Res 95-102RESOLUTION NO. 95- 102
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
A&4ENDING THE MEMOP~ANDUM OF UNDERSTANDING
BETWEEN THE CITY OF POWAY AND
THE POWAY FIREFIGHTERS' ASSOCIATION
REPRESENTING THE SAFETY EMPLOYEES
AND RESCINDING RESOLUTION NOS. 92-003 AND 93-169
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 understanding
regarding wages, hours and other terms and conditions of employment; and
WHEREAS, as a result of these meetings, a recommended amendment to the
memorandum of understanding has been jointly prepared; and
WHEREAS, the City Council of the City of Poway wishes to adopt the amended
said ~emorandum of understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HEREBY
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
That the Amendment to the Memorandum of Understanding between the City
of Poway and the Poway Firefighters' Association which has been affixed
to this resolution and marked Attachment "A" is hereby adopted and is to
be incorporated into the Memorandum of Understanding.
That all other provisions of the Memorandum of Understanding between the
City of Poway and the Poway Firefighters' Association, adopted by
Resolution No. 92-003 and amended by Resolution No. 93-169 remain in
full force and effect as contained in Attachment "B".
3. Resolutions No. 92-003 and No. 93-169 are hereby rescinded.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 12th day of September, 1995.
ATTEST:
Marjo~ie~K. Wahlsten, City Clerk
Resolution No. 95-102
Page 2
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 95-102 was duly
adopted by the City Council at a meeting of said City Council held on the 12th
day of September, 1995, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjorie~K. Wahlsten, City Clerk
City of Poway
Resolution No. 95-102
TENTATIVE AGREEMENTS
CITY OF POWAY
AND
POWAY FIREFIGHTERS ASSOCIATION
August 24, 1995
ATTACHMENT A
TENTATIVE AGREEMENTS
CITY OF POWAY
AND
POWAY FIREFIGHTERS ASSOCIATION
August 24, 1995
The following represents the agreements arrived at during the course of
negotiations between the City of Poway and the Poway Firefighters Association.
These agreements are subject to ratification by the members of the Safety
Employees and adoption by the City Council of the City of Poway.
The new or modified provisions are indicated by underlining.
1. Article 4, Duration of Agreement
Except as provided in Article 10, this entire agreement shall commence
at 12:00 a.m. on July 1. 1995, and terminate at 11:59 p.m. on June 30,
2001.
2. Article 5, Wages
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.
The salary schedule effective July 6, 1992 shall remain in effect
through June 30, 1996.
In exchanqe for aqreeinq to a six-year contract, the City will make a
one-time payment equivalent to 2 45% of salary for the job
classification, rounded to the nearest $10. This payment will be
included in the first full pay period followinq adoption of the
Resolution amendinq the Memorandum of Understandinq by the City Council.
Effective July 1, 1996, the salary schedule for all job classifications
within the MOU will be increased by 3.00%
Effective July ], 1997, the salary schedule for all job classifications
within the M0U will be increased by an additional 3.00%
Effective July 1, 1998, the salary schedule for all job classifications
within the MOU will be increased by an additional 3.5%.
Effective July 1, 1999, the salary schedule for all job classifications
within the MOU will be increased by an additional 3.5%.
Effective July 1, 2000, the City will survey the same 18 cities within
the County as surveyed in 1995 and will adjust salaries as of that date
to place fire employees in position number 6. If the salary for a job
classification is below position 6, the salary will be set at the mid-
point between position number 5 and position number 6. If employees
o
are at or above salary position number 6, no salary adjustments will be
made. The salary survey will be based qpon base maximum salary in each
Job classification and will be completed no later than September 1,
2000. The Cit.y and the Association will jointl.y review the survey and
the backuo documentation.
Article 6, Leaves, Section 3, Holidays.
Effective July 1. 1995, 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
Thanksqivinq Friday
Christmas Day
January 1
3rd Monday, February
Last Monday, May
July 4
1st Monday, September
November 11
4th Thursday, November
Friday after Thanksqivinq
December 25
Article 6, Leaves, Section 2, Sick Leave:
Beqinninq July 1. 1995, 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 fiscal year. Immediate family
shall be designated as mother, father, brother, sister, spouse, and
dependent children. Employees must notify supervisor in advance when
such leave is being taken and so note on the time card.
Article 7, Payroll and Work Week, Section 3, Compensatory Time Off (CTO}
The following language shall be added to Section 3, Compensatory Time
Off (CTO) to clarify the use and payout of compensatory time off.
"Requests for cash payment of accumulated compensatory time off
throuqhout the fiscal year, other than the mandatory reduction at the
end of the fiscal .year, shall be paid durinq the pay period in which
reouested."
Agreed to by:
City of Poway
Poway Firefighter's Association
Peggy A. Stewart'
lt;yee~A. Posey /
Mark A. Sanchez
Penny Rile~
Date: August 24, 1995
MEMORANDUM OF UNDERSTANDING
BETgEEN
THE CITY OF PONAY
AND
THE SAFETY EMPLOYEES
EFFECTIVE JULY 1, 1993
ATTACHMENT B
Safety Employees
Memorandum of Understanding
ARTICLE 1.
ARTICLE 2.
ARTICLE 3.
ARTICLE 4.
ARTICLE 5.
ARTICLE 6.
ARTICLE 7.
GENERAL
1.
2.
3.
A.
Table of Contents
Pace
Purpose ...................... !
Scope ....................... !
General Provisions ................ 1
City Employer/Employee Relations
Resolution ................. !
B. City Affirmative Action Resolution ..... 1
C. Construction ................ 1
D. City Rights ................. 2
· Unit Determination ............ 2
· Jurisdictional Disputes ......... 2
· Awards .................. 2
m Time Spent for Meet & Confer or
Grievances ................ 2
· Representatives Access to Work Site 2
· Employee Use of City Facilities ..... 2
m Availability of Data .......... 2-3
SEVER. ABILITY AND SAVINGS ................. 3
SYMPATHY ACTION ..................... 3
DUP~ATION OF AGREEMENT .................. 4
WAGES ......................... 4-6
LEAVES .......................... 6
1. Vacation .................... 6-7
2. Sick Leave ................... 7-8
3. Holidays ..................... 8
4. Bereavement Leave ................ 8-9
PAYROLL & WORK WEEK ................... g
2.
3.
4.
General ...................... 9
Dues Deduction .................. g
Compensatory Time Off (CTO) ............ 10
Call-Back Time .................. 10
ARTICLE 8.
ARTICLE 9.
ARTICLE 10.
ARTICLE 11.
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
ARTICLE 15.
BENEFITS ......................... 10
1. Hospital and Medical ............... 10
2. Eye Care ..................... 10
3. Life Insurance .................. 11
4. Long-Term Disability Income Insurance ....... 11
5. Flexible Benefits Program ............. 11
SERVICE & SPECIAL PAY .................. 11
1 Tuition & Reimbursement .............. 11
2 Uniforms & Equipment ............... 12
3 Probation ..................... 12
4 Safety ...................... 13
5 Acting Pay .................. 13-14
6 Meal & Rest Periods ................ 14
7 Travel Expenses .................. 14
8. Transfers ..................... 15
g. Layoff and Reemployment .............. 15
10. Resignations ................... 15
11. Credit Union ................... 15
12. Training and Seminars ............... 15
GRIEVANCE PROCEDURE ................... 16
RETIREMENT AND SOCIAL SECURITY .............. 16
MAINTENANCE OF BENEFITS ................. 16
JOB ACTIONS ....................... 16
PERSONNEL RULES ..................... 17
POSTING OF AGREEMENT ................... 17
~E~ORANDU~ OF UNDERSTANDING
This is a memorandum of understanding as provided for in the California
Government Code, Sections 3500 through 3510, which is also known as the Myers-
Millias-Brown Act. This memorandum is 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.
ARTICLE ~. General
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 5. 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 amendments.
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.
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D. City Riqhts.
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 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 political activities of City employees.
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.
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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
records that are:
(1)
Personnel, medical and similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy or
be contrary to City policy;
(2)
Working papers or memoranda which are not retained in the
ordinary course of business or any records where the public
interest served by not making the record available, clearly
outweighs the public interest served by disclosure of the
record.
(3) Records pertaining to pending litigations to which the City is a
party, or to claims or appeals which have not been settled.
(4)
Nothing herein shall be construed as requiring the City to do
research for an inquirer or to do programming or assemble data
in a manner other than usually done by the City.
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 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. 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.
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ARTICLE 4. Duratton of Aareement.
Except as provided in Article 10, this entire agreement shall commence at
12:00 a.m. on July 1, 1993, and terminate at 11:59 p.m. on June 30, 1995.
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.
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. The salary schedule
effective July 6, 1992 shall remain in effect through June 30, 1995.
EFFECTIVE OULY 6. 1992
SALARY
POSITION RANGE STEPS
Fire Captain 266.2 A B C D E
Biweekly (Hourly x 112) 1647.08 1731.31 1819.85 1912.92 2010.75
Hourly (112 hours) 14.706 15.458 16.249 17.080 17.953
Hourly {80 hours) 20.589 21.641 22.748 23.912 25.134
Approx. Monthly 3569 3751 3943 4145 4357
Fire Engineer 259.9 A B C D E
Biweekly (Hourly x 112) 1427.72 1500.73 1577.48 1658.15 1742.95
Hourly (112 hours) 12.747 13.399 14.085 14.805 15.562
Hourly (80 hours) 17.846 18.759 19.718 20.727 21.787
Approx. Monthly 3093 3252 3418 3593 3776
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POSITION
Fire Prevention
Inspector
SALARY
I~qNG~ STEPS
259.9
A B C O E
Biweekly (Hourly x 112) 1427.72 1500.73 1577.48 1658.15 1742.95
Hourly (112 hours) 12.747 13.399 14.085 14.805 15.562
Hourly (80 hours) 17.846 18.759 19.718 20.727 21.787
Approx. Monthly 3093 3093 3252 3418 3593 3776
Firefighter 249.3 A B C D
Biweekly (Hourly x 112) 1284.19 1349.87 1418.90 1491.46 1567.73
Hourly (112 hours) 11.466 12.052 12.669 13.317 13.998
Hourly (80 hours) 16.052 16.873 17.736 18.643 19.597
Approx. Monthly 2782 2925 3074 3231 3397
Fi
refighter
(Probationary) 229.3 A B C D E
Biweekly (Hourly x 112) 1051.51 1105.29 1161.81 1221.23 1283.68
Hourly (112 hours) 9.389 9.869 10.373 10.904 11.461
Hourly (80 hours 13.144 ]3.816 14.523 15.265 16.046
Approx. Monthly 2278 2395 2517 2646 2781
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.
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In addition, paramedics will receive a $450 recertification bonus on the first
pay period following the recertification examination process and an additional
$450 on the recertification anniversary each year thereafter until the next
recertification examination.
ARTICLE 6. Leaves.
Section 1. Vacation.
All employees who have served more than one year of continuous service shall
be entitled to vacation leave with pay except the following: Employees who
have served less than one continuous year in the service of the City.
Annual vacation leave shall be computed in accordance with the following
schedule:
Years of Continuous Emoloyment
Vacation Leave Credits
1 thru 5
112 hour biweekly employees
12 hours per month for a
total of 144 hrs. per year.
80 hour biweekly employees
8 hours per month for a
total of g6 hrs. per year.
Years of Continuous Employment
Vacation Leave Credits
After 5 112 hour biweekly employees 15 hours per month for a
total of 180 hrs. per year.
80 hours biweekly employees
10 hours per month for a
total of 120 hrs. per year.
After 10 112 hour biweekly employees 18 hours per month for a
total of 216 hrs. per year.
80 hour biweekly employees
12 hours per month for a
total of 144 hrs. per year.
After 15 112 hour biweekly employees 20 hours per month for a
total of 240 hrs. per year.
80 hour biweekly employees
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 eligi-
bility. When an employee's vacation leave accrual reaches the maximum level,
the employee will stop accruing additional vacation leave until such time as
the employee uses vacation leave below the maximum level. At that time, the
employee will begin accruing additional leave from that point forward.
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Employees with vacation leave above the maximum accrual level on July 1, lgg3
will continue to accrue leave until December 31, 1994. At the end of that
time period, the employee will not accrue additional leave as long as his or
her leave balance exceeds the maximum accrual amount.
Employees who have reached maximum accrual can request a review by the
Director of Safety Services in the event a vacation request is denied.
The times at which an employee may take their vacation shall be determined by
the department head with due regard for the wishes of the employee and
particular regard for the needs of the City.
In the event one or more holidays fall within a vacation leave period, the
normal holiday pay will be paid.
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 Z. Sick Leave.
Sick leave with pay may be granted to all probationary and regular employees
within the unit who are regularly employed in permanent full-time positions.
Sick leave shall be accrued for each month of employment in accordance with
the following schedule:
Sick Leave Credits
112 hour biweekly employees
80 hour biweekly 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
within 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, sister, spouse, and dependent children. Employees must notify
supervisor in advance when such leave is being taken and so note on the time
card.
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An employee may use sick leave to augment long-term disability benefit
payments 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 biweekly employees:
Ae
Upon normal retirement, employee will receive 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.
Be
Upon leaving the employ of the City for other than retirement,
employee will receive 50% of all sick leave hours accrued.
Calculations will be at the employee's rate of pay at the time of
termination and will not eceed $2,000.
Ce
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 biweekly employee is scheduled to work on a holiday
and is out on sick leave, the nomal holiday pay will be paid.
Section 3. Holidays.
The holidays for 112 hour biweekly 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 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.
Section 4. Bereavement Leave.
In the event of a death in the family, a 112 hour biweekly employee shall be
eligible for two twenty-four hour shifts (48 hours) off with pay to attend the
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funeral; an 80 hour biweekly employee shall be eligible for three 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, 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 layoff, or for days falling outside the
employee's regular work period.
De
Bereavement leave is not chargeable against sick leave. All
request for paid bereavement leave shall be subject to the approval
of the Personnel Officer.
ARTICLE 7. Payroll and Work Week.
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 (1-1/2) 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 provide 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 ~. 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.
-g-
Section 3. Comoensatorv Time Off (CTO)
Compensatory time off, in lieu of overtime, shall be taken as 1-1/2 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
accumulation of compensatory time off 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 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.
ARTICLE 8. Benefits.
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
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.
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.
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Section ~. Life ~nsurance.
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, Lonq 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 willbe 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.
Section 5. Flexible Benefits Proqram.
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 g. Service and 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 $400 per fiscal year.
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Section 2. Uniforms and Eau~oment.
The City will provide all uniforms that are required by the City in accordance
to the following:
Ae
Effective July 1, lggl, the City will provide 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 C, below.
Be
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.
Ce
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)
2. Pants (4)
3. Patches (4)
4. Sweatshirt (1)
5. Jacket w/liner (1)
6. Socks (6 pr.)
7. Name plates (1)
8. T-shirts (6)
g. Belt (1)
10. Ballcap (1)
D. Uniform replacements will be made on an as-needed basis as determined by
the Department Director or his designee.
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 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 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.
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Section 4. Safety.
The Association 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
policies and procedures.
Section 5, Actinq p~y.
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.
Example I
- Firefighter A works one full 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 from acting duty at 2000 hours.
- Firefighter A would be paid for thirty six hours at the acting pay
rate.
Example 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 regular capacity.
- The next shift is his/her day off.
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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
regular capacity.
Firefighter A would be paid for 24 hours at the acting pay rate.
Be
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
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.
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.
B. Employees using their own vehicle on approved City business travel will
be reimbursed at a rate of thirty cents {.30) per mile.
C. Employees on approved official business away from the City will be
reimbursed for actual and necessary expenses incurred.
D. In order to be reimbursed, employees must include original receipts for
all expenses with the reimbursement claim form.
E. Advances of travel expenses may be allowed at the sole discretion of the
City Manager.
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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 BO-hour biweekly schedule to
a 112-hour biweekly schedule, the sick leave and vacation accrual rate and
balances shall be similarly adjusted.
Section 9, ~ayoff 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 layoff shall be based on prior performance
and seniority as determined by the City.
Section 10. Resiqnations.
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
termination, and will thereafter pay all accumulated reimbursable benefits as
early as feasible.
An employee who has resigned with a good record will be given preferential
consideration for rehire if a position is available. Decision to rehire is at
the discretion of the City, and the employee will not re-establish rights
and/or benefits lost at the time of resignation.
Section 11. Credit Union.
Employees may elect to make credit union contributions through payroll
deductions.
Section 12. Traininq 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 paid for that time.
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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 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.
The City will pay nine {g) 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
provide the following system features:
1. Two percent (2%) at age 50 formula.
2. Average of three highest years compensation.
3. Third level of 1959 Survivors Benefit.
ARTICLE 12. Haintenance 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.
ARTICLE 13. Job Actions.
The Association agrees not to strike or otherwise engage in withholding
services or concerted action during the term of this agreement. Also, the
City agrees not to lock out the employees.
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ARTICLE Z4. Personnel Rule~.
All other employee rights, privileges, and benefits are included in the
Personnel Rules of the City of Poway.
ARTICLE 15. Posttna of Aqreement.
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 conditions set forth herein, and recommend the City Council and mem-
bers of the Association approve same.
For the City:
Pegg~ ~tewa~t, Director of
t~vices
Joyc<~. Posey, Per~e~nel Manager
Ma~k Sanchez~ Di~ctor of Saf~s~,w
Services ~.~
Peter Moote, tSenio~rManagementAnalyst
Dated: ~-Ix- ?7'
Dated: ~'-~. C~- ~h~
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