Res 86-079RESfF33TION NO. 86-079
A RESOUYUi~ CF THE CITY COUNCIL
CF ~{E CITY CF PO~AY, CAnIwC~NIA,
FOR FISCAL YEAR 1986-1987
~EREAS, representatives of the Poway Fire Fighters' Association have met
and conferred in good faith with representatives of the City of Poway in accor-
dance with Goverrm~nt Code Section 3500 in an att~L~t to reach a memorandum of
uo~ers~ding regarding ~ges, hours and other terms and conditions of
~loyment; and
WH~P~S, as a result of these meetings, a recu~m~nded memorandum of under-
standing has been jointly prepared; and
~tEREAS, the City Council of the City of Poway wishes to adopt said memo-
randum of understanding; and
WHEREAS, it is necessary to amend the fiscal year 1986-1987 Financial Plan
to provide for the changes in the M~morandum of Understanding with the Poway
Fire Fighters ' Association.
NOW, T~EREFORE, T~E CITY C(N3NCIL CF THE CITY CF P(N~AY, CAr.I~RNIA,
HE~w~Y RESf~VE, D~CLARE, DETERMINE AhD CRD~ AS
That the Ms~orandum of Understanding between the city of Poway and the
Poway Fire Fighters' Association, wtlich has been affixed to this reso-
lution and marked Attachment A is hereby adopted.
That the Financial Plan for fiscal year 1986-1987 is hereby amended to
provide for changes in the oa%%~_nsation of city ~'~uloyees contained in
the Msmorandum of U~ters~nding with the Poway Fire Fighters '
Association.
PASS~D, ADC~f~D ASD APPROWD, by the City Council of the City of Poway,
California, at an adjourned regular mee~i~ thereof this 22nd day of July,
1986.
Carl R. Kruse, Mayor
j ~i~. en, City Clerk
Effective July 1, 1986
ARTICLE 1.
ARTICLE 2.
ARTICLE 3.
ARTICLE 4.
ARTI~,W. 5.
ARTI~,R 6.
3 General Provisions
A. City Employer/I~rployee Relations
Resolution ..................
B. City Affirmative Action l~solution ......
C. Construction .................
D. City Rights .................
unit Determination ..............
Jurisdictional Disputes ............
A~rds ....................
Time Spent for ~t & Cc~fer or
Grievances ..................
Representatives Access to Work Site ......
Employee Use of City Facilities ........
Availability of Data .............
T .FAVE S .........................
1. ' Vacation .....................
2. Sick Leave ....................
Page
1
1
1-3
1
1
1
2
2
2
2
2
2
2
3
3
4
4
4-6
6-9
6-7
7-8
ARTICLm. 7.
ARTI(~.W. 8.
ARTICLR 9.
ARTICLE 10.
ARTICLE 11.
ARTIC.W. 12.
ARTICLE 13.
ARTICnW. 14.
ARTI~.W. 15.
3. Holidays ...................... 8
4. Bereav~nt Leave ................. 9
PAYROLL & WC~K W.:.:K ................... 9-10
1. General ...................... 9
2. Dues Deduction ................... 10
3. Cu~-~ensatory Time Off (CTO) ............ 10
B~NEFITS ........................ 10 -11
1. Hospital and Medical ................ 10
2. Life Insurance ................... 10
3. Long Term Disability Income Insurance ....... 10-11
SERVICE & SPECIAL PAY 11-14
Tuition & Reimbursement .............. 11
uniforms & Equipment ................ 11
Probation ..................... 12
Safety ....................... 12
Acting Pay ..................... 12-13
Meal & 9~st Periods ................ 13
Travel Expenses 13-14
Transfers ..................... 14
Lay-off & Rc~'Lk~loyment 14
R~signations .................... 14
Credit Union .................... 14
6~ TRVANCE PROCRnURE ................... 14-15
MAINTENANCE (~ nRNEFITS ................. 15
JOB ACTIONS ....................... 15
POSTING 0F ~T .................. 16
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
This is a msmorandum of understanding as provided for in the California
Goverrm~ent Code, Sectiohs 3500 through 3510, which is also known as the Myers-
Millias-Brown Act. This msmorandum is here-in-after referred to as the agree-
r~nt, 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 becalm effective when ratified by the Association and
adopted by the City Council of the City of Poway.
Section 1. Purpose.
This agrc~--ment recognizes the Association as the majority representative of the
safety unit, which comsists of Fire C_mptain, Fire Engineer, Fire Prevention
Inspector, Firefighter and Firefighter/Paramedic, and represents the unit for
matters within the scope of m~ct and confer.
Section 2. Scope.
F~t and confer is limited to wages, hours and other terms and conditions of
~-~loyment, and sb~ll not include any it~ns not covered by this agr~-------ment or
adopted by reference in this agr~---~en, t or any subject prc~-~pted by Federal or
State law.
Section 3. General Provisions.
A. city ~ployer-Employee Relations Resolution.
The Association herein adopts by reference the City ~mployer-Employ~
Relations Resolution in its present form. The City agrees to .m~t and
consult with the Association regarding the impact on its msmbers of
proposed amendments.
B. City Affirmative Action Resolution.
The Association herein adopts by reference the city Affirmative Action
Plan in its present fom. The City agr~s to meet and consult with the
Associa tion regarding the impact on its members of proposed amend-
mentso
C. Construction.
The rights, powers and authority of the City in all matters shall not
be modified or restricted by this agresnent. In interpreting the
language of this agrc-_.-~nt, first the plain me~ning of the language
sb~l 1 prevail, then the intent of the parties shall be considered, then
the trade or industry usage of the language sb~ll be considered.
-1-
D. City Rights.
The rights of the City inclL~e, but are not limited to the exclusive
right to determine the mission of its constituent departments, c~-
missions, cu~,~-.{ttees, and boards; set stanaards of service; determine
the procedures and staDaards of selection for ~,~loyment and prcmotion;
direct its e~ployees; take disciplinary action; relieve its ut~loyees
from duty because of lack of work or for other legitimate r~.~ons;
maintain the efficiency of operations; determine the methods, means and
personnel by which operations are to be conducted; determine the con-
tent of job classifications; take all necessary actions to carry out
its mission in ~mergencies; and excercise c~tplete control and discre-
tion over its organization aD~ the technology of performing its work.
The Association recognizes and hereby adopts by reference the following
city procedures:
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 agr~------~nent.
Jurisdictional Disputes. In the event of jurisdictional
disputes between cuL~eting employee organizations or unit
claims, the ~mployees of all units shall continue working
un, er the agr~-~ent 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 r~oD~hle time off without loss of benefits for a
r~.~o~ble number of recognized ropresentatives of the
Association for the purpose of m~ct and confer and for
grievance representation. Reasonableness is determined by
the City Manager.
Representatives of employcc organizations may be allowed
reasor~hle access to work location only after they have
obtained permission of the City Manager.
~ploycc 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, m~mbership drives, or politi-
cal activities of City employccs.
-2-
Availability of Data. ~ne city will make available to
~loyee organizations such non-confidential information per-
taining to employment relations as is contained in the public
records of the agency, subject to the limitations and con-
diti6ns 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 proce-
r~,res for making public records available and after payment
for reason_hie costs, where applicable.
Information which sb~ll be rode available to ~-~loyee organi-
zations includes regularly published data covering subjects
under discussion. Data collected on a prcm%ise to keep its
source confidential my be made available in statistical sum-
maries, but shall not be made available in such form as to
disclose the source.
Nothing in this procedure sh~ll be construed to require
disclosure of records that are:
(1)
Personnel, medical and similar files, the disclo-
sure of which would constitute an unwarranted inva-
sion of personal privacy or be contrary to city
policy;
(2)
Working papers or memoranda which are not retained
in the ordi~?y course of business or any records
where the public interest served by not making the
record available, cl~rly 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
programning or assemble data in a manner other than
us,,m] ly done by the City.
Article 2. Severability and Savin~s.
If any portion of this agre~nent, or the application of such portion to any
person or circumstance, shall be invalidated by j,~cal or legislative action,
the remainder of this agr~-----~ent, 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 ann effect. The Association
will be ~ly notified of any legislative action invalidating any section of this
agrc~-n~nt.
-3-
Article 3. Sy-~athy 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 agr~-~ent in effect with the City.
Article 4. Duratioa of ;~ree~nt.
Except as provided in Article 10, this entire agr~-------~_nt shall cu~'~.~nce at
12:01 a.m. on July 1, 1986, and terminate at 11:59 p.m. on June 30, 1987.
At the expiration of this agrc~--n~nt, in whole or in part and in the absence
of a new agrc~ment, the Association and the City agree to continue operating
under the provisions of this agr~-~ent until such time as a new agreement is
reached, provided, however, such new agre~nent shall be retroactive to the date
of expiration of this agreement or any part of this agr~-~n~nt.
Article 5. Wages.
The following position classifications are established as full-time at the
salary ranges indicated below. Rmployees 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.
EFFECTIVE JUNE 30r 1986
P0~ITION SALARY STEPS
RANGE
A B C D E
Fire Captain:
Fire 550
Bi-Weekly (Hourly x 112) 1082.82 1136.91 1193.81 1253.50 1316.22
Hourly (112 hours) 9.668 10.151 10.659 11.192 11.752
Hourly (80 hours) 13.536 14.213 14.924 15.670 16.454
Approx. Monthly 2346 2463 2587 2716 2852
-4-
POSITION SALARY
RANGE
A B C D E
Fire 538
Fire Engineer:
Bi-Weekly (Hourly x 112) 961.18 1009.23 1059.74 1112.72 1168.38
Hourly (112 hours) 8.582 9.011 9.462 9.935 10.432
Hourly (80 hours) 12.015 12.616 13.247 13.909 14.604
Approx. Monthly 2083 2187 2296 2411 2531
A B C D E
Fire 538
Fire Prevention Inspector:
Bi-Weekly (Hourly x 112) 961.18 1009.23 1059.74 1112.72 1168.38
Hourly (112 hours) 8.582 9.011 9.462 9.935 10.432
Hourly (80 hours) 12.015 12.616 13.247 13.909 14.604
Approx. MOnthly 2083 2187 2296 2411 2531
A B C D E
Fire 525
Firefighter:
Bi-Weekly (Hourly x 112) 844.37 886.59 930.94 977.54 1026.37
Hourly (112 hours) 7.539 7.916 8.312 8.728 9.164
Hourly (80 hours) 10.555 11.083 11.637 12.219 12.830
Approx. Monthly 1829 1921 2017 2118 2224
A B C D E
Fire 500
Firefighter (Prob.)
Bi-W~_kly (Hourly x 112) 658.34 691.26 725.87 762.16 800.24
Hourly (112 hours) 5.878 6.172 6.481 6.805 7.145
Hourly (80 hours) 8.230 8.642 9.074 9.528 10.004
Approx. Monthly 1426 1498 1573 1651 1734
-5-
When utilized as fire suppression personnel, the Fire Prevention Inspector
will be paid at the re~,lar rate of pay for his/her current classification;
however, such pay shall be converted to be equivalent to other 112 hour bi-
%~kly e~ployees.
In the event that there is a significant incr~.~e in the cost of living
~3ring the life of this agre~l~nt, the City agrees to m~ct with representatives
of the Association to discuss the impact on the association menbers.
Upon certification and for as long as they r~in certified, ~loyees fill-
ing the position of Paramedic shall receive the palm~nt of a bi-~.~c~kly supple-
men~ry wage adjustment of $115.39.
In addition, a paramedic recertification bonus will be paid as follows:
Paramedics will receive a $500 bonus every two y~rs on the first pay
period following successful cu-~letion of the recertification
examination process.
A one-time only bonus payment of $250 will be paid to paramedics who
successfully oa~-~leted the recertification examination process in
September 1985. Such payment will be made the first pay period of the
month of September 1986.
A one-time only bonus payment of $250 will be paid to paramedics who
successfully cu~-~leted the recertification examination process in March
1986. Such palanent will be made the first pay period of the ~bnth of
March 1987.
Currently certified paramedics, who are scheduled to recertify during
the life of this agreement, will receive a $500 bonus upon successful
completion of the recertification examination process.
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: ~ployees who have
served less than one continuous year in the service of the city.
Ann,~al vacation leave shall be computed in accordance with the following
schedule:
Y~rs of Continuous ~loyment
Vacation LeaveCredits
1 thru 5
ll2 hour bi-weekly ~',~loyees
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 year.
After 5
112 hour bi-~__kly ~ployees
15 hours per month for a
total of 180 b_rs. per
year.
80 hour bi-weekly employees
10 hours per month for a
total of 120 hrs. per
year.
After 10
112 hour bi-weekly e~ployees
18 hours per month for a
total of 216 hrs. per
year.
80 hour bi-weekly ~t~loyees
12 hours per month for a
total of 144 hrs. per year
After 15
112 hour bi-%~ckly ~loyees
20 hours per month for a
total of 240 hrs. per
year.
80 hour bi-weekly ~mployees
13.3 hours per month for a
total of 160 hrs. per
year.
Vacation time can be accumulated to a maximum of 150% of one year's eligibi-
lity, and accumulation above 150% shall be forfeited.
The times at which an ~loyee zay take their vacation shall be determined
by the department head with due regard for the wishes of the ~mployee and par-
ticular 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.
f~ployccs who terminate u-~-~loyment sh~311 be paid 1~',~ 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 probatio~ry and regular employes
within the unit who are regularly ~ployed in permanent fnl 1-time positions.
Sick leave shall be accrued for each month of ~-ployment in accordmnce with the
following schedule:
112 hour bi~.:~kly ~mploy~s
80 hour bi~--_~kly e~loyees
Sick Imave Credits
12 hours per month
8 hours per month
Sick leave shall be granted to an ~t~loyee only for actual working time off.
Accumulation of sick leave shall be unlimited.
In order to receive cu~i~ensation while absent on such leave, the ~loyee
shall notify his/her ~.~u~%diate superior or the department head prior to or with-
in two (2) hours after the time set for the beginning of his duties.
Sick leave over three (3) consecutive twenty-four hour shifts (72 hours) at
one time may require certification by the ~'~loyee's physician in order to
receive cu~-~nsation. This requirement is at the discretion of the departmant
head.
In the event of illness in the i~mediate family, an ~¥ployee may use accrued
sick leave not to exc~ three (3) twenty-four hour shifts (72 hours) in each
calendar year. Immediate family sh~ll be designated as mother, father, sister,
brother, spouse, and dependent children. R~ployccs must notify supervisor in
advance when such leave is being taken and so note on the time card.
Upon anniversary of five (5) years of continuous ~A01olm~mt with the City,
an ~,~loyee in this unit sb_~31 be eligible to receive cu~ensation for unused
sick leave in accordance with the following schedule:
112 hour bi-weekly e~ployccs
25% of total accrued sick leave upon termination or retirement,
not to exceed $3,000.
80 hour bi~;.~c~ly u%~loyees
A. 25% of the total accrued sick leave upon termination or retire-
ment, not to excc~ $3,000.
In the event a 112 hour bi-~=ekly e~ployee is scheduled to work on a holiday
and is out on sick leave, the normal holiday pay will be paid.
Section 3. Holidays.
The holidays for 112 hour bi-weekly employ~.s in this unit are as follows:
New Y~r's Day
Washington' s Birthday
M~morial Day
Independence Day
L~hor Day
Veteran ' s Day
Thanksgiving Day
Christm~-~ Day
January 1
3rd Monday, February
Last Monday, May
July4
1st Monday, September
4th Thursday, November
December 25
The 80 hour bi=:.~kly ~mployees in this unit sb~]l 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.
-8-
Holiday pay for the 112 hour bi-weekly ~ployees in this unit shall be 12
hours pay at their re~3u~ar rate of pay.
In addition to regular pay for hours worked, e~ployees 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 112 hour bi-weekly ~ploycc shall be
eligible for two twenty-four hour shifts (48 hours) off with pay to attend the
funeral; an 80 hour bi~;.~ckly ~loyee shall be eligible for throe working days
off (24 hours) with pay, subject to the following provisions:
ae
The relatives designated shall include father, mother, wife, husband,
brother, sister, daughter, son, grandparents, grandson, grand_daughter,
brothers and sisters having one parent in cu,~-on, and those relation-
ships generally called "step", providing persons in such relationships
have lived or have ~n raised in the family hcme and have continued an
active family relationship.
B. To be eligible for bereavement leave, the u,ployee must attend or make
a bona fide effort to attend the funeral.
Co
Bereavement leave is not c~k~ensable when the ~-~loyee is on leave of
absence, vacation, bona fide lay-off, or for days falling outside the
employee's re~,l~r work period.
Bereavement leave is not cbmrge~ble against sick leave. All request
for paid bereavement leave shall be subject to the approval of the
Personnel Officer.
A~T/C~R 7. PAY~.n ASD ~K W~.
Section 1. General.
~ployees in this unit shall be assigned to either an 8 hour or 24 hour shift.
The work ~.~k will consist of 40 or 56 hours respectively.
Work in excess of the u~-ployee's regular scheduled time will constitute over-
time, and if such time is approved, it shall be cu~k~ensated at one and one-half
(1½) times that ~.~loyee's regular rate of pay.
It is the City's intention not to utilize reserve firefighters to replace fuji-
time regular fire suppression personnel for regular overtime situations that
occur as a result of routine scheduling of vacations, sick leave, bereavement
leave, military leave, and ccmpensato~ time off. It is recognized by the
Association that the city may utilize whatever personnel is available to provide
necessary services in the event of an e~ergency.
For the purposes of cu%~uting overtime, hours of paid leaves of absences sb~l
be considered as hours worked.
-9-
Section 2. Dues Deduction.
Upon written request to the Personnel Department, ~loyees 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 3. Cu,~ensatory Time Off (CTO)
OuLpensatory time off, in lieu of overtime, shall be taken as 1½ hours off for
each overtime hour worked. The maximum accumulation of c~m=~nsatory time-off
shall be 72 hours for all 112 hour bi~;~_kly ~mployees. The maxim~ accusals-
t/on of cu~-~ensatory time-off shall be 40 hours for all 80-hour bi~.~kly
~mployccs in this unit. Requests for the use of cc~pensatory time-off shall be
valued the same as requests for vacation time-off.
Section 1. Hospital and Medical.
~{~,-~lth benefit preniums for each e~ployee shall be paid in full by the City.
Dependents of each ~-~loyee may also be covered by health benefit coverage, upon
proper application and acceptance. The cost of dependent coverage of the medi-
cal, add ~ental plan will be shared bet%~n the City and the ~ploycc. The City
shall pay one-half of the dependent M/~ ical premi~n cost through December 31,
1986. After ~ 31, 1986, the City sb~ll pay one-b~lf of the dependent
Medical pr~nium cost to a maxim~ of $93.56 each month, and one-b~lf of the
dependent Dental coverage during the life of this agr~-------ment. The ~Lployee's
share of the cost will be made through payroll deduction.
A representative of the Association sba!l participate in a joint insurance
c~m~ittee for the purpose of recu~,~nding an 'alternative to the existing inden-
nity insurance program. The goal for implemanting a now program is no later
than Jan,,~ry 1, 1987.
Section 2. Life Insurance.
The first day of the month following date of hire, an employee, upon proper
application and acceptance by the insurance cu~pany, shall be covered under a
group life insurance plan that is approximately equal to their ann,,~l sa3.ary or
a minimumof $10,000.
Section 3. Lon~ Term Disability ~ Insurance.
This ~%k~loyee benefit provides for the payment of a monthly inccme benefit
payment for those covered ~%~loyees toe~]ly disabled by injury or sickness.
The monthly benefit provided under this coverage will be 60% of the e~ployee's
monthly ~?nings to a maximun of $2,000 per month. The insurance carrier is
responsible for cal~,l~ting the exact benefit amount, based on each individual's
inccme status.
The insurance carrier for this coverage requires a thirty (30) day waiting
period frc~ 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
~-~loyee reaches age 65.
The City pays 100% of the premi~n.
An ~mployee may use sick leave and vacation to supplsment coverage under this
benefit up to, but not in excess of 100% of his regular rate of pay.
Section 1. Tuition Reimbursement.
~mployees in this unit shall be allowed to participate in the tuition reimbur-
s~ent program outlined in the Personnel Rules. The maximum amount of reimbur-
sement shall be $150 per fiscal year per e~ployee.
Section 2. Uniforms and ~q%li~x~ent.
The City will provide all uniforms that are required by the City in accordance
to the following:
An annual uniform allowance of $225 will be granted to all 112 hour bi-
~___.~ly ~ployees on or about July 31 of each year for the purchase and
replacement of the uniforms listed in iten E.
Any new 112 hour bi-weekly ~ployee that is hired following the
beginning of a fiscal y~r shall be granted a uniform allowance
prorated on the basis of the number of days re~aining in the fiscal
y_~__r. The amount of the allowance shall be calculated by multiplying
$225 times a factor created by dividing the number of days r~maining in
the fiscal year by 365. The amount calculated shall be paid to the new
~-~loyee following the ~-ployee's ccmpletion of the first fuji bi-
weekly pay period.
Safety clothing required in the performance of duties shall be provided
by the City. R~ployees shall be required to report for work in the
required uniform and shall w~ar the required safety clothing when per-
forming hazardous duties.
De
Stana~rds of maintenance of uniforms and equipment shall be determined
by the City. ~ployees will be required to maintain these standards.
E. Uniforms to be purchased through the unifom allowance includes:
1. · Shirts 6. Socks
2. Pants 7. Name plates
3. Patches 8. T-shirts
4. Coveralls 9. Belt
5. Jacket
Section 3. Probation.
All appointments shall be for a probatio~?y period of not less than one year.
During the probationary period, the ~,ployee 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.
If any ~,ployee is rejected during the probationary period frcm a position to
which he/she hm~ ~n promoted, the City shall make every reasoDahle effort to
retain the ~-~loyee in any vacant position in a public safety position for which
he/she is c~]ified. Such efforts may include acceptance of the ~t~loyee's
request for a voluntary demotion to a vacant position.
This provision shall not apply if the ~ployee is relem_?ed from probation due to
repeated or single acts of misconduct specified in Rule 14.2 of the city's
Personnel Rules.
O~ reccmmendation of two or more supervisors, a nonprobationary 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 ~m~t be
notified of the ~mployee's desire to appeal the special probation within ten
(10) calendar days of the e~ployee's having been placed on special probation.
Section 4. Safety.
The Association recognizes t_hat the city has an Accident Prevention Program and
its members agree to c~-~-~ly with its policies and with Federal and State laws
applicable to om-the-job .~_?ety. The city agrees to consult with the
Association regarding the impact on its members of City on-the-job safety poli-
cies and procedures.
Section 5. Actin~ Pay.
Am
Cu~ensation for working in an acting capacity in the ranks of Fire
Er~ineer or Fire Captain shall be paid at the next step in the
employee's current range or a minimum of five percent (5%) above the
enployee's current rate of ccmpensation.
The acting pay will cu~,~nce after the ~%~loyee barn worked one full
twenty-four (24) hour shift in an acting capacity, retroactive to the
beginning of the shift. Thereafter, acting pay will continue for every
consecutive hour worked in an acting capacity until the employee is
relieved of the acting status.
Any intervening hours worked in the e~ploy~-'s regular capacity, shall
create an add{tional full twenty-four (24) hour shift requirenent
before acting pay will ccmzence.
Example 1
- Firefighter A works one fu33 twenty-four (24) hour shift as an acting
Engineer.
- The next shift he/she is off duty.
-The next shift, Firefighter A works twelve hours as an acting
Engineer and is relieved frcm acting duty at 2000 hours.
- Firefighter A would be paid for thirty six hours at the acting pay
rate. ~
Exan~le 2
- Firefighter A works a full twenty-four (24) hour shift as an acting
Engineer.
- The next shift is his/her day off.
- The next shift Firefighter A works a full twenty-four (24) hour shift
in his/her re,,imf capacity.
- The next shift is his/her day off.
- The next shift, Firefighter A works eight hours as an acting Engineer
and is relieved at 1700 hours to finish his/her shift in his/her
re~,l~r capacity.
- Firefighter A would be paid for 24 hours at the acting pay rate.
B. Rwploy~s required to work in an out of class position shall meet one
of the following requir~mlants when a certification process for the
positions of Fire Engineer and Fire C~ptain have ~_~n esbahlished:
1. Be on an active prcmotionml list for the position to be worked; or
2. Have c~f~leted an established certification process for the
position to be worked and have a letter of ccmpetence, signed by
the Fire Chief, certifying the erployee to be cp~mlified to work in
the out of class position in the employ~'s personnel file.
Section 6. Meal and Rest Periods.
Meal periods and rest periods will be permitted insofar as they are practicable
and consistent with operational interests.
The Poway Firefighters' Association shall receive $8.00 per member, per pay-
period toward the cost of on-duty meals for its members.
Section 7. Travel E~0enses.
A. Prior approval of the depaz-h,~nt head and final approval of the City
Manager shall be required prior to reimbursement for travel expenses.
B. ~lwployees using their own vehicle on approved City business travel will
be re{mbursed at a rate of thirty cents (.30) per mile.
C. Employees on approved official business away frcm the City will be
reimbursed for actual and necessary expenses incurred.
D. In order to be reimbursed, ~mplc%-~s must include origin~l receipts for
all expenses with the reimbursement claim form.
Ee
Advances of travel expenses may be allowed at the sole discretion of
the City Manager.
Section 8. Transfers.
If an ~-~loyee assigned to a 112 hour bi-%~kly work schedule is transferred to
a position on an 80 hour bi-weekly schedule, the e~ployees sick leave and vaca-
tion leave accln,ml rates along with their respective balances shall be adjusted
proportionately to reflect the new schedule for an 80 hour bi-~.~kly employee.
If an ~-~-~loyee is transferred fr~n an 80 hour bi-weekly schedule to a 112 hour
bi-weekly schedule, the sick leave and vacation a~crual rate and balances shall
be similarly adjusted.
Section 9. Lay-off and Reemployment.
The City may abolish any position or ~%%uloyment and the employce may be laid-off
without disciplinary action and without the right of appeal.
Persons to be laid-off shall be given at least ten (10) calema~r days prior
notice, and they shall be maintained on a r~mployment list for a period of
twelve (12) months. The order of lay-off shall be based on prior performance
and seniority as determined by the City.
Section 10. Resignations.
An ~ployee wishing to resign in good standing sbmll file with the department
head a written resignation stating the effective date and reasons for resigna-
t/on at least two v.~ks prior to the effective date of resignation.
The City will pay an ~,~loyee for all hours worked within 72 hours after termin-
ation, ampi will ther~_~ter pay all accumulated reimbursable benefits as ~rly as
feasible.
An ~,~loyee who ham resigned with a good record will be given preferential con-
sideration for rehire if a position is available. Decision to rehire is at the
discretion of the City, and the ~plcs'~- will not re-es~mblish rights and/or
benefits lost at the time of resignation.
Section 11. Credit Union.
~ployees my elect to make credit union contributions through payroll
deductions.
A~Icr.~. 10. ~rievence Procedure.
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 ~wployee 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
~ke such actions and such methods as it chooses and render a written fir~l
and binding decision.
The City will provide retire~aent benefits through the Public ~ployccs
Retirement System. The City does not participate in the Social Security System.
The City will pay (7) percent of the e%k~loyees contribution into the Public
Employees Retirement System in addition to the normal employers contribution.
The seven (7) percent payment shall be made to PERS in the name of the ~]~loyee
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 ~ployee.
The City currently contracts with the Public ~mployees Retirement System to pro-
vide the following system features:
1. Two percent (2%) at age 55 formula
2. Average of three highest years ccrmpensation
3. 1959 Improved Survivor ' s Benefit.
The City sb~]l contract with the Public ~wployees' Retirement System to provide
the Third Level of the 1959 Survivor Benefit Option, at the ~rliest date
practicable.
All rights, privileges, and terms and conditions of ~ployment in full force and
effect under the previous M.O.U. and not in conflict herewith shall beccme a
part herein until mut,~al ly modified, or otherwise changed by the parties hereto.
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.
ART/~. 14. ~ Rules.
All other employee rights, privileges, and benefits
Personnel Rules of the City of poway.
are included in the
A c~py of this agreement will be initially distributed to all employees, given
to all D~w ~,~loyees hired into the unit and made available both at the Fire
Stations and with the department head.
SIGNATUP~
The undersigned, representing the City and the Association do hereby adept the
terms and conditions set forth herein, and r~ the City Council and mem-
bers of the Association approve same.
For the City:
For the Association:
Greg ~ill~ Finance Manager
~kris Hei~er
_in Kit~h ' / \ ~
Cathy Orchard
-16 -