Res 90-193RESOLUTION NO. 90-193
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ADOPTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF POWAY AND
THE POWAY FIREFIGHTERS' ASSOCIATION AND
AMENDING THE FINANCIAL PLAN
FOR FISCAL YEAR 1990-1991
WHEREAS, representatives of 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 under-
standing regarding wages, hours and other terms and conditions of employment;
and
WHEREAS, as a result of these meetings, a recon~ended memorandum of under-
standing has been jointly prepared; and
WHEREAS, 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 1990-1991 Financial Plan
to provide for the changes in the Memorandum of Understanding with the Poway
Firefighters' Association.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
That the Memorandum of Understanding between the City of Poway and the
Poway Firefighters' Association, which has been affixed to this reso-
lution and marked Attachment A is hereby adopted.
e
That the Financial Plan for fiscal year 1990-1991 is hereby amended to
provide for changes in the compensation of city employees contained in
the Memorandum of Understanding with the Poway Firefighters' Associ-
ation.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 18th day of September, 1990.
~"~,- i n s~,~ ~ayo r
Don Higg
ATTEST:
Marjorie ~'. Wahlsten, City Clerk
Resolution No. 90-193
Page 2
STATE OF CALIFORNIA )
) $$o
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 90-193 was duly
adopted by the City Council at a meeting of said City Council held on the 18th
day of September, 1990, and that it was so adopted by the following vote:
AYES: EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: BRANNON
Marjorie ~(. Wahlsten, City Clerk
City of POway
Resolution No. 90-193
Page 3
#E#ORAHDUH OF UHDERSTAHDXNG
THE CITY OF POWAY
THE ~M~ETY ENPLOYEE$
Effective July 1, 1990
Resolution No. 90-193
Page 4
ARTICLE 1.
ARTICLE 2.
ARTICLE 3.
ARTICLE 4.
ARTICLE 5.
ARTICLE $.
Page
GENERAL
1. Purpose ...................... 1
2. Scope ....................... 1
3. General Provisions ............... 1
A. City Employer/Employee Relations
Resolution ................ 1
B. City Affirmative Action Resolution ..... 1
C. Construction ................ 1
D. City Rights ................. 2
Unit Determination .............. 2
Jurisdictional Disputes ............ 2
Awards .................... 2
Time Spent for Meet & Confer or
Grievances .................. 2
Representatives Access to Work Site ...... 2
Employee Use of City Facilities ........ 2
Availability of Data ............. 2
SEVERABILITY AND SAVINGS ................ 3
SYMPATHY ACTION ................... 3
DURATION OF AGREEMENT ................ 4
WAGES ......................... 4-9
LEAVES ......................... 9
1. Vacation ..................... 9-10
2. Sick Leave .................... 10-11
3. Holidays ..................... 12
4. Bereavement Leave ................. 12
ARTICLE 7.
ARTICLE 8.
ARTICLE 9.
ARTICLE 10.
ARTICLE 11.
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
ARTICLE 15.
Resolution No. 9(J-193
?age 5
PAYROLL & WORK WEEK ...................
1. General ......................
2. Dues Deduction ...................
3. Compensatory Time Off (CTO) ............
4. Call-Back Time ...................
BENEFITS ........................
1. Hospital and Medical ................
2. Eye Care .....................
3. Life Insurance ...................
4. Long Term Disability Income Insurance .......
5. Flexible Benefits Program .............
SERVICE & SPECIAL PAY ..................
2.
3.
4.
®
6.
7.
8.
9.
10.
11.
GRIEVANCE PROCEDURE ..............
RETIREMENT AND SOCIAL SECURITY ........
MAINTENANCE OF BENEFITS ............
JOB ACTIONS ..................
PERSONNEL RULES ................
POSTING OF AGREEMENT .............
Tuition & Reimbursement ..............
Uniforms & Equipment ................
Probation .....................
Safety .......................
Acting Pay .....................
Meal & Rest Periods ................
Travel Expenses .................
Transfers .....................
Lay-off & Reemployment .............
Resignations ....................
Credit Union ...................
13
13
13
13
13
14-15
14
14
14
14
15
15
15
15-16
16
16
16-17
17-18
18
18
18
18-19
19
19
19
19
2O
2O
2O
Resoluti~n ND. 90-193
Page 6
.MEMORANDUM OF UNOERSTANDX~
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 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.
This agreement shall become effective when ratified by the Association and
adopted by the City Council of the City of Poway.
ARTXCLE 1, Gentry1
Section 1. Purpose.
This agreement recognizes the Association as the majority representative of the
safety unit, which consists of Fire Captain, Fire Engineer, Fire Prevention
Inspector, Firefighter 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. City Affirmative Action Resolution.
The Association herein adopts by reference the City Affirmative Action
Plan in its present form. The City agrees to meet and consult with the
Association regarding the impact on its members of proposed amend-
ments.
C. 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 intent of the parties shall be considered, then
the trade or industry usage of the language shall be considered.
-1-
Resolution No. 90-133
Page 7
D. City Rights.
The rights of the City include, but are not limited to the exclusive
right to determine the mission of its constituent departments, com-
missions, con~nittees, 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 con-
tent of job classifications; take all necessary actions to carry out
its mission in emergencies; and excercise complete control and discre-
tion 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 privilege of
establishing units for meet and confer, but will maintain the
safety unit for the duration of this agreement.
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 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 politi-
cal activities of City employees.
Availability of Data. The City will make available to
employee 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-
ditions set forth herein and in the California Government
Code.
-2-
Resolution No. 90-193
Page 8
Such information shall be made available during regular
office hours in accordance with the City's rules and proce-
dures for making public records available and after payment
for reasonable costs, where applicable.
Information which shall be made available to employee organi-
zations includes regularly published data covering subjects
under discussion. Data collected on a promise to keep its
source confidential may 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 shall be construed to require
disclosure of records that are:
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 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.
ARTICLE ~, Severabllt~ and Savlng$,
If any portion of this agreement, or the application of such portion to any
person or circumstance, shall be invalidated by judical 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 the unit.
ARTICLE 3, $)m~atlty Actlon,
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.
-3-
Resolution No. 90-193
Page 9
ARTXCLE 4. Duratton of' Agre~men%,
Except as provided in Article 10, this entire agreement shall commence at
12:00 a.m. on July 1, 1990, and terminate at 11:59 p.m. on June 30, 1992.
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 $,
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.
EFFECTIVE ~UHE 25, 1990
POSITION SALARY STEPS
RANGE
A B C D E
Fire Captain:
266.2
Bi-Weekly (Hourly x 112) 1520.51 1598.27 1680.00 1765.92 1856.23
Hourly {112 hours) 13.576 14.270 15.000 15.767 16.573
Hourly {80 hours) 19.006 19.978 21.000 22.074 23.203
Approx. Monthly 3294 3463 3640 3826 4022
A B C D E
246.7
Fire Engineer:
Bi-Weekly (Hourly x 112) 1251.25 1315.24 1382.50 1453.20 1527.52
Hourly (112 hours) 11.172 11.743 12.344 12.975 13.639
Hourly (80 hours) 15.641 16.440 17.281 18.165 19.094
Approx. Monthly 2711 2850 2995 3149 3310
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Resolution No. 90-193
Page 10
POSITION SALARY STEPS
RANGE
A B C D E
246.7
Fire Prevention Inspector:
Bi-Weekly (Hourly x 112) 1251.25 1315.24 1382.50 1453.20 1527.52
Hourly (112 hours) 11.172 11.743 12.344 12.975 13.639
Hourly (80 hours) 15.641 16.440 17.281 18.165 19.094
Approx. Monthly 2711 2850 2995 3149 3310
A B C D E
235.4
Firefighter:
Bi-Weekly (Hourly x 112) 1117.62 1174.77 1234.85 1298.00 1364.38
Hourly {112 hours} 9.979 10.489 11.025 11.589 12.182
Hourly {80 hours) 13.970 14.685 15.436 16.225 17.055
Approx. Monthly 2422 2545 2676 2812 2956
A B C D E
215.4
Firefighter (Prob.)
Bi-Weekly (Hourly x 112) 915.12 961.92 1011.11 1062.82 1117.17
Hourly {112 hours) 8.171 8.589 9.028 9.489 9.975
Hourly {80 hours} 11.439 12.024 12.639 13.285 13.965
Approx. Monthly 1983 2084 2191 2303 2421
EFFECTIVE ~IANUARY 7, 1991
POSITION SALARY STEPS
RANGE
A B C D E
267.7
Fire Captain:
Bi-Weekly (Hourly x 112) 1543.48 1622.41 1705.38 1792.60 1884.27
Hourly {112 hours) 13.781 14.486 15.227 16.005 16.824
Hourly (80 hours) 19.293 20.280 21.317 22.407 23.553
Approx. Monthly 3344 3515 3695 3884 4083
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Resolution i~o. 90-i93
Fage 11
POSITION
Fire Engineer:
SALARY STEPS
RANGE
249.5
A B C D e
Bi-Weekly (Hourly x 112) 1286.76 1352.57 1421.74 1494.45 1570.87
Hourly {112 hours} 11.489 12.076 12.694 13.343 14.026
Hourly {80 hours} 16.085 16.907 17.772 18.681 19.636
Approx. Monthly 2788 2931 3080 3238 3404
A B C D E
249.5
Fire Prevention Inspector:
Bi-Weekly (Hourly x 112) 1286.76 1352.57 1421.74 1494.45 1570.87
Hourly {112 hours} 11.489 12.076 12.694 13.343 14.026
Hourly {80 hours) 16.085 16.907 17.772 18.681 19.636
Approx. Monthly 2788 2931 3080 3238 3404
A B C D E
238.5
Firefighter:
Bi-Weekly (Hourly x 112) 1152.79 1211.74 1273.71 1338.85 1407.32
Hourly (112 hours) 10.293 10.819 11.372 11.954 12.565
Hourly (80 hours) 14.410 15.147 15.921 16.736 17.591
Approx. Monthly 2498 2625 2760 2901 3049
A B C D E
218.5
Firefighter (Prob.):
Bi-Weekly (Hourly x 112) 943.92 992.19 1042.93 1096.27 1152.33
Hourly (112 hours) 8.428 8.859 9.312 9.788 10.289
Hourly (80 hours) 11.799 12.402 13.037 13.703 14.404
Approx. Monthly 2045 2150 2260 2375 2497
-6-
POSITION SALARY
RANGE
Fire Captain:
269.2
Bi-Weekly (Hourly x 112)
Hourly (112 hours)
Hourly (80 hours)
Approx. Monthly
251.9
Fire Engineer:
Bi-Weekly (Hourly x 112)
Hourly (112 hours)
Hourly (80 hours)
Approx. Monthly
251.9
Fire Prevention Inspector:
Bi-Weekly (Hourly x 112)
Hourly (112 Hours)
Hourly (80 Hours)
Approx. Monthly
241.0
Firefighter:
Bi-Weekly (Hourly x 112)
Hourly (112 hours)
Hourly (80 hours)
Approx. Monthly
EFFECTIVE ~UNE 24, 1991
Resolution No. 90-193
Page 12
STEPS
A B C D E
1566.79 1646.92 1731.14 1819.67 1912.73
13.989 14.705 15.457 16.247 17.078
19.585 20.586 21.639 22.746 23.909
3395 3568 3751 3943 4144
A B C D E
1318.00 1385.41 1456.25 1530.73 1609.01
11.768 12.370 13.002 13.667 14.366
16.475 17.318 18.203 19.134 20.113
2856 3002 3155 3317 3486
A B C D E
1318.00 1385.41 1456.25 1530.73 1609.01
11.768 12.370 13.002 13.667 . 14.366
16.475 17.318 18.203 19.134 20.113
2856 3002 3155 3317 3486
A B C D E
1181.96 1242.40 1305.94 1372.73 1442.93
10.553 11.093 11.660 12.256 12.883
14.774 15.530 16.324 17.159 18.037
2561 2692 2830 2974 3126
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Resolution N~. 9D-193
Page 13
POSITION SALARY STEPS
RANGE
A B C D E
221.0
Firefighter (Prob.)
Bi-Weekly (Hourly x 112) 967.80 1017.29 1069.32 1124.00 1181.49
Hourly (112 hours) 8.641 9.083 9.547 10.036 10.549
Hourly {80 hours) 12.098 12.716 13.366 14.050 14.769
Approx. Monthly 2097 2204 2317 2435 2560
EFFECTIVE ~IAHUARY 6, 199~'
POSITION SALARY STEPS
RANGE
A B C D E
Fire Captain:
269.2
Bi-Weekly (Hourly x 112) 1566.79 1646.92 1731.14 1819.67 1912.73
Hourly {112 Hours) 13.989 14.705 15.457 16.247 17.078
Hourly (80 Hours} 19.585 20.586 21.639 22.746 23.909
Approx. Monthly 3395 3568 3751 3943 4144
A B C D E
254.9
Fire Engineer:
Bi-Weekly {Hourly x 112) 1358.12 1427.58 1500.58 1577.32 1657.99
Hourly {112 Hours) 12.126 12.746 13.398 14.083 14.803
Hourly (80 Hours) 16.977 17.845 18.757 19.717 20.725
Approx. Monthly 2943 3093 3251 3418 3592
A B C D E
254.9
Fire Prevention Inspector:
Bi-Weekly (Hourly x 112) 1358.12 1427.58 1500.58 1577.32 1657.99
Hourly {112 Hours) 12.126 12.746 13.398 14.083 14.803
Hourly {80 Hours) 16.977 17.845 18.757 19.717 20.725
Approx. Monthly 2943 3093 3251 3418 3592
-8-
Resolution No. 30-193
Page 14
POSITION SALARY STEPS
RANGE
A B C
Firefighter:
244.3
D E
Bi-Weekly (Hourly x 112) 1221.59 1284.06 1349.73 1418.76 1491.31
Hourly {112 Hours) 10.907 11.465 12.051 12.667 13.315
Hourly {80 Hours) 15.270 16.051 16.872 17.734 18.641
Approx. Monthly 2647 2782 2924 3074 3231
A B C D E
224.3
Firefighter (Prob.):
Bi-Weekly (Hourly x 112) 1000.26 1051.41 1105.18 1161.70 1221.11
Hourly (112 Hours) 8.931 9.388 9.868 10.372 10.903
Hourly {80 Hours) 12.503 13.143 13.815 14.521 15.264
Approx. Monthly 2167 2278 2395 2517 2646
When utilized as fire suppression personnel, the Fire Prevention Inspector
will be paid at the regular rate of pay for his/her current classification;
however, such pay shall be converted to be equivalent to other 112 hour bi-
weekly employees.
Upon certification and for as long as they remain certified, employees
filling the assignment as Paramedic shall receive the payment of a biweekly
supplementary wage adjustment equal to the difference between "E" step Engineer
and "E" step Firefighter.
In addition, paramedics will receive a $450 recertification bonus on the
first pay period following the recertification examination process and an addi-
tional $450 on the recertification anniversary each year thereafter until the
next recertification examination.
ARTICLE $, 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 of the City.
Annual vacation leave shall be computed in accordance with the following
schedule:
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Resolution No. 90-193
Page 15
Years of Continuous Employment
i thru 5 112 hour bi-weekly employees
80 hour bi-weekly employees
Years of Continuous Employment
After 5 112 hour bi-weekly employees
80 hours bi-weekly employees
After 10
112 hour bi-weekly employees
After 15
80 hour bi-weekly employees
112 hour bi-weekly employees
80 hour bi-weekly employees
Vacation Leave Credits
12 hours per month for a
total of 144 hrs. per
year.
8 hours per month for a
total of 96 hrs. per year.
Vacation Leave Credits
15 hours per month for a
total of 180 hrs. per
year.
10 hours per month for a
total of 120 hrs. per
year.
18 hours per month for a
total of 216 hrs. per
year.
12 hours per month for a
total of 144 hrs. per year
20 hours per month for a
total of 240 hrs. per
year.
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 employee may take their vacation shall be determined
by the department head with due regard for the wishes of the employee 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.
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.
-10-
Resolution N.). 90-193
Page 16
Sick leave shall be accrued for each month of employment in accordance with the
following schedule:
Sick Leave Credits
112 hour bi-weekly employees
80 hour bi-weekly employees
12 hours per month
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 notify his/her immediate 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 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 four (4) twenty-four hour shifts (96 hours) in each
calendar year. Immediate family shall be designated as mother, father, brother,
slster, spouse, and dependent children. Employees must notify supervisor in
advance when such leave is being taken and so note on the time card.
An employee may use sick leave to augment long-term disability benefit pay-
ments up to, but not in excess of 100% of his regular rate of pay.
Upon anniversary of ten (10) years of continuous employment with the City,
an employee in this unit shall be eligible to receive compensation for unused
sick leave in accordance with the following schedule:
112 hour and 80 hour bi-weekly employees:
Upon normal retirement, employee will recetve 50% of all sick
leave hours accrued. Calculations will be at the employee's rate
of pay at the time of retirement and will not exceed $4,000.
Upon leaving the employ of the City for other than retirement,
employee will receive 50% of all sick leave hours accrued. Cal-
culations will be at the employee's rate of pay at the time of
termination and will not eceed $2,000.
Upon the death of an employee, compensation for unused sick leave
shall be at the same rate as the termination benefit. Payment
shall be made to the employee's designated beneficiary.
In the event a 112 hour bi-weekly 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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Resolution No. 90-193
Page 17
Section 3. Holidays.
The holidays for 112 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 1
3rd Monday, February
Last Monday, May
July 4
1st Monday, September
November 11
4th Thursday, November
December 25
The 80 hour bi-weekly 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 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 112 hour bi-weekly employee shall be
eligible for two twenty-four hour shifts (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 provisions:
Ao
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.
Ce
Bereavement leave is not compensable when the employee is on leave of
absence, bona fide lay-off, or for days falling outside the employee's
regular work period.
Bereavement leave is not chargeable against sick leave. All request
for paid bereavement leave shall be subject to the approval of the
Personnel Officer.
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Resolutio'r~ No. 90-19:3
Page 18
ARTZCLE 7. PAYROLL ANO WORK W~EK,
Section 1. General.
Employees in this unit shall be assigned to either an 8-hour or 24-hour shift.
The work week will consist of 40 or 56 hours respectively.
The City will make every effort to have regular paychecks available to the unit
on the Thursday afternoon following the close of the pay period.
Work in excess of the employee's regular scheduled time will constitute over-
time, and if such time is approved, it shall be compensated at one and one-half
{1½) times that employee's regular rate of pay.
It is the City's intention not to utilize reserve firefighters to replace full-
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 compensatory time off. It is recognized by the
Association that the City may utilize whatever personnel are available to pro-
vide necessary services in the event of an emergency.
For the purposes of computing overtime, hours of paid leaves of absences shall
be considered as hours worked.
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. Checks
will be made payable to the Poway Firefighters Association, only.
Section 3. Compensatory Time Off (CTO)
Compensatory time off, in lieu of overtime, shall be taken as 1½ hours off for
each overtime hour worked. The maximum accumulation of compensatory time off
shall be 72 hours for all 112-hour biweekly employees. The maximum accumula-
tion of compensatory time off shall be 40 hours for all 80-hour biweekly
employees in this unit. Requests for the use of compensatory time off shall be
valued the same as requests for vacation time off.
Section 4. 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.
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Resolution ND. 90-1~3
Page 19
AI~TICLE B, BEHEFIT$,
The City shall provide the following benefits to each employee in the Associa-
tion. Newly granted or modified benefits will be implemented as soon as
practicable in accordance with the requirements of the independent benefit
provider.
Section 1. Hospital 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 medi-
cal 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 em-
ployee's share of the cost will be made through payroll deduction.
Section 2. Eye 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 {$10,000 minimum).
Section 4. Long Term Disability Income Insurance.
This employee benefit provides for the payment of a monthly income benefit
payment for those covered employees totally disabled by injury or sickness.
The monthly benefit provided under this coverage will be 66-2/3% of the
employee's monthly earnings to a maximum of $3,000 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 thirty (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 in excess of 100% of his regular rate of pay.
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Resolution No. 90-i93
Page 20
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 and nursery
school, and other viable options.
The Program will be maintained in accordance with applicable IRS statutes in
order to provide employees the greatest possible tax benefit.
ARTICLE 9, SERVICE AND SPECZAL 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 $375 for fiscal year 1990-1991, and $400 for each fiscal
year thereafter.
Section 2. Uniforms and Equipment.
The City will provide all uniforms that are required by the City in accordance
to the following:
Am
An annual uniform allowance of $225 will be granted to all 112 hour bi-
weekly employees on or about July 31, 1990 for the purchase and
replacement of the uniforms listed in item E.
Any new 112 hour bi-weekly employee that is hired following the
beginning of fiscal year 1990-1991 shall be granted a uniform allowance
prorated on the basis of the number of days remaining in the fiscal
year. The amount of the allowance shall be calculated by multiplying
$225 times a factor created by dividing the number of days remaining in
the fiscal year by 365. The amount calculated shall be paid to the new
employee following the employee's completion of the first full bi-
weekly pay period.
Co
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 per-
forming hazardous duties.
D. Standards of maintenance of uniforms and equipment shall be determined
by the City. Employees will be required to maintain these standards.
E. Uniforms to be purchased through the uniform allowance includes:
1. Shirts 4. Coveralls 7. Name plates
2. Pants 5. Jacket 8. T-shirts
3. Patches 6. Socks 9. Belt
Fw
Shirts, pants, and jackets which are damaged during the course of duty
may be repaired or replaced with the approval of the General Services
Manager.
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Resolution No. 90-193
Page 21
Effective July 1, 1991, the City will provide three sets of uniforms in lieu of
granting an annual uniform allowance. 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 E, above.
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.
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.
On recommendation of two or more supervisors, a nonprobatlonary 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) calendar days of the employee's having been placed on special probation.
Section 4. Safety.
The Assoclation recognizes that the City has an Accident Prevention Program and
its members agree to comply with its policies and with Federal and State laws
applicable to on-the-job safety. 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. Actin9 Pay.
Compensation for working in an acting capacity in the ranks of Fire
Engineer 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
employee's current rate of compensation.
The acting pay will commence after the employee has 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 employee's regular capacity, shall
create an additional full twenty-four (24) hour shift requirement
before acting pay will commence.
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Re~olution N~. 90-193
Page 22
Example 1
- Fireftghter A works one full twenty-four (24) hour shift as an acting
Engineer.
- The next shift he/she is off duty.
- The next shift, Fir,fighter A works twelve hours as an acting
Engineer and is relieved from acting duty at 2000 hours.
Fir,fighter A would be paid for thirty six hours at the acting pay
rate.
Example 2
- Fir,fighter 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 regular capacity.
- The next shift is his/her day off.
- The next shift, Fir,fighter A works eight hours as an acting Engineer
and is relieved at 1700 hours to finish his/her shift in his/her
regular capacity.
- Firefighter A would be paid for 24 hours at the acting pay rate.
Employees required to work in an out of class position shall meet one
of the following requirements when a certification process for the
positions of Fire Engineer and Fire Captain have been established:
1. Be on an active promotional list for the position to be worked; or
2. Have completed an established certification process for the
position to be worked and have a letter of competence, signed by
the Fire Chief, certifying the employee to be qualified to work in
the out of class position in the employee'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.
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Resolution No. ~0-193
Page 23
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.
Section 7. Travel Expenses.
A. Prior approval of the department head and final approval of the City
Manager shall be required prior to reimbursement for travel expenses.
Employees using their own vehicle on approved City business travel will
be reimbursed at a rate of thirty cents {.30} per mile.
Ce
Employees on approved official business away from the City will be
reimbursed for actual and necessary expenses incurred.
De
In order to be reimbursed, employees must include original receipts for
all expenses with the reimbursement claim form.
Advances of travel expenses may be allowed at the sole discretion of
the City Manager.
Section 8. Transfers.
If an employee assigned to a 112 hour biweekly work schedule is transferred to
a position on an 80 hour biweekly schedule, the employees sick leave and vaca-
tion 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 9. Lay-off and Reemployment.
The City may abolish any position or employment and the employee 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) calendar days prior
notice, and they shall be maintained on a reemployment 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 employee wishing to resign in good standing shall file with the department
head a written resignation stating the effective date and reasons for resigna-
tion 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 termin-
ation, and will thereafter pay all accumulated reimbursable benefits as early as
feasible.
-18-
Resolu~ion No. 90-193
Page 2~
An employee who has 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 employee will not re-establish rights and/or
benefits lost at the time of resignation.
Section 11. Credit Unlon.
Employees may elect to make credit union contributions through payroll
deductions.
ARTICLE 10, Grievance 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 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.
ARTICLE 11, Retirement end Social Security,
The City will provlde retirement benefits through the Public Employees
Retirement System. The City does not participate in the Social Security System.
The City will pay nine (9) percent of the employees contribution into the Public
Employees Retirement System in addition to the normal employers contribution.
The nine (9) 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 currently contracts with the Public Employees Retirement System to pro-
vide the following system features:
1. Two percent (2%) at age 50 formula
2. Average of three highest years compensation
3. 1959 Improved Survivor's Benefit.
ARTZCLE lZ, l~lnten~nce 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.
-19-
Resolution N,). §~S-193
Page 25
~TICLE 13, Job Actlon$,
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.
ARTtCLE 14, Personflel Rules,
All other employee rights, privileges, and benefits are included in the
Personnel Rules of the City of Poway.
ARTICLE 15, Posting of Agre~nt,
A copy of this agreement will be initially distributed to all employees, given
to all new employees hired into the unit and made available both at the Fire
Stations and with the department head.
SIGNATURES
The undersigned, representing the City and the Association do hereby adopt the
terms and conditlons set forth herein, and recommend the City Council and mem-
bers of the Association approve same.
For the City:
Ja~ l~. Bowersox,-City Manager
Joyc~ ]~(./PoseY; Personnel )lanager
Peter A. t Analyst
Charlotte Collins
Data Processing Coordinator
For the Association:
Cathleen Orchard
e~e Harri son
Kev~n Kitch
D~ne Cawthon
Dated: October 15, 1990
Dated: October 15, 1990
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