Res 11-042RESOLUTION NO. 11 -042
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY AND POWAY FIREFIGHTERS' ASSOCIATION
WHEREAS, representatives with the Poway Firefighters' Association have met and
conferred in good faith with representatives of the City of Poway in accordance with
Government Code Section 3500 in an attempt to reach a memorandum of understanding
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 prepared for employees represented by the Poway Firefighters'
Association; and
WHEREAS, the City Council of the City of Poway wishes to adopt said MOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
1. That the MOU between the City of Poway and the Poway
Firefighters' Association, attached hereto as Exhibit A, is hereby
adopted retroactive to July 1, 2011, and shall be in effect
through June 30, 2013.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 5th day of July, 2011.
I_1
tI
Troyan, MMC, City Clerk
Resolution No. 11 -042
Page 2
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 11 -042 was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of July 2011, and that it was
so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L"' Li i'--�A. royan, MMC, City Clerk
o Poway
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF POWAY
AND
POWAY FIREFIGHTERS' ASSOCIATION
Effective July 1, 2011 — June 30, 2013
TABLE OF CONTENTS
ARTICLE1. GENERAL ........................................................................................... ............................... 3
Section1. Purpose ..................................................................................................................... ..............................3
Section2. Scope ......................................................................................................................... ..............................3
Section 3. General Provisions ..................................................................................................... ..............................3
ARTICLE 2. SEVERABILITY AND SAVINGS .................................................... ............................... 6
ARTICLE 3. SYMPATHY ACTION .................
........................... 6
ARTICLE 4. DURATION OF AGREEMENT ....................................................... ............................... 6
ARTICLE WAGES ............................................................................................... ............................... 6
ARTICLE6. LEAVES .............................................................................................. ............................... 7
Section1. Vacation ..................................................................................................................... ..............................7
Section2. Sick Leave ................................................................................................................... ..............................9
Section3. Holidays ..................................................................................................................... .............................11
Section4. Bereavement Leave .................................................................................................. .............................11
Section5. Shift Trade ................................................................................................................ .............................12
ARTICLE 7. PAYROLL AND WORKWEEK ....................................................... .............................12
Section1. General ...................................................................................................................... .............................12
Section2. Overtime ....................................................................................................:............... .............................13
Section3. Dues Deduction ......................................................................................................... .............................13
Section 4. Compensatory Time Off (CTO) .................................................................................. .............................13
SectionS. Call -Back Time ........................................................................................................... .............................14
ARTICLE8. BENEFITS .......................................................................................... .............................14
Section1. Health ........................................................................................................................ .............................14
Section2. Eye Care .................................................................................................................... .............................14
Section3. Life Insurance ............................................................................................................ .............................14
Section 4. Long Term Disability Income Insurance ..................................................................... .............................15
Section 5. Flexible Benefits Program ......................................................................................... .............................15
Section6. Deferred Compensation ............................................................................................ .............................16
Section 7. Retirement Health Savings Plan ................................................................................ .............................16
ARTICLE9. SPECIAL PAY .................................................................................... .............................17
Section1. Tuition Reimbursement ............................................................................................ .............................17
Section 2. Uniforms and Equipment ........................................................................................... .............................17
Section3. Acting Pay .................................................................................................................. .............................18
Section4. Travel Expenses ......................................................................................................... .............................18
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ARTICLE10. SERVICE ........................................................................................... .............................18
Section1. Probation ..................................................................................................................
.............................18
Section 2. Prohibition of Tobacco Use ........................................................................................ .............................19
Section3. Safety ........................................................................................................................ .............................19
Section 4. Meal and Rest Periods .............................................................................................. .............................19
Section5. Transfers ................................................................................................................... .............................20
Section 6. Layoff and Abolishment of Positions
........................................................................ .............................20
Section7. Driving Eligibility ........................................................................................................
.............................20
Section 8. Licenses and Certificates ...........................................................................................
.............................20
Section9. Direct Deposit ...........................................................................................................
.............................21
Section10. Resignations ............................................................................................................
.............................21
Section11. Training and Seminars .............................................................................................
.............................21
ARTICLE 11. GRIEVANCE PROCEDURE .......................................................... .............................21
ARTICLE 12. RETIREMENT AND SOCIAL SECURITY .................................. .............................22
ARTICLE 13. MAINTENANCE OF BENEFITS .................................................. .............................22
ARTICLE 14. JOB ACTIONS ................................................................................. .............................23
ARTICLE 15. AMERICANS WITH DISABILITY ACT ...................................... .............................23
ARTICLE 16. PERSONNEL RULES ..................................................................... .............................23
ARTICLE 17. POSTING OF AGREEMENT ........................................................ .............................25
This is a memorandum of understanding as provided for in the California Government
Code, Sections 3500 through 3510, which is also known as the Meyers - Millias -Brown
Act. This memorandum is hereinafter referred to as the Agreement, between the City of
Poway, hereinafter referred to as the City, and the Poway Firefighters' Association,
hereinafter referred to as the Association or Bargaining Unit.
This Agreement shall become effective when ratified by the Association and adopted by
the City Council of the City of Poway.
ARTICLE 1. General
Section 1. Purpose
This Agreement recognizes the Association as the majority representative of the safety
unit, which consists of Fire Captain, Fire Engineer, and Firefighter /Paramedic, and
represents the unit for matters within the scope of meet and confer.
Section 2. Scope
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.
Section 3. General Provisions
A. City Employer- Employee Relations Resolution
The Association herein adopts by reference the City Employer - Employee Relations
Resolution in its present form. The City agrees to meet and consult with the
Association regarding the impact on its members of proposed amendments.
B. 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. If the parties cannot agree on the
plain meaning of the language, then the intent of the parties shall be considered;
then the trade or industry usage of the language shall be considered.
C. City Rights
The rights of the City include, but 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 exercise complete control and discretion over its organization and the
technology of performing its work.
D. City Procedures
1. Unit Determination. The City reserves the privilege of establishing units for
meet and confer, but will maintain the safety unit for the duration of this
Agreement.
2. 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.
3. Awards. Service Recognition and Special Awards shall be granted or not
granted at the discretion of the City Council.
4. Time Spent for Meet and Confer and Grievances. The City allows reasonable
time off without loss of compensation 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 Director of
Safety Services. Members of the Association may work for another member
pro bono (a shift substitution) due to Association activities following the joint
approval of the Director of Safety Services or designee and a Board member of
the Association.
5. Access to Work Location. Representatives of employee organizations may be
allowed reasonable access to work locations only after they have obtained
permission of the City Manager. Employee Bargaining Unit Representatives
must advise supervisors in advance of time they will be away from their regular
job duties for approved, scheduled employee organization business as
provided under Section D. City Procedures.
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6. Use of City Facilities. Employee organizations may, with prior approval of the
City Manager, be granted the use of City facilities during non - working hours for
meetings of City employees, provided space is available, and provided further
such meetings are not used for organizational activities, membership drives, or
political activities of City employees.
7. Availability of Data. The City will make available to employee organizations
such nonconfidential 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 during regular office hours in
accordance with the City's rules and procedures for making public records
available and after payment for reasonable costs, where applicable.
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 the following:
a. Personnel, medical and similar files, the disclosure of which would
constitute an unwarranted invasion of personal privacy or be contrary to
City policy.
b. 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.
c. Records pertaining to pending litigations to which the City is a party or to
claims or appeals which have not been settled.
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.
8. Bulletin Board Space. The City shall make available bulletin board space on
existing bulletin boards designated for general employee information for the use
of the employee organization in posting notices. The City and Association will
establish a list of locations, which will be maintained by and on file with the
Human Resources Manager.
ARTICLE 2. Severability and Savings
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 circumstances 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.
In addition, the City will meet and consult with representatives of the unit prior to the
implementation of new programs which. have an impact on theUnit.
ARTICLE 3. Sympathy 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 Agreement
This entire Agreement shall commence at 12:00 a.m. on July 1, 2011 and terminate at
11:59 p.m. on June 30, 2013.
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. Wages
All Bargaining Unit employees shall receive a "non- PERSable" one -time cash stipend,
on July 15, 2011, the amount of which is established by job classification on the date of
payment:
Firefighter /Paramedic $3,925
Engineer $4,000
Engineer /Paramedic $4,200
Captain $4,650
Captain /Paramedic $4,850
Wages shall increase by five percent (5 %) for all job classifications, effective the
beginning of the pay period which includes July 1, 2012, as shown in the Salary
Schedule (Exhibit A).
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ARTICLE 6. Leaves
Section 1. Vacation
A. Computing Annual Vacation Leave
All employees who have served more than one year of continuous service shall be
entitled to vacation leave with pay.
Annual vacation leave shall be computed in accordance with the following schedule:
1 through 5 Years of Continuous Employment
112 -hour biweekly employees
80 -hour biweekly employees
After 5 Years of Continuous Employment
112 -hour biweekly employees
80 -hour biweekly employees
After 10 Years of Continuous Employment
112 -hour biweekly employees
80 -hour biweekly employees
After 15 Years of Continuous Employment
112 -hour biweekly employees
80 -hour biweekly employees
Vacation Leave Credits
144 hours per year or 5.538 hours
per pay period for 26 pay periods
96 hours per year or 3.692 hours per
pay period for 26 pay periods
Vacation Leave Credits
180 hours per year or 6.923 hours
per pay period for 26 pay periods
120 hours per year or 4.615 hours
per pay period for 26 pay periods
Vacation Leave Credits
216 hours per year or 8.308 hours
per pay period for 26 pay periods
144 hours per year or 5.538 hours
per pay period for 26 pay periods.
Vacation Leave Credits
240 hours per year or 9.231 hours
per pay period for 26 pay periods
160 hours per year or 6.154 hours
per pay period for 26 pay periods
B. Vacation Leave Accrual
Vacation time can be accumulated to a maximum of two times one - year's eligibility.
When an employee's vacation leave accrual reaches the maximum level, the employee
will stop accruing additional vacation leave until the employee uses vacation leave
below the maximum level. At that time, the employee will begin accruing additional
leave from that point forward.
Employees who have reached maximum accrual can request a review by the Director of
Safety Services in the event a vacation request is denied.
C. Use of Vacation Time
The times at which an employee may take their vacation shall be determined by the
Department Director with due regard for the wishes of the employee and particular
regard for the needs of the City. All requests for vacation time off shall be for a
minimum of four hours.
In the event one or more holidays fall within a vacation leave period, the normal holiday
pay will be paid.
Effective December 1, 2008, no more than six employees can be on vacation or comp
time off per 24 -hour shift.
Requests for vacation times are determined on a first -come, first- served basis. In the
event that multiple requests for vacation are received at the same time, seniority will be
the deciding factor. Seniority as it is referred to here shall be determined by the date of
hire within the City of Poway Department of Safety Services. If more than one
employee shares the same date of hire, a method of chance will be utilized to determine
the individual that will be granted the vacation time off. This could include the selection
of a recorded number, draw of the cards, or roll of the dice.
When it is necessary to hire back to fill a vacancy to maintain the Department staffing
plan, a system of rank - for -rank hire back shall be utilized first. In the event this process
does not result in filling the vacation request, then employees who meet the
Department's requirement to serve in an out -of- class- acting (OCA) capacity shall be
contacted to fill the vacancy. In no event shall an individual of a higher rank be utilized
to fill a lower ranking position without first consulting the Operations Chief if during the
normal work day, or the Duty Chief if after hours. The decision of the Chief Officer on
this matter will prevail.
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D. Payout of Vacation Leave
Employees who terminate employment shall be paid a lump sum for all vacation leave
earned prior to the effective date of termination, provided they are otherwise entitled to
vacation leave with pay.
E. Vacation Conversion
The City will allow the conversion of accumulated vacation to cash subject to the
following requirements:
1. An employee must have at least three years of continuous service with the
City.
2. A maximum of two shifts (48 hours) per year may be converted to cash at
the current hourly rate.
3. After the conversion, the employee must have at least 96 hours of accrued
vacation.
Section 2. Sick Leave
A. Sick Leave Accrual
Sick leave with pay may be granted to all probationary and regular employees within the
Bargaining Unit who are employed in regular full -time positions. Sick leave shall not be
considered a right but shall be allowed only in case of necessity and actual personal
sickness or disability.
Sick leave shall be accrued for each month of employment in accordance with the
following schedule:
Sick Leave Credits
112 -hour biweekly employees 12 hours per month or 5.538 hours per
pay period for 26 pay periods
80 -hour biweekly employees 8 hours per month or 3.692 hours per
pay period for 26 pay periods
Sick leave shall be granted to an employee only for actual working time off.
Accumulation of sick leave shall be unlimited.
In the event a 112 -hour biweekly employee is scheduled to work on a holiday and is out
on sick leave, the normal holiday pay will be paid.
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B. Notification
In order to receive compensation while absent on sick leave, the employee shall notify
the designated Fire Department point of contact prior to the beginning of, his /her daily
duties.
The Director of Safety Services may require certification by an employee's physician
that the employee is able to return to work in order to receive compensation for sick
leave, if:
1. The sick leave spans two or more consecutive scheduled shifts, and
2. An abuse of sick leave is suspected, and
3. The employee has been formally counseled regarding the abuse.
This requirement is at the discretion of the Director of Safety Services. However, the
Director of Safety Services may require such certification when the City deems
necessary, regardless of the time taken, subject to prior employee counseling.
In the event an employee does not have a sufficient amount of accumulated sick leave
to receive full compensation while absent due to illness, other accumulated leaves must
be used before the employee goes to a leave without pay status. Leave without pay
may only be granted with the approval of the City Manager.
C. Family Sick Leave
In the event of illness in the immediate family, a 112 -hour biweekly employee may use
up to three (3) twenty -four hour shifts (72 hours) and an 80 -hour biweekly employee
may use up to forty -eight (48) hours of accrued sick leave in each fiscal year.
Immediate family shall be designated as mother, father, brother, sister, spouse,
domestic partner and dependent children. Employees must notify the designated Fire
Department point of contact in advance when such leave is being taken and so note on
the time card. An employee cannot use personal sick leave in place of Family Sick
Leave.
D. Payout of Sick Leave
In lieu of paying out sick leave at retirement, the City agrees to implement a Retirement
Health Savings Plan (RHSP) on or before March 1, 2009. Details regarding the RHSP
are contained in Article 8, Section 7 below.
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Section 3. Holidays
The holidays for 112 -hour biweekly employees in this unit are as follows:
New Year's Day
January 1
Martin Luther King Jr. Day
3rd Monday, January
President's Day
3rd Monday, February
Memorial Day
Last Monday, May
Independence Day
July 4
Labor Day
1st Monday, September
Veteran's Day
November 11
Thanksgiving Day
4th Thursday, November
Thanksgiving Friday
Friday after Thanksgiving
Christmas Day
December 25
The 80 -hour biweekly employees in this unit shall be entitled to the same holidays off as
other 80 -hour employees in the City, which in no event shall be less than the above
listed holidays.
Holiday pay for the 112 -hour biweekly 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.
To be eligible for holiday pay, an employee must be in a paid status the day before and
the day after a holiday.
Section 4. Bereavement Leave
In the event of a death in the family, a 112 -hour biweekly employee shall be eligible for
two (2) twenty -four hour shifts (48 hours) off with pay to attend the funeral or make
funeral arrangements; an 80 -hour biweekly employee shall be eligible for three (3)
working days off (24 hours) with pay, subject to the following provisions:
A. The relatives designated shall include father, mother, wife, husband,
brother, sister, daughter, son, grandparents, grandson, granddaughter, and
brothers and sisters having one parent in common. It shall also include "in-
law" relatives 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. An employee may
be eligible to use bereavement leave for a person who has been living with
the employee in the same capacity of a spouse, provided, however, the
employee has previously notified the Human Resources office, in writing, of
the individual's name.
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B. Bereavement leave is not compensable when the employee is on leave of
absence, bona fide layoff, or for days falling outside the employee's regular
work period.
C. Bereavement leave is not chargeable against sick leave. All requests for
paid bereavement leave shall be subject to the approval of the Human
Resources Manager.
Section 5. Shift Trade
Employees assigned to a 112 -hour biweekly work schedule are permitted to trade shifts
in accordance with the following provisions:
A. All shift trade requests are made voluntarily by the employees involved.
B. Compensable hours for involved employees will not change due to the
trade.
C. Shift trades can only be agreed upon by two employees of the same rank
and required certification to perform the substituted role, such as Tiller
Operator.
D. Shift trades shall be scheduled for a minimum of four hours and be
completed within 180 days of the initial traded hours.
E. The "banking" of shift trade hours owed by one employee to another is not
permitted.
F. Shift trades must be approved following Department policy.
G. Upon approval, the traded shift becomes the responsibility of the
substituting employee. If the substituting employee is unable to work the
traded shift due to illness, the substituting employee shall be charged sick
leave.
H. Shift trades should not cause overtime.
Shift trades between employees will not be considered when determining the maximum
number of employees off during a 24 -hour shift.
ARTICLE 7. Payroll and Workweek
Section 1. General
Employees in this unit shall be assigned to either an 8 -hour or a 24 -hour shift. The
workweek will consist of 40 or 56 hours respectively.
The City will make every effort to have regular paychecks available on the Thursday
afternoon following the close of the pay period.
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Section 2. Overtime
Work in excess of the employee's regular scheduled time will constitute overtime, and if
such time is approved, it shall be compensated at one - and - one -half (1 -1/2) times that
employee's regular rate of pay.
The FLSA work period for 112 -hour biweekly employees shall coincide with the regular
biweekly payroll period of 14 days. The number of overtime hours shall be determined
in accordance with the provisions of FLSA and this Agreement.
For the purposes of computing overtime, hours of paid leaves of absences shall be
considered as hours worked. Workers Compensation leave (Labor Code §4850) shall
not be considered hours worked for purposes of computing overtime. In instances
where an additional shift or unscheduled hours are worked prior to the first day of
Workers Compensation leave within the employee's FLSA period, the additional shift or
unscheduled hours shall be paid at the FLSA overtime rate.
Section 3. Dues Deduction
Upon written request to Human Resources, employees may elect to pay dues to the
Poway Firefighters' Association through payroll deduction. Checks will be made
payable to the Poway Firefighters' Association only.
Section 4. Compensatory Time Off (CTO)
Compensatory time off (CTO) will be earned at the straight time rate for each hour
worked. The additional one -half hour of overtime compensation for each hour worked
will be paid in cash. The maximum accumulation of CTO off shall be 72 hours for all
112 -hour biweekly employees. The maximum accumulation of CTO shall be 80 hours
for all 80 -hour biweekly employees in this unit. The accumulation of hours shall be
reduced to 48 hours at the end of each fiscal year for all 112 -hour biweekly employees.
The accumulation of hours shall be reduced to 40 hours at the end of each fiscal year
for all 80 -hour biweekly employees. The employee shall be compensated for the
excess accumulation in a cash payment as part of the final pay period of the fiscal year.
Requests for the use of CTO shall be valued the same as requests for vacation time off.
All requests for CTO must be for a minimum of four hours. Effective December 1, 2008,
no more than six employees can be on vacation or CTO per 24 -hour shift.
Requests for cash payment of accumulated CTO throughout the fiscal year, other than
mandatory reduction at the end of the fiscal year, shall be paid during the pay period in
which requested.
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Section 5. Call -Back Time
Employees called back to work after expiration of their normal work day or shift to
perform emergency work shall be guaranteed minimum call -back time of two (2) hours
at the appropriate overtime rate in the event the employee is released from duty within
two (2) hours from the time of call. Call -back time will begin at the time of the call when
the employee is required to prepare for and report to duty immediately. The employee
shall make every effort to report to work as soon as possible after being called back,
and in no event shall call -back pay commence sooner than one hour prior to the time
the employee reports to work. For purposes of determining eligibility for minimum
call -back time, returning to duty to maintain a manning level as determined by the
Director of Safety Services will be considered emergency work.
ARTICLE 8. Benefits
Section 1. Health
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 premium cost. The employee's share of the
cost will be made through payroll deduction. The parties to this Agreement agree to
work with the City Insurance Committee to keep the overall cost of future premium
increases to a minimum for the term of this Agreement.
Section 2. Eve Care
The City will provide an eye care plan. The City shall pay 100% of the premium for the
employee and his /her dependent coverage.
Section 3. 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 for the amount of one and one -half (1 -1/2) times annual income
($15,000 minimum).
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Section 4. Long Term Disability Income Insurance
This employee benefit provides for the payment of a monthly income benefit payment
for those covered employees disabled by injury or sickness.
The monthly benefit provided under this coverage will be 66 -2/3% of the employee's
monthly earnings. The acceptance of an employee's application for long -term disability
is subject to the approval of the insurance carrier. 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 thirty (30) day waiting period from the
first day of the disability to the beginning of the monthly benefit payment period.
The City pays 100% of the premium.
An employee may use sick leave and other accrued leave to supplement coverage
under this benefit up to, but not in excess of, 100% of his /her regular rate of pay.
Section 5. Flexible Benefits Program
The City will maintain a Flexible Benefits Program providing reimbursement accounts
for medical and dental plan deductibles and co- payments; orthodontia; hearing exams
and aids; vision care; and other health care expenses not covered by existing medical
and dental coverage. Additional elements of the Program may include reimbursement
accounts consisting of child /dependent care, before and after school care, and other
plan - design options.
The Program will be maintained in accordance with applicable IRS statutes in order to
provide employees the greatest possible tax benefit.
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Section 6. Deferred Compensation
In addition to the City's existing 457 deferred compensation plan, the City will provide a
401(a) Deferred Compensation Plan. One of the City's purposes in providing this
benefit is to help employees pay for medical costs when they retire. The City will
contribute $12 per employee per biweekly pay period to the 401(a) plan. Employees
shall be entitled to receive credits for their accounts only after the completion of a full
pay period. Only full -time employees shall be eligible for this benefit. Employees hired
on or before June 30, 2004, shall have a one -year vesting period for the 401(a) plan.
For those hired on or after July 1, 2004, the vesting schedule will be as follows:
From date of hire until second anniversary — 0% of accumulated value
Second anniversary of employment — 20% of the accumulated value
Third anniversary of employment — 40% of the accumulated value
Fourth anniversary of employment — 60% of the accumulated value
Fifth anniversary of employment — 80% of the accumulated value
Sixth anniversary of employment —100% of the accumulated value
Section 7. Retirement Health Savings Plan
The City agrees to implement a Retirement Health Savings Plan (RHSP) on or before
March 1, 2009, as follows:
A. The City will contribute an annual deposit of $608 into each employee's RHSP
account on March 1 or the business day closest thereto;
B. Any fees related to the RHSP will be paid by employees;
C. Employees must annually convert 40 hours of sick leave to cash as an RHSP
deposit in the first full pay period each July, beginning July 2009 when:
1. Their sick leave balance is at least 100 hours after conversion
2. The employee used 72 hours or less sick leave in the prior fiscal year
(July 1 — June 30)
D. Remaining sick leave hours at service /non - disability retirement will be converted to
cash as an RHSP deposit, up to a maximum cash value of $10,000.
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ARTICLE 9. Special Pay
Section 1. Tuition Reimbursement
Employees in the Association shall be allowed to participate in the tuition
reimbursement program outlined in the Personnel Rules. The maximum amount of
reimbursement shall be $1,500 per fiscal year per employee and will be available on a
first -come, first -serve basis. The total funds available to the Association will be $10,000
each fiscal year. Funds remaining in any one fiscal year cannot be carried over to a
future year. Approved fire service classes and professional and technical courses in
accredited educational institutions are eligible provided that:
A. The employee has received at least an overall satisfactory rating on his /her last
performance evaluation.
B. The subject matter of the course relates directly to and contributes toward the
performance of the employee's position with the City.
C. The employee submits a Request for Refund of Tuition and Cost of Books form
to the department Director and Human Resources within three (3) weeks after
the beginning of the class.
D. Before receiving reimbursement, the employee shall furnish proof of payment
and evidence that he /she has completed the course with a grade of "C" or better,
if the grade of "C" is acceptable for graduation. A "pass" will be accepted for
classes where a pass /fail grading system is used. For approved fire service
classes a certificate of completion is required.
Section 2. Uniforms and Equipment
The City will provide all uniforms that are required by the City in accordance to the
following:
A. All uniforms will be compliant with NFPA Standard 1500 and as determined by
the Director of Safety Services and shall include items specified in Section 2,
Item C, below.
B. Safety clothing required in the performance of duties shall be provided by the
City. Employees shall be required to report for work in the required uniform
and shall wear the required safety clothing when performing hazardous duties.
C. Standards of maintenance of uniforms and equipment shall be determined by
the City. Employees will be required to maintain these standards. Uniforms to
be purchased by the City include:
1. Shirts 4
4. Jacket Miner 1
7. T -shirts 6
2. Pants 4
5. Socks 6 r.
8. Belt 1
3. Sweatshirt 1
6. Physical Training Shorts 1
9. Ball ca 1
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D. Uniform replacements will be made on an as- needed basis as determined by
the Department Director or designee.
E. Uniform allowance as defined by the California Public Employees Retirement
System (CaIPERS) is a form of "compensation" for CaIPERS purposes only.
As such, any uniform allowance or the value of uniforms provided by the City
will be reported to CaIPERS as part of the employee's annual gross income for
purposes of computing the employee's and City's CaIPERS contribution.
Section 3. Acting Pay
A. Compensation for working in an acting assignment in the rank of Fire Engineer or
Fire Captain shall be paid at the next step in the employee's current range or a
minimum of 5% above the employee's current compensation rate.
Acting pay will commence after the employee has worked a minimum of 12
consecutive hours in an acting assignment retroactive to the first hour of the
assignment. Thereafter, acting pay will continue for every consecutive hour
worked in the acting assignment until the employee is relieved of the acting
assignment.
B. In order for an employee to be eligible to work in an out -of -class position, the
employee must have successfully passed the most recent promotional examination
for that out -of -class position.
C. Serving in an acting capacity will not alter employees' anniversary dates for
probationary status or merit increases.
Section 4. Travel Expenses.
Travel expense approval will be in alignment with the City's current policy.
ARTICLE 10. SERVICE
Section 1. 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 any time without the right of
appeal or hearing. The Department Director shall have the authority to extend the initial
period of probation for an additional three (3) months.
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If any employee is rejected during the probationary period from a position to which
he /she has been promoted, the City shall make every reasonable effort to retain the
employee in any vacant position in a public safety position for which he /she is qualified.
Such efforts may include acceptance of the employee's request for a voluntary
demotion to a vacant position.
This provision shall not apply if the employee is released from probation due to
repeated or single acts of misconduct specified in Rule 14.2 of the City's Personnel
Rules.
Section 2. Prohibition of Tobacco Use
The City agrees to require new hires with an original appointment date after July 1,
2000, to not use tobacco products, and will require continued nonuse as a condition of
their employment.
Section 3. Safety
The Association adopts the following by reference:
1. The City has a Central Safety Committee with representatives from all units.
2. The City and all employees shall comply with any applicable Federal and
State law.
3. The City and all employees shall comply with any safety policy and /or
procedure that may from time to time be promulgated by the City Council or
the Safety Services Department.
Section 4. Meal and Rest Periods
Meal periods and rest periods will be permitted insofar as they are practicable and
consistent with operational interests.
In the event of an extended emergency response, the City will reimburse the members
of the Poway Firefighters' Association $5.00 per meal, per person when such a
response will not allow the fire crews to return to station by 1300 hours for lunch, or
$7.50 per meal, per person when returning after 1830 hours for dinner. Reimbursement
will be made directly to the affected crew members. All meals will be purchased and
consumed within the City limits, whenever practical
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Section 5. Transfers
If an employee assigned to a 112 -hour biweekly work schedule is transferred to a
position on an 80 -hour biweekly schedule, the employee's sick leave and vacation leave
accrual rates along with their respective balances shall be adjusted proportionately to
reflect the new schedule for an 80 -hour biweekly employee. If an employee is
transferred from an 80 -hour biweekly schedule to a 112 -hour biweekly schedule, the
sick leave and vacation accrual rate and balances shall be similarly adjusted.
Section 6. Layoff and Abolishment of Positions
The City may abolish any position and the employee may be laid off without disciplinary
action or without the right of appeal.
Whenever the City deems it necessary to reduce the number of employees in any
classification, the employee may be laid off without disciplinary action or without the
right of appeal.
The City agrees to meet with the Bargaining Unit Representatives 30 days prior to
issuance of any layoff notices or abolishment of positions to confer over the impact and
implementation of said layoffs or abolishment and to discuss alternatives and options.
However, the City Manager shall retain the final decision with respect to classifications
and number of employees to be laid off.
The City's layoff procedures are contained in Rule 13 (Separation from Service) of the
City's Personnel Rules, in effect at the time the layoff decision is made.
Section 7. Driving Eligibility
Employees who drive a vehicle for City business shall have a valid California Drivers
License. The City participates in the California Department of Motor Vehicles' "pull
program." The City reserves the right to check at any time with the Department of Motor
Vehicles and /or an employee to determine if the employee's license is valid. If an
employee's driver's license is revoked, suspended or otherwise made invalid by the
Department of Motor Vehicles, the employee must inform his /her supervisor
immediately.
Section 8. Licenses and Certificates
Employees must maintain licenses and certification as outlined in their respective job
specifications at all times. In order to ascertain the validity of the employee's licenses
and certificates, employees must present licenses and certificates to their supervisor
upon request. If any of an employee's licenses or certificates are revoked, suspended
or otherwise made invalid, the employee must inform his /her supervisor immediately.
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Section 9. Direct Deposit
All employees will have mandatory direct deposit. Employees will provide authorization
to the City to electronically deposit their paychecks to a financial institution of their
choice.
Section 10. Resignations
An employee wishing to resign in good standing shall file with the Department Director 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 on -the next regular payday after
resignation, 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 City, and the employee will not reestablish rights and /or benefits lost at the time of
resignation.
Section 11. Training and Seminars
The City provides funds for training and educational seminars as the budget reasonably
permits. Tuition and fees for training and educational seminars are paid from these
funds. Employees requesting tuition for emergency services, job- related educational
seminars must obtain approval in advance from the Director of Safety Services.
Employees attending such seminars during their normal duty hours will not be charged
vacation leave or compensatory time off leave. Employees attending such seminars on
their own time will not be compensated for that time.
ARTICLE 11. Grievance Procedure
The Association and City will adhere to the grievance procedure as stated in the
Personnel Rules, Rule 15, in effect at the time of the grievance. In addition to Step Five
of the Grievance Procedure set forth in the Personnel Rules, the final level of review
shall be contained in the Memorandum of Understanding with the Association as
follows:
If the employee does not agree with the decision reached in Step Five of the
Grievance Procedure, he /she may present the appeal in writing to the City
Council.
Final Level of Review: The City Council upon receiving the grievance shall take
such actions and such methods as it chooses and render a written final and
binding decision.
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ARTICLE 12. Retirement and Social Security
The City will provide retirement benefits through the Public Employees' Retirement
System. The City does not participate in the Social Security System.
For those employees hired on or before December 31, 2011
Effective pay period beginning July 11, 2011, each employee in this Bargaining Unit will
contribute nine percent (9 %) of his /her PERSable salary (excluding overtime) on a pre-
tax basis towards the "member contribution" portion of their CalPERS retirement
account.
The City currently contracts with the California Public Employees' Retirement System
(CaIPERS) to provide the following system features:
1. The retirement option known as 3 % -at -50 formula;
2. Average of three highest years' compensation;
3. The Index Level of 1959 Survivors Benefit; and
4. Pre - Retirement Optional Settlement 2 Death Benefit.
For those employees hired after December 31, 2011
The City shall amend its contract with CalPERS to create a second -tier retirement plan
effective January 1, 2012 or as soon thereafter as possible. The second -tier will apply
only to those employees hired after December 31, 2011 and shall provide:
1. The retirement option known as 3 % -at -55 formula;
2. The Index Level 1959 Survivors Benefits;
3. Average of three highest years' compensation; and
4. Pre - Retirement Optional Settlement 2 Death Benefit.
An employee in the second -tier will contribute nine percent (9 %) of his/her PERSable
salary (excluding overtime) on a pretax basis towards the "member contribution" portion
of their CalPERS retirement account.
ARTICLE 13. Maintenance of Benefits
All rights, privileges, and terms and conditions of employment in full force and effect
under the previous MOU and not in conflict herewith shall become a part herein until
mutually modified, or otherwise changed by the parties hereto.
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ARTICLE 14. Job Actions
The Association agrees not to strike or otherwise engage in withholding services or
concerted action during the term of this Agreement. In addition, the City agrees not to
lock out the employees.
ARTICLE 15. Americans with Disability Act
The City and the Bargaining Unit agree that they are subject to and must conform to the
Americans with Disability Act Amendments Act (ADAAA).
ARTICLE 16. Personnel Rules
All other employee rights, privileges, and benefits are included in the Personnel Rules of
the City of Poway.
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ARTICLE 17. Posting of Agreement
A copy of this Agreement will be posted on the City's intranet and internet for employee
access. The Agreement will be provided to new hires at the Human Resources
orientation.
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 it.
For the City:
Tina White
Assistant City Manager
For the Association:
Mike Powell
Bobbi Bennett
Human Resources Manager
John French
Director of Administrative Services
Dated:
Brian Mitchell
Fire Captain
Geoffrey Kamantigue
Firefighter /Paramedic
Joshua Fernandes
Firefighter /Paramedic
Dated:
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