R-8832
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RESOLUTION NO. 8832
(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 1109, IAFF
WHEREAS, the City administration and representatives of the Santa
Monica FirefIghters Local 1109, IAFF, have met and conferred under the terms of
Ordinance No. 801 ICCS) and have reached agreement on wages, hours and other
terms and conditions of employment, and
WHEREAS, Section 2 06 of Ordinance No. 801 (CCS) of the City of
Santa MOnica requires preparatIon of a written 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 the Memorandum of Understanding IS to
promote and provide harmonious relations, cooperation, and understanding between
the City and the Santa Monica Firefighters Local 1109, IAFF;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS
SectIon 1 The CIty CouncIl of the CIty of Santa MOnica does hereby
approve and authorize the City Manager to execute the Memorandum of
Understanding executed by the Santa Monica Flreflghters Local 1109, IAFF, a copy
of which IS attached hereto.
SectIon 2. The City Clerk shall certify to the adoptIon of this Resolution,
and thenceforth and thereafter the same shall be In full force and effect.
APPROVED AS TO FORM
~~~~
City Attorney
(KB "ff13"1
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Adopted and approved this 15th of November, 1994
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I hereby certify that the foregomg ResolutIOn 8832 (CCS) was duly adopted at a meeting
of the City Council held on the 15th of November, 1994 by the followmg vote
Ayes Councilmembers Abdo, Genser, Holbrook, Olsen, Rosenstem
Noes Counctlmembers' None
Abstam Counctlmembers: None
Absent Counctlmembers Greenberg, Vazquez
ATTEST
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City Clerk
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
SANTA MONICA FIREFIGHTERS
LOCAL 1109 IAFF
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER PAGE #
ARTICLE I: GENERAL PROVISIONS
1.01 Parties to Memorandum. ............ . . . . . . . . . . . . . . .3
1.02 Purpose............................................ 3
1.03 Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
1.04 Union Recognition, Responsibilities and Rights... .3
1.05 Full Understanding, Modification, and Waiver..... ..5
1.06 Management Rights..... .............................6
1.07 Peaceful Performance of City Services...... . .... . .6
1.08 Validity of Memorandum of Understanding... . ...... ..6
1.09 Equal Employment................................... 7
1.10 Definitions............................. . . . . . . . . .8
1.11 Payment for Time Not Worked at Termination of City
Employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.12 Overpayment Remedy....... ..........................9
ARTICLE II: COMPENSATION
2.01 Effective Date of Pay Increase................... .10
2.02 Salaries......................................... .10
2 . 0 3 Ove r time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0
2.04 Off -Duty Court Appearances... . . . . . . . . . . . . . . . . . . . . .11
2.05 Court Standby.................................... .11
2.06 Compensatory Time Off & Exchange of Time...... ....11
2.07 Administrative Adjustment............ ......... ... .12
2.08 Paramedic Bonus.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
2 . 09 EMT Bonus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.10 Promotional Pay Rate.. ........................... .13
2.11 Acting Pay ...................... . . . . . . . . . . . . . . .14
2.12 Bilingual Skill Pay... .................... . . . . . . .15
2.13 Performance Incent~ve Bonus........... . . . . . . . . . .15
2.14 y-rat~ng...... ...... .. . . . . . . . . . . . . . . . . . . . . . . . . . .17
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01 Health Insurance...... ........................... .18
3.02 Retirement........................................ 21
3.03 Uniform Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
3.04 Sick Leave Buy Back Program...................... .23
3.05 Deferred Compensation........ . . . . . . . . . . . . . . . . . . . . .25
3.06 Mileage Reimbursement..................... . . . . . . . .25
3.07 Educatlonal Incentive. .................... .. . . . . .25
3.08 Tuition Relmbursement.......... .. ,. .. . .. .. .. .. .. .. ,. .. .. .. . . .27
3.09 Filming/Standby Assignments.... .. ,. ,. .. .. .. .. .. .. .. .. .. .. .. .. .28
ARTICLE IV: LEAVES
4.01 Paid Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
4.02 Vacation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
4.03 sick Leave.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
4.04 Leave of Absence Without Pay. ..... ....... ..... ....31
4 . 05 Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4 . 06 Mi 1 i tary Leave...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4.07 Workers' Compensation Leave............ . . . . . . . . . .31
4.08 Bereavement Leave................................ .31
4.09 Parental Leave................................... .32
4.1.0 Family Leave. . . . . . . . . . . . . . . . . . . . . _ _ . . . . . . . . . . . . . . _ 32
ARTICLE V: WORKING CONDITIONS
5.01 Safety........................................... .33
5.02 Constant Staffing.... _._..... ._......_ _... ...... ..33
5.03 Mandatory Physical Fitness........................ 34
5.04 Paramedic Certification & Selection Process..... ..34
5.05 Effect of Job Performance on Salary....... ..... ...34
5.06 Washing Machines. ........ . . . . . . . . . . . . . . . . . . . . . . . .35
5 . 07 No Smoking Requirement.. . . . . . . . . . . . . . . . . . . . . . . . . . .35
5 . 08 Employee Parking.................................. 36
5.09 Promotional Examinations.............. ........ ... .36
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductions.. ............................. .37
6.02 Reasonable Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
6.03 Grievance/Complaint Policy.... ..... .. .. .. .. .. .. .. .. .. .. .. .. .. 37
6.04 Disability Retirement Dispute Resolution
Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
6.05 Time Off for Union Business...................... .41
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MEMORANDUM OF UNDERSTANDING
SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF
CITY OF SANTA MONICA
ARTICLE I. GENERAL PROVISIONS
1.01. Parties to Memorandum
This memorandum of understanding (MOD) is made and
entered into by and between the City of Santa Monica
(hereinafter referred to as IICityll) and the Santa Monica
Firefighters Local 1109 (hereinafter referred to as
"Local 1109" or 11 employees II), pursuant to the terms of
Government Code 3500 et seq. and the City of Santa Mon1ca
Ordinance 801, hereby incorporated by reference as if
fully set forth here1n. This MOU covers these employees
in the classifications listed in Section 1.04 below.
1.02. PurDose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation and
understanding between the City and the employees covered
herein; to provide an orderly and equitable means of
resolv1ng differences which may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by Local 1109.
1.03. Term of Agreement
This Agreement shall be effective on July I, 1994 and
shall remain in full force and effect until June 30,
1996. It shall be automatically renewed from year to
year thereafter unless either party prov1des wr1tten
notice to the other not later than March I, 1996 and of
each subsequent year that it desires to modify this
agreement, and specifically indicates requested
mod1fications. The one exception to this provision is
set forth in Subsection B of Section 2.02 (Salaries) of
this Agreement.
1.04. Union Recoqnitionr Responsibil1ties, and Riqhts
A. Recoqnition - The City recognizes Local 1109 of the
International Association of Firefighters (IAFF) as
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the recognized bargaining agent for the employees 1n
the following job classifications:
Battalion Chief
Fire Captain
Fire Engineer
Firefighter
Fire Prevention Englneer
Fire Prevention Inspector
It is the mutual understanding of the parties that
acknowledgment of Local 1109 as the recognized
employee organization:
(1) Does not preclude employees in such job
classifications from representing themselves
individually in their employment relations with
the City.
(2) Does not preclude or restrict the right of
management officials to meet and consult with
employees ~n such job classifications
concern~ng their employment relations with the
City.
As a result of a petition of accretion of the Fire
Prevention Inspector filed by Local 1109 and a
written statement signed by all of the current
incumbents in the Fire Prevention Inspector job
classification requesting that they be represented
by Local 1109, the City recognizes Local 1109 as the
recognized barga~ning agent for employees in the
Fire Prevention Inspector job classification as of
July I, 1992. Incumbents in the Fire Prevention
Inspector job classification as of July I, 1992
shall be lIgrandfatheredll as Fire Prevention
Inspectors and shall be covered by the terms and
conditions of this Agreement. However, all
vacancies in what would have been the Fire
Prevention Inspector job classificat~on shall be
filled by Firefighters, w~th the Fire Prevention
Inspector job classificat~on being eliminated once
all of the employees who have been II grandfathered "
as Fire Prevention Inspectors have vacated those
Fire Prevention Inspector positions. In addit~on,
all incumbents in the Flre Prevent~on Inspector job
classification who are Ifgrandfatheredlf must obtain a
Fire Prevention Off~cer III certification from the
State Fire Marshall by no later than June 30, 1994.
Any Fire Prevention Inspector who fails to meet this
position requirement by that date shall have his/her
employment with the City terminated. said
termination shall not be considered disciplinary in
nature but shall be based on the employee's failure
to meet minimum Job requirements.
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As a result of a petltion of accretion of the Fire
Prevention Engineer f~led by Local 1109 and a
written statement signed by the current incumbent in
the Fire Prevention Engineer job classification
requesting that he be represented by Local 1109, the
City recognizes Local 1109 as the recognized
bargaining agent for employees in the Fire
Prevention Engineer job classiflcation as of July 1,
1992. Incumbents in the Fire Prevention Engineer
job classificat~on as of July 1, 1992 shall be
ngrandfatheredll as Fire Prevention Engineers and
shall be covered by the terms and conditions of this
Agreement. However, all vacancies in what would
have been the Fire Prevent~on Engineer job
classification may, at the discretion of the Fire
Chief, be filled by Fire Captains, with the Fire
Prevention Engineer job classification being
eliminated once all of the employees who have been
lIgrandfatheredl1 as Fire Prevention Engineer, or who
are subsequently hired as Fire Prevention Inspector,
have vacated the Fire Prevention Engineer positions.
In addition, all incumbents in the Fire Prevention
Engineer job classification who are ngrandfatheredU
must obtain a Fire Prevention Officer III
certification from the State F~re Marshall by no
later than June 30, 1992 Any Fire Prevention
Engineer who fails to meet this position requ~rement
by that date shall have his/her employment with the
City terminated. Said termination shall not be
considered disciplinary in nature but shall be based
on the employee's failure to meet minimum job
requirements.
B. Duty of Representation - Local 1109 has the
duty to fairly represent all members of the
bargaining unit. Accordingly, Local 1109
agrees and shall assume its responsibilities as
the recogn~zed designated representative to
represent all unit employees without
discrimination, interference, restraint, or
coercion.
C. Scope of Representation - The scope of
representation of the recognized employee
organization shall be in accordance with the
valid laws, statutes and ordinances of the
State of California and the City of Santa
Monica.
1.05. Full UnderstandinG, Modificatlon, and Waiver
The parties agree that each has had full and unrestricted
right and opportunity to make, advance, and discuss all
matters properly w~thin the scope of representat~on as
outlined in Section 2.05 of Ordinance No. 801. This MOD
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constitutes the full and complete agreement of the
parties. Each party, for the term of this MOU,
speclfically waives the right to demand or petition for
changes herein; however, both parties may mutually agree
to meet and confer over items and issues contained
herein.
1.06. Manaqement Rights
The City retains all rights not specifically delegated by
this agreement, including, but not limited to the
exclusive right to:
direct, supervise, hire, promote, suspend, discipline,
discharge, transfer, assign, schedule, and retain
employees;
relieve employees from duties because of lack of work or
funds, or under conditions were continued work would be
ineffic~ent or nonproductive;
determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters;
determine the appropriate Job classlfications and
personnel by which government operations are to be
conductedi
determine the overall mission of the unit of government;
maintain and improve the effic~ency and effectiveness of
government operations;
take any necessary actions to carry out the miss~on of an
agency in situations of emergency; and
take whatever other actions may be necessary to carry out
the wishes of the public not otherwise specified above or
by collective agreement and perform all other functions
not specifically made subj ect to the meet and confer
process elsewhere in this MOU.
1.07. Peaceful Performance of Clty Services
For the duration of this agreement, the City agrees not
to lock out employees represented by Local 1109; and
Local 1109 agrees to abide by Sect~on 4.04 (A-C) of
Ordinance 801.
1.08 Validity of Memorandum of Understandinq
If any provision of this MOU is determined to be invalid
or illegal by a court of competent jurisdiction, then
such provision shall be severed from this MOU, but the
remalnder hereof shall remain in full force and effect.
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The parties hereto shall lmmediately commence to, in good
falth, negotiate for the purpose of replacing any such
invalid or illegal provision.
Should any change be made in any Federal or State law, or
in any rules and regulations implementing such
legislation, or in any City Charter provision which would
be applicable and contrary to any provision herein
contained, then such provlsion of thlS MOU shall be
automatically terminated, but the remainder of this MOD
shall remain in full force and effect. Such legislatlon
and/or rules and regulations shall supersede this MOU and
applicable clauses shall be substituted for those ruled
invalid or illegal. The parties hereto shall immedlately
commence to negotiate for the purpose of replaclng any
such invalid or illegal provision. Notwithstanding the
foregolng, the parties agree to make no change in wages,
benefits, accumulation of sick leave or vacation during
the term of this MOU, other than those specified in this
MOU.
1.09. Equal Employment
The City and Local 1109 will fully comply with the letter
and splrlt of all applicable Federalt State and local
laws, rules and regulations governing equal employment
opportunlty and with the City's current Affirmatlve
Action Program and current policy on Sexual Harassment,
which are incorporated by reference herein. The City and
Local 1109 will strive to achieve a workplace free of
blas and neither party will support or condone
manifestations of prejudice by employees covered
hereunder.
Local 1109 specifically agrees to support the City's
equal employment opportunity/affirmative action plan
policy as set forth below:
The policy of the City of Santa Monica is to provide
equal employment opportunity to all persons based on
individual merit without regard to race, rellgion, color,
age (40 and over), sex, national orlgln, ancestry,
medical condition (cancer related), marital status,
sexual preference or disability. The City will assure
equal employment opportunity in its policy decislons
affecting the recruitment, selectiont assignment,
promotlon, and tralning of personnel and in all other
terms, conditions and privileges of employment.
It is the City's intent and policy to promote the
objectives of equal employment opportunity through
affirmative and positive efforts. The City will work
cooperatively with lnstitutions, civic organizations,
community groups and other appropriate organizations
concerned with employment opportunities, as well as with
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its suppl1.ers and subcontractors, 1.n support of this
policy.
1.10. Def1.nitions
The following defin1.tions are to be applied in the
interpretation of th1.s MOU:
A. "Salary Range It shall mean the normal five-step (A
through E) hourly or monthly pay scale (and the bi-
weekly equivalent) assigned to each employment
position represented by Local 1109.
B. 11 Salary Range Steps A through E" shall mean and be
established to bear the following percentage
relationship to Salary Range Step E computed to the
nearest dollar, with attainment based upon the
following amounts of service in the position:
Step A - 81% of Step E - During first year of
employment
Step B - 85% of Step E - During second year
of employment
Step C - 90% of Step E - During third year
of employment
Step D - 95% of Step E - During fourth year
of employment
Step E - After fourth year of employment
C. "Nearest Dollar" shall mean the next lower dollar in
a monthly rate when the computed amount is 50 cents
or less and the next higher dollar when the computed
amount is 51 cents or more.
D. "Date of Entrance Anniversaryll shall mean the date
which recurs annually after the date of entry into a
position in the classified service of the C1.ty of
Santa Monica, either by original employment, re-
employment or promotion The date of entrance for
employees with broken service shall be considered as
that date on which the last unbroken service was
effective.
E. "Satisfactory Servicelt shall mean the attainment of
an Overall Performance Rating of not less than
"Satisfactory" on the performance report immediately
preceding the employee's date of entrance
annl.versary.
F. IIHours of Work" shall mean the established hours of
work for suppression personnel, fire prevention
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personnel, and personnel assigned to administratl.ve
duties.
(1) Personnel assigned to Suppression shall work 24
hour shifts, and an annual average of 56 hours
a week, based on a 28 day work period.
(2 ) Personnel assigned to Fire Prevention,
administrative or special duties/details shall
work no less than 40 hours a week on a schedule
convenient to the department and approved by
the department head.
G. II Pay Statusll shall include regularly assigned work
hours actually performed. In addition, pay status
shall also specifically include pay for time not
worked such as Sl.ck leave (including bereavement
leave) , vacation, hol idays , compensatory time off,
jury duty, workers' compensation leave, and ml.litary
leave.
H. "Workl.ng Dayr! shall mean 12 hours for Fire
Suppressl.on and 8 hours for administrative
employees. This definition shall apply to accrual
of benefits only.
I. lIWork Periodll shall mean a recurring 28 day period,
the first of which commenced at 0800 hours on
Sunday, April 13, 1986.
loll. Payment for Time Not Worked at Terml.nation of City
Employment
Payment for time not worked at termination or separatl.on
of City employment shall be calculated on an hour for
hour basis at 100% of the employee's salary.
1.12. Overpayment Remedy
Permanent employees covered herein shall reimburse the
Cl.ty for any overpayment of wages or benefits. Said
reimbursement shall not be required until the City
notifl.es the affected employee in writing. Reimbursement
may be accomplished by a lump-sum deduction made on the
next subsequent employee payroll warrant following
overpayment notification, or by other reasonable
repayment method mutually acceptable to the employee and
the City, except that lump-sum deduction shall be
required if the next subsequent employee payroll warrant
is the final or termination warrant issued to the
affected employee.
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ARTICLE II. COMPENSATION
2 01- Effective Date of Pay Increase
Notwithstanding any other provis~on contained herein,
changes in salary rates shall become effective on the
first day of the payroll period closest to the effective
date stated herein.
2.02. Salaries
A. Effective July I, 1994, the E-step salaries of
employees covered hereunder shall be increased by
3%.
B. The E-step salaries as of July 1, 1994 of employees
covered hereunder shall remain unchanged unless
either party provides wr1.tten notice to the other
not later than March 1, 1995 that it desires to
modify the E-step salaries as of July I, 1995.
However, in no event shall the E-step salaries be
reduced for FY95-96. The E-step salaries of
employees covered hereunder in effect as of July I,
1994 shall remain unchanged unless modifications are
made pursuant to the written notification provision
of Section 1.03 (Term of Agreement) of this MOD.
C. The E-step salary of Fire Prevention Inspector shall
be set equal to the E-step salary established for
Fire Fighter. The E-step salary of Fire Prevention
Eng~neer shall be set equal to the E-step salary
establ~shed for Fire Captain.
2.03. Overtime
Overtime for all employees covered in th1.s agreement
shall mean those hours worked ~n excess of 40 hours per
week for members assigned to administrative duties or
fire prevention, or those hours in excess of an annual
average of 56 hours per week, exclusive of all trades of
tl.me for employees in the Fire Suppression Service.
Hours worked for purposes of this section shall include
hours actually worked, vacation, sick leave (including
bereavement leave) , compensatory time, holiday time
taken, exchange of t~me that was regularly scheduled but
not worked; but it shall exclude hours actually worked ~n
lieu of any exchange days.
A. Overt~me shall be computed for actual time worked at
one and one-half times the employee's applicable
rate of pay for all classes represented herein.
B. An employee called out other than during his/her
regular working hours for emergency work shall be
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compensated for a min1.ffiUm of 4 hours at time and
one-half.
C. An employee called out other than during his/her
regular work hours for non-emergency work shall be
compensated for a minimum of 3 hours at t1.me and
one-half.
D. An employee who has completed his/her regular shift
and is reta1.ned at work is in a hold-over status and
shall be compensated for at a minimum of 2 hours at
time and one-half.
E. An authorized departmental management official may
grant compensatory time-off in 11.eu of paid
overtime. If an employee so elects to accrue
compensatory time, said time shall be accrued at the
rate specified in Subsection A, above. However, any
time worked as part of an exchange of time
arrangement shall not be considered overtime nor
compensatory time and shall be valued on a straight
time basis.
2.04. Off-Duty Court Appearances
If an employee appears in State or Federal court while
off-duty in response to a subpoena or directive in
relation to a matter that arose during the course and
scope of employment, the employee shall receive a minimum
overtime compensation of three (3 ) hours pay at the rate
of one and one-half times the employee's applicable
hourly rate.
2.05. Court Standby (State or Federal Court)
Whenever an employee has been placed in an on-call or
standby status while off duty in response to a subpoena
or directive in relation to a matter that arose during
the course and scope of employment, the employee shall
rece1.ve compensation as follows:
A. For the first court session (either morning or
afternoon) during a calendar day, the employee shall
receive an amount equal to two (2) hours of
compensation at the straight t1.me rate;
B. For the second court session on that calendar day,
the employee shall receive compensation on an hour
for hour basis at the straight time rate.
2.06. Compensatory Time Off & Exchanqe of Time
The gU1.delines agreed to by Local 1109 and Fire
Department Management on November I, 1984 shall remain in
full force and effect, with the following changes:
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A. There shall be no l~mit placed on exchange, accrued
or compensatory time off.
B. Members wishing to use compensatory (accrued) time
off will not need to provide a replacement name.
However, in the event no names are available on the
overtime list, a name must be provided by the member
requesting the compensatory (accrued) time off. At
no time will the nassign hire" procedure be used to
provide a name to f~ll the vacancy.
C. The value of all compensatory (accrued) time and
floating hol~day time not taken by the end of the
fiscal year shall be paid to the employee at the end
of each fiscal year, at the rate in effect at the
end of the fiscal year.
D. Payment of unused compensatory time as specified in
(C) above shall be made in a separate check rather
than ~n the employee's regular payroll check. This
separate check will also include any sick leave buy
back to which the member is ent~tled to receive for
that same fiscal year.
E. Requests for compensatory (accrued) time off shall
remain subject to departmental approval
2.07. Adm~nistrative Adiustment
Any employee who is regularly assigned to a 40-hour work
week in the Fire Prevention Bureau, in the Administrative
off~ce of the Fire Ch~ef, or the Training Divis~on of the
Santa Monica Fire Department shall receive an
Admin~strative Assignment Adjustment accord~ng to the
following schedule:
Effective July 1, 1992:
Firefighter - 5% of base salary
Fire Engineer - 5% of base salary
Fire Captain - 5% of base salary
Battal~on Chief - 5% of base salary
However, ~n lieu of the above, the ~ndividuals who
serve in the below listed assignments shall be paid
the following Staff Bonus:
Staff Battalion Chief - 15% of base salary
Support Services Division
Chief - 10% of base salary
F~re Marshal - 10% of base salary
Train~ng Officer - 10% of base salary
Captain - Haz. Mat. - 10% of base salary
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entrance salary of the position, the employee's salary
shall be increased to the next higher rate to that
atta~ned in the former position. In the event the
promotion is to a supervisory position, the employee
promoted shall receive not less than the next higher rate
above the highest rate being paid to subordinates.
2.11. Actinq Pay
The following procedures will be followed when acting out
of grade (Acting Battalion Chief, Acting Captain, Acting
Engineer) :
A. No member may work down in grade (Example: Engineer
as Firefighter, Captain as Engineer).
B. No platoon may have more than 2 acting members at
one time.
C. Normally, acting members will fill the position
needed to be filled on his/her ass~gned company
only.
D. No member who is worklng overtlme will be assigned
to work out of grade, unless no other qualified
member is available.
E. Members will be assigned to an acting position as
follows:
(1) Members on a current promotional list will be
assigned to a posltion for which he/she is
qualified. (Example: A member on the
engineer's list is assigned to act as an
engineer. )
(2 ) If more than one member of a company l.S on a
promotional ll.st, they will alternate on a
cycle basis.
(3) If no members of a company are on a promotional
list, the Battalion Chief and Captain of each
company shall select the member most qualified
to fill the position. An up-to-date list of
acting members shall be kept in the Battalion
Chief's office and up-dated regularly.
F. Members assigned to work out of grade (Act ing) shall
receive the salary for the position they are filling
as if they had been promoted to that position, and
shall be paid on a hour for hour basl.s.
Whenever an employee covered hereunder is directed to
perform all of the duties and assume all of the
responsibilities of Fire Chief for fourteen (14) , or
I
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more, consecutive work days, that employee shall be
compensated at the lowest salary step of the Fire Chief
classification which will result in a salary increase of
at least 5% above the employee's current salary for all
time worked in the Fire Chief classification.
2.12. Bilinqual Skill Pay
Qualified employees who meet the criteria set forth
herein shall receive a bl.lingual skill pay of $50.00 per
month. To receive a bilingual pay, the following
criteria must be met:
A. The employee must be assigned to speak or translate
a language in addition to English. Th~s may include
specialized communication skills such as sign
language.
B. An employee must regularly utilize such skills
during the course of his/her duties or upon request
of City management.
C. To become qualified, an employee must be certified
as qualified through examination administered by the
Personnel Department. Said examination shall be
job-related, as determined by the Personnel
Department.
D. In order to retain said bilingual skill pay from one
fiscal year to the next, during the first month of
the new flscal year (July), the employee receiving
bilingual skill pay must be recertified as qualified
through examination administered by the Personnel
Department.
2.13. Performance Incentive Bonus
In recognitJ.on of the fact that it is critical for
flrefighter personnel to maintain a certaJ.n level of
physical fitness to perform their jobs ~n a satisfactory
and safe manner, employees covered hereunder will be
required to take a physical fitness test comparable to
that whlch Firefighter candidates must pass to be hired
by the City. Said phys~cal fitness test will be given
during the month of June each fiscal year, beginning
June, 1991.
If the employee passes the physical fitness test, and
he/she has received a rating of at least "satisfactory"
as an overall rat~ng on his/her annual written
performance evaluation and has not been subject to
disciplinary action during the fiscal year ending June
30, the employee shall be eligible to receive a
performance incentive bonus in the amount of $100.00 per
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month for the next flscal year (i.e., effective July 1
through June 30).
Should an employee fail to pass the physical fitness
test, he/she shall be given six (6) months to attain the
level of physical fitness necessary to pass the physical
fitness test. The employee shall retest pr~or to the end
of that six-month period. Once the employee passes the
physlcal fitness test, that employee shall receive the
performance incentive bonus starting at the first of the
month followlng successful completlon of the physical
fltness test. If said employee should still fa~l to pass
the physical fitness test at the end of six (6) months,
that employee shall be subject to a medical and physical
examination conducted by the City's medical examiner.
Employees, who, in the opinion of the medical examiner,
are physically incapable of meeting the normal
requlrements of their positions may be separated from
Clty service.
The ~nterim crlteria descr~bed above shall be used to
determine eligibility for the performance incentive bonus
for FY94-95.
For FY95-96, participation in the performance incentive
bonus program will be mandatory for all employees covered
hereunder and eligibility for the performance incent~ve
bonus will be measured on an annual basis. It is the
~ntent of the Fire Department management and the City to
have mandatory standards for physical performance and
medical requirements that are consistent with entry-level
standards. In recogn~tion of th~s need to have a program
that insures employees covered hereunder continue to meet
job standards, a joint labor-management committee shall
be established by no later than September I, 1992 to
revise the criteria used to determine eligibility for the
performance incent~ve bonus to be used for FY93-94. The
criteria used to determine eligibility for the
performance incent~ve bonus may include the following
components: 1) medical examinat~on program, 2) physical
agility and/or stamina tests; 3) job simulation
exercises; 4) physical fitness or IIwellness II tests; and
5) the annual performance evaluation program, including
the consideration of disciplinary action.
The joint labor-management committee shall be comprised
of not more than three (3) Local 1109 representatives,
the Fire Chief and up to two (2) representat~es of the
Personnel Department, one of whom shall be the Director
of Personnel. The D~rector of Personnel shall serve as
the chairperson of the committee. The performance
incentive bonus program shall be subject to the review
and mutual agreement of the Fire Chief and Local 1109
prior to implementation for FY95-96.
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2.14. Y-ratinq
When a personnel action, e. g. : demotion due to layoff or
reclassification, results in the lowering of the
incumbent employee's salary range, the incumbent
employee's salary may be Y-rated. "Y-rated" shall mean
the maintenance of the incumbent employee's salary rate
at the level effective the day preceding the effective
date of the personnel action placing the employee in a
lower salary range. The employee's salary shall remain
at such level unt~l the salary range of the new
classification equals or exceeds the Y-rate salary.
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ARTICLE III. SUPPLEMENTAL BENEFITS
3.01. Health Insurance
A. Medlcal Insurance.
Subject to the provisions of this Section, the City
shall contract with the Public Employees' Retirement
System ( PERS ) to make available to those employees
and their eligible dependents and to eligible
retirees and dependents to the extent required by
law the health insurance benefits available under
the Public Employees' Medlcal and Hospital Care Act,
as set forth in Section 22761, et. seq. , of the
California Government Code (hereinafter referred to
as the PERS Program). The health insurance benefits
available under the PERS Program shall replace any
other health insurance benefits available under non-
PERS Program health insurance benefits maintained
through the CltYi provlded, however, that the City
shall continue to provide to all employees covered
by thlS Agreement and eligible dependents the
benefits available under the eXlsting dental
insurance plans maintained by the City, with the
City to pay 100% of the premium for said dental
insurance plans, provided that employees and
dependents participate in the City-provided dental
insurance plans.
For active employees and their dependents, the cost
of coverage under the PERS Program shall be set at
the beginning of each medical plan year and shall be
a composite monthly insurance premium derlved by
dividing (a) the total monthly premium, including
any administrative fees and any contingency reserves
required by PERS, for all active employees and
dependents covered hereunder by (b) the number of
active employees covered hereunder as of that date.
The City will create a "composite" monthly insurance
premium, as described in this paragraph, in the
administration of the medical insurance program; and
such composite premium will be the same for every
covered employee, regardless of family status or
medlcal plan selected. The composite monthly
insurance premium shall be set once a year and shall
have no effect on the payment of the City's
insurance premium contribution. If new employees
are hired, those employees will receive the same
medlcal insurance premium contribution as other
employees covered by this MOU. The cost of coverage
under the PERS Program for each retiree annuitant
;
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shall be the actual premium established by PERS for
the type of coverage elected by the retiree
annuitant.
The City shall contribute toward the payment of
premiums under the PERS Program on behalf of each
eligible employee and, to the extent required by
law, each eligible retiree annuitant, the sum of
$16.00 per month.
In addition, each month the City shall contribute on
behalf of each active employee toward a cafeteria
plan the difference between (a) the actual premium,
J..ncluding any admJ..nistrative fees and contingency
reserves requJ..red by PERS, for the employee and
his/her eligible dependents under one of the PERS
Program options, not to exceed $475, and (b) the
$16.00 contribution set forth in paragraph #3 of
this Section. Any extra payment required under the
PERS Program shall be paid either (a) through direct
payroll deduction by the employee electing coverage
or (b) by dlrect payment from Local 1109. Any tax
liability associated with the contribution made by
the City to the cafeteria plan shall be paid by the
employee upon whose behalf the contribution to the
cafeteria plan is made.
As regards the tax liability provision of the above
paragraph, the City warrants that the cafeteria plan
is a bona fide IRS Section 125 qualified plan. The
regular and intended effect of the lmplementation of
the plan, under current law, is to provide benefJ..ts
which are not subject to either State or Federal
income tax. Thus, the tax liability provJ..sion shall
be interpreted to mean that, in the event of a
change in IRS regulations or tax law that makes
cafeteria benefits taxable, the employee (not the
City) J..s responsible for the taxes. In the absence
of such a change, the provision pertaining to tax
liability shall have no effect.
Effective July 1, 1995, the maximum amount of the
City's contributJ..on to the cafeteria plan shall be
the difference between (a) the composite insurance
premium set forth in paragraph #2 of this Section,
not to exceed the highest medical insurance premium
contribution "cap" established for any of the City's
other bargaining units for FY95-96 and (b) $16.00.
Any extra payment required under the PERS Program
shall be paid either (a) through direct payroll
deduction by the employee electing such coverage or
(b) by direct payment from Local 1109.
If the City is requJ..red by PERS to make payments for
contingency reserves, 100% of those costs shall be
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included in the calculation of the composite monthly
1nsurance premium.
Local 1109 shall be obligated to pay to PERS all of
the amounts required for administrative fees for
covered employees and their eligible dependents and
retiree annuitants and eligible dependents. The
amount required by PERS for administrative fees for
covered employees and their dependents and retiree
annuitants and eligible dependents shall be included
in the calculation of the composite monthly
insurance premium established for active employees
covered hereunder.
If during the term of this Agreement the City shall
be required to pay an amount greater than $16.00 per
month for health insurance premiums on behalf of
each retiree annuitant and any eligible dependents,
either (a) the City shall be reimbursed for the
aggregate increased cost obtained by multiplying the
amount of the required contribution in excess of
$16.00 by the total number of retiree annuitants
participating in the PERS Program (I) by direct
payment from Local 1109 or (2) by reducing the
amount of the City's cafeteria contribution on
behalf of active employees, on a pro-rata bas1s, or
(b) Local 1109 shall have the alternative option to
cause the City to discontlnue to contract for
insurance benefits with PERS under the PERS Program
and, instead, to allow all active and retired
employees and eligible dependents to enroll in one
of the non-PERS Program medical insurance plans
offered by the City. In the event that Local 1109
exercises this latter option, the City shall pay up
to the highest insurance premium contribution "cap"
established for any of the City's other bargaining
units for the fiscal year 1n which the change occurs
for active employees and eligible dependents
provided that employees covered hereunder
participate in the City-offered medical insurance
programs. The C1ty'S obligation to subsldize
insurance premiums for ret1rees would cease in the
event that Local 1109 exercises its option to cause
the City to discontinue to contract for insurance
benefits w1th PERS under the PERS Program. If the
"composite" insurance premium established for non-
PERS medical insurance programs provided by the City
should increase as a result of Local 1109 employees
going back into the non-PERS med1cal insurance
programs, Local 1109 will be obligated to cover the
total additional cost to the City (a) through direct
payroll deduction by the employee electing said
coverage, calculated on a pro-rata bas1s, or (b) by
direct payment from Local 1109.
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It is agreed that the intent of this Sectl.on is (a)
to provide an option for employees under the MOU to
select the PERS Fire Fighter Plan; and (b) to
provide a City insurance premium contrl.bution. It
is not the intent of the parties to require such
employees to remain in the PERS general plan in the
event the Fire Fighter Plan is canceled or merged.
The parties agree that they will meet and confer
regarding health insurance matters in the event of
any of the following contingenc1es: (a) if the PERS
Fire Fighter Plan is canceled by PERSi or (b) if the
costs of the PERS Fire Fighter Plan ( including any
administrative fees and contingency reserves
required by PERS) exceed the Cl.ty's insurance
premium contribution ( II cap II) . It is the intent of
the City, in the event of such problems arising with
the PERS Firefighter Plan, to permit and to
facilitate the return of all City Firefighter
employees covered by PERS to a medical insurance
plan then currently provided by the City to its
other employees, if such a return would not create a
breach of the City's PERS contract.
The parties understand that COBRA participants who,
prior to electing COBRA coverage, were covered by
plans available to this bargaining unit shall
continue to be covered by those plans, or by the
successors to those plans, and said coverage shall
be the financial responsibil1ty of the COBRA
participant.
B. Dental Insurance
Dental insurance coverage shall be provided at no
cost to employees and their eligible dependents
prov1ded that employees covered herein participate
in the City-offered dental insurance programs.
C. Vision Insurance
The City agrees to provide vision care insurance, at
no cost, to employees covered hereunder. The City
retains the right to select the provider and to set
levels of coverage for said vision care insurance
plan. The City also retains the right to change the
provider of said vision insurance plan and/or the
level of benefits provided under that plan without
meeting and conferrl.ng.
3.02. Retirement
The City is a contract member of the Public Employees'
Retirement System (PERS), and it is understood and agreed
that such membership will be maintained and that employee
.
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eligibility, classification, contributions, and benefits
are as prescribed in the contract between the City and
the PERS heretofore approved by the Santa Monica City
Council. Further, the City agrees to pay the employee's
contribution {9%} to the retirement system, and to
maintain the single highest year provision as well as the
widow/widowers and orphans clause.
The City has amended its contract with PERS to add
Section 20930.3 - military service credit as public
service (employee paid) .
3 03. Uniform Allowance
Employees covered hereunder shall be paid a uniform
ma~ntenance allowance of $40.00 per month.
The City agrees to furnish required safety equipment,
safety pants and safety boots, as needed. The employee
shall have the option of receiving two pa1rs of safety
boots or one pair of safety boots and one pair of
departmental approved oxfords.
The C~ty agrees to replace, as needed, not more than one
work shirt and 2 patches per employee per year.
The IIWork Uniformll shall be as follows:
A. Chief Officers: Uniform work jacket (1f needed) ,
open collar, white shirt with collar ornaments or
white shirt with black tie, navy blue S.E.F.
trousers, and black leather boots or SMFD approved
shoe s , socks, badge, nameplate and belt with SMFD
buckle.
B. Captains, Engineers and Firefighters: Approved
l1ght blue shirt, navy blue S.E.F. trousers, badge,
nameplate, no-mar belt, black leather boots or SMFD
approved shoes and socks. Captains also to wear
shirt collar ornaments.
C. Members detailed to administrative assignments may
wear alternate apparel as approved by the Chief.
Approved safety equipment shall be worn when
participating in f1refight1ng.
D. While in quarters, suppression members may wear the
department approved navy blue work T-shirt or navy
blue sweat shirt only in lieu of the collared work
shirt. Members leaving quarters shall be in the
collared work shirt, department jacket or turnouts.
E. Navy blue baseball style caps with the wording
"Santa Monica Fire Departmentlr embroidered on the
front may be worn under the following conditions:
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1. At the training tower when safety head wear is
not required.
2. After 2000 hours when responding to and at the
scene of EMS calls when safety head wear is not
required.
ATHLETIC DRESS: Members on duty engaged in athletic
games or prolonged exerC1.se periods may wear the
following approved Santa Monica Fire Department
attire:
A. Sturdy gym shoes or tennis shoes
B. Athletic type socks
C. Navy blue athletic shorts and/or mid-thigh navy
blue Spandex pants and a plain wh1.te or
department approved T-shirt or tank top.
D. A navy blue sweat shirt and/or matching sweat
pants may be worn over the work-out uniform.
E. Members attired in athletic dress shall keep
their turnout boots and pants at hand in
readiness for 1.mmediate use in the event of an
alarm. Turnouts shall be worn over athletic
dress while riding apparatus to and from
approved physical fitness locations.
3.04. Sick Leave Buy Back proqram
Employees covered here1.n will have the option to rece1.ve
payoff for unused sick leave under the following
conditions:
A. Definitions
(1 ) "Sick Leave Bank 11 or II Banktl , shall mean sick
leave earned 1.n years prior to the Accrual
Year.
(2 ) IIAccrual Year" shall mean the fiscal year in
which Payable Sick Leave is earned.
(3) IIpayable Sick Leavell shall mean that portion of
the sick leave unused in this year's accruals.
(4 ) "Base Hourly Rate" shall mean the hourly pay,
excluding any special ass1.gnment or bonus pay,
which would have been effective in the last pay
period of the Accrual Year preceding the
effective date of the negotiated increase for
the next f1.scal year.
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(5 ) II Day II shall mean 12 hours for Fire Suppression
employees and 8 hours for 40 hour per week
employees.
B. To be eligible to receive payoff an employee must
have a minimum Sick Leave Bank of twenty-two (22 )
days.
C. An employee with the required Bank (and years of
service as of the end of the Accrual Year) will be
eligible to sell unused sick leave earned during an
Accrual Year according to the following schedule:
Less than 10 Completed Years 10 or More Completed Years
of Service with Santa Monica Service with Santa Monica
Unused Days Unused Days
Days Used Available for Pay Days Used Available for Pay
0 6 0 12
1 5 1 11
2 4 2 10
3 3 3 9
4 2 4 8
5 1 5 7
6 or more 0 6 6
7 5
8 4
9 3
10 2
11 1
12 or more 0
D. Payoff shall be made at the Base Hourly Rate.
E. S~ck leave for wh~ch payoff is received shall be
consldered II used" in that it will not be added to
the Bank (or if added to the Bank prior to the
payoff date, shall be removed from the Bank) .
F. Each employee eligible for payoff will elect whether
to take payoff or to add the Payable Sick Leave to
the Bank. The election will be made prior to June
30th of each Accrual Year.
G. Payoff for an Accrual Year will be available only to
those employees on the payroll July 1st of the
following Accrual Year, with the exception that
those employees who retire on a Service Retirement,
or who are involuntarily separated due to lack of
funds (layoff) , during the Accrual Year shall be
g~ven the opportunity to receive payoff on a pro-
rata basis. Employees who separate from City
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service other than by retirement or by layoff shall
not be eligible for payoff.
H. It is hereby mutually agreed that the sick leave
accrual rate shall be limited to one day per month
of sat1sfactory serv1ce. This provision appl1es to
all employees of the barga1n1ng unit covered by this
MOD whether or not the individual employee elects to
receive payoff annually.
3.05. Deferred compensation
It is hereby agreed that employees covered here1n will be
offered participation 1n the City's deferred compensation
plan.
3.06. Mileaqe Reimbursement
Reimbursement to employees for authorized use of personal
automobiles on City business shall be at the rate
established by the City Council.
3.07. Educational Incentive
An educational incentive bonus 1S paid to employees in
the class1fications of Firefighter, Fire Engineer, Fire
Captain and Battalion Chief, covered hereunder as
follows:
A. An employee shall be paid $100 per month as an
educational incentive bonus for the completion of
certain specified course work as follows:
(1 ) satisfactory credit for 60 college-level
semester units (or quarter unit equivalents) ,
at least 18 of which un1ts shall be in fire
science. This section shall only apply to
those employees who were receiving an
educational incentive pr10r to July 1, 1988 or
who by virtue of classes taken prior to July 1,
1988 would have become eligible on August 1,
1988, or
(2) certification as a Firefighter II by the
Cal1fornia State Fire Marshal prior to July I,
1990
provided that the following cond1tion is met:
the employee demonstrates that he/she is
working either towards a degree from an
accredited college or un1versity or towards a
higher level State Fire Marshal certification
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(i.e. , above Firefighter I I) . To meet this
condition, the employee must submit
documentation to the Personnel Department by no
later than July 31st of each year which shows
that the employee has completed at least three
(3 ) additional semester units (or quarter uni t
equivalents) at an accredited college or
university if working towards a degree or one
(1) additional course required for a higher
level State Fire Marshal certification (i.e. ,
above Firefighter II) if working towards a
higher level State Fire Marshal certificat~on.
B. An employee shall be paid $185 per month as an
educational incentive bonus for the completion of
certain specified course work as follows:
(1) satisfactory completion of 120 college-level
semester units (or quarter equivalents) at
least 36 of which units shall be in fire
science. This section shall only apply to
those employees covered hereunder who were
receiving an educat~onal incentive prior to
July 1, 1988 or who by virtue of classes taken
prior to July 1, 1988 would have become
eligible on August 1, 1988, and who
demonstrate that they are working towards a
degree from an accredited college or
university, or
(2 ) an A.A. or A.S. Degree from an accred~ted
college or university which includes at least
18 units in fire science, or
(3) certification as a Fire Officer by the
California State Fire Marshal.
C. An employee shall be paid $300 per month as an
educational incentive bonus for the completion of
satisfactory course work as follows:
(1) a B.A. or B.S. Degree from an accredited
college or university wh~ch includes at least
36 units ~n fire science, or
(2 ) certification as a Fire Officer plus completion
of eighteen (18 J units of upper division
management courses either from an accredited
college or university or through the State Fire
Marshal program plus the completion of nine (9 )
years of service with the Santa Monica Fire
Department, or
(3 ) certificat~on as a Chief Officer by the
California State Fire Marshal.
,
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D. Application for the educational incentive for either
first-time eliglbles or those who become eliglble
for a higher level of educational incentive,
accompanied by either a report card, transcript, or
certificate of completion by the issuing agency,
shall be made once all of the required course work
has been completed and shall be made effective with
the first payroll period following the date on which
the required documentation has been submitted to the
Personnel Department.
E. The Personnel Department shall administer the
educational ~ncentive benefit described herein. The
Personnel Director, or his/her des1.gnee, shall make
the flnal determination as to whether or not an
employee covered by this provision qualifies for
educational incentive and, if sa1.d employee
qualifies, the level of educational incentive to be
received by that employee.
3.08. Tuition Reimbursement
Those employees covered hereunder who qualify for
educational incentive by virtue of 60 college-level
semester units {or quarter unit equivalents}, 120
college-level semester units (or quarter unit
equivalents) or a Firefighter II certification issued by
the California State Fire Marshal prior to July 1, 1990
shall be eligible to receive tuition reimbursement for
courses taken as a part of the condition set forth in
Section 3.07 (Educational Incentive) which requires the
employee to demonstrate that he/she is working either
towards a degree from an accredited college or university
or towards a higher level State Fire Marshal
certif1.cation. Each affected employee will be required
to specify by no later than September 1, 1992 which
degree or certificate he/she wlll be obtaining. Only
those courses which pertain to the specified educational
goal will be eligible for tuition reimbursement. Once
the affected employee has obtained the specified
educational goal, he/she will no longer be eligible to
rece1.ve tuition reimbursement.
The followlng terms and conditions shall apply:
A. The maximum annual amount of tuit1.on reimbursement
per individual employee shall not exceed $500.00 per
fiscal year (July 1 through June 30) . Reimbursement
shall equal the total cost of tuition (exclusive of
lodging and meals) and the total cost of required
study materials.
B. Enrollment in a course shall be approved in advance
by the Personnel Department to ensure that the
course qualifies for tuition reimbursement.
\
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C. Reimbursement shall be made only in installments
upon successful completion of prescribed units of
study required by approved study course./
D. In no event shall the City's reimbursement be
reduced when there is an outside source of aid
except in those cases where the aid from the outs~de
source(s) plus the normal City reimbursement exceeds
the cost of tuition and study material for the
approved study course.
3.09. F1lminq(Stand-by Assiqnments
Personnel who volunteer to work filming/stand-by
assignments shall be entitled to receive compensation for
a minimum of 8 hours at the following rates of pay:
A. For the first 8 hours - Hourly rate shall be equal
to 1% of the gross monthly salary for liEn step
Firefighter.
B. For the 9th through 12th hour - Hourly rate shall be
equal to 1-1(2% of the gross monthly salary for "En
step Firefighters.
C. For all hours 1n excess of 12 hours - Hourly rate
shall be equal to 2% of the gross monthly salary for
IIEII step Firefighter.
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ARTICLE IV. LEAVES
4.01. Paid Holl.days
Employees covered herein shall receive twelve (12) paid
holidays as follows:
A. Employees assigned to Suppression shall receive:
1st of January
3rd Monday of January
12th of February
3rd Monday of February
4th Monday of May
4th of July
1st Monday of September
9th of September
12th of October
4th Monday of October
Thanksgiving Day
25th of December
Employees assigned to Suppression shall receive I day
(12 hours pay) for each holiday, whether on-duty or
off-duty, or shall be entitled to t1floatll sal.d 12-
hour day for use at the employee's discretion,
provided 1} said use is within the fiscal year in
which it is accrued, and 2) 72 hour notice is given
to the on-duty Battalion Chie f . If "floated" days
are not used prior to the end of the fl.scal year, the
employee shall be paid the cash value for said
floated holiday segments at the end of the fiscal
year.
B. Employees assigned to Prevention or Administrati ve
duties shall receive as paid holidays the follow~ng:
1st of January
3rd Monday of January
12th of February
3rd Monday of February
4th Monday of May
4th of July
1st Monday of September
Thanksgiving Day
The Friday following Thanksgiving
The half (1/2) day ~mmediately preceding Christmas
25th of December
The half (1/2) day immediately preceding New Year's
One floating holiday (to be used at the employee's
discretion) .
i
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4.02. Vacation
Each employee occupying a regularly authorized full-time
position or a permanent and continuing part-time position
in any job classiflcation covered herein shall accrue
vacation leave with pay on the following basls. "Day" lS
defined in Section 3.04.A. of this MOD.
A. Following completion of the first six months of
continuous service, 6 days.
B. Thereafter, up to and including 5 completed years of
service, 1 day for each completed calendar month of
serVlce.
C. Thereafter, up to and including 10 completed years of
service, 1.25 days for each completed calendar month
of service.
D. Thereafter, up to and includlng 15 years of service,
1.50 days for each completed calendar month of
service.
E. Upon completion of 15 years of service and
thereafter, 1.75 days for each completed calendar
month of service.
F. The limltations on the accumulation, proportionate
accumulation, scheduling and payment for such leave
shall be as prescribed ln the clvil service
provisions of the Santa Monica Municipal Code.
G. Fire Department management and Local 1109 shall work
together to develop a vacation, trades and overtlme
policy and procedures manual that regulates the
scheduling and use of vacation, trades and overtime
and provides for a vacation selection process.
However, as set forth in Section 1.06 (Management
Rights) of this MOD, the City retains the right to
assign and schedule employees covered hereunder.
4.03. sick Leave
A. Sick leave shall be defined as in Section 2.04.570 of
the Santa Monica Municipal Code hereby incorporated
as if set forth in full hereln, except as follows:
Sick leave shall be defined as absence from duty
because of the employee's illness or off-the-job
injury, exposure of the employee to contagious
disease as evidenced by certification from an
accepted medical authority, medical or dental
appointments of the employee or the employee's
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dependent ch~ldren which could not be scheduled
during non-work hours, with proper advance
notification to the Department Head, or illness or
inJury of any member of the employee's household.
4.04 Leave of Absence Without Pay
Such leave shall be governed by Santa Monica Municipal
Code Section 2.04.590 which is summarized as: An
employee may be granted a leave of absence without pay
upon application approved by the Department Head and the
City Manager. Such leave may not exceed one year. Upon
expiration of the leave, the employee shall be re~nstated
to the position held before the leave was granted. Such
leave shall be granted only ~n those cases where an
employee's record of service and qualifications make it
desirable for the City to retain his/her services even at
the cost of some inconvenience to the City.
4.05. Jury Duty
Any line-item employee covered herein, when duly called
to serve on any JUry and when not excused therefrom,
shall receive the regular base compensation less all jury
fees received exclud~ng mileage for the time required to
be spent under the jur1sdiction of the court. Each
employee rece~ving a not~ce to report for jury service
shall ~mmediately notify his/her immediate supervisor.
Employees reporting for jury service shall be placed on a
40 hour per week schedule. If the employee was on a
suppression ass~gnment, the jury duty will not be
considered an administrative assignment, nor would
employees regularly on fire prevention receive an
administrative bonus unless they had previously been on
administrative assignment.
Whenever da~ly jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
4.06. Militarv Leave
Military leave shall be administered in accordance with
applicable Federal/State codes, ord~nances, and laws.
4.07. Workers' Compensation Leave
Workers' compensation leave shall be in accordance with
applicable California State Law.
4.08. Bereavement Leave
Bereavement leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
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the death of a member of the employee's immediate family,
meaning spouse, child, brother, s~ster, parent, parent-
in-law, step-parent, step-brother, step-sister, son-in-
law, daughter-in-law, grandparent, grandchild or any
other relative living in the same household.
Bereavement leave is not a part of sick leave and no
reduction of accumulated sick leave shall be made for the
use of Bereavement leave.
4.09. Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child who requ~res
constant parental supervision shall be entitled to a
leave of absence totaling four (4 ) months ~mmediately
following the child's birth or adoption and shall be
returned to the same job classification occupied prior to
the leave upon its exp~ration. Paid vacation leave or
sick leave, if applicable, as well as unpaid leave shall
be counted toward the four (4 ) month total. Paid sick
leave can be used only if the requirements of Section
2.04.570 (Sick Leave) of the Santa Monica Municipal Code
are met. Additional leave may be requested under the
provisions of this MOU governing leaves of absence
without pay (Section 4.04) .
Pr~mary responsibility may be established by providing
documentation that the employee's spouse ~s medically
incapacitated; or that the spouse is gainfully employed
dur~ng the hours the employee is normally scheduled to
work and no schedule change for the employee or spouse is
possible; or by demonstrating other extraordinary
c~rcumstances such as the adoption of a disabled child
who requires constant parental supervision.
Maternity leave ~s not the same as parental leave and
shall be adm~nistered in accordance with State and
Federal law.
4.10. Family Leave
The City hereby agrees to implement family and medical
leave in accordance with the California Family Rights Act
( CFRA) and the Federal Family and Medical Leave Act
( FMLA) for all employees covered herein. These statutes
shall supersede and be implemented in lieu of any
contract language or City policy/practice which provides
a lesser benefit.
Before the issuance of any administrative regulations
pertaining to leave under the CFRA or FMLA, the City
agrees to discharge its meet and confer obI iga t ion wi th
Local 1109.
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ARTICLE V. WORKING CONDITIONS
5.01. Safety
The City shall provide safe, clean, and healthy city
facil~ties in accordance with applicable Federal, State,
and local laws and regulations. The employee
organ~zation agrees that where safety devices or items of
protect~ve equipment are required or furnished, their use
shall be mandatory. Further, Local 1109 and the
management of the Fire Department shall meet on a
quarterly basis to discuss safety or equipment issues or
concerns.
Both parties to this Agreement agree to fully support the
City's Risk Control Policy. Said policy sets forth the
City's commitment to mainta~n~ng a safe and healthy work
environment, to preventing accidents and injuries and
minimizing risk and loss wherever possible. Said policy
outlines the safety responsibilities of the City, City
managers and supervisors, and City employees. Further,
it shall be the obl~gation of employee(s) covered
hereunder to immediately report to his/her immed1ate
supervisor any working condition that appears to be
unsafe to the employee(s) .
The City will provide, at no cost to the employee,
Hepatitis "B" inoculations for all employees covered
hereunder.
5.02. Constant Staffinq
The term "constant staffing" shall mean the number of
personnel assigned to a platoon. It is agreed that the
current constant staffing program shall be a 29 person
per shift minimum and a 31 person per shift maximum
staffing level. However, the City, in anticipation of
vacancies, may hire 3 add~tional fire personnel to fill
anticipated vacancies for a period not to exceed 4 months
prior to such vacancy actually occurring, unless such
time limit is specifically waived by Local 1109.
It is hereby further agreed that when the staffing
strength of a platoon ~s reduced below the current
minimum staffing level of 29 and said vacancy is
maintained for more than a 60 day period, it is expressly
agreed that the employee filling said vacancy shall be
paid overtime excepting that the City is hereby given the
right to declare an inabil~ty to fill said vacancy. In
the event the City declares an inability to fill said
vacancy, until such time as the City fills said vacancy,
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the then current minimum staffing strength for said
platoon shall be reduced to account for said vacancy or
vacancies.
5.03. Mandatorv Physical Fitness
One and one-half hours per day shall be provided for
suppression personnel for cardiovascular conditioning,
flexibility exercises, and strength conditioning. Such
hours shall be scheduled at the discretion of the company
commander.
5.04. Paramedic Certification & Selection Process
It is agreed that the following procedure will be used
for selecting members to attend paramedic tralning:
A. The candidate must pass the Los Angeles County
Department of Health Services' Paramedic School pre-
test. A passing score will be determined by the
Personnel Department using appropriate testing
procedures and guidelines.
B. All candidates who pass the pre-test in "All above
will then participate in a competitive examination
and selection process developed and administered by
the Personnel Department. ThlS examination and
selection process may include any, or all, of the
following factors: written examination; oral
examination; promotablllty.
C. Based on the results of the examlnation and selection
process outlined in "BII above, the Personnel
Department will develop an eligibility list. This
eligibility list will be good for two (2) years
providing that at least three names remain on the
l~st. If the list should become exhausted (l. e. ,
fewer than three names remain on the list) , a new
eligibility list will be developed in accordance with
the procedure outlined in IIAII and liB II above.
Whenever a candidate is to be selected to attend
paramedic training, the Personnel Department will
certify the top three (3) names from the eligibllity
list to the Fire Chief, who will then make a
selection from among those three names.
D. With the effective date of this MOU, any and all
existing eliglbility lists will be deemed exhausted
and the procedure outl~ned in llAll , liB II and llCII above
will apply.
5.05. Effect of Job Performance on Salary
The City Manager, in exceptlonal cases, based upon
specific appraisal of the importance and difficulty of
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the work and the experience and ability of the person to
be employed, or of the incumbent, may authorize entrance
salaries higher than the minimum, and special increases
above the amount prescribed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any provision contained herein, there
w~ll be no increase in wages of any kind as a result of a
NOT ACCEPTABLE rat~ng on the employee's prescribed
perlodic performance rating. There will be no subsequent
increases in wages until the NOT ACCEPTABLE rating has
been improved to at least the SATISFACTORY level. If
performance is rated NOT ACCEPTABLE an employee may be
dismissed from service, and if two consecutive
performance ratings are marked NOT ACCEPTABLE, employee
shall be dismissed by appointing authority for
inefficiency (SMCC Section 2.04.490). Any rating in the
BELOW SATISFACTORY category may delay the next scheduled
salary increase at the discretion of the appointing
authority. Such action shall remain in effect until the
rating has been improved to at least a SATISFACTORY
level.
5.06. Washinq Machines
It is agreed that the City will provide, for the safety
of the members of Local 1109, washing machines and
clothes dryers in all Fire Stations, for the sole purpose
of cleaning safety clothing, uniforms and department
equipment soiled and contaminated at emergency incidents.
5.07. No Smokinq Requirement
Any employee hired on or after July 1, 1990 shall be
restricted from smoking or chewing tobacco both on duty
and off duty. This provis~on will be mainta~ned
throughout said employee's tenure with the Santa Monica
Fire Department as a condition of employment.
All employees who currently habitually smoke or chew
tobacco may enroll in a non-smoking clinic designated by
the City, at the City's expense As soon as any such
employee has demonstrated to the City that he/she has not
smoked or chewed -tobacco for the past s~x (6) months,
that employee will receive a one-time only bonus in the
sum of $250.00. At such time that all such employees
quallfy for that bonus, and provided that no employee in
the uni t has resumed or commenced smoking or chewing
tobacco, each employee covered by this Agreement who has
not already received a bonus pursuant to this Section
shall receive a one-t~me only bonus in the form of a cash
payment of $250.00.
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With respect to this section, the parties agree to meet
and confer in the event of any legal challenge to any
provision under this section with respect to the defense
of Local 1109 or of any of fleer or member named in such
legal challenge.
5.08. Employee Parkinq
It is hereby agreed that the City will make every effort
to maintaln free parklng as it presently exists for City
employees at City facilities. If it should become
necessary for employees covered by this Agreement to
comply with any local, State or Federal requirements
regarding transportation management, the City can
implement whatever actions are required. However, in no
event shall the City ~mplement any actions pertaining to
charging for parklng without meeting and conferring with
Local 1109 should any employeeCs) represented by Local
1109 be subject to such a charge.
5.09 Promotional Examinat~ons
The provisions of Section 2.04.250 of the Santa Monica
Municipal Code (Competitive Examinations) shall apply to
all promotional examinations administered by the City for
Job classif~cations represented by Local 1109 w~th the
following exception: promotability shall not be used as a
rating factor for said promotional examinations, w~th no
credit given for promotability.
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ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
6.0l. Payroll Deductions
It is mutually understood and agreed that the City will,
subject to the provisions of Ordinance 801 ( CCS ) and
during the term of th~s MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorization recognized employee organ~zation
due s , credit union investments or paYments, health and
hosp~talization insurance premiums, and life and accident
insurance premlums. Any or all of such payroll
deductions are subject to termination by the City Manager
upon 24 hours notice for failure by Local 1109 to comply
with the provisions of this MOU.
6.02. Reasonable Notice
It is mutually agreed that Local 1109 shall recelve at
its place of business (Station #3, 1302 19th Street) a
copy (via intercity mail) of the City CouncJ..l and/or
Personnel Board agenda for each meetlng. Further, it ~s
understood that said notification shall be concurrent
with the notification provided the Personnel Board and
City Council members.
6.03. Grievance/Complaint Policy
A grievance is a complaint by one or more employees
covered by this MOU or by the Santa Mon~ca Firefighters
Association concerning the application or interpretation
of the MOU, ordinances, resolutions, policies, practices
or procedures affecting the employee's wages, hours
and/or working conditions. This grievance and complaint
policy does not apply to suspensions, demotions, and
removals which are subject to the procedures outlined in
Section 2.04.750 et seq. of the Santa Monica Municipal
Code and which must be pursued by the aggrieved
employee(s) . This gr~evance and complaint policy also
does not apply to protest of performance evaluations
which are subject to the procedures outlined in Section
2.04.480 of the Santa Monica Municipal Code and which
must be pursued by the aggrieved employee(s).
A. The aggrieved employee{s) shall meet with the
lmmediate supervisor regarding the grievance, which
must be stated in writing on Form F-10, specifically
citing the MOU, ordinance, resolution, rule, policy,
practlce or procedure that is the subject of the
grievance and the circumstances giving rise to the
grievance.
B. If the grievance is not resolved by the end of the
employee's third (3 rd) regularly scheduled shift
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following the shift on which presentation of the
grievance to the immediate supervisor occurred, the
employee may, within flve (5) regularly scheduled
Shlfts thereafter, appeal to the second level
supervisor, if any, using Form F-10.
c. If the grlevance is not resolved by the end of the
employee's th~rd ( 3 rd) regularly scheduled shift
following presentation to the second level
supervisor, ~f any, the employee may within five (5 )
regularly scheduled shifts thereafter, appeal to the
Fire Chief using Form F-10. The Fire Ch~ef shall
meet with the employee and the employee's
representative to attempt to resolve the grievance.
D. If the grievance is not resolved by the end of the
employee's tenth (10th) regularly scheduled shift
followlng presentation of the Form F-IO to the Fire
Ch~ef, the employee may, within five (5) regularly
scheduled shifts thereafter, appeal to the Personnel
Director, who will investigate the grievance and make
recommendations to the City Manager, whose decision
shall be final. The decision of the C~ty Manager
shall be issued no later than the end of the
employee's tenth ( 10th) regularly scheduled shift,
after the fil~ng of appeal with the Personnel
Director.
E. For the purposes of this grievance procedure, "shift"
shall mean the regularly scheduled 24 hour work
period for suppression personnel, and the regularly
scheduled 8-hour work day for personnel not assigned
to the 56 hour work week.
F. All time perlods in this section may be extended by
mutual consent of the employee and the management
representative involved.
G. A grievance shall be considered untimely if not
presented by the employee or the Association within
30 days of the inc~dent giving rise to the grievance
or within 30 days of its effect upon the employee in
those instances where it is shown that the employee
could not reasonably have known of the grievable
actlon.
H. Employees shall have the right to he represented in
grievance matters ~n the following manner:
(1 ) Employees shall have the right to represent
themselves individually in grievance matters.
(2) Employees may designate a member of the
Department to represent them ~n grlevance
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B. As soon as the City has made its determination, it
shall notify the employee in writlng. This notice,
as well as all other notices required by this
procedure, shall be sent to the employee's home
address with a copy to his or her legal
representative, if any. The notification shall be
accompanied by a copy of this Disability Retirement
Dispute Resolution Procedure.
C. The employee may challenge that determination, or any
related decision by the City regarding his/her
disability retirement or its effective date, by
submitting to the City Manager a written request for
a hearing. This request must be submitted within
thirty (30) calendar days from service of the notice
that is the subject of the request for a hearing. If
the employee fails to submit such a written request
within the prescribed time limit, the determination
of the City shall become final and no longer subject
to appeal.
D. If the employee submlts a timely written request for
a hearing, the matter shall be referred to the Office
of Administrative Hearlngs so that a hearing will be
conducted by an Administrative Law Judge from that
office in accordance with the provisions of Section
11500, et seq. of the California Government Code,
(the Administrative Procedure Act) . However, it
shall not be necessary for the City to prepare a
Formal Accusation or Statement of Issues, or for the
employee to file a Not~ce of Defense, as identified
in that Act. Instead, the communications described
above shall replace those items. However, all
discovery rights described in the Act shall be
available to the parties; the hearing shall be
conducted in accordance with the provisions of
Section 11513 of the California Government Code; the
resulting decision shall be as specified in the Act;
and all time limits prescribed in the Act shall be
applicable.
E. The City shall have the burden of proof that its
decision should be upheld.
F. The employee shall be entitled to a representative of
his/her choice in the hearing. The cost of such
representation shall be borne by the employee.
G. Where testimony of City employees is involved, at
least seven calendar days advance notice shall be
given to the Department Head so that work assignments
may be made accordingly. Wherever practicable, City
employees needed as witnesses shall be placed on an
on-call basls and compensated at their regular rates
of pay of time spent ~n the hearing.
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H. The decision of the Administrative Law Judge shall be
flnal, subject to judicial review commenced by the
employee in accordance with the provlsions of Section
11523 of the Cal~fornia Government Code.
6.05. Time Off for Union Business
It is hereby agreed that during the term of this
Agreement a maximum of 288 hours each fiscal year will be
allowed (at full pay and ~enefits) for use by any Local
1109 representative that may require time off for any
responsibilities associated with employee representation.
Accounting of said time shall be the respons~bility of
and maintained by the office of the Fire Chief.
Members of Local 1109 shall be permitted to attend
general membership meetings, and the City will continue
to provide a facility agreeable to both parties and of
appropriate size for general membership meetings while
members are on-duty.
It is agreed and understood that Local 1109 maintains its
offices at Fire Station 3, 1302 19th Street, and shall be
permitted to continue this practice for the term of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this
MemJ2an~m~f Understand1ng to be executed this date:
IV t5" 1 ' 1994.
By:
Santa Monica Firefighters City of Santa Monica
jJ !l1itjt~~ J~~.
H. R6nert~ WirtZ! President City Manager
14ft 13.~
Dirk Bailey, Board of D~ectors
iltilf&L
Dale Hallock, Board of D~rectors
~,<.- n Po?~
\ org Menta, Board of Directors
~~----"~
Dan Matthi~s, Board of Directors
APPROVED AS TO FORM:
By: ~-(
. ~
Marsha nes Moutrle
City Attorney
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