SR-603-009 (4)
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PE:ff1.bancroft.pms Santa Monica, California
Council Meeting: August 4, 1992
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Resolution Authorizing the City Manager to Execute a
Memorandum of Understanding with the Santa Monica
Firefighters, Local 1109 IAFF
INTRODUCTION
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This report requests that Council adopt the attached Resolution
authorizing the City Manager to execute a Memorandum of
Understanding (MOU) with the Santa Monica Firefighters, Local 1109
IAFF.
BACKGROUND
The current Memorandum of Understanding (MOU) with the Santa Monica
Firefighters, Local 1109 IAFF, expired on June 30, 1992. As per
the terms and conditions of the expired MOU, negotiations with the
Santa Monica Firefighters, Local 1109 IAFF, to replace the expired
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MOU commenced on May 6, ~992, and resulted in the attached MOU.
This new agreement was ratified by the membership of the Santa
Monica Firefighters, Local 1109 IAFF, on July 23, 1992.
This agreement includes a cost of living increase for FY92-93 and
a salary reopener for FY93-94i increases the amount that the City
contributes towards the cost of medical insurance, but also places
a ncap" on the City's contribution towards the cost of medical
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insurance coverage for employees and dependents; and makes some
other minor non-economic changes.
RECOMMENDATION
It is recommended that Council adopt the attached Resolution
authorizing the city Manager to execute the attached MOU with the
Santa Monica Firefighters, Local 1109 IAFF.
Prepared By: Karen Bancroft
(KB."ff1")
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yt/3 -oe; 9'
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RESOLUTION NO. 8453(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
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 (CCS) 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
lS to promote and provide harmonious relations, cooperation, and
understanding between the City and the Santa Monica Firefighters,
Local 1.1.09 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
Firefighters, 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:
~ \N"\,. ~
ROBERT M. MYERS
City Attorney
(KB."ff2")
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Adopted and approved this 4th day of August, 1992.
I hereby certify that the foregoing Resolution No. 8453(CCS)
was duly adopted by the City council of the city of Santa Monica
at a meeting thereof held on August 4, 1992 by the following
Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmemhers: None
Abstain: Counci1members: None
Absent: Councilmembers: None
ATTEST:
~Ap-CN:~
.....- city Clerk I
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MEMORANDUM OF UNDERSTANDING
SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF
CITY OF SANTA MONICA
ARTICLE I. GENERAL PROVISIONS
1.01.
1.02.
1.03.
Parties to Memorandum
This memorandum of understanding (MOU) is made and
entered into by and between the City of Santa Monica
(hereinafter referred to as "city") and the Santa Monica
Firefighters Local 1109 (hereinafter referred to as
"Local 1109" or "employeesll), pursuant to the terms of
Government Code 3500 et seq. and the city of Santa Monica
Ordinance 801, hereby incorporated by reference as if
fully set forth herein. This MOV covers these employees
in the classifications listed in Section 1.04 below.
Purpose
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
resolving 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.
Term of Agreement
This Agreement shall be effective on July 1, 1992 and
shall remain in full force and effect until June 30,
1994. It shall be automatically renewed from year to
year thereafter unless either party provides written
notice to the other not later than March 1, 1994 and of
each subsequent year that it desires to modify this
agreement, and specifically indicates requested
modifications.
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1. 04.
1. 05.
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Union Recognition, Responsibilities, and Rights
A. Recognition - The City recognizes Local 1109 of the
International Association of Firefighters (IAFF) as
the recognized bargaining agent for the employees in
the following job classifications:
Arson Investigator
Battalion Chief
Fire captain
Fire Engineer
Firefighter
It is the mutual understanding of the parties that
acknowledgment of Local 1109 as the recognized
employee organization:
(1)
Does not preclude
classifications from
individually in their
the City.
employees in such job
representing themselves
employment relations with
(2) Does not preclude or restrict the right of
management officials to meet and consul t with
employees in such job classifications concerning
their employment relations with the city.
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 recognized 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.
Full Understanding, Modification, and Waiver
The parties agree that each has had full and unrestricted
right and opportunity to make, advance, and discuss all
matters properly wi thin the scope of representation as
outlined in Section 2.05 of Ordinance No. 801. This MOU
constitutes the full and complete agreement of the
parties. Each party, for the term of this MOU,
specifically 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.
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1. 06.
1.07.
1.08.
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Management Rights
The City retains all rights not specifically delegated by
this agreement, including, but not limited to the
exclusive right to:
discipline,
and retain
direct, supervise, hire, promote, suspend,
discharge, transfer, assign, schedule,
employees;
relieve employees from duties because of lack of work or
funds, or under conditions where continued work would be
inefficient or nonproductive;
determine services to
performed, utilization
budgetary matters;
rendered, operations to be
technology, and overall
be
of
determine
personnel
conducted;
the appropriate job
by which government
classifications
operations are to
and
be
determine the overall mission of the unit of government;
maintain and improve the efficiency and effectiveness of
government operations;
take any necessary actions to carry out the mission 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 subject to the meet and confer
process elsewhere in this MOU.
Peaceful Performance of City 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 Section 4.04 (A-C) of
Ordinance 801.
Validity of Memorandum of Understanding
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
remainder hereof shall remain in full force and effect.
The parties hereto shall immediately commence to, in good
faith, 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
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1.09.
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legislation, or in any City Charter provision which would
be applicable and contrary to any provision herein
contained, then such provision of this MOD shall be
automatically terminated, but the remainder of this MOD
shall remain in full force and effect. Such legislation
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 immediately
commence to negotiate for the purpose of replacing any
such invalid or illegal provision. Notwithstanding the
foregoing, 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.
Equal Employment
The City and Local 1109 will fully comply with the letter
and spirit of all applicable Federal, state and local
laws, rules and regulations governing equal employment
opportunity and with the city's current Affirmative
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
bias and neither party will support or condone
manifestations of prejudice by employees covered
hereunder.
Local 1109 specifically agrees to support
equal employment opportunity/affirmative
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, religion, color,
age (40 and over), sex, national origin, ancestry,
medical condition (cancer related), marital status,
sexual preference or disability. The City will assure
equal employment opportunity in its policy decisions
affecting the recruitment, selection, assignment,
promotion, and training of personnel and in all other
terms, conditions and privileges of employment.
the City's
action plan
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 institutions, civic organizations,
community groups and other appropriate organizations
concerned with employment opportunities, as well as with
its suppliers and subcontractors, in support of this
policy.
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1. 10. Definitions
The following definitions are to be applied in the
interpretation of this MOD:
A. "Salary Range" 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. "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 Anniversary" shall mean the date
which recurs annually after the date of entry into a
position in the classified service of the City 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 Service" 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
anniversary.
F.
"Hours of
work for
personnel,
duties.
Work" shall mean the established hours of
suppression personnel, fire prevention
and personnel assigned to administrative
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1.11.
1.12.
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(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. "Pay status" shall include regularly assigned work
hours actually performed. In addition, pay status
shall also specifically include pay for time not
worked such as sick leave (including bereavement
leave), vacation, holidays, compensatory time off,
jury duty, worker's compensation leave, and military
leave.
H. "Working day" shall mean 12 hours for Fire
Suppression and 8 hours for administrative
employees. This definition shall apply to accrual of
benefits only.
I. "Work Period" shall mean a recurring 28 day period,
the first of which commenced at 0800 hours on Sunday,
April 13, 1986.
payment for Time Not Worked at Termination of City
Employment
Payment for time not worked at termination or separation
of City employment shall be calculated on an hour for
hour basis at 100% of the employee's salary.
overpayment Remedy
Permanent employees covered herein shall reimburse the
Ci ty for any overpayment of wages or benefi ts. said
reimbursement shall not be required until the city
notifies 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.
2.02.
2.03.
Effective Date of Pay Increase
Notwithstanding any other provision contained herein,
changes in salary rates shall become effective on the
first day of the payroll period closest to the effective
date stated herein.
Salaries
A. Effective July 1, 1992, the E-step salaries of
employees covered hereunder shall be increased by 4%.
B. The E-step salaries as of July 1, 1992 of employees
covered hereunder shall remain unchanged unless
either party provides written notice to the other not
later than March 1, 1993 that it desires to modify
the E-step salaries as of July 1, 1993. However, in
no event shall the E-step salaries be reduced for
FY93-94. The E-step salaries of employees covered
hereunder in effect as of July 1, 1993 shall remain
unchanged unless modifications are made pursuant to
the written notification provision of Section 1. 03
(Term of Agreement) of this MOU.
Overtime
Overtime for all employees covered in this agreement
shall mean those hours worked in excess of 40 hours per
week for members assigned to administrative duties or
f ire prevention, or those hours in excess of an annual
average of 56 hours per week, exclusive of all trades of
time for employees in the Fire Suppresslon Service.
Hours worked for purposes of this section shall i~clude
hours actually worked, vacation, sick leave (including
bereavement leave), compensatory time, holiday time
taken, exchange of time that was regularly scheduled but
not worked; but it shall exclude hours actually worked in
lieu of any exchange days.
A. Overtime 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
compensated for a minimum of 4 hours at time and
one-half.
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2.04.
2.05.
2.06.
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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 time and
one-half.
D. An employee who has completed his/her regular shift
and is retained 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 lieu of paid overtime.
If an employee so elects to accrue compensatory time,
said time shall be accrued at the rate specified in
Subsection A I 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.
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.
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
receive 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 time 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.
Compensatory Time Off & Exchange of Time
The guidelines agreed to by Local 1109 and Fire
Department Management on November 1, 1984 shall remain in
full force and effect, with the following changes:
A. There shall be no limit placed on exchange, accrued
or compensatory time off.
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2.07.
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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 "assign hire" procedure be used to
provide a name to fill the vacancy.
c.
The value of all compensatory (accrued) time
floating holiday time not taken by the end of
fiscal year shall be paid to the employee at the
of each fiscal year, at the rate in effect at the
of the fiscal year.
and
the
end
end
D. Payment of unused compensatory time as specified in
(C) above shall be made in a separate check rather
than in the employee's regular payroll check. This
separate check will also include any sick leave buy
back to which the member is entitled to receive for
that same fiscal year.
E. Requests for compensatory (accrued) time off shall
remain subject to departmental approval.
Administrative Adjustment
Any employee who is regularly assigned to a 40-hour work
week in the Fire Prevention Bureau, in the Administrative
office of the Fire Chief, or the Training Division of the
Santa Monica Fire Department shall receive an
Administrative Assignment Adjustment according to the
following schedule:
Effective July 1, 1992:
Firefighter
Fire Engineer
Fire Captain
Battalion Chief -
5% of base salary
5% of base salary
5% of base salary
5% of base salary
However, in lieu of the above, the individuals
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
Fire Marshal - 10% of base salary
Training Officer - 10% of base salary
Captain - Haz. Mat. - 10% of base salary
Temporary or occasional assignment to such duty of less
than thirty (30) days duration shall not constitute
regular assignment within the meaning of this section.
During temporary or occasional assignment to 40-hour work
week in the Fire Prevention Bureau, in the Administrative
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Office of the Fire Chief, or the Training Division an
employee regularly assigned to Fire Suppression shall not
be deprived of the benefits accruing as a Fire
Suppression employee.
2.08. Paramedic Bonus
2.09.
2.10.
A. Employees who are regularly assigned to paramedic
duties shall receive a bonus, on a monthly basis, as
fo-llows:
(1) 13% of the monthly E-step Firefighter salary.
Said bonus shall be paid at the beginning of the
first payroll period following initial
certification of skills required by the Los
Angeles County Health Department for paramedic
duties.
(2) 16% of the monthly E-step Firefighter salary.
Said bonus shall be paid at the beginning of the
payroll period following either the completion
of two consecutive years of paramedic duties for
the Santa Monica Fire Department or upon
recertification of skills required by the Los
Angeles County Health Department for paramedic
duties while employed by the Santa Monica Fire
Department, whichever occurs first.
(4) While on paramedic qualification school
assignment, an employee shall be treated in all
other respects as being assigned to the Fire
Suppression Division and shall receive all
benefi ts incidental thereto, except that such
employees shall not be entitled to the "40 hour
work week" bonus provided by Section 2.07.
EMT Bonus
Each member who holds a current EMT-lF.S. certificate or
Los Angeles County Paramedic certification shall be
eligible for a bonus of $lOOjmonth. In order to maintain
this benefit, the member must maintain a current
certification through the term of this agreement.
Promotional Pay Rate
In the event that the rate of pay being received by an
employee being promoted is equal to or greater than the
entrance salary of the position, the employee I s salary
shall be increased to the next higher rate to that
attained 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.
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2.11.
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Acting 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 assigned company only.
D. No member who is working overtime 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:
Members on a current promotional list will
assigned to a position for which he/she
qualified. (Example: A member on
engineer's list is assigned to act as
engineer. )
(2) I f more than one member on a company is on a
promotional list, they will alternate on a cycle
basis.
(1)
be
is
the
an
(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 (Acting) 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 basis.
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
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.
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2.12.
2.13.
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Bilingual Skill Pay
Qualified employees who meet the criteria set forth
herein shall receive a bilingual skill pay of $50.00 per
month. To receive a bilingual pay the following criteria
must be met:
A.
must be assigned to speak or translate a
addi tion to Engl ish. This may include
communication skills such as sign
The employee
language in
specialized
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 fiscal year (July), the employee receiving
bilingual skill pay must be recertified as qualified
through examination administered by the Personnel
Department.
Performance Incentive Bonus
In recognition of the fact that it is critical for
firefighter personnel to maintain a certain level of
physical fitness to perform their jobs in a satisfactory
and safe manner, employees covered hereunder will be
required to take a physical fitness test comparable to
that which Firefighter candidates must pass to be hired
by the city. Said physical 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 rating on his/her annual wri tten
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
month for the next fiscal year (Le., 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 prior to the end
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of that six-month period. Once the employee passes the
physical fitness test, that employee shall receive the
performance incentive bonus starting at the first of the
month following successful completion of the physical
fitness test. If said employee should still fail 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
requirements of their positions may be separated from
City service.
The interim criteria described above shall be used to
determine eligibility for the performance incentive bonus
for FY92-93.
For FY93-94, participation in the performance incentive
bonus program will be mandatory for all employees covered
hereunder and eligibility for the performance incentive
bonus will be measured on an annual basis. It is the
intent 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 recognition of this 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 1, 1992 to
revise the criteria used to determine eligibility for the
performance incentive bonus to be used for FY93-94. The
criteria used to determine eligibility for the
performance incentive bonus may include the following
components: 1) medical examination program; 2) physical
agility and/or stamina tests; 3) job simulation
exercises; 4) physical fitness or IIwel1ness" 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) representatives of the
Personnel Department, one of whom shall be the Director
of Personnel. The Director 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 FY93-94.
For FY93-94, the parties will open this Section of the
MOU to meet and confer regarding the amount of the
performance incentive bonus that will be in effect as of
July 1, 1993.
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2.14.
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Y-rating
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 until 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
Subject to the provisions of this section, the City shall
contract with the Public Employees I 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'
Medical 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 city; provided, however,
that the city shall continue to provide to all employees
covered by this Agreement and eligible dependents the
benefits available under the existing 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 derived 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
"composi te" 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 medical 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 medical insurance premium
contribution as other employees covered by this MOU. The
cost of coverage under the PERS Program for each retiree
annuitant 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
- 15 -
.
.
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, including
any administrative fees and contingency reserves required
by PERS, for the employee and his/her eligible dependents
under one of the PERS Program options, not to exceed
$435, -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 direct payment from Local 1109. Any
tax liability associated with the contribution made by
the ci ty 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 implementation of the plan,
under current law, is to provide benefits which are not
subject to either state or federal income tax. Thus, the
tax liability provision 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) is responsible for the taxes. In the
absence of such a change, the provision pertaining to tax
liability shall have no effect.
Effective July 1, 1993, the maximum amount of the City's
contribution 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 FY93-94 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 required by PERS to make payments for
contingency reserves, 100% of those costs shall be
included in the calculation of the composite monthly
insurance 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
- 16 -
.
.
composite monthly i~urance 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 (1)
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 basis, or (b) Local 1109
shall have the alternative option to cause the City to
discontinue 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 in which the change occurs for active
employees and eligible dependents provided that employees
covered hereunder participate in the City-offered medical
insurance programs. The city I s obI igation to subsidize
insurance premiums for retirees would cease in the event
that Local 1109 exercises its option to cause the City to
discontinue to contract for insurance benefits with 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
medical 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 basis, or (b) by
direct payment from Local 1109.
It is agreed that the intent of this section 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 contribution. It is not the intent of
the parties to require such employees to remain in the
PERS general plan in the event the 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 contingencies: (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 City's insurance premium contribution ("cap"'. It is
the intent of the city, in the event of such problems
- 17 -
3.02.
3.03.
.
.
arising with the PERS Fire fighter Plan, to permit and to
facilitate the return of all city fire fighter 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
responsibility of the COBRA participant.
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 conferring.
Retirement
The City is a contract member of the Public Employees I
Retirement System (PERS), and it is understood and agreed
that such membership will be maintained and that employee
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
Section 20930.3 military service
service (employee paid) .
with PERS
credit as
to add
public
Uniform Allowance
Employees covered hereunder shall be paid a uniform
maintenance 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 pairs of safety
boots or one pair of safety boots and one pair of
departmental approved oxfords.
The City agrees to replace, as needed, not more than one
work shirt and 2 patches per employee per year.
The "Work Uniform" shall be as follows:
- 18 -
.
.
A. Chief Officers: Uniform work jacket (if 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
shoes, socks, badge, nameplate and belt with SMFD
buckle.
B. Captains, Engineers and Firefighters: Approved light
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 firefighting.
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 Department" embroidered on the front may
be worn under the following conditions:
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 exercise 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 white 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
immediate use in the event of an alarm. Turnouts
shall be worn over athletic dress while riding
apparatus to and from approved physical fitness
locations.
- 19 -
.
.
sick Leave Buy Back Program
Employees covered herein will have the option to receive
payoff for unused sick leave under the following
conditions:
3.04.
A. Definitions
(1) "sick Leave Bank" or "Bankll, shall mean sick
leave earned in years prior to the Accrual Year.
(2) "Accrual Yearll shall mean the fiscal year in
which Payable sick Leave is earned.
(3) "Payable sick Leave" shall mean that portion of
the sick leave unused in this year's accruals.
(4) IIBase Hourly Rate II shall mean the hourly pay,
excl uding any special assignment 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 fiscal year.
(5) II Day If 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 fallowing schedule:
Less than 10 Completed Years
of Service with Santa Monica
10 or More completed Years
Service with Santa Monica
Days Used
Unused Days
Available for Pay
Days Used
o
1
2
3
4
5
6
7
8
9
10
11
o
1
2
3
4
5
6 or more
6
5
4
3
2
1
o
- 20 -
Unused Days
Available for Pay
12
11
10
9
8
7
6
5
4
3
2
1
.
.
.
12 or more 0
D. Payoff shall be made at the Base Hourly Rate.
E. Sick leave for which payoff is received shall be
considered "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 given the opportunity to receive
payoff on a pro-rata basis. Employees who separate from
City 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
satisfactory service. This provision applies to all
employees of the bargaining unit covered by this MOU
whether or not the individual employee elects to receive
payoff annually. The sick Leave Bank for each employee
shall henceforth be limited to unused sick leave days
maximum. Sick leave days "banked" by employees covered
herein prior to the implementation date of this agreement
are not to be reduced by this accrual limitation.
However, if the employee I s Sick Leave Bank is greater
than 130 days, no further sick leave shall be added to
the Bank until the Bank drops below the 130 day maximum,
at which time the employee may "bank" up to the maximum
130 days.
3.05. Deferred Compensation
It is hereby agreed that employees covered herein will be
offered participation in the City's deferred compensation
plan.
3.06.
Mileage 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
- 21 -
.
.
.
An education incentive bonus is paid to employees in the
classifications 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:
(17 satisfactory credit for 60 cOllege-level
semester units (or quarter unit equivalents), at
least 18 of which units shall be in fire
science. This section shall only apply to those
employees who were receiving an educational
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, or
(2) certification as a Firefighter II by the
California state Fire Marshal prior to July 1,
1990.
provided that the following condition is met:
the employee demonstrates that he/she is working
either towards a degree from an accredited
college or university or towards a higher level
state Fire Marshal certification (i.e., above
Firefighter II). To meet this condition, the
employee must submi t 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 unit 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 certification.
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
educational 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
- 22 -
3.08.
.
.
(2) a A.A. or A.S~ Degree from an accredited college
or university which includes at least 18 units
in fire science, or
(3) certification as a Fire Officer
California state Fire Marshal.
by
the
C. An employee shall be paid $300 per month as an
educational incentive bonus for the completion of
sa~isfactory course work as follows:
(1) a B.A. or B.S. Degree from an accredited college
or university which includes at least 36 units
in fire science, or
(2) certification as a Fire Officer plus completion
of eighteen (18) 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) certification as a Chief Officer by the
California State Fire Marshal.
D. Application for the educational incentive for either
first-time eligibles or those who become eligible 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 incentive benefit described herein.
The Personnel Director, or his/her designee,
shall make the final determination as to whether
or not an employee covered by this provision
qualifies for educational incentive and, if said
employee qualifies, the level of educational
incentive to be received by that employee.
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
- 23 -
3.09.
.
.
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
certification. Each affected employee will be required
to specify by no later than September 1, 1992 which
degree or certificate he/she will 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
receive tuition reimbursement.
The following terms and conditions shall apply:
(a) The maximum annual amount of tuition 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 insure that the course
qualifies for tuition reimbursement.
(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 outside source(s)
plus the normal City reimbursement exceeds the cost
of tuition and study material for the approved study
course.
Filming/Stand-by Assignments
Personnel who volunteer to
assignments shall be entitled
for a minimum of 8 hours at
pay:
work filming/stand-by
to receive compensation
the following rates of
A. For the first 8 hours - Hourly rate shall be equal to
1% of the gross monthly salary for "E" step
Firefighter.
B. For the 9th through 12th hour - Hourly rate shall be
equal to 1-1/2% of the gross monthly salary for "E"
step Firefighters.
c. For all hours in excess of 12 hours - Hourly rate
shall be equal to 2% of the gross monthly salary for
"E" step Firefighter.
- 24 -
.
.
ARTICLE IV. LEAVES
4.01. Paid Holidays
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
Jrd 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 1 day
(12 hours pay) for each holiday, whether on-duty or
off-duty, or shall be entitled to "float" said
l2-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 Chief. If "floated" days
are not used prior to the end of the fiscal 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 Administrative
duties shall receive as paid holidays the following:
1st of January
3rd Monday of January
12th of February
Jrd 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 immediately preceding Christmas
25th of December
The half (1/2) day immediately preceding New Year's
One floating holiday (to be used at the employee I s
discretion) .
- 25 -
4.02.
4.03.
.
.
Vacation
Each employee occupying a regularly authorized full-time
position or a permanent and continuing part-time position
in any job classification covered herein shall accrue
vacation leave with pay on the following basis. "Day" is
defined in section 3.04.A. of this MOU.
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
service.
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 including 15 years of service,
1.58 days for each completed calendar month of
service.
E.
Upon completion
thereafter, 1.75
month of service.
of
days
15 years of service and
for each completed calendar
F. The limitations on the accumulation, proportionate
accumulation, scheduling and payment for such leave
shall be as prescribed in the civil service
provisions of the Santa Monica Municipal Code.
G. Fire Department management and Local 1109 shall work
together to develop a vacation, trades and overtime
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 MOU, the city retains the right to
assign and schedule employees covered hereunder.
Sick Leave
A. Sick leave shall be defined as in Section 21041 of
the Santa Monica Municipal Code hereby incorporated
as if set forth in full herein, 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
dependent children which could not be scheduled
during non-work hours, with proper advance
- 26 -
4.04.
4.05.
4.06.
4.07.
4.08
.
.
notification to the Department Head, or illness or
injury of any member of the employee's household.
Leave of Absence without pay
Such leave shall be governed by Santa Monica Municipal
Code Section 2104K 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
Managei:' . Such leave may not exceed one year. Upon
expiration of the leave, the employee shall be reinstated
to the position held before the leave was granted. Such
leave shall be granted only in 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.
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 excluding mileage for the time required to
be spent under the jurisdiction of the court. Each
employee receiving a notice to report for jury service
shall immediately 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 assignment, 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 daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Military Leave
Military leave shall be administered in accordance with
applicable Federal/State codes, ordinances, and laws.
Workers' Compensation Leave
Workers' compensation leave shall be in accordance with
applicable California State Law.
Bereavement Leave
Bereavement Leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate family,
meaning spouse, child, brother, sister, parent,
parent-in-law, step-parent, step-brother, step-sister,
- 27 -
4.09.
.
.
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.
Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child who requires
constant parental supervision shall be entitled to a
leave of absence totaling four (4) months immediately
following the child I s birth or adoption and shall be
returned to the same job classification occupied prior to
the leave upon its expiration. 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
21041 (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).
primary responsibility may be established by providing
documentation that the employee's spouse is medically
incapacitated; or that the spouse is gainfully employed
during 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
circumstances such as the adoption of a disabled child
who requires constant parental supervision.
Materni ty leave is not the same as parental leave and
shall be administered in accordance with state and
federal law.
- 28 -
~
.
.
.
ARTICLE V. WORKING CONDITIONS
5.0L
5.02.
Safety
The city shall provide safe, clean, and healthy city
facilities in accordance with applicable Federal, state,
and local laws and regulations. The employee
organization agrees that where safety devices or items of
protective 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 maintaining 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 obligation of employee(s) covered
hereunder to immediately report to his/her immediate
supervisor any working condition that appears to be
unsafe to the employee(s).
The city
Hepatitis
hereunder.
provide, at
inoculations
will
"B"
no
for
cost
all
to the employee,
employees covered
Constant Staffing
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
staff ing level. However, the city, in anticipation of
vacancies, may hire 3 additional 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 is 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 inability 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,
- 29 -
5.03.
5.04.
5.05.
.
.
the then current minimum staffing strength for said
platoon shall be reduced to account for said vacancy or
vacancies.
Mandatory Physical Fitness
One and one-hal f 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.
Paramedic Certification & Selection Process
It is agreed that the following procedure will be used
for selecting members to attend paramedic training:
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 "A" above
will then participate in a competitive examination
and selection process developed and administered by
the Personnel Department. This examination and
selection process may include any, or all, of the
following factors: written examination; oral
examination; promotability.
c. Based on the results of the examination and selection
process outlined in liB" 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
list. If the list should become exhausted (1. e. ,
fewer than three names remain on the list), a new
eligibility list will be developed in accordance with
the procedure outlined in "A" and "B" above.
Whenever a candidate is to be selected to attend
paramedic training, the Personnel Department will
certify the top three (3) names from the eligibility
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 eligibility lists will be deemed exhausted
and the procedure outlined in "A", "B" and "C" above
will apply.
Effect of Job Performance on Salary
The City Managerl in exceptional cases, based upon
specific appraisal of the importance and difficulty of
the work and the experience and ability of the person to
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5.06.
5.07.
.
.
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
will be no increase in wages of any kind as a result of a
NOT ACCEPTABLE rating on the employee's prescribed
periodic 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 2104Al). 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.
Washing 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.
No Smoking 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 provision will be maintained
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 six (6) months,
that employee will receive a one-time only bonus in the
sum of $250.00. At such time that all such employees
qualify for that bonus, and provided that no employee in
the unit 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-time only bonus in the form of a cash
payment of $250.00.
with respect to this section, the parties agree to meet
and confer in the event of any legal challenge to any
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5.08.
.
.
.
provision under this section with respect to the defense
of Local 1109 or of any officer or member named in such
legal challenge.
Employee Parking
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for city
employees at City facilities. If it should become
necess"Ciry 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 implement any actions pertaining to
charging for parking without meeting and conferring with
Local 1109 should any employee (s) represented by Local
1109 be subject to such a charge.
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ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
6.01.
6.02.
6.03.
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 this MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduct~on authorization recognized employee organization
dues, credi t union investments or payments, health and
hospitalization insurance premiums, and life and accident
insurance premiums. 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.
Reasonable Notice
It is mutually agreed that Local 1109 shall receive at
its place of business (station #3, 1302 19th street) a
copy (via intercity mail) of the city council and/or
Personnel Board agenda for each meeting. Further, it is
understood that said notification shall be concurrent
with the notification provided the Personnel Board and
city council members.
Grievance/Complaint Policy
A grievance is a complaint by one or more employees
covered by this MOU or by the santa Monica 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 2106B et seq. of the Santa Monica Municipal Code
and which must be pursued by the aggrieved employee(s).
This grievance and complaint pOlicy also does not apply
to protest of performance eval ua tions which are sub] eat
to the procedures outlined in Section 2l04A 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
immediate supervisor regarding the grievance, which
must be stated in writing on Form F-IO, specifically
citing the MOU, ordinance, resolution, rule, policy,
practice or procedure that is the subject of the
grievance and the circumstances giving rise to the
grievance.
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.
.
B. If the grievance is not resolved by the end of the
employee's 3rd regularly scheduled shift following
the shift on which presentation of the grievance to
the immediate supervisor occurred, the employee may,
within 5 regularly scheduled shifts thereafter,
appeal to the second level supervisor, if any, using
Form F-IO.
C. If- the grievance is not resolved by the end of the
employee's 3rd regularly scheduled shift following
presentation to the second level supervisor, if any,
the employee may within 5 regularly scheduled shifts
thereafter, appeal to the Fire Chief using Form F-IO.
The Fire Chief shall meet with the employee and the
employee's representative to attempt to resolve the
grievance.
D. I f the grievance is net resel ved by the end of the
employee's 10th regularly scheduled shift following
presentation of the Form F-IO to the Fire Chiefl the
employee may, wi thin 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 City Manager
shall be issued no later than the end of the
employee's loth regularly scheduled shift, after the
filing 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 eight-hour work day for personnel not
assigned to the 56 hour work week.
F. All time periods 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 incident 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
action.
H. Employees shall have the right to be represented in
grievance matters in the following manner:
(1) Employees shall have the right to represent
themselves individually in grievance matters.
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6.04.
.
.
(2)
.
Employees may designate
Department to represent
matters at steps one (A)
grievance process.
a member of the
them in grievance
and two (B) of the
(3) Employees may designate a departmental or legal
representative to represent them in steps three
(C) and four (D) of the procedure.
(4) No supervisors shall be represented in grievance
matters by one of their subordinate employees.
(5) No employees shall be represented in grievance
matters by their supervisors.
I. An employee who has initiated a grievance, or
assisted another employee in ini tiating and/or
processing a grievance, shall not in any way be
coerced, intimidated or discriminated against.
J. Grievances initiated by Local 1109 shall be submitted
directly to the Fire Chief within thirty (30)
calendar days following the incident giving rise to
the grievance or within thirty (30) calendar days
from the date on which Local 1109 could reasonably
have become aware of said incident. The Fire Chief
shall respond to the grievance within ten (10) work
days. Upon receipt of the Fire Chief's response,
Local 1109 can appeal to the Director of Personnel.
wi thin fifteen ( 15) work days of receipt of the
grievance, the Director of Personnel shall
investigate the grievance and make recommendations to
the city Manager, whose decision shall be final. The
decision of the city Manager shall be issued no later
than the end of ten (10) work days following receipt
of the Director of Personnel's recommendations. Work
day as used in this provision is defined as the work
day assigned to forty (40) hour per week personnel.
Disability Retirement Dispute Resolution Procedure
A. When a safety employee applies for a disability
retirement, the City will have up to 180 days within
which to investigate the application and determine
eligibility for disability retirement. The employee
will be notified in writing as soon as this
determination is made.
B. In the event that a dispute arises between the city
and an employee regarding the employee's eligibility
for disability retirement or effective date of
disability retirement, the procedure outlined herein
shall be used to resolve the dispute.
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6.05.
.
.
c. An employee may contest a decision made by the City
regarding his/her disability retirement by making a
wri tten request for a hearing to the Ci ty Manager
within thirty (30) days of service of notice from the
City of the decision. All notices shall be to the
employee I s home address with a copy to his or her
legal representative. The City's written decision
shall include the City's basis for the decision and a
copy of the Disability Retirement Dispute Resolution
Procedure. If no request to initiate the dispute
resolution process is received within thirty (30)
days of service of notice, the right to exercise the
process is waived and the city will proceed to
implement its decision.
D. An appeal hearing shall be conducted by an
administrative law judge of the Office of
Administrative Hearings pursuant to Section 11500 et
seq. of the California Government Code.
E. 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.
F. Where testimony of City employees is involved , at
least seven (7) 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 basis and compensated at their regular rates
of pay for time spent in the hearing.
G. The city shall have the burden of proof that its
decision should be upheld.
H. The decision of the administrative law judge shall be
finall subject to judicial review commenced by the
employee in accordance with Municipal Code section
1400.
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 benefits) 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 responsibility 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.
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.
.
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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.
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IN WITNESS WHEREOF, the partles hereto have caused this
Memorandum of Understanding to be executed this date:
, 1992.
By:
Santa Monica Fireflghters
Local No. 1109 IAFF
Clty of Santa Monica
H. Robert Wirtz, President
Clty Manager
steve Davls, Board of Dlrectors
John Nevandro, Board of Directors
Paul Radomskl, Board of Dlrectors
Dirk Bailey, Board of Dlrectors
APPROVED AS TO FOmq:
~~.~
By:
Robert M. Hyers
City Attorney
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