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Res 00-072RESOLUTION NO. 00- 072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AMENDING AND EXTENDINGTHE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE POWAY FIREFIGHTERS' ASSOCIATION REPRESENTING THE SAFETY EMPLOYEES AND RESCINDING RESOLUTION NO. 95-102 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 memorandum of understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1. That the Memorandum of Understanding between the City of Poway and the Poway Firefighters' Association which has been affixed to this resolution and marked Exhibit "A" is hereby adopted. Section 2. Resolution No. 95-102 is hereby rescinded. I PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting thereof this 18th day of July 2000. ATTEST: Peoples, City Cl~rk ' Vlayor n:\city\admnserv\director\personel\ffamou.res Resolution No. 00-072 Page 2 STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO ) I Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 00-072 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of July 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ~r~Anne ~eoples, cit~ ~ler~ Cibj of Poway EXHIBIT "A" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE SAFETY EMPLOYEES Effective July 1,2000 ARTICLE 1. ARTICLE 2. ARTICLE 3. ARTICLE 4. ARTICLE 5. ARTICLE 6. Safety Employees Memorandum of Understanding Table of Contents GENERAL 1. 2. 3. Page Purpose ............................................ 1 Scope ............................................. 1 General Provisions ................................... 1 A. City EmployedEmployee Relations Resolution ..................................... 1 B. City Affirmative Action Resolution ...................1 C. Construction .................................... 2 D. City Rights ..................................... 2 E. City Procedures ................................. 2 · Unit Determination ............................. 2 · Jurisdictional Disputes .......................... 2 · Awards ...................................... 2 · Time Spent for Meet & Confer and Grievances ................................... 2 · Access to Work Location ........................ 2 · Use of City Facilities ............................ 3 · Availability of Data ............................. 3 F. Prohibition of Tobacco Use ........................ 3 SEVERABILITY AND SAVINGS ............................. 4 SYMPATHY ACTION ..................................... 4 DURATION OF AGREEMENT .............................. 4 WAGES .............................................. 4-12 LEAVES 1. Vacation .......................................... 13 A. Computing Annual Vacation Leave ............... 13-14 ARTICLE 7. ARTICLE 8. ARTICLE 9. B. Vacation Leave Accrual ......................... 14 C. Use of Vacation Time ......................... 14-15 D. Vacation Conversion ............................ 15 Sick Leave ........................................ 15 A. Sick Leave Accrual ........................... 15-16 B. Notification ................................... 16 C. Family Sick Leave .............................. 16 D. Payout of Sick Leave ......................... 16-17 3. Holidays .......................................... 17 4. Bereavement Leave ............................... 17-18 PAYROLL & WORK WEEK 1. General ........................................... 18 2. Dues Deduction ..................................... 19 3. Compensatory Time Off (CTO) ......................... 19 4. Call-Back Time ..................................... 19 BENEFITS 1. Hospital and Medical ................................. 20 2. Eye Care .......................................... 20 3. Life Insurance ...................................... 20 4. Long-Term Disability Income Insurance ................ 20-21 5. Flexible Benefits Program ............................. 21 6. Deferred Compensation .............................. 21 SERVICE & SPECIAL PAY 1. Tuition & Reimbursement ............................. 21 2. Uniforms & Equipment ............................. 21-22 3. Probation .......................................... 22 4. Safety ............................................ 23 5. Acting Pay ......................................... 23 6. Meal & Rest Periods ................................. 23 ARTICLE 10. ARTICLE 11. ARTICLE 12. ARTICLE 13. ARTICLE 14. ARTICLE 15. 9. 10. 11. 12. Travel Expenses .................................... 24 Transfers .......................................... 24 Layoff and Reemployment ............................ 24 Resignations ..................................... 24-25 Credit Union ....................................... 25 Training and Seminars ............................... 25 GRIEVANCE PROCEDURE .............................. 25 RETIREMENT AND SOCIAL SECURITY .................. 25-26 MAINTENANCE OF BENEFITS ........................... 26 JOB ACTIONS ......................................... 26 PERSONNEL RULES ................................... 26 POSTING OF AGREEMENT .............................. 27 iii MEMORANDUM OF UNDERSTANDING This is a memorandum of understanding as provided for in the California Government Code, Sections 3500 through 3510, which is also known as the Myers-Millias-Brown Act. This memorandum is 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 1. General Section 1. Purpose. This Agreement recognizes the Association as the majority representative of the safety unit, which consists of Fire Captain, Fire Engineer, Fire Prevention Inspector, Firefighter and Firefighter/Paramedic, and represents the unit for matters within the scope of meet and confer. Section 2. Scooe. 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 Emoloyer-EmDIoyee 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. 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, commissions, committees, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The Association recognizes and hereby adopts by reference the following: E. 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. Access to Work Location. Representatives of employee organizations may be allowed reasonable access to work location only after they have obtained permission of the City Manager. Use of City Facilities. Employee organizations may, with prior approval of the City Manager, be grented 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. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment for reasonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this procedure shall be construed to require disclosure of the following: 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, cleady 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. 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. F. Prohibition of Tobacco Use. The City agrees to require new hires with an original appointment date after July 1, 2000, to not use tobacco products, and will require continued nonuse as a condition of their employment. ARTICLE 2. Severability and Savinqs. If any portion~ of this Agreement, or the application of such portion to any person or circumstance, shall be invalidated by judicial or legislative action, the remainder of this Agreement, or the application of such portion to persons or cimumstances other than those as to which it is invalidated shall not be affected thereby, and shall remain in full fome 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. ARTICLE 4. Duration of Agreement. Except as provided in Article 10, this entire Agreement shall commence at 12:00 a.m. on July 1, 2000, and terminate at 11:59 p.m. on June 30, 2008. 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 the first full pay period in July 2000 shall remain in effect through July 2002. Effective first full payperiod in July 2000 Biweekly (hourly x 112) 1956.08 2056.10 2161.26 2271.70 2387.95 Hourly (112 hours) 17.465 18.358 19.297 20.283 21.321 Hourly (80 hours) 24.451 25.701 27.016 28.396 29.84S Approx. Monthly 4238 4455 4683 4922 5174 Fire E~gi~ I 259 9 D E Biweekly (hourly x 112) 1654.91 1739.70 1828.62 1922.26 2020.48 Hourly (112 hours) 14.776 15.533 16.327 17.163 18.040 Hourly (80 hours) 20,686 21.746 22.858 24.028 25.256 Approx. Monthly 3586 3769 3962 4165 4378 Fire Preveh~i~ ] Biweekly (hourly x 112) 1654.91 1739.70 1828.62 1922.26 2020.48 iHourly (112 hours) 14.776 15.533 16.327 17.163 18.040 Hourly (80 hours) 20.686 21.746 22.858 24.028 25.256 ~pprox. Monthly 3586 3769 3962 4165 4378 Biweekly (hourly x 112) 1488.70 1564.75 1644.83 1728.94 1817.31 Hourly (112 houm) 13.292 13.971 14.686 15.437 16.226 Hourly (80 houm) 18.609 19.559 20.560 21.612 22.71~ Approx. Monthly 3226 3390 3564 3746 393~ Fireflghter [ Probit, A B D E Biweekly (hourly x 112) 1219.01 1281.17 1346.80 1415.68 1488.03 Hourly (112 houm) 10.884, 11.439 12.025 12.640 13.286 Hourly (80 houm) 15.238 16.015 16.835 17.696 18.600 Approx. Monthly 2641 2776 2918 3067 3224 Effective first full payperiod in July 2001 Fire Captai~ 2742 ~ A B C D E Biweekly (hourly x 112) 1956.08 2056.10 2161.26 2271.70 2387.95 Hourly (112 hours) 17.465 18.358 19.297 20.283 21.321 Hourly (80 hours) 24.451 25.701 27.016 28.396 29.849 ~,pprox. Monthly 4238 4455 4683 4922 5174 Biweekly (hourly x 112) 1654.91 1739.70 1828.62 1922.26 2020.48 Hourly (112 hours) 14.776 15.533 16.327 17.163 18.04C Hourly (80 hours) 20.686 21.746 22.858 24.028 25.256 Approx. Monthly 3586 3769 3962 4165 4378 I~spectot ~ :259g B C D E Biweekly (hourly x 112) 1654.91 1739.70 1828.62 1922.26 2020.48 Hourly (112 hours) 14.776 15.533 16.327 17.163 18.040 Hourly (80 hours) 20.686 21.746 22.858 24.028 25.256 Approx. Monthly 3586 3769 3962 4165 4378 i 2~93 B I C D E Biweekly (hourly x 112) 1488.70 1564.75 1644.83 1728.94 1817.31 Hourly (112 hours) 13.292 13.971 14.686 15.437 16.226 Hourly (80 hours) 18.609 19.559 20.560 21.612 22.716 Approx. Monthly 3226 3390 3564 3746 3938 Eirefig~ter [ Biweekly (hourly x 112) 1219.01 1281.17 1346,80 1415.68 1488.03 Hourly (112 hours) 10.884 11.439 12.025 12.640 13.286 Hourly (80 hours) 15.238 16.015 16.835 17.696 18.600' Approx. Monthly 2641 2776 2918 3067 3224 Effective first full payperiod in July 2002 Fire ~aP~i~ C ; : D E Biweekly (hourly x 112) 2004.98 2107.50 2215.30 2328.49 2447.65 Hourly (112 hours) 17.902 18.817, 19.779 20.790 21.854 Hourly (80 hours) 25.062 26.344 27.691 29.106 30.596 ~,pprox. Monthly 4344 4566 4800 5045 5303 ~ire E~gi~ee~ 259;9 ABC D E Biweekly (hourly x 112) 1696.28 1783.19 1874.34 1970.31 2070.99 Hourly (112 hours) 15.145 15.921 16.735 17.592 18.491 Hourly (80 hours) 21.204 22.290 23.429 24.629 25.887 Approx. Monthly 3675 3864 4061 4269 4487 Fire pre~ntio~ A ~B = ~ D E Biweekly (hourly x 112) 1696.28 1783.19 1874.34 1970.31 2070.99 Hourly (112 hours) 15.145 15.921 16.735 17.592 18.491 Hourly (80 hours) 21.204 22.290 23.429 24.629 25.887 Approx. Monthly 3675 3864 4061 4269 4487 i~irefigh~ ~49;3 A B I C D E E~iweekly (hourly x 112) 1525.92 1603.87 1685.95 1772.17 1862.74 Hourly (112 hours) 13.624 14.320 15.053 15.823 16.632 Hourly (80 hours) 19.074 20.048 21.074 22.152 23.284 ~,pprox. Monthly 3306 3475 3653 3840 4036 Firefig~teF; I Pr0batona~ 1;; ;2293: ; B ; :: C :; D ::: E Biweekly (hourly x 112) 1249.48 1313.20 1380.47 1451.07 1525.22 Hourly (112 hours) 11.156 11.725 12.326 12.956 13.618 Hourly (80 hours) 15.619 16.415 17.256 18.138 19.065 Approx. Monthly 2707 2845 2991 3144 3305 Effective first full payperiod in July 2003 STEPS i Fire ~i~ ~: 274:2 A C D E Biweekly (hourly x 112) 2055.11, 2160.19 2270.68 2386.70 2508.84 Hourly (112 hours) 18.349 19.287 20.274 21.310 22.400 Hourly (80 hours) 25.689 27.002 28.383 29.834 31.361 ~,pprox. Monthly 4453 4680 4920 5171 5436 I EimEnglneeF I 259;9: :A ;B : , D; ] ; S Biweekly (hourly x 112) 1738.69 1827.77 1921.20 2019.57 2122.77 Hourly (112 hours) 15.524 16.319 17.154 18.032 18.953 Hourly (80 hours) 21.734 22.847 24.015 25.245 26.535 Approx. Monthly 3767 3960 4163 4376 459g Eire prevention I~Cto~ ;; C; E Biweekly (hourly x 112) 1738.69 1827.77 1921.20 2019.57 2122.77 Hourly (112 hours) 15.524 16.319 17.154 18.032 18.953 Hourly (80 hours) 21.734 22.847 24.015 25.245 26.535 Appmx. Monthly 3767 3960 4163 4376 4599 Firefighter; ;;D : ;: E Biweekly (hourly x 112) 1564.07 1643.97 1728,10 1816.47 1909.31 Hourly (112 hours) 13.965 14.678 15.429 16.218 17.047 Hourly (80 hours) 19.551 20,550 21,601 22.706 23.866 Approx. Monthly 3389 3562 3744 3936 4137 prob~tiona~ I ;2293 A C ; D ; :E Biweekly (hourly x 112) 1280.72 1346.03 1414.98 1487.35 1563.36 Hourly (112 hours) 11.435 12.018 12.634 13.280 13.959 Hourly (80 hours) 16.009 16.825 17.687 18.592 19.542 Approx, Monthly 2775 2916 3066 3223 3387 Effective first full payperiod in July 2004 Fire Captain 274.2 B D E Biweekly (hourly x 112) 2106.48 2214.19 2327.44 2446.37 2571.56 Hourly (112 hours) 18,808 19,770 20.781 21.843 22.960 Hourly (80 hours) 26,331 27.677 29.093 30.580 32.145 ~,ppmx. Monthly 4564 4797 5043 5300 5572 Fire E"gi~e~I E Biweekly (hourly x 112) 1782.16 1873.46 1969.23 2070.06 2175.84 Hourly {112 hours) 15.912 16.727 17.582 18.483 19.427 Hourly (80 hours) 22.277 23.418 24.615 25.876 27.19~ Approx. Monthly 3861 4059 4267 4485 4714 Fire prevehfionI I~Sp~ I 259g, , , ,,, , , C Biweekly (hourly x 112) 1782.16 1873.46 1969.23 2070.06 2175.84 Hourly (112 hours) 15.912 16.727 17.582 18.483 19.42/ !Hourly (80 hours) 22.277 23.418 24.615 25.876 27.198 ~,pprox. Monthly 3861 4059' 4267 4485 4714 ; o S Biweekly (hourly x 112) 1603.17 1685.07 1771.30 1861.88 1957.05 Hourly (112 hours) 14.314 15.045 15.815 16.624 17.474 Hourly (80 hours) 20.040 21.063 22.141 23.274 24.463 Approx. Monthly 3474 3651 3838 4034 424(; F refighter ;;I P~bb~tiena~ I ,2293 ~ A B C D E Biweekly (hoUrly x 112) ' 1312.74 1379.68 1450.36 1524.53 1602.45 Hourly (112 hours) 11.721 12.319 12.950 13.612 14.308 Hourly 180 hours) 16.409 17,246 18.129 19.057 20,031 Approx. Monthly 2844 2989 3142 3303 3472 Effective first full payperiod in July 2005 Fire captain B C D E Biweekly (hourly x 112) 2159.15 2269.55 2385.63 2507.53 2635.85 Hourly (112 hours) 19,278 20.264 21.300 22.389 23.534 Hourly (80 hours) 26.989 28.369 29.820 31.344 32.948 Approx. Monthly 4678 4917 5169 5433 5711 ~ire E~i~ ~t : 2599: : B::: : D E Biweekly (hourly x 112) 1826.71 1920.30 2018.46 2121.81 2230.23 Hourly (112 hours) 16,310 17.146 18.022 18.945 19.913 Hourly (80 hours) 22.834 24.004 25.231 26.523 27.878 Approx. Monthly 3958 4161 4373 4597 4832 Fire PreVe~tiohI inS~6cto~ I 259:9: I A C D E Biweekly (hourly x 112) 1826.71 1920.30 2018,46 2121.81 2230.23 Hourly (112 hours) 16.310 17.146 18.022 18.945 19.913 Hourly (80 hours) 22.834 24.004 25.231 26.523 27.878 Approx. Monthly 3958 4161 4373 4597 4832 Biweekly (hourly x 112) 1643.25 1727.19 1815.59 1908.43 2005.97 Hourly (112 hours) 14.672 15.421 16.211 17.040 17,910 Hourly (80 hours) 20.541 21.590 22.695 23.855 25.075 Approx. Monthly 3560 3742 3934 4135 4346 FirefighterI P~Ob~ti~ ~ A B C D E Biweekly (hourly x 112) 1345.56 1414.17 1486.62 1562.65 1642.51 Hourly (112 hours) 12.014 12,627 13.273 13.952 14.665 Hourly (80 hours) 16.819 17.677 18.583 19.533 20.531 Approx. Monthly 2915 3064 3221 3386 3559 10 Effective first full payperiod in July 2006 Fire Captain 274.2 IA B C D E Biweekly (hourly x 112) 2213.12 2326.28 2445.27 2570.22 2701.75 Hourly (112 hours) 19.760 20.770 21.833 22.948 24.123 Hourly (80 hours/ 27.664 29.079 30.566 32.128 33.772 Approx. Monthly 4795 5040 5298 5569 5854 iiiil iiiiiI Biweekly (hourly x 112) 1872.38 1968.31 2068.92 2174.86 2285.99 Hourly (112 hours) 16.718 17.574 18.473 19.418 20.411 Hourly (80 hours) 23.405 24.604 25.862 27.186 28.575 Approx. Monthly 4057 4265 4483 4712 4953 F ~e pm~ent OhI I~eCto~ j 259g A C E Biweekly (hourly x 112) 1872.38 1968.31 2068.92 2174.86 2285.99 Hourly (112 hours) 16.718 17.574 18.473 19.418 20.411 Hourly (80 hours) 23.405 24.604 25.862 27.186 28.575 ~,pprox. Monthly 4057 4265 4483 4712 4953 Firefi~hteF 249:3 A E Biweekly (hourly x 112) 1684.33 1770.37 1860.98 1956.14 2056.12 Hourly (112 hours) 15.039 15.807 16.616 17.466 18.358 Hourly (80 hours) 21.054 22.130 23.262 24.452 25.702 Approx. Monthly 3649 3836 4032 4238 4455 Fireflghter B C D E Biweekly (hourly x 112) 1379.20 1449.52 1523.78 1601.71 1683.57 Hourly (112 hours) 12.314 12.942 13.605 14.301 15.032 Hourly (80 hours) 17.240 18.119 19.047 20.021 21.045 Approx. Monthly 2988 3141 3302 3470 3648 11 Effective first full payperiod in July 2007 C D E Biweekly/hourly x 112) 2268.45 2384.44 2506.40 2634.47 2769.2c~ Hourly {112 hours) 20,254 21.290 22.379 23,522 24.726 Hourly/80 hours) 28.356 29.806 31.330 32.931 34.616 Approx. Monthly 4915 5166 5431 5708 6000 Biweekly {hourly x 112) 1919.19 2017.51 2120.64 2229.23 2343.14 Hourly {112 hours) 17.136 18.014 18.934 19.904 20,921 Hourly {80 hours) 23,990 25.219 26,508 27.865 29.289 ~,pprox. Monthly 4158 4371 4595 4830 5077 ~ire prevention;I D i~Pecto~ ,:1:;259:;9 ;A C;:: 2229.23 : E Biweekly {hourly x 112) 1919.19 2017.51 2120.64 2343,14 Hourly (112 hours) 17.136 18,014 18.934 19.904 20.921 Hourly (80 hours) 23.990 25.219 26.508 27,865 29.289 Approx, Monthly 4158 4371 4595 4830 5077 Fireflghtet : 2493 A 9 C D E I Biweekly (hourly x 112) 1726.44 1814,63 1907.50 2005.04 2107.52 Hourly {112 hours) 15.415 16,202 17.031 17.902 18,817 Hourly (80 hours) 21.581 22.683 23.844 25.063 26.344 Approx. Monthly 3741 3932 4133 4344 4566 Firefighte~ pmbati0na~ 229;3 ;: A B , ;C D E Biweekly (hourly x 112) 1413.68 1485.76 1561.88 1641.75 1725.66 Hourly {112 hours) 12,622 13.266 13.945 14,659 15.408 Hourly (80 hours) 17.671 18,572 19.523 20.522 21,571 ~,pprox. Monthly 3063 3219 3384 3557 3739 12 During the first quarter of Fiscal Year 2005/06, the City will conduct a salary survey for positions in the unit. Based on the survey results, if the position is equal to or exceeds the bottom of the upper one third of the agencies surveyed, the salary adjustment of 2.5% will be modified t6 2%. If the result shows the position within 2% to 4% of the bottom of the upper one third, the increase of 2.5% will be implemented. If the results indicate the position is more than 4% below the bottom of the upper one third, the scheduled 2.5% increase will be increased by an amount necessary to equal the bottom of the upper one third, provided in no case shall any increase exceed 5%. The City and Association also agree to review, if approved by PERS, the DROP program. The City will only be required to receive information from the Association and will be under no obligation to take any action or to reopen the contract. 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 biweekly employees. Any employee who receives and continues to maintain a valid Paramedic License will receive payment of a biweekly supplementary wage adjustment equal to the difference between "E" step Engineer and "E" step Firefighter. In addition, paramedics who have passed probation will receive a $450 annual reaccreditation bonus, which will be paid in the first pay period following their accreditation anniversary. ARTICLE 6. Leaves. Section 1. Vacation. A. Computing Annual Vacation Leave. All employees who have served more than one year of continuous service shall be entitled to vacation leave with pay except those 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: 1 thru 5 Years of Continuous Employment 112-hour biweekly employees 80-hour biweekly employees Vacation Leave Credits 144 hours per year or 5.538 hours per pay period for 26 pay periods 96 hours per year or 3.692 hours per pay period for 26 pay periods 13 After 5 Years of Continuous Employment 112-hour biweekly employees 80-hour biweekly employees After 10 Years of Continuous Employment 112-hour biweekly employees 80-hour biweekly employees After 15 Years of Continuous Employment 112-hour biweekly employees 80-hour biweekly employees B. Vacation Leave Accrual. Vacation Leave Credits 180 hours per year or 6.923 hours per pay period for 26 pay periods 120 hours per year or 4.615 hours per pay period for 26 pay periods Vacation Leave Credits 216 hours per year or 8.308 hours per pay period for 26 pay periods 144 hours per year or 5.538 hours per pay period for 26 pay periods. Vacation Leave Credits 240 hours per year or 9.231 hours per pay period for 26 pay periods 160 hours per year or 6.154 hours per pay period for 26 pay periods Vacation time can be accumulated to a maximum of 150% of one year's eligibility. 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. Employees who have reached maximum accrual can request a review by the Director of Safety Services in the event a vacation request is denied. C. Use of Vacation Time. The times at which an employee may take their vacation shall be determined by the Department Director with due regard for the wishes of the employee and particular regard for the needs of the City. In the event one or more holidays fall within a vacation leave period, the normal holiday pay will be paid. Effective January 1, 2004, the following numbers of employees can be on vacation per shift: Number of Positions Assioned Per Shift Number Allowed Off* 9,10 2 11 thru 14 3 15 thru 18 4 19 and above 5 *For employees taking a class, which is eligible under the City's tuition reimbursement program, use of vacation for the fall, winter or spring terms will not be considered as part of the number of positions allowed off. Vacation Scheduling shall be based on seniority, using the date of odginal appointment in the Department. A detailed procedure shall be developed by the Association for review and approval by the Department no later than July 1, 2003, by 4 p.m. If the Association fails to meet the July 1,2003 deadline, the Department will have sole authority to develop and implement a vacation policy. Employees who te~-minate employment shall be paid a lump sum for all vacation leave earned prior to the effective date of termination, provided they are otherwise entitled to vacation leave with pay. D. Vacation Conversion. The City will allow the conversion of accumulated vacation to cash subject to the following requirements: B. C. D. An employee must have at least three years of continuous service with the City in the prior 12 months. A maximum of two shifts (48) hours per year may be converted to cash at the current houdy rate. An employee must have used at least 96 hours of vacation in both the most recent 12 months and the previous 12 months. After the conversion, the employee must have at least 98 hours of accrued vacation. Section 2. Sick Leave. ^. Sick Leave Accrual. Sick leave with pay may be granted to all probationary and regular employees within the unit who are regularly employed in regular full-time positions. 15 Sick leave shall be accrued for each month of employment in accordance with the following schedule: 112-hour biweekly employees Sick Leave Credits 12 hours per month or 5.538 hours per pay period for 26 pay periods 80-hour biweekly employees 8 hours per month or 3.692 hours per pay period for 26 pay periods Sick leave shall be granted to an employee only for actual working time off. Accumulation of sick leave shall be unlimited. In the event a 112-hour biweekly employee is scheduled to work on a holiday and is out on sick leave, the normal holiday pay will be paid. B. Notification. In order to receive compensation while absent on such leave, the employee shall notify his/her immediate supedor or the Department Director 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 Director. C. Family Sick Leave. 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. 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. D. Payout of Sick Leave. 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: 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 $5,000. 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 exceed $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. Section 3. Holidays. The holidays for 112-hour biweekly employees in this unit are as follows: New Year's Day Washington's Birthday Memodal Day Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day January 1 3rd Monday, February Last Monday, May July 4 1st Monday, September November 11 4th Thursday, November Friday after Thanksgiving December 25 The 80-hour biweekly employees in this unit shall be entitled to the same holidays off as other 80-hour employees in the City, which in no event shall be less than the above listed holidays. Holiday pay for the 112-hour biweekly employees in this unit shall be 12 hours pay at their regular rate of pay. In addition to regular pay for hours worked, employees in this unit shall be paid holiday pay, whether on or off duty on the holidays above. To be eligible for holiday pay, an employee must be in a paid status the day before and the day after a holiday. Section 4. Bereavement Leave. In the event of a death in the family, a 112-hour biweekly employee shall be eligible for two twenty-four-hour shifts (48 hours) off with pay to attend the funeral; an 80-hour biweekly 17 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. 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. D. Bereavement leave is not chargeable against sick leave. All requests 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 overtime, and if such time is approved, it shall be compensated at one-and-one-half (1-1/2) times that employee's regular rate of pay. Prior to December 31,2000, the FLSA work pedod for 112-hour biweekly employees shall be changed to coincide with the regular biweekly payroll period of 14 days. The number of overtime hours shall be dete[mined in accordance with the provisions of FLSA and this Agreement. For the purposes of computing overtime, hours of paid leaves of absences shall be considered as hours worked for employees with hire dates before July 1, 2000. For all employees with original appointment dates after July 1, 2000, overtime hours will be calculated on the basis of actual hours worked and not on hours scheduled. 18 It is the City's intention not to utilize reserve flreflghters 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. 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 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. Effective August 1,2000, the use of CTO will require use in minimum increments of 8 hours. Effective January 1, 2004, the minimum increment will increase to 12 hours, and anyone off on CTO will not be included as one of the positions off under the vacation scheduling policy to be implemented in 2004. Requests for cash payment of accumulated compensatory time off throughout the fiscal year, other than mandatory reduction at the end of the fiscal year, shall be paid during the pay period in which requested. 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 shal!,,provide the following benefits to each employee in the Association. 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. 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. As soon as practical, the monthly benefit provided under this coverage will be 66-2/3% of the employee's monthly earnings to a maximum of $5,000 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. 2O 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 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. Section 6. Deferred Compensation. In addition to the City's existing 457 deferred compensation plans, the City will make available as soon as practical after approval of this agreement, a 401 (a) or (k) Deferred Compensation Plan. The City will contribute $12 per employee per biweekly pay period as of the Plan's effective date. The City will form an ad hoc committee, including a representative from this unit, to review the options and prepare a recommendation to the City Manager. Employees shall be entitled to receive credits for their accounts only after the completion of each full pay period. In the event the 401(a) or (k) plan cannot be adopted within 60 days of the approval of the MOU, the City will set aside the amount per employee per pay period for deposit in the Plan once it is approved, provided such payment is allowable under IRS regulations. Only full time employees and those hired on or after July 1, 1999 shall be eligible for this benefit after the completion of one year of service. ARTICLE 9. 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. Section 2. Uniforms and Equipment. The City will provide all uniforms that are required by the City in accordance to the following: Effective July 1, 1991, 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 ¢, below. 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. 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) 9. Belt (1) 10. Ball cap (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 pedod, the employee may be rejected at anytime without the right of appeal or heating. The Department Director shall have the authority to extend the initial period of probation for an additional three (3) months. If any employee is rejected dudng 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. 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. Actina Pay. Compensation for working in an acting assignment in the rank of Fire Engineer or Fire Captain shall be paid at the next step in the employee's current range or a minimum of 5% above the employee's current compensation rate. Acting pay will commence after the employee has worked a minimum of 12 consecutive hours in an acting assignment retroactive to the first hour of the assignment. Thereafter acting pay will continue for every consecutive hour worked in the acting assignment until the employee is relived of the acting assignment. 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 retum 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 Director 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 the approved IRS reimbursement rate. 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. 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 employee's sick leave and vacation leave accrual rates along with their respective balances shall be adjusted proportionately to reflect the new schedule for an 80-hour biweekly employee. If an employee is transferred from an 80- hour biweekly schedule to a 112-hour biweekly schedule, the sick leave and vacation accrual rate and balances shall be similarly adjusted. Section 9. Layoff 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. Resignations. An employee wishing to resign in good standing shall file with the Department Director a wdtten resignation stating the effective date and reasons for resignation at least two weeks prior to the effective date of resignation. The City will pay an employee for all hours worked within 72 hours after termination, and will thereafter pay all accumulated reimbursable benefits as early as feasible. 24 An employee who has resigned with a good record will be given preferential consideration for rehire if a position is available. Decision to rehire is at the discretion of the City, and the employee will not reestablish rights and/or benefits lost at the time of resignation. Section 11. Credit Union. Employees may elect to make credit union contributions through payroll deductions. Section 12. Training and Seminars. The City provides funds for training and educational seminars as the budget reasonably permits. Tuition and fees for training and educational seminars are paid from these funds. Employees requesting tuition for emergency services, job-related educational seminars must obtain approval in advance from the Director of Safety Services. Employees attending such seminars dudng 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. 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 (9) percent of the employee's contribution into the Public Employees' Retirement System in addition to the normal employer's contribution. The nine (9) percent payment shall be made to PERS in the name of the employee to be credited to the employee's account with PERS. The City shall annually notify the employee of the annual and total contribution made to PERS on behalf of the employee. 25 The City currently contracts with the Public Employees' Retirement System (PERS) to provide the following system features: Tl~e retirement option known as 2% at 50 formula. Effective in June 2001, the City will amend its contract with PERS to provide the option known as 3% @ 50 formula; 2. Average of three highest years compensation; 3. The Third Level of 1959 Survivors Benefit; and Effective as soon as practical, the City will pay and report 100% of the value of the Employer Paid Member Contribution (EPMC) option. This option will be adopted by resolution. ARTICLE 12. Maintenance of Benefits. All dghts, 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. ARTICLE 14. Personnel Rules. All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of Poway. A__~.TICLE 1...~5. Postin_o of Aereement. A copy of this Agreement will be initially distributed to all employees, given to all new employees ~ired into the unit and made available both at the Fire Stations and with the Department Pi rector. SIGN TA.~_U_~_~ The undersigned, representing the City and the Association do hereby adopt the terms and. conditions set forth herein, and recommend the City Council and members of the Association approve same. For the City: Warren H. Shafer Director of Adminis~a~.ve Services J~yce ~,. Pc~sey, ~"~rsor{n~el Manager Mark Sa~chez-- --~/ Director of Safety Services For the Association'/~ / ' Scott Post, President (Firefighter/Paramedic) Kevin W. Hitchcock, Secreta~ (Fimfighter) Dated: Dated: ~ / 17/t::)~ c:\data\wpfiles\personel\safety,mou 27