 3. Long Term Disability Income Insurance 9 ARTICLE 9. SERVICE & SPECIAL PAY ........... 10-13 1. Training & Education ............ 10 2. Uniforms & Equipment ............ 10 3. Probation .............. 10 4. Safety ................... 11 5. Acting Pay ................. 11 6. Meal & Rest Periods ............ 11 7. Travel Expenses .......... 11-12 8. Transfers .............. 12 9. Layoff & Reemployment ........... 12 10. Resignations ............... 12 11. Credit Union .............. 12 ARTICLE 10. RETIREMENT AND SOCIAL SECURITY .......... 13 ARTICLE 11. MAINTENANCE OF BENEFITS ............. 13 ARTICLE 12. JOB ACTIONS ................ 13 ARTICLE 13. PERSONNEL RULES .................. 13 ARTICLE 14. POSTINS OF AGREEMENT ............. 14 MEMORANDUM OF UNDERSTANDING This is a memorandum of understanding as provided for in the California Government code Sections 3500 through 3510, which is also known as the Myers-Millias-Brown Act. This memorandum is here-in-after referred to as the agreement, between the City of Poway, here-in-after referred to as the City, and the Poway Firefighters Association, here-in-after referred to as the Association. This agreement shall become effective when adopted by the City Council of the City of Poway. Article 1. General Section !~ ~udE~ose. This agreement recognizes the Association as the majority representative of the safety unit, which consist of Fire Captain, Fire Engineer and Firefighter and represents the unit for matters within the scope of meet and confer. Section 2. Sco~ Meet and confer is limited to wages, hours and other terms and conditions of employment, and shall not include any items not covered by this agreement or adopted by reference in this agreement or any subject preempted by Federal or State law. Amendments to this agreement that are within the scope of meet and confer shall require prior meet and confer between the Association and the City. Section 5. General Provisions. 3a. City Employer-Employee Relations Resolution. The Association herein adopts by reference the City Employer- Employee Relations Resolution in its present form and as it may be from time to time amended by the City Council of the City. 3b. City Affirmative Action Resolution. The Association herein adopts by reference the City Affirmative Action Resolution and the City Equal Employment Opportunity policy and any subsequent changes or amendents thereto. 3c. Construction. The rights, powers and authority of the City in all matters shall not be modified or restricted by this agreement. In interpreting the language of this agreement, first the plain meaning of the language shall prevail, then the trade or industry usage of the language shall be considered, then the intent of the parties shall be considered. 3d. City Rights. The rights of the City include, butt are not limited to the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; determine the procedures and standards of selection for' employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and excercise complete control and discretion over' its organization and the technology of performing its work. The Association recognizes and hereby adopts by reference the following City procedures: -Unit Determination. The City reserves the of establishing units for meet and confer', maintain the safety unit for the duration agreement. privilege but will of this - Jurisdictional Disputes. In the event of jurisdictional disputes between competing employee organizations or unit claims, the employees of all units shall continue working under the agreement in force at the time. - Awards. Service Recognition and Special Awards shall be granted or not granted at the discretion of the City Council. - Time Spent for Meet and Confer and Grievances. The City allows reasonable time off without loss of benefits for a reasonable number of recognized representatives of the Association for the purpose of meet and confer and for grievance representation. Reasonableness is determined by the City Manager. - Representatives of employee organizations may be allowed reasonable access to work location only after they have obtained permission of the City Manager. - Employee the City facilities during non-working hours for meetings City employees provided space is available, provided further such meetings are not used organizational activities, membership drives, political activities of city employees. organizations may, with prior approval of Manager, be granted the use of City of and for or - Availability of Data. The City will make available to employee organizations such non-confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth herein and in the California Government Code. Such information shall be made available regular office hours in accordance with the rules and procedures for making public available and after payment for reasonable where applicable. during Cities records costs~ Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries,but shall not be made available in such form as to disclose the source. Nothing in this procedure shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to City policy; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record. (3) Records pertaining to pending litigations to which the City is a party, or to claims or appeals which have not been settled. (4) Nothing herein shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. 3 Article 2. Severabilit~ and Saving~ If any portion of this agreement, or the application of such portion to any person or circumstance, shall be invalidated by judicial or legislative action, the remainder of this agreement, or the application of such portion to persons or cicumstances other than those as to which it is invalidated shall not be affected thereby, and shall remain in full force and effect. The Association will be duly notified of any legislative action invalidating any section of this agreement. Article 3. ~X~bX Action. During the term of this agreement, neither the Association nor any person or persons covered by this agreement shall engage in any sympathy action or action of any type in support of any other unit or units, person or persons, or employee organizations not having an agreement in effect with the City. Article 4. Duration of ~greement. Except as provided in Article 10, this entire agreement shall commence at 12:01 a.m. on July 1, 1982, and terminate at 11;59 p.m. on June 30, 1983. At the expiration of this agreement, in whole or in part and in the absence of a new agreement, the Association and the City agree to continue operating under' the provisions of this agreement until such time as a new agreement is reached, provided, however, such new agreement shall be retroactive to the date of expiration of this agreement or any part of this agreement. Article 5. Waq~ The following position classifications are established as full time at the salary ranges indicated below. Employees in this unit shall be classified in one of the following classifications, and paid at one of the five steps within the salary range set forth for the classification. POSITION SALARY STEPS RANGE A B C D E Fire Captain: Bi-Weekly 212 879.92 924.80 972.00 1021.52 1073.68 Hourly (120) 7.333 7.707 8. 100 8.513 8.947 Hourly (80) Approx. Monthly 10.999 11.560 12.150 12.769 13.421 1906 2004 2106 2213 2326 4 Fire Engineer: Bi -week 1 y Hourly (120) HourIy (80) Approx. Monthly 200 A B C D E 780.88 820.72 862.56 906.56 952.80 6.507 6.839 7.188 7.555 7.940 9.761 10.259 10.782 11.332 11.910 1692 1778 1869 1964 2064 Firefighter: Bi-weekly Hourly (120) Hourly (80) Approx. Monthly 187 686.16 721.12 757.92 796.56 837.20 5.718 6.009 6.316 6.638 6.977 8.577 9.014 9.474 9.957 10.465 1487 1562 1642 1726 1814 Firefighter(Prob.) 162 Bi weekly 535.04 562.32 590.96 621. 12 652.80 Hourly (120) 4.459 4.686 4.925 5.176 5.440 Hourly (80) 6.688 7.029 7.387 7.764 8.160 Approx. Monthly 1159 1218 1280 1346 1414 Upon certification and for as long as they remain certified, employees filling the position of Paramedic shall receive the payment of a bi-weekly supplementary wage adjustment of $69.23. The Paramedic Coordinator shall receive the payment of a bi- weekly supplementary wage adjustment of $46.15. Standby: An employee in the Fire Department who has volunteered for and been assigned standby duty as a member of the established duty team shall receive an equal share of the $1,000 that is provided each month for this service. The amount shall be divided equally among the participants and paid once a month with a normal bi-weekly payroll. It is the responsibility of the duty team members to be available for call-back in emergency situations. Article 6. Leaves. Section 1. Vacation. All employees who have served more than one year of continuous service shall be entitled to vacation leave with pay except the following: Employees who have served less than one continuous year in the service o-~ the city. Annual vacation leave shall be computed in accordance with the following schedule: 1 thru 5 120 hour bi-weekly employees 12 hours per month for' a total of 144 hrs. per year. 80 hour bi-weekly employees 8 hours per month for a total of 96 hrs. per' yr. After 5 After 10 After 15 After 15 120 hour bi-weekly employees 15 hours per month for a total of 180 hrs. per year. 80 hour bi-weekly employees 10 hours per month for a total of 1~_) hrs. per year. 120 hour bi-weekly employees 18 hours per month for a total of 216 hrs. per year. 80 hour bi-weekly employees 12 hours per month for a total of 144 hrs. per year. l~t hour bi-weekly employees ') ~. hours per month for a total of 240 hrs. per year. 80 hour bi-weekly employees 13.3 hours per month for a total of 160 hrs. per year. Vacation time can be accumulatd to a maximum of 150% of one year" s eligibility, and accumulation above 150% shal ]/ be forfei ted. The times at which an employee may take their vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the City. In the event one or more holidays fall within a vacation leave period, the normal Holiday pay will be paid, and a full deduction of Vacation hours made from the employees accrued vacation time. Employees who terminate employment shall be paid lump sum for all vacation leave earned prior to the effective date of termination, provided they are otherwise entitled to vacation leave with pay. Section 2. Sick Leave. Sick leave with pay may be granted to all probationary and regular employees within the unit who are regularly employed in permanent full-time positions. Sick leave shall be accrued for each month of employment in accordance with the following schedule: ~ ] 12 1~(. hour bi-weekly employees hours per month 80 hour bi-weekly employee 8 hours per month Sick leave shall be granted to an employee only for actual working time off. Accumulation of sick leave shall be unlimited. In order to receive compensation while absent on such leave, the employee shall noti.~y his/her immediate superior or the deparment head prior to or within two hours after the time set for the beginning of his duties. Sick leave over three(3) working days at one time may require certification by the employee's physician in order to receive compensation. This requirement is at the discretion of the department head. In the event of illness in the immediate family, an employee may use accrued sick leave not to exceed three(3) days in each calender year. Immediate family shall be designated as mother, father, spouse, and dependent children. Employees must notify supervisor in advance when such leave is being taken and so note on the time card. Upon the anniversary of 5 years of continuous employment with the City, an employee in this unit shall be el. igible to receive compensation for unused sick leave in accordance with the fol. lowing schedule: hour bi-weekly employees (a) 25% of total accrued sick leave upon retirement, not to exceed $3,0()0. 80 hour bi-weekly employees (a) 25% of the total accrued sick leave upon retirement, not to exceed $3,000. In to work benefit used. the event a 120 hour bi-weekly employee is scheduled on a holiday and is out on sick leave, the holiday in hours will be used to reduce the hours of sick leave 120 hour employees: 12 hrs. sick leave = 24 hr. shift 12 hrs. holiday credit Section 3. Holidays_._ The holidays for 120 hour bi-weekly employees in this unit are as follows: New Year~s Day Washington~'s Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Day January l 3rd Monday, February Last Monday,May July 4 1st Monday, September November 11 4th Thursday, November December 25 The ent i t 1 ed the City, hol i days. 80 hour bi-weekly employees in this unit shall be to the same holidays off as other 80 hour employees in which irt no event shall be less than the above listed Holiday pay .for' the 120 hour bi-weekly employees in this unit shall be 12 hours pay at their regular rate of pay. In addition to regular pay for hours worked employees in this unit shall be paid holiday pay, whether on or off duty on the holidays above. Section 4. Bereavement Leave. In the event of a death in the family, a 120 hour bi-weekly employee shall be eligible for two working days (48) hours off with pay to attend the funeral; an 80 hour bi-weekly employee shall be eligible for three working days off (24 hours with pay, subject to the following provi sloBs: a. The relatives designated shall include father, mother, wife, husband, brother, sister, daughter, son, grandparents, brothers and sisters having one parent in common, and those relationships generally called "step", providing persons in such relationships have lived or have been raised in the family home and have continued an active family relationship. b. To be eligible for bereavement leave, the employee must attend or make a bona fide effort to attend the funeral. c. Bereavement leave is not compensable when the employee is on leave of absence, vacation, bona fide lay off, or for days falling outside the employee's regular work period. d. Bereavement leave is not chargeable against sick leave. All request for paid bereavement leave shall be subject to the approval of the Personnel Officer. Article 7. Payroll ~0~ pork Week. Section 1. Employees in 'this unit shall be assigned to either a 8 hour or 24 hour shift. The work week will consist of 40 or 60 hours respectively. Section 2. Dues Deduction. Upon written request to the Personnel Department, employees may elect to pay dues 'to the Poway Firefighters Association through payroll deduction. Check will be made payable to the Poway Firefighters Association, only. Article 8 Benefits. Section 1. Hos~i_t__al_ and .Medical. Health benefit premiums for each employee shall be paid in full by the City. Dependents of each employee may also be covered by health benefit coverage , upon proper application and acceptance. The cost of dependent coverage of the medical,and dental plan will be shared between 'the City and 'the employee. The City shall pay one-- half of the dependent Medical and Dental coverage to a maximum of $71.72 per month and $14.38 per month respectively. The empl oyee'~ s share of the cost will be made through payroll deduction. Section 2. Life Insurance. The first day of the month following date of hire, an employee,upon proper application and acceptance by the insurance company, shall be covered under a group life insurance plan that is approximately equal to their annual salary or a minimum of $10,000.00. Section 3. Long Term Disabilit]~ Income Insurance. This employee benefit provides for the payment o~ a monthly income bene'~it payment for those covered employees totally disabled by injury or sickness. The monthly benefit provided under this coverage will be 60% of the employee's monthly earnings to a maximum of $1,000 per month. The insurance carrier is responsible for calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a 30 day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance handbook, until the recovery from the injury or' sickness or until the employee reaches age 65. The City pays 100% of the premium. An employee may use sick leave and vacation to supplement coverage under this benefit up to, but not excess of 100% of his regular rate of pay. 9 Article ~ Servic~ and ~pecial ~X~ Section 1. Tuition Reimbursement Employees in this unit shall be allowed to participate in the tuition reimbursement program outlined in the Personnel Rules. The maximum amount of reimbursement shall be $150.00 per fiscal year per employee. Section 2. Uniforms and ~pment. The City will provide and maintain all uniforms that are required by the City in accordance to the following: a. A one time clothing allowance of $200.00 will be granted to the 120 hour bi-weekly employee after the employee successfully completes the initial probationary period; b. A maintenance and replacement allowance annually shall be paid to each 120 hour bi-weekly quarterly installments of $~.00 each. of $200.00 emp 1 oyee i n c. Safety E~lothing required in the performance of duties shall be furnished by the City and must be worn when performing hazardous duties. d. Standards of maintenance of uniforms and equipment shall be determined by the City, and employees must maintain these standards. e. Uniforms include, but are not limited to: 1. Boots 2. Shirts 3. Pants 4. Patches 5. Coveralls 6. Jacket 7. Socks 8. Name plates 9. T-shirts 10. Belt Section 3. Probation. All appointments shall be for a probationary period of not less than one year. During the probationary period, the employee may be rejected at anytime without the right of appeal or hearing. The Department Head shall have the authority to extend the initial period of probation for an additional three (3) months. Any employee rejected during 'the probationary period from a position to which he/she has been promoted shall be reinstated to a position in the class from which he/she was promoted unless he/she is discharged from the City. On recommendation of two or more supervisors a non- probationary employee may be placed on special probation, however', he/she shall have the right of direct appeal of the special probation to the City Manager. The City Manager must be notified of the employee's desire to appeal the special probation within ten (10) calender days of the employee's having been placed on special probation. 10 Section 4. Safet_x._ The Association adopts the following by reference: - The City has a Central Safety Committee with the representatives from all units; - The City and all employees shall comply with any applicable Federal and State laws; - The City and all employees shall comply with policy and/or procedure which may from time time be promulgated by the City Council. any to Section 5. Ac_t_i_ng _Pay 5(a) Routine Scheduling; An employee who works in an acting capacity in a higher classification due to the unavailability of a sufficient number of Fire Engineer's or' Fire Captains to provide for' routine scheduling requirements will be compensated at the next step in the salary range or a minimum of five (5) percent above their current rate of compensation for the hours worked out of class. Routine scheduling requirements shall not include periods where employees are on sick leave, vacation leave, or any other form of normal leave. 5(b) Other; An employee assigned to work out of class for an uninterrupted period of thirty (30) or more calender days in a higher classification or rank due to the absence of an employee or a vacancy in the work force, will be compensated at the rate of pay for that higher classification or rank after the expiration of the thirty (30) calendar- days. This provision is not applicable to an out c~f class assignment which is considered to be bona fide education,training and development, job enlargement or job enrichment program. Section 6. Meal and Rest Periods. Meal periods and rest periods will be permitted at scheduled intervals, and insofar' as they are practicable and consistent with operational interests. ]-he 120 hour bi-weekly employees in this unit shall receive $8.00 per payperiod toward the cost of on-duty meals. This amount shall be payable monthly to the Poway Firefighters Association. Section 7. Travel Expenses. 8a. Prior approval of the department head approval of the City Manager shall be required reimbursement for travel exspenses. and final prior to 8b. Employees using their own vehicle on approved City business travel will be reimbursed at a rate of Thirty cents(.30) per mi i e. 8c. Employees on approved official business away from the City wi 11 be reimbursed for actual and necessary expenses incur red. 8d. original form. In order' to be reimbursed, employees must include receipts for all expenses with the reimbursement claim Se. Advances of travel expenses may be allowed at the sole discretion of the City Manager. Section 8. Transfers. If an employee assigned to a 120 hour bi-weekly work schedule is transferred to a position on a 80 hour bi-weekly schedule the employees sick leave and vacation leave accrual rates along with their respective balances shall be adjusted proportionately to reflect the new schedule for a 80 hour bi-weekly employee. If an employee is transferred from an 80 hour bi-weekly schedule to a 120 hour bi-weekly schedule the sick leave and vacation accrual rate and balances shall be similarily adjusted. Section 9. La~! and Ree~!~O~ The City may abolish any position or employment and the employee may be laid-off without taking disciplinary action and without the right of appeal. Persons to be laid-off shall be given at least ten (10) calender days prior notice, and they shall be maintained on a reemployment list for a period of twelve (12) months. The order of layoff shall be based on prior performance and seniority as determined by the city. Sectiqo !(2~ Resi.gnations. An employee wishing to resign in good standing shall file with the department head a written resignation stating the effective date and reasons for resignation at least two weeks prior to the effective date of resignation. The City will pay an employee for all hours worked within 72 hours after termination, and will thereafter pay all accumulated reimbursable benefits as early as feasible. An employee who has resigned with a good record will be given preferential consideration for rehire if a position is available. Decision to rehire is at the discretion of the Cit. y, and the employee will not re-establish rights and/or benefits lost at the time of resignation. Section 11. Credit Union._ Employees may elect to make credit union contributions through payroll deductions. Article 10. Retirement and Social Securi~ The City will provide retirement benefits through the Public Employees Retirement System. The City does not participate in the Social Security System. Effective at the start of the pay period beginning July 5,1982 the City will begin paying six (6) percent of the employees contribution into the Public Employees Retirement System in addition to the normal employers contribution. The six (6) percent payment shall be made to PERS in the name of the employee to be credited to the employees account with PERS.The City shall annually notify the employee of the annual and total contribution made to PERS on behalf of the employee. The City shall amend its contract with the Public Employees Retirement System to provide the 1959 Survior Benefit Option. The contract shall be so amended as soon as practicable. Article 11. Maintenance of Benefits. All rights, privileges, and terms and conditions of employment in full force and effect under the previous M.O.U. and not in conflict herewith shall become a part herein until mutually modified, or otherwise changed by the parties hereto. Article 12. Job Actions The Association agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agreement. Also the City agrees not to lock out the employees. ARTICLE 15. Personnel Rules All other employee rights, privileges, and benefits will be included in the Personnel Rules of the City of Poway. The following items, which were a part of the previous Memorandum of Understanding are still in force and effect until the adoption of the formalized Personnel Rules by the City of Poway. A. Special Pay Rules B. Leaves of Absence C. Military Leave D. Jury Duty E. Worker's Compensation Ins. F. State Disability Insurance G. Grievance Procedure H. Prohibitions 1. Moonlighting 2. Garnishment .J. Suspension/Dismissal 4. Loss or Damage Article 15. Postinq ~ ~greement. A copy of this agreement will be initially distributed '[o all employees, given to all new employees hired into the unit and made available beth at the Fire Stations and with the department head. The undersigned, representing the City and the Association do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Association approve same. For the City: Garry!L. MacPherson T~moth~_~-E. ~arle mes Swar tzk~el d~_~r 14