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R-7297 . e .. RESOLUTION NO. 7297(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA FIREFIGHTERS LOCAL NO. 1109 IAFF WHEREAS, the City AdmInIstration and representatlves of the Santa Monlca Firefighters Local 1109 IAFF have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on wages and other terms and conditlons of employment~ and WHEREAS, Section 2.06 of Ordlnance No. 801 (CeS) of the Cl ty of Santa Monlca requires preparation of a wri tten memorandum of understanding between the adminIstration and employees if an agreement can be reached~ and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) further prOVIdes that any such memorandum of understanding shall not be binding unless and until presented to the governing body for determination~ and WHEREAS, the purpose of this memorandum of understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and the Santa Monica Firefighters Local 1109 IAFF~ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: - 1 - e e Sectlon 1: The Clty Council of the City of Santa r-1onlca does hereby approve and authorlze the Clty Manager to execute the Nemorandum of Understand~ng executed by the Santa r10nlca F~ref~ghters Local No. 1109 IAFF, a copy of whlch is attached hereto. Sectlon 2: The City Clerk shall certlfy to the adopt~on of th~s Resolutlon and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ ~.\,.- -\) -- ROBERT H. MYERS C-lty Attorney - 2 - e tit Adopted and approved this 26th day of August, 1986. ~~ Mayor I hereby certify that the foregoing Resolution No. 7297(CCS) was duly adopted by the C~ty Council of the City of Santa Monica a t a meeting thereof held on August 26, 1986 by the following Council vote: Ayes: Councilmembers: Epstein, A. Katz, H. Katz and Mayor Reed Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Conn, Jennings and Zane .._........-..a............,... r .. .~ "," -~ ~~"'~.. "- -:-...:-==..::_"-- ,....... .....-.. ....-- ./ .:;- .. -J _~.. ......- - .~ {2,c-j~.: ~~ -,~--: Ci ty -CW.k '. .. -: ........j - -......... ----- : '" "...... /. -. ::. ~ - .. ..; ----- ATTEST: -~ ....../ ~ - J~ _ .. - ~... :: ~ ~ r It e MEHOR~NDUH OF UNDERSTANDING RFTWF.F.N CITY OF SANT~ MONICA, CALIFORNIA AND SANT~ MONICA FIREFIGHTERS LOC~L NO. 1109 IAFF TABLE OF CONTENTS ARTICLE AND SECTION NUMRRR PAGE # ARTICLE I: GF.NERAL PROVISIONS Sectlon 1 01: 1 .02 ; 03: 1 04: 1 .05; 1 .06: 1 07: 1.08 ; 1 09: 1 . 10: L 11 : Partles to Memoranrlum...... ...... _....... Pu rpose . . . . . . . . . . . . . . . . . . . . . . . . .. ..... 0 . Tprm of Agrppmpnt... .... ... Unton Recognltlon, ResponSlblltlesj and R 1 gh t s .................... Full UnderstandIng} Modlflcat1on} and 1 1 1 2 Wa 1 ver . . . . . . . '1 Management RIghts.......... ..... ...... ... 3 Pearpful Performance of Clty Serv)ces... 4 Va 11 d 1 t Y 0 f MOU.. 0 . . . . . . . . . . . . . . . . . . . . . . . 4 Equal Rmployment Opportunlty.........- 4 De f 1 n 1 t 10 n s . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 Payment for Tlme Not Worked At TermInatlon of CIty Employment...... .0. .............. 6 - 1 - " ARTICLE II: Sectlon 2.01: 'J.02: 2.03: 2 04: 2.05: '1-06: 2 07: ? 08: 2 09: 2 1 0 : ARTICLE Ill: 5ectlon "l 01 : 3.02: "l 03: 3 04: '-{ os: 3 06: :'i 07: 3 DB: 3 09: AR'l'ICLE IV: Seetlon 4 01: 4.02: 4-03: 4.04: 4 OS: 4.06: 4.07: e e COMPENSAT10N EffectIve Date of Pay Increase........ ... 7 SalarlPs...... .............. 7 Ove r tIme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B Compensatory TIme Off & ExchangE' of Tlme. 9 Admln~stratlve Adjustment/Staff Bonus. ... 10 ParampdIC Bonus.......................... 10 EHT Bon u 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 PromotIonal Pay Rate.. ..............11 Ac t 1 ng Pay.......................... 11 Y-R."ItIng...................... 11 SUPPLEMENTAL BENEFITS Medlcal Insurance... 1~ 13 13 14 1<; 17 17 17 1R Re t 1 remen t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TUItIon RplmhurRf'mpnt.. ..... ..... Un 1 for m 1\1 1 owa n c p . . . .. .................. Slct Lpave BUy Rack Progr."lm .. _., -Deferred Compensatlon, .......,. MI]Pngp RpImburspmpnt ... EducatIonal IncentIve...... ... ........... FIlmIng 1l.ss1qnmE'nts.................. -.., LEAVES Pa 1 d Hall days. . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 Va cat 1 on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20 51 ck LeRVp... ...... .............. 22 Leave of Absence WIthout Pay.......... ... 22 Jury Ou t y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 H 111. t a ry Lea ve . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 3 Worlcf"r's Compensatlon Leave.............. Z:-{ - 2 - e e AB"IC1.E v= WORK 1 NG CONnI'l'TON~ Sectlon 5.01: 5 02: 5 03: 5.04: 5 05: 5 06: A.RTICLE VI: See-rIon f, 01: 6.02: f, 03: 6 04: 6 05: Sa f et y. . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . .. 24 Constant HannIng .................... 24 Performance Evaluations for Probatlonary Emp 1 oyee s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 Manda tory Phys lea 1 Fl tnes s.. . .. .. . . . .. ... 25 ParamedIc CertIfIcatIon & S~lectIon Process. .. .............................. 25 Effect of Job P~rformance on Salary.. 26 EMPLOYER/EMPLOYEE RELATIONS Payroll lJpduct Ion s ...................... 27 Reasonable NotIce.................... .... 27 GrlPvance/Complalnt POllCY . ...... 27 DIsabIlIty RetIrement DIspute ResolutIon Pro C' p d II r e . . . . . . . . . . . . . . . . . . . . . . . 2 t.j TIme Off for UnIon BUSIness.............. 31 - 3 - e It SANTA MONICA FIREFIGHTERS LOC~L 1109 IAFF CITY OF SANTA MONICA ARTICLE I. GENERAL PROVISIONS t .01 . 1 .02. 1.03 PartIes to Mpm~ranrlum ThIS memorandum of understanding (MOU) IS made and entered I nto by and betwE"en the Cl ty of Santa HOnlCi'! (hereinafter referred to as "CIty") and the Santa MonIca FIrpfIghtprs Laral 1109 (herpInafter referred to as .. Loca 1 1109" or .. emp 1 oyees" )) pu rsuant to the term!l of Government Code 3500 et ~eq. and the CIty of Snnta MonIca Ordl nance 80t J hereby Incorporated by reference as If fully set forth her~ln. ThIS MOU covprs these employeps 1" th~ cla~Slflcatlon~ lIsted In SectIon 1.04 below Purr)(')se The pa rt les agree t ha t the pu rpo~e of th 1 s MOU IS: to promotp and provIde harmonIOUS relatJonsJ cooperatIon and understandIng bptween the CIty and the employees covered hereIn; to prov](ie an ordprly and E"quItable menns of resol\n ng dIfferences whIch may ar 1 se under thIS mpmoran<1um, i'lnd to set forth the full lIgreempnts of thp pi'lrtles reached as a result of meetIng and conferrIng In qood fi'llth reg~rdlng matters wIthln thp srope of representatIon for employees represented by Local 1109. Tprm ~f ~Qreempnt Th1S Agreement shall be effect1ve on July 1, 1986 and shi'lll remain In full force and effect untIl June 30; 1988. It shall be automatically renewed from year to ypar thereafter unless elther party prOVIdes wrItten notIce to the other not later than March 1, 1988 and of pa~h subsequpnt year that It deSIres to modlfy thIS agreement, and spec1fically IndIcates requested modIficatIons. - 1 - 1 04. - tit Unlon Rpcognltlon: Re~ponSlnllltles: And Rl~ht~ A. RecognitIon - The Clty recognIzes Local 1109 of the InternatIonal ~5SocIatlon of FIrefIghters (J~FF) as the recognized barga~ning agent for the employees In the followlng Job classIfIcatIons: Arson Invest~gator BattalIon ChIef FIre Capta1.n FIrE' EngIneer FIref1.ghter It 1.S the mutual understandIng of acknowledgement of Local 1109 as ~mployee organIzatIon: the partIes that the recogn1.zed ( 1 ) Does not preclude classIflcatInns from IndIVIdually in the~r the CIty. emp loyees 1. n such Job reprE'~entlng themselves employment relatIons WIth (2) Does not preclude or restrIct the rIght of managF'ment affIC"Ials to meet and consult w1th employees In such JOb classlf~catIons concernIng theIr pmployment relatIons wlth the CIty. B. Duty of ~epresentatlon - Local 1109 has the duty to f;:n r I y reprec;ent a] I mpmbers of the ba rga 1 n 1 ng unI t arcordlngly. Local 1109 agrees and shall assume Its rpsponslbll1tles ~s the rerognI7pd deSIgnated representa t I ve to represent all unl t employees WIthout dIscrImlnatlon, IntE"rferenC"P] restraInt] or coerCIon. C. Scope of RepresentatIon - The scope of representation of the recognIzed employee organIzatIon shi'lll be 1n accordance Wl. th the va ll.d 1 aws, statutes and ordInanres of the State of Cal~fornla ~nd the CJty ot Santa Monica. - 2 - 1.05. 1 06. It e Full Understand~ngJ Hod~f~catlonJ and WaIver The partIes agree that pach has had full and unrestrlcte~ rIght and opportunIty to make, advance} and d~scuss all matters properly w1thln the scope of representatIon ae; outl~ned in SectIon 2.05 of Ordinance No 801. This MOU con~tltutes the full and complete agreempnt of thp parties. Each party, for the term of thIS MOU, speCIfIcally valVes the rIght to demand or petItIon for changes herein; however, both parties may mutually agree to mpet and confer over ltpms and Issues contaIned herein. ~Anagempnt Rlohts The CIty retaIns all rIghts not speCIfIcally delegated by ttns ngrE'pmf"nt, lncludlng, hut not lImIted to thp exclUSIve rIght to~ dlrpf't, e;llperVlse, hIre, promote, su~ppnd, dIscharge, transfer, assign, schedule, pmploypes; dlSClpl1ne, and retal.n relIeve employees from dutle~ because of lack of work or funds. or unr'ler condl t j(~ns where con t 1 nlJf"d work wou 1 d bp IneffICIent or nonproductIve; netprmlne serv]res to pprformed, utl11zatlon budfJPt<'lry mattprSj be renderpd, operatIons of technology] and to bE" overall determIne persnnnel conducted; the appropr1ate job claSSIfIcatIons hy WhlCh gnvernmpnt oppratlons nre to and bp determIne th~ overall mISSIon of the unIt of government; maIntaIn and Improve the efflClf'ncy and effectlven~8S of government operatIons; take any necessary actIons to carry out the mISSIon of an agency In situatIons of emergency; and takp whatpver other actIons may be necessary to carry out tne WIshes of the public not otherWIse speCIfIed above or hy collectIve agr~pment and perform <'Ill other functlons not spec I fIca 11 y made sub Jer.t to the meet and confer process ~]5ewhpre In thlS MOU. - 3 - 1 07. .- 1.0B. 1 . Oq. e e Peacpful Performanr~ of Clty ServIces For the durat10n of thIS agreement, the CIty agrees not to lock out pmploypes represented by Loca 1 1] nq; and Loca 1 1109 agrees to abl de by Sect 10n 4 04 (A-C) of OrdInance R01. ~a11dlty of Memorandum of Understand1ng If ~ny proVISIon of thIS MOU IS determIned to be InvalId or illegal by a court of competent jur1sd1ct1on, then such provISIon shall be sever-ed tr-om thlS MOU, hut thp remainder hereof shall remSln 1n full force and effect. The partIes hereto snaIl ImmedIately commence to, In good fa 1. th} negot 1 ate for the purpose of replacl.ng any such InvalId or Illegal prOVISIon. Should any change be made 1n any Federal or State law, or In any rll~es i'lnd regulatH'lnS 'mpl~ment'ng such legIslatIon} or In any CIty Charter prOVISIon WhIch would be applIrahle and contr-ary to any provIs,on hereIn contained} then such prOVISIon of thlS MOU shall be 811tomatl{'"a] Iy termInated; but the r-emalnder of thIS MOll shall remaIn 10 full force and effect. Such legIslatIon and/or rules and rpgulatIons Rhall Rl1per~ede thIS MOU and applIcable clauses shall be Substltuted for those ruled Inv~lld or Illpqal. Th~ partIes hereto shall ImmedIately commence to negot1.ate for the purpose of replac1ng any SIlC'h 1 nVlt 11 d or III pgal prOVI5] on. Notwl thstand 109 the foregOIng} the partles agree to make no change In waqes, bpneflts} aC'Cl1mllatlon or ~nck leave or vacatIon durIng the term of thl~ MDU. EOllal Emnlovmeont - -- ~he Clty and Local 1109 wll1 fully comply wlth the letter nnd SpIrIt of all t'lpplICable Fedpral, Sti'lte and local laws} rules and regulatIons governIng equal employment opportunIty and WIth the CIty'S current AfflrmatlvP J\ct 10n Program and current pol icy on Sexua I Harassment J WhICh are Incorporated by reference herPIn. ~he CIty and Loca 1 1109 w1.11 st r1.ve to achleve a workplace free of hI as and nel t her par ty WI] 1 support or condone- manIfestations of prejudice by employees covered hereunder. - 4 - 1. 1 O. e e DefInItIons The followIng defInItIons are to be applIed In the InterpretatIon of thIS MOU: A. "Salary Range" shall me;.!n the normal five-step (A. through E) hourly or monthly pay sr~le (~nd the bl-weekly equIvalent) assIgned to each employment posItIon representE'd by Lo~al )J09. B "Salary Range Steps A. through E" Shall mean and be e5t~bl15hPd to h~~r ~he fnllowlng percentage relatIonshIp to Salary Range Step E computed to the nparpst dollar, wIth attaInment ba~ed upnn thp followIng amounts of serVIce In the posItIon: Step 'A 83% of Stpp E - DurIng fIrst year of employment St~f:l B 85% of Stpp E Du rJ ng !::econd year of employment Step C qO% of Ste.p E DurIng thIrd yeitr of employment Step D q5% of Stf.p E - Du r] ng fourth year of employment Step E "fter fourth yeitr of Plllp)oyment C "Nearest Dollar" shall mean the next lower dollar In a monthly rate when the compllted amount IS 50 cpnts or les~ and the next hIgher dollar when the computed ~mount ]5 53 rents Or more. D. "Date-of Entrance ~nnlversarY" shall mean the date WhICh recurs annually after the dittp of entry Into a pO~Itlon In the classlfled serVIce of th@ CIty of ~antit Monlca, eIther by orlglnal pmploym~nt, reemployment or promotlon. The date of entrance for pmploypes wlth broken serVIce shall be conSIdered as that date on WhICh the last unbroken serVIce was pffpctlve. E. "SatIsfactory SerVIce" shall mean the attaInment of an Overall Performance RatJng of not Jess than "Satisfactory" on the performance report ImmedIately prp.cedl"g the empJ oyee' S dnte of pont rancp annlversary. - 5 - 1 11. e e F_ "Hours of work for pt"rsonnel] dutIes. Work" sha 11 mean the establI shed hau rs of suppres510n personnplJ tlre preventIon and personne 1 as sIgned to adml. nl 5 tra tl ve (1) Personnel aSSIgned to suppresSIon shall work 24 hour ShIfts, and an annual averi'lge of 56 hours a week, based on a 28 day work perIod f~) Personnel aSSIgned to Flre PreventIon, admInistratIve or specIal dutIes/detaIls shall work no Ipss than 40 hours a week on a schedule convenIent to the department and approved by the c1ppartmE"nt hpad G "Pay status" shall Include regularly aSSIgned work hours actui'l.lly pprformf"d. In itOdItlon] !lay status ~nall also specIfIcally Include pay for tIme not wnrkpd such as s'~k l~ave f]n~ludlng bpreavement le~ve)] vacatIon, holIdays] compensatory tIme off, Jury duty, worker's ~omppnsat]on leave, and mIlItary l~ave. H "WorkIng day" shall mean 12 hours for FIre SuooreS51C'ln and 8 hours tor ac'lmlnl<>;tratlvP employeeR ThIS defInItIon shall apply to accrual of hE"'rll"'flts only. I . "Work Per lod" sha 11 mean a recurrl ng 28 day per lod, the fIrst of wh,ch cnmmpncpd at OROO hours on SundaYJ A.prll 13) 1986. Pavmpnt for Tlm~ NQt Worked at TermInatIon of Cltv Employment Payment for tIme not worked at termInatIon of \.1 ty pmploympnt shall be calculated on hour basis at 100% of the employee's salary. or separatIon an hour for - 6 - e e ARTICLE II. COMPENS~TTON 2.01. EffectIve Date of Pay Increa~e Notwlthstannlng ~ny other prOVlslon contalned hereIn, changes in salary rates shall become effectIve on the fIrst day of the payroll perlod closest to the effectlvP date stated hereIn. 2.02. SalarlE'"S 'A.. EffectIve July 1 , 1986} the salary ranges shall be ",d)usted to: 'A. B C D E Fl ~EFI GH'f'F.R 27'11 2'i41 ~479 7617 275~ FIRE ENGINEER 2607 2736 2897 3058 3219 FJRE CAP'l'A1N ~~031 ':! 1 Rt 31f.8 ,,55 3743 BATTALtON CHIEF 3521 3695 3913 4130 4148 1\flSON 1 NVFSTI GA'T'OR 3011 31Al :n68 3'-155 3741 B Co~t-of-llvlng adJustments shall be made as follows: (1) In addltlon to the adJusmpnt In 2.0} A} above: EFFECTIVE July I} 1986 -- 3%. (2) FFFECTIVE January I} 1987 3% (31 EFECTIVE July 1, 1987 -- the salary ranges shall be adJusted by a mlnlmum of 3.5', 00., If hltJher; by an amount equal to the percentage increase In the ~cost of 11vln9~ as measured by the Consumer PrIce Index (for Urban Wage Earners and Clerlcal Workers} 1967=100) for Los ~nge]es-Long Beach, Callfornlal pub11shed by the U.S. Department of. Labor} Bureau of Labor StatlstlCSJ for the bas~ perlod Hay, 1986} to MaYI 1987. However, In no pvpnt ~hall said adJustment excped 7%. - 7 - 2.{H. e e AddItIon~1lYJ an average percentage Increase In wages only for the comparable pos~tlon classIfI- catIons of FIrefIqhter In the CItIes of Beverly HIlls, Burbank, Culver C~ty, Downey, Glendale, Hawthorne, Inglewood, Long Beach, Pasad~na, pomona, and Torrance shall be calculated as follows: by averagIng the wage Increases for the July 1, 1987 through June 30, 1988 perIod of the fIrst 9 CItIes to fInalIze an agreement lby rat~ficatIon and adoptIon by city counCIl). IF saId calculated average IS hIqher than the CPl adjustment (as calculated In the above para- graph), an addItIonal adJustment of the dIfference between the "CItIes" amount (but not to excped 7%1 and the "e?J" amount wIll be madp ano shall be granted retroactIve to July 1. rExample>: If "CltIe~U average · 8%) then: 7'\ m,nus "CPI" iH1J. .. AdchtIonal AdJustment It "CItIes" average.. 6.5%, then: 6.5% mlnus "CPT" = AddItIonal Ad]ustme>nt I OvertJm~ OvertIme for all employees covered in thIS agreement shall mean tho~e hours worked In excess of 40 hours per wpek: for members aSSIgned to admlnl.stratIve dutIes or f 1 re prpven t 1 on J or those hou rs In f"xce-ss of an annua) average of 56 hours per week, exclUSIve of all trades of tlrne for ~mplnyees 1n the Flre SuppreRSlon SerVIce> Hours worked for purposes of thIS sectIon shall Include hours actually workpd] vacatlon, slck ]pave 11ncludInq bereavement leave), compensatory tIme, hollday tIme taken, exrhange of tIme that was regularly srhedule-d but not worked; but it shall exclude hours actually worked in lleu of any exchange days. A OvertIme shall be computed for actual tIme worked at one and one-half tImes the employee's applIcable ratp of pay for all classes represented hereIn. B ~n pmployp~ called out other than durlng her-/hlR regular worki.ng hours for emergency work shall be comppnsated for a mlnlmum of 4 hour~ at tlme> and one- half. - 8 - 2 04 e e C. ~n ~mploype called ou~ othpr than durIng hl~/her req\ll ar work hours for non-pmergt'"ncy work ~hi'l11 bt'" compensated for a mInImum of 3 hours at tIme and onp-nt\]f. D- 1\n employee who has completed her/hIs regular Shl ft and 15 retalnpd at work IS In a nold-over status and shall be compensated for at a mInImum of 2 hours at t1me and one-half. E 1\n authorIzed departmental management offICIal may grant compenatory tIme-off In lIeu of paId overt Imp If an employee so elects to accrue compensatory tIme} "aId tJrne c;hall be- accrllPd at the rate spt'"C'lfIPd In Subsection A.} above} and shall be subJect to the aC'crual lImItatIon ~peclflPd In SectIon 2.04, hprPIn However J any tIme worked as part of an exchange of tIme arrangpment shall not be conSlopred ovprtlrnp nor compensatory time and shall be valued on a straIght tIme ba!>;]s Comppnsatory TImp Off & Exchange of TIme The qU1Cieo] 1 nf'S agrpeod to hy Lori'll J 109 nnd Flrp Dppartment Management on November 1, 1984 shall remaIn In fllll force and effpC't} WIth the follOWlng changps. A- A maXImum lImIt of 288 hours shall be in effect. Such 11lnlt !'>nt111 Include till earned ("'omppnsatory tlmf' off, exchange time, and floatIng holidays B. M~mbers wIsh1ng to use compensatory tIme off or exchange tIme need only provide 1 replacement name. C. The value of all rompensatory tIme tlnd floatIng hOlIday tIme not taken by the end of the fIscal year shall be paId to the pmployee at the pnd of each fIscal year, at the rate in effect at the end of the fl<;ral VPar. - 9 - 2-05. 2.06. e e AnmJ nJ strRtlVe 7\d]ustmpnt/Staff Bonus Any employee who IS regularly assigned to a 40-hour work wppk 1n th~ Flre Preventlon Burpau, In the ~dmlnlstratlvP offIce of the FIre ChIef} or the TrainIng DIvisIon of the Ranta ManJra Flre Dppartment shall recelve an Aomlnistratlve AssIgnment Adjustment accordIng to the tol ]OWl ng .!u"hedule: 'FIrefIghter Flr~ EngIneer 'FIre CaptaIn BattalIon Chlef $130/mo S155/mo $t8D/mo $210/mo However} In lIeu of the ln the below llsted following Staff Bonus: above} the IndIviduals who serve aS~Ignmpnts shall be pnld thp StRff BattalJon ChIef Fl\""e Marshal 'T'r<nnlng OffIcer Cnpt - FIre PreventIon $625/mo $415/rno $4t5/mo S270/mo T~mporary or occaSIDnal asslqnment to such duty of les"; than thIrty (10) days duration shall not constItute rpgnlar ns.!ngnm~nt wlthln th~ meanIng of thIS sectIon DurIng temporary or occaSIonal assignment to 40-hour work wppk In the FIrE' Prevpntlon BlJrerlu} In the Admlnlstrat1vP Offlce- of the F1.re ChIef} or the Traln1.ng DIVISIon an employp~ r~gularly assIgned to Flre suppres~lon shrill nOT be deprIv~d the benefIts accrUIng as a FIre SuppresSIon pmp]oy~p. ParamedIC Bonus 1\ Employees who are regularly assIgned to paramedIC dut1es shall be compensated as follows: (1) $150/mo upon InItIal aSSIgnment to saId dutIes. SaId bonus shall be paId at the b~glnnlng of thp fIrst payroll perIod follOWIng aSSIgnment to such dut1es or to spec1a1 qualIfIcatIon schooling concernIng paramedIC duty. (2) $2:;>,/mo upon In1t1a1 reC"ert1flcatIon of SkIlls reqUIred by the Los ~ngeles County Health Dppartment for parampdIc dutlPS ~~Id bonu~ shall be paId at the begInning of the fIrst pay r 0 IIp en 0 d f 0] 1 ow 1 n 9 the d ate 0 t notIfIcatIon to payroll of the InItIal rerertlflcatlon of paramedIC" SkIlls. - 10 - 2-07. 2 08. 2.09. e e (3) $300/mo upon seC'ond recertlfH"atlon of slnllc:. requireo by thp- Los ~ngeles County Health D~partm~nt fOT p~ram~d~c dutl~~. SnId bonu~ sh~ll be paId at the begInn~ng of the fIrst payroll pe-nod follOWIng the datp of notIficatlon to Payroll of the second recertlflcatlon of paramedIc SklJls. (4) WhIle on paramedIC qualifIcatIon school assIgnmpnt, an pmployee shall be treated In al I other respects as be I n9 as sIgned to the Fl re Suppres~lon DIVl~lon and shall receIve all benefIts InCIdental thereto. B EffectIve July l} ]q87} saId bonuses shall b~ Increased to $175.00, $250.00, and $325.00, reRpeC'tIvply. E;MT Bonus Ef f ect lve Ju 1 y 1, 1987, each member who holds a eu rrent FMT-1F S. rprtIflcate or Los Angp)es County ParamedIC certIfIcatIon shall be ellglble for a bonus of $?5/month. In order to maInt~]n thIS benetIt, the mpmber must maIntaIn a current certlflcatlon through the term of thIS agrppme>nt. PromotIonal Pay Rate In the pvpnt that the ratf" of pay b~]ng reC'elved by an employee beIng promoted IS equal to or greater than the entrnnC'e f;alary of the po~ntlon, the E'mpJoYf"P'S salary shall be Increased to the next hIgher rate to that att~lned In the former nosltJOn. In the evpnt thp promotIon IS to a superVIsory pOSItIon, the employee promoted sh~ll receIve not less than the nE'xt hIgher rat~ ahove the highest rate beIng paId to subordInates. A.ctlna Pav - - The follOWIng procedures WIll be followed when actIng out of grade rActIng BattalIon ChIef, ~ctlng CaptaIn, ~ctlng EngIneer): ~ No member may work down In grade (Example: as FIrefIghter, CaptaIn as EnglnE'erJ. EngIneer B No platoon may have more than 2 actIng members at one tImE'. - 11 - 2 1. 0 . e e c. Normally, actIng memhers WIll t111 the pOSItIon needed to be f111ed on h1s/her asslgned company only. D No mpmber who IS workIng overtIme wIl] be aSSIgned to work out of grade, unless no other qualIfIed member 15 avaIlable. E. Members wIll be assIgned to an act1ng pOSItIon as tollows: (1) Members on a current promotIonal lIst WIll be assIgned to a pOSItIon for WhICh he/she IS qualIfIed. (Example: A member on the ~nglnper's lIst 15 aSSIgned to act as an engIneer.) 12) If more than one mpmber on a compnny 15 on a promotIonal lIst, they WIll alternate on a C"yC"lE' bnSlS. (~1 If no members of a company are on a promotlonal JI~t1 thp BattalIon ChIef and CaptaIn of each company shall select the member most qualIfIed to fIll thE' POSItIon. ~n up-ta-date list of acting members shall be kept 1n the BattalIon ChIef's offIce and up-d~ted regularly. F Members aSSIgned to work out of grade {Actlng} shall reC"elve the Ralary for the pOSItIon they are fllllng as If they had been promoted to that posltlon, and shall be paId on a hour for hour baSIS. Y-ratlng When a personnel actIon, e.g.: demotIon dup to layoff or reclaSSlflcatlon, reSUlts 1n the lowerIng of thF' incumhent employee's salary range} the Incumbent pmp)oype's salary may he Y-ratpd. "Y-ratpd" ~hall mean thp maIntenance of the Incumbent employee's salary rate at the Ipvel effectIve the day preC'pdlng the effectIVE'" dr'lte of the personnel actlon plaCIng the employee in a lower ~alflry rflnge. The pmployee's salary sh:ill remaIn at such level untIl the salary range of the new clas51flcatlon equals or exceeds the V-rate salary. - 12 - e e AR:.']'T r:LE T J T . 3.0t. 3.02. 3.03. SUPPLRMFNT~L BENEFTTS MedIcal Insurance The ~lty ~h~ll provlde full fee-for-servlce mpdlcaJ {subJect to a limIt of $214/month) and fee-for-s~rVlce or group dpntal cover~9P for pmployeps covpred hereunder and theIr elIgIble dependents at no cost to the pmp)oyep.orovldpd th~t pmploypes covpr~d hereunder p~rticlpate In the CIty-offered insurance programs. Opt I nna 1 prppal d hea] th mn] ntenance p) an type cQveragp may be offered hereunder. Any extra payment requ 1 red \Ir,der c:uch pl~ns shall be prlld by the €'mployee electIng such coverage. Retlrpment The CIty 15 a contract member of the PublIC Employees I Retlrpment Sy!'tl'"m lPFRS}, ",nd It 15 understood and agreed th~t such membership WIll be maIntaIned and that employee p)Hpbl)ltY1 r:)asslflcatlon] r:ontrlbutlons] and benefIts are aos prescrIbed 1n the contract between the Clty and the PFRS heretof ore <'Ipproveod by the 5ant a Monl ca Cl ty CounCIl. Further, the CIty agree~ to pay the employee's C'ontrlbutlon (q%) to the rptIrpment systpm, Find to m~lntaln the SIngle hIghest year prOVISIon as well as the W1 dOW/WI dowers <'Ind orph~n5 ("] illJ5P TU1tIon Reimbur~ement It 15 agrpE."'d that the CIty WIll budget annually an amount e~ual to $10.00 per employee In the appropriate unIt for tUltlon <'Ind rpqUlrpd study mater1C'!.1 relmbursemf'nt for career improvement study approved by author1zed mFlnagpmpnt offlClFl)S. Relmhursempnt Shilll equ~l thp total cost of tUlt1.0n {exclusIve of lodg1.ng and meals) and the total cost of requIred study materIals] prOVIded however, that~ (al Enrollment In the shall be approved management offICIal; career improvement study course In advance by an authorIzeri (bl 'l'he study course must be dlreC'tpd to qUill]f]{"atlon for an employment pOSItIon represented ].n the CIty work forC'e; - 13 - 3 04. - e (cl The ~mployee must exhlblt qome rp~son~hle pxpectation of qualifYing for such pO~ltIon upon successful completlon of the< study course; (dl ReImbursement shall be made only In installments upon 5lH"cesc;ful completIon of pre<scrlhed unIts of study requIred by study course approved; and (e) In no pvpnt ~hall the CIty'S reImbursement he rpduce~ when there is an outSIde source of aid except In those cases where< the aId from the outsIde< souree(sl plus the normal City reImbursement exceeds the cost of tUItion ~nd study m~terlal for the ttpproved study course. ( t ) I f approved tu 1 t Ion reImbursement co~ t S budCJPted amount as dE-SCrIhed ahove, the costs WIll be prorated so as not to blldgE"ted i'lmount. exceed the relmburse<cl exceed the (ql The maXImum annual amount of reImbursement per lndlVloua] pmplnyee sh<'lll not exc-ped S500 00, per fIscal year (July I-June 301. UnIform Allowance Employees covered hereunder shall be paId a unIform m~Jntpnnnce ~llowance of $25.00 per month. The CIty agreeos to furnIsh reqUIred safety equIpment, 5iltpty pf:lnts ~nd ~iltety hoots, as nef>dpd. The employe<f" shn 11 have the opt 1.on of receIvIng two pa 1 rs of safety boots QL one paJr of safpty boots nnd one pnlr ot departmental approved oxfords. The rIty agrees to replac-e, as nE'f"ded, not more than onp work shIrt and 2 patches per employee per year. After 1700 hours ",nd ShIft change of the followIng morning, members may -- in lieu of the work uniform WPilr; navy blue sweat shirts, plaIn whIte "T" ~hlfts, or departmental approved attIre. company or StatIon romm~nd~rs may approvE' thp above attIrp at any other appropriate tIme. However, members In dIrect contact WIth the pUhlIC !'Ihall wear the work uniform. - 14 - 3 0'1 e e SlCJc: l.P~vP fluy Hark program Employee~ covered hereIn wIll have the optIon to receive p~yoff for unlleot'"d sIck leave unrter the folloWlnf] condltlon~: 1'- De<fln1tlon~ (1) "SIck Leave Bank" or "Bank", shall mett" s1ck lpavp earned In yt'"Brs prIor to the Accrual Year (21 "Arcrual Year" shall mean the fIscal year In whlCn Payahle Slck LpRve IS earnpd (11 "Payable Sick Leave" shall mean that portion of the ~lc-k ]eavp unu<:;pd In thlS year's <'I("crui'lJs. (41 "Base Hourly Rate" shttll mean the hourly pay} pxclur'l1ng any spe(",lal ilfllslgnment or bonus pay WhlCh would have been effectIve 1n the last pay perIod of the AcC"r(lal YE'ar prpC'edIng the effect I ve date of thF' negot l.ated Increase for the ne<xt fIscal ypar. ( ~ , "Day" shall mean employpes and a emploYF'es. 12 hours for FIre SuppreSSIon hourR for 40 hour per wepK fl To be< ell q 1 hIe have a mI n Imum rl~ys pi'lyoff an employee must Bank of twenty-two (22) to re("'Plve SIck Leave C. An employee WIth the requIred Bank (and years of serVI ce as of the end of the :B.ccrui'tl VPnr) wlll bp el1g1ble to sell unused SIck leave earned during an :B.crrual Year accordIng to the followlng schpdule: - 15 - e e l.pss thRn 10 Cnmplpted Y€'ttrs of SerVIce wIth Santa Monica 10 or More Complpted Year~ Servlce wlth Santa Monlea DRVs U"led Unused D;tys ~yallable for Pay Daye; Used Unused Day~ AvaIlable for Pay 0 6 0 9 1 5 1 8 2 4 2 7 3 3 3 6 4 2 4 5 5 1 5 4 6 or more 0 6 'i 7 2 8 1 9 or more 0 D P.'lyoff ~hil)l he- milde at the Basf> Hnllrly Rate E 51 ck leave for whIch payoff 15 receIved shall be C'cmsldpred "ll!:;e"d" In tnat It W1]l not be ndded to thp Bank (or If added to the Banle: prior to the payoff rtnte1 shall be removed from the Bi'lnkj F- Each employee eLIglble for payott wIll elect whether to - t l'lkf" payof f or to ...dd the paynbl e SIck LeC'lve to the Bank" The electl.on wIll be made prIor to June 10th of eac-h AcC'rual Ypar. G Payoff for an Accrual Year wIll be avaIlable only to those pmployeE"s on the payrOll ,lllly 1st of thp followIng Accrual Year, wIth the exceptIon that those pmployees who retIre on a Servlce RetIrement, or who are InvoluntarIly Beparated due to lack of funds (layoff); dur1ng thp Accrual Year ~hal] he glven thp opportunlty to rer.elve payoff on a pro-rata baSIS. Employees who s€'pC'lrate t rom CI ty aerV1 ce other than by retIrement or by layoff shall not be elIgIble for payed f . Thp pro-rata payoff C'omputf"d as follows: referenced above shall be (11 For employees w1th less than 10 completed years of serVIce tnp formula wl1l be Total SIC'k Leavp Di:lYs Earned in Accrual Year multIplled by .5, minus Total S1ck l.p",ve ll~€'d ]n Acc-rual Y€'~r. - 16 - 3 06. 3 07. 3.08. e e (21 For pmplnyees wIth more than 10 ~omplpted ypar~ of servIce, the formula wIll be Total SIck Leave DRYS Earned In :-'cC'rual Year multIplIed by .75 mInus Total SIck Leave Used In Accrual Year. H. It 1 S hpr-pby mutual J y agrf'ed tnat the fiJ ck leavp accrual rate shall be lImIted to one day per month of satI~fac-tory ~erv'~e. ThIS prOVIsIon applles to all employP€'s of the bargaInIng unIt covered by thl~ MOlI whpther or not the lndlVldual ~mploype elects to rf~CeIVe payoff annually. The SIck Leave Bank for paC'h pmp] nyee shall hen~eforth he I1ml te-d to llnUSf"n Slrk leave day~ maXImum. SIck leave day~ "banked" by pmploypes C'ovprpd hprPln prlor to the ImplementatIon dRte of thIS agreement are not to be reduced by thIS acrrual 11'Tlltatlon. Howpvpr, If the pmployee'g Sick LpRve Bank IS greater than 130 days, no further SIck )pave shall be addpo to the' Rank untIl the Mi!nk drop") bplow the 130 day maXImum, at WhIch time the employee may "h~nk>> up to the maXImum 130 days. Deferred CompensatIon It ]C) herpby aqrf'ed that employpes covpred herpln wIll bf' oftered partICIpatIon In the CIty'S deferred compensatIon plan. MIleag~ ReImbursement Rplmt"mrspmpnt to pmplnyee>c; tor i'illthor17f'd u..e of p€'r,,;onal automobIle.. on CIty bUS1ness shall be at the rate pst~hl1~h~ct by thf' CIty Coun~Il. Educat10nal Incentive A. :-'n pduc~tlon lnc-entlve honus IS pald to pmployees In the clasSIfIcatIons of Flreflghter, FIre Eng1neer, F] re Capt a 1n and Ra tt a I lon Ch] f'f 1 covered hereunder as follows: (1) An employee who ha~ atta1ned satlsfactory credIt for nO co)l pge-l eve} seme")ter unI ts [or qUnrter unlt eqUIvalent)} at least 16 of wh1.ch un1.ts ~hall be In fIre s€'rVl~p rel~ted ~ubJP~ts, ~hal I be paId $60 per month as an educatIonal lnr:entlve bonus. - 17 - 3 09 e e 12) An pmployee who has attnlned 5atI~tact0ry credIt tor 120 college-level semester unIts (or quarter unIt e<quIvi'l1e<ntJ at Je<ast 32 of WhlCh unIt5 shRII be In fIre serVIce related SUbJects shall he pald $110 per mo~th as ~n e<nucatIonal incent1.ve bonus. In oriter to maIntaIn thIS bonus, the pmployee musr have eIther attaIned credIt for at least 3 addItIonal c-ollpge-lpvel llnlts durlng the prevIous 12 month period WIth a mark of "e" or "Pass" or better, or at ]~ast 2 aodltlonal flre< s~rVlce relatpd unIts durInq the preVIOUS 12 month perl-od WI th a mark of "C" or "Pass" or bett~r, Aprll-catIon for the educatIonal IncentIve, a("C"ompanl ed by el ther a rf"Port cl'Ird, tri'lnSCrl pt, or certIfIcate of completIon by the l~suIng agency, ~hall be made< once annually, on August 1, f"Bch year anri shall be made effectIve WIth the fIrst payroll perIod followIng that date. FIlmlng/Stand-bv Assignments Pprsonnp) who voluntpf"'r to wnrk fllm}n~/stand-by aS~lgnments shall be entItled to receIve compensatIon for a rnlnlmum of R hours at the followIng rates of pay' (1 I For the fIrst 8 hours - Hourly rate ~hall be equal to 1% of the gross monthly si'll~ry tor "E" stPn Flref1.ghter. (21 For the 9th through 12th hour - Hourly rate shall be egllal to 1-1//'% of the qross monthly sali'lry for "E" step FIrefIghters. (31 For .=tll hours 1n e<x("ess of 12 hours - Hourly rat? shall be equal to 2% of the gross monthly salary for "E" step Flreflghter. - 18 - e e ART~CLE TV. LEAVES 4.01. Pal.d HolIdays Employees covered hereIn shall receive twelve (12) paId holld~vs as tollows: ~. Employees assIgned to Suppre~slon shall re<celve; 1 Rt of ~lanl1i'lry 3rd Monday of January 12th of February 3rd Monday of February 4th Mond~y of Mi'lY 4th of July 1st Mond~y of Spptember 9th of September 12th of Oc-toher 4th Monday of October ThanksgIVIng Dtiy 2~th of December F.mployeeR ('IS!':;) gnpr1 to 5lJppre1".C:lon 5httll receIve 1 day l12 hours pay) for etich holiday, whether on-duty or Off-duty, QL c;hall be E'ntltled to "float" saId 12-hour day for use at the employee's dIscretIon, provldE'o 1} sald use 15 wlthln the< fIsral year In WhICh It i~ accrued, and 2j 72 hour notlce 1S g1ven to thE' on-duty RattalIon ChlPf SnId "float" days arp countpd agaInst the 288 CompP.n~atory "lmP/Excnflnge 'l'1me Ilmlt. If "floatf"d" c1nyS are not u~ed prIor to the end of the fIscal year, the pmployee ~hal1 he prtld the ,rtsh v~lue for saId floated holIday segments at the end of the f1scal ypar. - 19 - 4.02. e e B. F.ll1ployeoes asslgnpd to PreovpntIon or Admlnlstratlvt'" dutIes shall receIve as pa~d holIdays the followIng~ 1st of Janu,,"'y 3rd Monday of January 12th of Februi'lry 3rd Monday ot February 4th Monday of Mi'lY 4th of July 1st Monday of Septpmher Thank5g~vlng Day The FrIday follOWIng ThanksgIvIng Thp. half (1/2) day ImmedIately precedIng ChrIstmas 21lth of Dpcpmbe<r Thp half (1/2) day Immed~ately preceding New Year's One floatIng holIday (to be< use<n at The f'mployee'c; d,scretlon) Vacatlon Each employee OccupYIng a regularly authorIzed full-tIme p051tlon or a permanent and contInuIng Oi'lrt-tlme posltlon In any Job claSSIfIcatIon covered hereIn shall accrue VaC-i'ltIon lettvp WIth pny on the folJowlng baSIS. "Day"]~ dpflned In SectIon 3.05.A. of thus MOll. A. FollOWIng romp)ptlon of The tlrst SIX months of continuou~ servI~e, 6 days. B. ThprPAfter> up to ~nd Inc-Illolng 5 c-ompletf'od YE"nrs ot serVIce, 1 day for each completed calendar month of sprV1CP. C Thereafter} up to and IncludIng 10 completed years of ~f'orVlceJ 1 25 oays for pach completed ralpndar month of service. D Thereafter} up to and Including 15 years of service, 1 SR n~ys for Prt~h cnmplpted calpndar month of Sl"rVlce. E Upon completIon thf'reBftpr, 1-75 month of serVlce. 15 for years of serVlce and each romp]ptpd calpnclar of Oi'tys F. 1'he llmJtatlons on the a~cllm111ntlon} pronortlonatp accumlllat ton, schedu 11 ng and payment for such leave <:;hall be AS prpscrlhed In the CIVll !'IprV1C'p prOV1SlonS of thp Santa Monica Mllnlclpal Code. - 20 - e e G The followIng procedures wIll be followed when R~Je~tlng vaeatlonR: (11 The BattalIon ChIefs wIll not be Included on the vacatIon llRt, nor be counted as vacatIonIng members. {21 VacatIons w1l] be 5e)ected hy ~pnlorlty fdate 01 hIre) . (11 The followIng platoon days are not avaIlable for vac-atlon RPle~tlon: December 24th December 25th December 31st t4) Only two Va~at]on perIods maFKPd wlth asterlsk~ may be chosen, when vacatIon days are not 1n consec-utlve< orrler. (51 No more than 4 members shall be permItted vaca- tIon trom anyone platoon on any one< o~y ThlS lncludes segment plck~. r61 No more than 2 raptalns trom the samp platoon shall be permItted on vacatIon at anyone tlme<1 lnrludlng s~gment RhlftR. (71 Members are adVIsed to select theIr vacatIons rarefully, as exrhangp of Vi'tC"at1('1nS 'Wll] be ]n caqes of emergency only, pursuant to SectIon ~O of the Rules rind Rpglllatlons. (AI Each member WIll sE"lect hIs/her vacatIon when It I"> hlc;/hpr turn to plC"lc: .::IS follOWS. (a1 In consecutIve order (total tlme not to ex("'ppr] l] d~y">) {bl ~l 1 vacatIons mu~t be taken in 3 conseC"utlve< shlft ]ncrpmpnts. (C) Any remaInIng allotments may be used at the pmploypp's dIsC"re<tlon1 proVlopd hel sh~ does so prIor to September 1st. If a mpmher chooses to float vacatIon daY5 for u">e later In the yeAr, the follOWIng gUIde- llneq mURt be follnwe<d: All vac-atlon sh~]l bp srheduled or the department notlfled In wrItIng of Intpnrled use prIor to Reptemhe<r I of the vac-ation year. Float day~ may only be talc:~n If a v~C"~nt llne ~ppear5 on the Mpslrpn dillY, - 21 - L03 4 04. 4.05. It e (91 Odd vacatlon days as well as float vacatIon seqmpnts sh~ll be placPd on the< vacatIon llst and approved after every member has made thplr InItIal chOIce, on a flrst-cnme, fIrst- sprve baSIS. The request for float vacatIon use must be recPlved In the platoon commander's off1ce by 1200 hours of the rnemhpr's l~st rpqular on-duty ~hIft prIor to the requested vacatIon. 110) It 15 agre~d to pstabllRh a JOInt rommlttep (2 aSSOCIatIon members and 1 appOIntee of the ChIef) to ev~luate and formulate npw vacatIon selectIon methods, with a 1988 (vacatIon year) Implpment~tlon date. SIck Leave S1 ck Ipave shall be de-fIned as in SpctIon 21041 of the S~nta MonIca MunICIpal rode hpreby ]ncorporat~d as It set forth In full hereIn J,PBVP of AbsencE'" Wlthout Pay Such leave sh..d 1 be governpd by Santa MonIca MunICIpal C:odp 5ect 1 on 2104C Whl c-h IS !'Oumma r I zpd as: An pmp 1 oYPr' may b~ granted a leave of absence WIthout pay upon applIcatIon ~pproved by the Department Hpad and the CIty Manager. Such leave may not exceed one ypar. Upon PXplratlon of the Ipave1 the employe<e shall bE" rE"ln~tatpd to the pOSItIon held before the leave was granted. Such Ipave '\hall be grant"ed only In those C."lSPS whe<re< an employ~p's record of serVIce and qualIfications make 1t neslrable for the CIty to retaln his/her RerVlres pvpn at the cost of some inconven1ence to the City. Jurv Dutv - - A.ny line-1.tem employee covered hereln, when duly called to serve on any J l1ry and whpn not exeu <;ed t Qeref rom ~ shall receIve the regular base compensation less all Jury fp-es recelved excludlnq mllpage for the tlme reqUIred to be spent under the JurIsdIctIon of the court. Each pmploype recel VI ng a not 1 C'e to rE"port for Jtl ry serVIce shall ImmedIately notify hIs/her immedIate supervisor. - 22 - 4 06. 4 07 e e Employpes reportIng for Jury serVIce shall be placed on a 40 hour per WPPK Schpc1ule. If the pmp)nyee was on a suppresSion assIgnment, the< Jury duty will not be ronSldpred an admlnlstratIve asslgnmpnt, nor would employees regularly on fIre preventIon receive an ",dmlnlstratlve bonus un1ess they had prE-VIOllsly bf"pn on administratIve asslgnment. Whenp-ver dnJly Jury duty schedulIng permIts, employeE'c; shall return to theIr regular dally Job ass1.gnment to romp]ete thplr rpgu]ar dally work hours. Mllltary Leave Mllltary leave shall be admInIstered In accordance WIth nOplJrah)e Fpdpral/State rndes, ordlnanres, and laws- Wo~kprs' CompensatIon Leave WarKPrs' comppnSi'ltlon If>avp. e;hi'lll be In ac:coroance WIth applIcable CalifornIa State Law. - 23 - e e AR'I'1Cl..F V. 5.01. 5 O~. WORJ<TNG CO/IJP1T10NS Safety The Cl ty sha 11 provIde sat e , clean] and hea 1 thy CIty f~CIlltle<q In ~rcord~nre wIth ~ppl1,~ble Fed~ra], State, and local laws and regulat~ons. The employee organI7atlon aryrees that whpr~ Rafety dpvIces or ltpms ot protective eqUIpment are required or furnIshed] their use c;hall be mandatory. Furthe<r] LoraI J 109 and the m~nagement of the FIre Department shall meet on a quartf'rly baRIs to pdJsrl1ss Sfltpty or pqulpmE'nt Issues or concerns. Cnn~tflnt St~frJng 'l'he term "constant staffIng" shall mean the number of ppr e;onnpl ass 1 gnpo to a pI at oon. J tIS aqrf'ed that thf' current constant st",fflng program shall be a 29 person per ~hIft mlnlmum and a ~1 ppr~on ppr Shltt m~Xlmum mrfnnlng level. However, the C1.ty, 1.n antICIpatIon off Vi'lran'lps, m~y t'llrp 3 C1ddltloni\] flre personnf'l to fIll antICIpated vacanCIes for a pertod not to exceed 4 month~ prlor to ~uch varancy actu<'llly orrurrlng, un/pss "iUch tlme l1.mIt l~ speCIfIcally waIved by Local 1109 It IS hprpby further agrppd that whpn thp statfln1 strength of a platoon lS reduced beLow thp current ml"1mum stafflng If've<l of 19 ~"d s~ld vac~nry Ie; mnlnt~lned for more than a 60 day perIod, It IS expre~sly fll1r ppd t ha t the prnp 1 ()y~e f 111 , ng sa 1 d vaC'anr:Y shi'll] bp p81d overtIme exceptIng th",t the CIty IS hereby gIven the rlght to dpC"]are it" lnabl]lty to flll Rind vacan,y. In thp event the CIty declares an inabIlIty to fIll saId v~C'~n~y, untIl ~uch tlme as the CIty fllls Bald vacancy; the then current mInImum staffIng strength for saId pI at oon sha] 1 be reduC'pd to arrol1nt tor sa I d vacanry or vaCanr.leS. - 24 - 5 01. 5 04. 5 O~. e . PprformAncp EV~)11~t1bn~ fQr ProhatIonAry Fmp)oype~ All probatIonary employee~ shall be perIodIcally examIned tor proflclPnry durIng thplr probatlon~ry perlod, a~cordlng to the followIng sched111e~ A. WrItten and practI~al ~ppllc-atlon ex~mlnatlon~ shall be admInIstered in the 5th month of employ- mpnt and prIor to the 6th month. B WrItten and practIcal applIcatIon examInatIons shall be adrnlnlsterpd In the lIth month of employ- ment and prIor to the 12th month. C The FIre Ch1ef ~h~ll mnke a dptprm1nat1on as to thp status of the probatIonary employee prIor to the eno OT thp 12th month of pmploympnt. Mandatory PhYSIcal FItness One and one-half hour~ per day shall be provlopd for suppressIon personnel for cardIovascular condItIonIng) f)PXlblllty exerc-Ises, and strpngth condltlonlng. Suc-h hours shall be scheduled at thp dIscretIon of the company commander. ParamedIC CertIfIcatIon & SelectIon Process It IS aqrped that the fo11owlnq prorPdurp wll hp uspd for selectIng members to attend paramedIC traInIng: A. The cand1datp mllst pass thE" Los Anqples County Dppartment of Health SerVIces' Parampdlc SChool Pre- ~P5t WIth a score of 7~% or bpttpr B. The candIate WIll successfully complete an oral examlnatlon before a Hoard conSIstIng of 1 raramedlc, I paramedIC lIaIson nurse or phYSICIan, a representa- tIve from th~ Personnpl nppartmpnt1 And a member appointed by the F1re ChIef. c. ~ promotabllIty form e;hall be comp)etp~ by the c~ndl- dates ImmedIate superVisor and his/her BattalIon ChlPf D The FIre Department WIll establIsh an elIgIbIlIty lIst baspd on the total score as derIved tram Step~ A-~, above. The FIre ChIef WIll make hIS selectIon trom ~mong the nAme<s on thp lIst. - 25 - 5 Of>_ e e Eff~~t Qf Jo~ pprfnrmAn~~ on S~]ary The CIty Manager, 1n exceptIonal cases, based upon RpPr"lflC .=tppr<n~"l ot the lmporti'lnC'E' t'lnd dIffICUlty ot ~hp. work and the exper1ence and abIlIty of the person to be pmploypd, or of the InCllmnentl mtly 811thorl'Ze< entranC"P SalarlE'S hlgher than the mlnlmum) and sppclal lncreases i'lhovE' the ~mount prp~crlbpd In the salary schpdule for thp class and length of serVlce of the Incumbent. In no pvpnt, howpver, qhall the r.,te excppd thE' maXlmum r~te for that class. Notwlthstandlng any provlslon contalned hereln, there wlll bp no InC'rpaSE' In wages of any klnd tiS a rE'Rult of i'l NO'" Af"CEPTABLE ratIng on the employee's prescrlbed perlodlc- pE'rformanc-p ratlng. There WJll be no Rubsequent l.nCrer'lc;es In wagec; untll the NOT ACCEP'I'ABLE ratlng has hpen lmprmTPd to at If'ast the< SA'l']SFAGTOHY levpl. It pprforrnance 1 S ra ted NOT ACCEPTABLE an employee moy be 01 <;mIS"',,"n tram o;prvlrp, and If twn consecutIvP pprformance ratIng"! are marked 11I0'1' ACCEPTABLE) employee sh411 he ("hRmJc;'":f"d ny o'Ippolntlng ...uthorlty for lnpffHaency (SMCC SectIon 2104A1). Any ratIng 1n the RFI.OW <)}\'T'lSFA(,'T'OHY C"ntP<Jory mny dl'"lay the' next sC"'hpdu}Pc1 salary 1ncreac;e at the dlscret10n of thp- appOIntIng ."'llltho...,ty. C;urh art10n ~hrtll rpmrtln In pttPC't untl} thp rntlng h~~ been lmproved to at least a SA'1'ISFACTORY J evp) - 26 - It e ARTICLE VI. EMPl.OYER/FMPI.OVEE RRI.A'J'l f)N$ 6.01. 6 02 6.03. payroll Deductlons It 1 S mutlltllly unden;tond ^nd agreed that the Cl ty Wl)); sUhJect to the provIsIons of Ordlnance 801 (eeS) and NIH"lnq the term of thIS MOU) dpduct monthly ",nd rpmlt tn thp off1ce or offIcer dp-slgnated In the employee payroll dpdurtlon anthorlZi'ltlon rprognJ?ed pmployee organl7atlon dues, credit unIon Investments or payments, health and hOspltal17atlon In5uranc~ prE"mlUmS; and 11fe ~nd accldent 1. n5urance preml ums Any or a II of such payro 11 deduc-tlon5 are suhlec-t to termlnatlon by thp Clty Manager upon 24 hours notlce for fa~lure by Local 1109 to comply ""'lth th~ provISIons of thls MOll. ~easonab1e NotIce It lfi mutually agrpE"d that ],nral ] 109 .<:httll reCf'Jve at l.t'3 place of bUSIness (Statlon #'31 1302 19th Street1 a r'"1PV , Vl a ] nterrl ty m~l]) of the Cl ty Counrll ;rnd/or pprsonnel Board agenda for each meeting Further, it 15 undpr!'>tnod that "iel1d notltlcatlon c;ht\J] be ronC'llrrf'nt Wl t 1'1 the not I f 1 ca t Ion prov1ded the Per sonne] Boa rd and rlty r.Ounrll mE"mhpr5. GrIevance/ComplaInt POllCY A grlPVnnre l~ a comnlalnt by on? or more employee~ covered by th 1 s MOlJ or by the Santa Monl C a FI refIght ers AqROrlatlon ronrprnlng the nppllratlon or Interpre<tatlon ot the MOll) ordInances) resolutIons, po1lcles~ practIces or procedures ~ffertll'lg the f'mp)oyee's waC)'Ps, hour~ apolar workIng cond1tlons. ThIS gr1evance and compla1nt polley rloes not apply to suspenSJons, dpmotlonS1 anH remov~ls WhICh are subJect to the procedures outlined 10 SP("'tlCln ?10fiB et c;Pq- of the< SRnta Monlca MunJClpal Cod", ann wtnch must be pursued by the aggr1eved employee(s). Thl!'> grlPvRnce and c-omplalnt pOliCY also doe~ not apply to protest of performance evaluatIon'l Wh1Ch are subJect to thp procPdllres outllnpd ]n Sectlon 2104A of the Santa MonIca MunIclpal Code and WhICh must be pursued by the nqqrlPvPo f'mployepl~}. - 27 - e . A. 'rhe ;IfJgrlF'vpd pmn)oYPPlo;) o;h-ill mppt wIth thF' l.mmedI ate superVI sor regardl. ng the gr l.evance, WhI en must be state<d In wHltlnq on Form F-l0, sppcIflC'ally clting thE" MOU, ordInance, re~olut1.on, rule, POlICY, prt'lC"t 1 ce or prorpdllre that IS the sllhl~ct of thp grlevance and thp CIrcumstances givIng rIse to the grlevanC"'e. B If tne grl.evance IS not resolved by the end of the pmploype's :~rd regularly sC"'heduled Shlft folJQWInc; the shIft on WhICh presentatIon of the grIevance to the lmmpr}1atE;> supervlsor occurredJ the e<mployeE" may, wIth1.n 5 regularly scheduled ShIfts thereafter, npPf"al to the sE!rond lpv~l ~l1perVISor, It nny, USIng Form F-l0. C - It the grl.ev1.l.nce 1.8 not resolved by thE" end of the F'mploypE"'S '-\rd rE"qu)~rly srhedlllE"d shIft folloWIng presentatIon to the second level superVIsor, If any, thE" F'mplnyee mny wlthln 5 rF'gularly sc-hE"duIPd Shlft~ thpreafter, appeal to the FIre ChIef USIng Form F-l0. The< Flre rhlef Rh~ll mept wIth thE" pmploype and thp emploYf"e's representatl.ve to attempt to resolve the qrleV.:lnl"'e< D If thp grlevnnce 1."1 not resolved by thp end ot the employpp's 10th rF'qulnrly 5chpdlllE'd c;hlft follnWlnrr presentat1.on ot thp Form F-10 to thf" FIre Chl.ef, the pmplnype mny, wlttnn 5 requl;p"'ly ~rhedlllPd ~hltt~ thpre~fter; appeal to the Personnel DIrector, who wlll lnVPS~lq~te the grlevanre ~nd makp rerommpnnatlon<; to thp CI ty Manager, who~p deC"'IS'lOn c;hnll he- fIn",l. The dpC"151on of the Clty Milni'lger shall be l~~ued no l",ter th~n thp end of the f"mployPF"s 10th rpguli'lrly ,,>che<dulpd "lhlftJ atrpr thf' fll1.ng of appeal wIth the Personnel DIrector. E. For the pllrpO~PR of thIS grlevan("~ proC"edllrE", "ShIft' shall me<nn the regularly scheduled 24 hour work pprIod for Sllppreo;qlon personnp}, and thE' regularly scheduled eIght-hour work day for personnel not asslqnpd to the< 56 hour work wpek. F- All t1.me perIods In thIS sect1.on may be extended by mutual conspnt of the pmployee and The managpmenr representatIve lnvolved - 28 - 6 04. e It G. A grIevance shall be conSIdered untImely if not prp~P'nted by the pmploypP' or the Ase;oClc'!tlon wIthIn 30 day~ ot thp InCIdent g1vIng rlse to the grIevance or WIthIn 30 r1nY~ of lts ettect upon the pmployee In those ~nstances where It IS shown tha~ the employee rnlll d not rl"'i'isonrl r-ll y hi'lve known of t hp gr 1 evab 1 p a~tIon. H. Employees shall have the rIght to be represented In gr)Pv~nce matters In the folloWIng mannpr: (1 1 Employees shall have the rIght to represent th@msplves InnlVldunlly In grIevance mattprs. ( 7 1 Employees may de'ngnate Dppartmpnt to rpprp<;pnt m.'ltter~ at steps onp. (A I grlPVnnrp prorpss. a member of the them 1 n gr I pvancp and two ( R J 0 f t h p r 3 1 Employee~ m~y de~lgnate a departmental or rpprp~pntatIVP to rpprpqpnt them In stPp~ lCl and four (Dl ot the procerlure. leg,,-l threp f41 No sllpe<rV]90rS "haJJ tH" rppresentf'o In grIPvancp matter~ by one of theIr subordInate employees f51 No !'"mplnypes ,,:hitll bp reprpsented In grlPvanc-p matters by theIr superVisors. J_ An pmplnyee who hns InltlntPd a qrlPvanrp; or asc;lsted another employee In inItIatIng and/or pro~ee;e;lng a qrlPVAnre, e;hnll not In nny Wi'lY bp coprcedJ Intlmldated or dl~crlmlnated aga~nst. P]e;.=ltnlltv Hptlrpmpnt DH,outp Re~o]utJ('In I-'rorpdurp A Upon appll~atlon for dIsab~llty retIrement by an pmplnype covprpd by th15 MOU, the CIty wIl] deCIde to approve or dl ~ approve such app 11 cat Ion WI t.hl n 180 dnys nnd WIll notlfy thE' pmploype of the OPclslon In wrIting immediately. If thE' CIty Intends to make npnlIcat10n tor <"!" pmploype's rE'tIrpmpnt, thp employee WIll be notIfIed In wrItIng Immed~ately_ B In the f'vpnt th<it a 01 <;.oute ilrl ~P<; bptwee>n thE' CI ty and an employep regardIng the employee's ellglb~11ty - 1q - e . for d1~abllity retIrement or effectIve d~te of d 1 'Hlnl 11 ty rpt 1 rpment} the f 0) I aWl ng prOf"Pl1u re< f!ha 1 I bE'" useo to re~olve the dIspute: III An pmployee may ~onrp~t a dec1~'on madE" by thp CIty regardIng her/hIs dlsablllty retIrement by m~)(lng a wrlttpn request for a hearJng to th.. CIty Mitnager WIthIn 15 days of serVIce of notIce from thE' C, ty of thE' OeCI!ll on If no rf~qllPst to Initiate the dIspute resolution process 15 re>C-Pl vpd Wl th1 n 15 n~ys of SprVI ("'e of not 1 ce, the r1ght to exprClse the proces~ IS waived and the CIty WIll procepd to lmp]empnt Its deCl~lon ( 2 l Thp City Manager shall set a date hearIng WhlCh wlll be no Inter thi'ln follOWIng the fIlIng of the request for for the 30 daye; hearIng. !31 Thp A~~l~tant CIty Manager or anothe<r mananf>ment off 1 C'l a 1 decngna ten by the Cl ty Manager (other Than the Pprsonnp] n]rec~nr, the pmplnye>e'n Dppartment Head) or any ot her 1 ndl vldua 1 WI th prIor Involvpmf"nt In the< rhSpllte}} Shill I preSlClP a~ thp hearIng offIcer.. (4) Thp CIty Attornpy's OfflcE" c;hill) qE"rvp as JE"gal adVIsor to the hparIng offIcer. (5) 'l' he pmp 1 nyp p repreSE"ntat1ve of Thp ("'05 t of ~Il rh by the employee>. 5h~ll he f"ntltlPd his/her chOIce 1n the< reprp~pntntlon e;hall to n hearIng. be hornf' 161 'l'ht" pmployee lor her/hlS rf'preSF'nti"ltlVf""i1 ann the City shall be entItled to present eVldence) \'illl WI tnpc;e;es ~nd rros~-pxam' ne Wl tne5~PS at the hparIng SubJect to the rlght of rr05s-pxamlnatlon i"IS provlded beJnw, pxnert Olprhcal testlmony mU"it be submitted by wrItten rpport. MpdJcal pVldf"nce ~hall be pxrhan~t"d by the parties as early as reasonably posslble hpforp the date of the heanng. ThE" opnOSlnC"j' party; at 1t~ own expense, may subpoena the medlral expprt to rrosg-eXamlne anythlnry contalned 1n the medlcal report. Where testlmnny of CIty employees 15 lnvo]vpd, at lE"ast seven days advance notice shall be gIven to the Dppartme<nt Hpan so that work i"I~slgnmentc; m~y be made accordIngly. Wherever practIcable J r,ty pmploypps nppdpd as vltnp~RP5 shilll bp pl~ced on an on-call baSIS. 171 ThE" hpnrlng Rhal I bE" Informal In nature ilnn provIslon5 of Government Code Section 11513 shall govern tht" hearlng thp ( c ) - 30 - 6.05.. e e (81 A certIfIed court reporter shall bp present to re~ord the procppdlngs and shall be p~ld hy thp CIty. Thp cost of transcrlptlon shall be borne by thp p-"lrty rpqllE"stIng the transcrlpt. (ql Th~ CIty shall have thE' burden of proof that Its deCISIon should be sustalnpd. (10) The decisIon of the hearIng offIcer shall be IS!'lue<d In wrItIng And maIled to all partH~s to the hearIng wIthIn 10 days followIng the ~onc]uslon of the hearIng. (11) A waIver of time lImIts specifIed hereIn may be mutll~lly agrepd upon by the partIes.. (12) The dpcisIon of the hearIng offIcer shall be fll"ial} SUbJect to JUdl Cl al rpVl ew comment"ed by the employee In accordance WIth MuniCIpal Code SeC"tlon 1400. TIme Off for UnIon BUSIness It IS herPby aqrped that dUr1"g the tprm of thIS aqreemf"nt a maXImum tot a I of 288 hours each f 1 sca 1 yei'lr wll] hp allowed fat full pay and benE'tlt~l for USE' by any Local 1109 representatIve that may reqUIre tIme off for ~ny re<sponslhllltlE'S aqsoclatpd WIth employeE' rppreospntat Ion. AccountIng of saId tIme shall be the r P S non !II I b I ] 1 t Y 0 f fl n d mal n t a I n e d by the 0 f tIC- e 0 f thE" Fl re ChlE~f. Mpmbers of Local 1109 shall be permItted to attend qenPTal mpmbershlp mpetlngss and the CIty WI}) contlnUf'o to provIde a f ae III ty agreeable to both part les and of i'lpprnprJi'lte Sl'2:e for CJpneral mpmbE>rqhlp meet10gs WhIlE" me~bers are on-duty. It IS aqreed and understood that Local 3109 malntalns Its off~ces at FIre StatIon 3, 1302 19th Street} and shall be pE"rmltte<d to contInue thIS practIce for the term of thIS A.qreement. - 31 - e e IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this date: 1986. By: Santa Monica Firefighters Local No. 1109 IAFF City of Santa Monica - ~~ ~~~ ~ Scott Ziegert, vi e p esident City Manager ~~c. ~~ steve Davis, Vice President APPROVED AS TO FORM: By Robert M. Myers city Attorney