SR-12A (5)
12A
PE'ffstaffreport. 1997 bancroft pms
Council Meeting: Apnl 29, 1997
Santa MOnica, California
APR 2 9 1997
TO' Mayor and CIty Council
FROM: City Staff
SUBJECT Resolution Authorlzmg the City Manager to Execute a Memorandum of
Understandmg with the Santa MOnica Firefighters Local 1109 IAFF
INTRODUCTION
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.
SACKGROUND
The current Memorandum of Understanding (MOU) with the Santa Monica Firefighters
Local 1109 IAFF expIred on June 30, 1996. As per the terms and conditions of the
expired MOU, negotiations with the Santa Monica Firefighters Local 1109 IAFF to
replace the expired MOU commenced on April 29, 1996, and resulted In the attached
MOU. This new agreement was ratified by the membership of the Santa MOnica
Firefighters Local 1109 IAFF on April 12, 1997.
The agreement IS a two-year contract, with an eXpiration date of June 30, 1998 The
agreement provIdes for a cost of lIving Increase for FY96-97 and FY97-98; an eqUIty
adJustment on January 1, 1997, an Increase to the EMT bonus on July 1, 1996; a I t A
APR 2 9 1997
HazMat Response Team bonus on July 1, 1997 r an Increase to the umform allowance
on July 1 r 1997, and makes some other mmor economic and non-economic changes.
BUDGET/FINANCIAL IMPACT
Funds are already Included In the budget for FY96-97 to cover any costs associated
with this agreement.
RECOMMENDA TION
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
Iffotalfr.pc" 1997'
.
)
,
RESOLUTION NO. 9138
(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 ICCS} and have reached agreement on wages, hours and other
terms and condItions of employment, and
WHEREAS, Section 2 06 of Ordmance No. 801 (CCS) of the CIty of
Sanfa MOnica requires preparation of a written Memorandum of Understandmg
between the administratIon and employees jf an agreement can be reached, and
WHEREAS, Section 2 06 of Ordmance No. 801 (CCS} further provIdes
that any such Memorandum of Understanding shall not be blndmg unless and until
presented to the governing body for determmatlOn; and
WHEREAS, the purpose of the Memorandum of Understandmg IS tr
promote and provide harmonious relatIons, cooperatIon, and understanding betwer
the City and the Santa Monica FIrefIghters local 1109 IAFF;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS.
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 Ithe same shall be In full force and effect
APPROVED AS TO FORM.
~fu~-~~~~
MARSHA JoNES MOUTRIE
City Attorney
'~h;!.s~~U~IO("o ,. 997.
.
'-
,
.
.
Adopted and approved thIS 29th of ApnL 1997
t..
D~
P O'Connor. Mayor
1. Mana M Stewart. CItv Clerk of the CIty of Santa MOllIca. do hereby certIfy that the
.",.. ., "'
foregomg ResolutIOn 9138(CCS) was duly adopted at a meetmg of the CIty CouncIl held on the
29th of April. 1997 by the followmg vote
Ayes
CouncIlrnernbers
Ebner. Femstem. 'tvlayor Pro Tern Holbrook. Mayor O'Connor.
Rosenstem
Noes
CouncIlrnernbers
None
Abstam
Counctlrnernbers
);" one
Absent
Counctlrnernbers
Genser _ Greenberg
'-
ATTEST- ~
~~_._. , ' L<.) _ .~
Mana M Stewart. City Clerk
MEMOmu~DUM OF UNDERSTAND:NG
BETWEEN
CITY OF SANTA MONICA, CALIFO~~IA
AND
SANTA MONICA FIREFIGHTERS
LOCAL 1109 IAFF
TABLE OF CONTENTS
ARTICLE/SECTION ~~~BER
PAGE :#
.li.RTI CLE I
GENER~L PROVISIONS
_ Ql Part1es to Memorandum...._...... .... .....4
., 02 Purpose . . . . . . . . . . . . . . . . . . . .. ..4
- 03 ~erm of Agreement ................... 4
1 O~ Dnlon Recognltlon, Responslbilitles and Rlghts. 5
1 05 Full Understandlng, Modlflcatlon, and Walver. 6
1 06 ~a~agement Rlghts ........... ...... ..... 6
, 07 Peaceful Peyfor~ance of Clty Services........ .7
, 08 Valldi=y of Me~oranduro of Understanding .7
- 09 Eq:..;.al Employrent... . . . . . . . . . . . . 8
::.. .10 :Jefl!lltlons............ . . . . . . . . . . .8
1.11 Overpayment Remedy..... ..10
1.12 Payments at ~er~lr.aClon ... ...10
ARTICLE II
COMPENSATION
Effectlve Date 0= 2ay Increase... ........
Salarles . ......... . . . . . . . . . . . . . . . . .
. 12
. 12
. .13
15
.. 15
. .. 15
. . . . .16
. . . . .17
. . .18
2.01
2.02
2 03
2 04
2 05
2 06
Overt:irr.e. . . . . . .
2 07
2 08
2 C9
2.10
O=f-Duty Court Appearances...................
Cou~~ Standby. """ .. ..... .....
Compensatory Tlme Off & Exchange of Time....
Admln~stratlve AdJustment ... ...
Para~edlc Bonus........
Er.-n 3onus......
Pro~otlo~al 2ay Rate ..
. . . .18
2.11
2.12
2.13
2.l4
2 15
Actlng Pay.... . . . . . . . . .
Blllngual Sklll Pay . . . . . .
Performance Incentlve Bonus............
Haz Mat Response Team Bonus. . . . . . . .. .......
y-ratlng.... .................... ..........
. . . . . .19
. . . . .20
..21
.22
22
ARTIC~E III: SUPPLEMENTAL BENEFITS
3.01 Health Insurance ......... ....... ..... .23
3.02 Retlrement '" ............. '" .. ...27
3.03 Uniform Allowance........... ......... ....... .29
3 04 SlCK Leave Buy Back PrograIT-...... ........... 29
3 05 Deferred Compensation... . . . . . . . . . . . . 31
3.06 Mileage Relmbursement.. ........ .31
3.07 Educatlonal Incentive.. ....... .32
3.08 Tuitlon Relmbursement ....... .. ... 34
3.09 Filmlng/Standby Asslgnments............ .... .35
ARTICLE IV: LEAVES
4.01
4.02
4.03
4.04,
4 05
4 06
4 07
4.08
4.09
4.10
A?TICLE V:
5.01
5.02
5.03
5.04
5.05
5 06
5 D7
5 08
5.09
Paid Eolldays.. ...
Vacation
Slck Leave
Leave of Absence Wlthout Pay..
J'...:.ry Duty.. . . . . . . . . . . . . . . . . . . . . .
Mllltary Leave ....... . . . . .. ..........
Workers 1 Compensatlon Leave.... .......
Bereaveme~~ Leave.... .... ......
Parencal Leave.
Famlly Leave ..
. . . . . . . . . 36
. . . . .. . .37
. .. .38
......38
. .. . .39
.39
39
. 39
. 4D
. . . . ., ..40
WORKING COND=TIONS
Safety. .
42
42
4:3
43
.44
.44
.45
. . . . . .45
Constant Stafflng....
Mandatory Physical ?l~ness
ParaMedlC Certlflcatlon & Selectlon Process. . .
Effect of Job Performance on Salary
Washlng Machlnes
No S~oklng Requlrement .......
E~ployee Parklng................
?romotlonal Examinatlo~S ........ ........
. . . . .45
2
ARTICLE VI: EMPLOYSR/EMPLOYEE RELATIONS
6.01 Payroll Deductlons .... ......... ..... ..... ... .47
6.02 Reasonable Notlce ........................ .47
6.03 Grlevance/Complalnt Policy.................... 47
6.04 Dlsablll~y Retlrewent Dlspute Resolutlon
Procedure. . . . . . . . . . . . . . .. .. ........... 50
6.05 Time Off for Dnlon BuSlness...................... .52
3
MEMORANDUM O? u~DERST~~DING
SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF
CITY OF SA~TA MONICA
ARTICLE I.
GENERAL PROVISIONS
1.01. P~+t~es to Memo~andum
ThlS Temorandum of understandlng (MOG) lS made and entered
lnto by and between the Clty of Santa Monica (herelnafter
referred to as "Clty") and the Santa Monlca Flrefighters
Local 1109 {hereinafter referred to as "Local 110911 or
"employees"), pursuant to the terms of Government Code 3500
et seq. and the Clty or Santa Monlca Ordlnance B01, hereby
lnco~porated by ~eference as if fully set forth hereln ThlS
MOD covers these employees ln the classiflcatlons llsted In
Seetlon 1.04 below
1 02
?l;.rpose
Tne partles agree chat ~he purpose of this MOD is to promote
and provlde harmorrlous relatlons, cooperatlon and
understandlng between the Clty and the employees covered
here~~, to p~ovide an orderly and equitable Means of
~esolvl~g dlfferences WhlCh may arlse under thlS memorandum,
and to set fort~ the rull agreements o~ the partles reached
as a result o~ meetlng and conferrlng In good faith regarolng
nat ters w~ thln the scope 0:: representation for employees
represented by Local 1109.
~ 03. Terrr of Aoreement
ThlS Agreement snall be effectlve on July 1, 1996 and shall
renaln In full force and. effect until June 30, 1998. It
shall be auto~atlcally renewed from year to year thereafter
~nless elther party provldes wrltten notlce to the other not
la~er than March 1, 1998 and of each subsequent year that lt
deslres to ITod~fy t~lS agreemen~, and specif~cally ~nd~cates
requested Todlflcatlo~s.
4
1.04 Unlon Recoanitlon, ResponSlbll1t1e~, and Rlgh~s
A Recoanltlon The Clty recognlzes Local 1109 of the
International Association of Firef1ghters (IAFF) as the
recognlzed bargau:lng agent for the employees In the
followlng Job classiflcatlons:
Battallon Ch1ef
Flre Capta1ll
Flre Englneer
Flrefighter
Ass1stant Fire Marshal
Senior F1re Inspector
Flre Inspector
The Asslstant Flre Marshal Job classiflcatlon
(reclasslfled from Flre Preven~lon Engineer as of
January 1, 1997) shall be represented by Local 1109. As
of July 1, 1992, the lncumbent in the Asslstant Flre
Marshal Job classlflcation (then classlfled as Fire
?revenLlO~ Englnee~) elected to be ~grandparented" as an
employee represented by the Supervisory Team ASSOClates
(STA) and shal~ be covered by the terms and condltlons of
~he Me~orandum 0= Understandlng between the Clty of Santa
Mon1ca and the Supervlsory Team Assoclates. In the event
Lhat e~ployee should vacate t~e Assistant Flre Marshal
paslt~on, the new lncumbent wlll be represented by Local
1109 and shall be covered by the Lerms and condltlons of
--:hlS agree'TIent.
It lS the m'cltual unders'.:andElg af the partles that
acknowledgment of Local 1109 as the recognlzed employee
organlzatlon.
il) Does not preclude employees ~n such Job
classlflca':lons fro~ representlng themselves
lndlvldually lTI thelr employment relations with the
Clty.
(2) Does not preclude or restrlct the rlght of
Management o::lclals to meet and consult wlth
employees ln such Job classlflcations concernlng
the~r employment rela~lons wlth the City
5
B. Dutv of Reoresentatlon Local 1109 has the duty to
fa~rly represent: all T'lembers of the barga:..nlng unlt.
Accordlngly, Local 1109 agrees and shall assume lts
responsiblllties as the recognlzed designated
representat~ve to represent all un~t employees Wlcnout
discrlminatlon, interference, restraint, or coercion.
C. Scope of Represe~tatlon - The scope of representation of
the recogr.lzed employee organlzatlon shall be ln
accordance with the valld laws, statutes and ordlnances
of the State of Callfornla and the Clty of Santa Monlca
1.05 Full Understandlng, Modlficatlon, and Walver
The partles agree that each has had full and unrestrlcted
right and oppor"C.unl ty to wake, advance, and dlSCUSS all
!Tatters properly w1.thln the scope of representatlon as
outllned In Sectlon 2.05 of Ordinance No. 801 This MOD
conscltu~es the full and complete agreement of the par~les
Each party, for the term of thlS MOD, speclflcally walves the
right: to demand or petltlon for changes herein; however, both
partles rray rrutually agree to mee~ and confer over ltems and
lssues contalned here~n.
86 MaLaaement Rlahts
~he Cl~y retalns all r~ghts not speclflcally delegated by
thlS agreement, lncludlng, but net llJ111ted to the exclusive
rlgnt to.
Olrect, supervlse,
dlsc~arge, transfer,
hlre, promote,
aSSlgn, schedule,
suspend, disclpllne,
and retalll employees,
re~leve employees from d~tles because of lack of work or
funds, or under CO:::dl tions were contln;Jed work would be
lnefflclent or nonprcductlve;
aetermlne serVlces ~o be rendered, operatlons to be
perfor~ed, utlllzatlon or technology, and overall budgetary
matters,
deter~lne the approprlate Job clasSlficatlons and personnel
by wh:..ch government operaclons are to be conducted;
6
determ1ne the overall m1ssion of the ~nit of government;
malnta1n and lmprove the erf1c1ency and effect1veness of
government operat1ons,
take any necessary act10ns to carry out the m1SSlO~ of an
agency 1TI sltuatlons of emergency; and
take w~atever o~her actions may be necessary to carry out the
wishes of the publ:.c not otherW1se spec1f1ed above or by
collect1ve agreemenL. and perform all other functlons not
speclflcally made sub] ect to the meet and confer process
elsewhere 1n th1S MOD.
1.07 Peaceful Performance cf CltV SerVlces
For the durat10n of t~is agreement, the City agrees not to
~ock out employees represented by Local 1109; and Local 1109
agrees to ab1Qe by Sectlon 4.04 (A-C) of Ord1nance 801
1 08 Val1d~ty of Memo~and~~ of Understand~ng
=f any prov1s1cn of thlS MOD lS determ1ned to be inval1d or
:.llegal by a court 0:: competent ]urisdict1on, then such
prov1s1on shall be severed from this MOD, but the remalnder
~ereof s~all rema1n 10 fu:l force and effect. The partles
here~o s~a_~ 1mmed1ately commence to, in good falth,
nego~late for the p~rpose of replaclng any such lnvalld or
l:legal provlslon.
S~ould any change be made 1n a~y Federal or State law, or 1n
any rules and regula~lons l~plementlng such leg1slatlon, or
10 any C1ty Charter provlslon WhlCh would be appl1cable and
contrary to any prOV1S10TI hereln contained, then such
prOV1s:.on of thlS MOD shall be automatlcally termlnated, but
the rema1nder of t~lS MOD shall rema1n ln full force and
effect such legls:at~on and/or rules and regulatlons shall
supersede th1S MCC and appl1cable clauses shall be
subst1tuted for those ruled 1nvalld or 111egal The parties
hereto shall 1mmed1ately commenee to negot1ate for the
purpose 0: replac1ng any such lnval1d or 1llegal prOVision.
NC~wltr.s~and1ng the forego1ng, the part1es agree to make no
cr:a~ge 1n wages, ber:ef1ts, accumulation of sick leave or
va:::: at 10:1. d'...lTlng the terM of thls rv:OU, other than those
sDeclf1ed lTI th1S MOD.
7
1.09. Eaual EMolovment
- --
The C~ty and Local 1~09 wlll fully comply wlth the let~er and
splrit of all appllcable Federal, State and local laws, rules
and regulations governlng equal e~ployment opportunlty and
with the Cltyf s current Afflrmatlve Act.ion Program and
current POllCY on Sexual Ha~assment, WhlCh are lDcorporated
by reference here~n The Cl~y and Local 1109 wlll strlve to
achieve a workplace ::ree of blas and nelther party will
support or condone manlfestatlons of prejudlce by employees
covered hereunder.
Local l109 speciflcally agrees to support the City's equal
employment opportuDlty/afflrmatlve actlon plan polley as set
forth below
The POllCY of the Clty of Santa Monlca is to provlde equal
ewplo~ent opportunity to all persons based on lndivldual
rr-erit wlthout regard to race, rellglon, color, age (40 and
over}, sex, national origln, ancestrYt medical conditlon
(cancer re:ated), marltal status, sexual preferer-ce or
dlsablllty The Clty will assure equal employment
oppcrtunlt.y lD lts policy declslons affect.lng the
recrultnent, selecclon, asslgnrr-ent, promotlon, and trallllng
of personnel and lD all other terms, condltlons and
prlvlleges of enployment
It 15 the C~ty's lD~ent and POllCY to promote the obJectlves
of equa: erployment opportuDlty th~ough afflrmatlve and
posltive efforts. The Clty will work cooperatlvely wlth
lllstltutlons, C1V1C organlzatlons, commuDlty groups and other
approprlate orga~lzatlons concerned with employment
opportullJ..tles, as wel:: as wlth its suppllers and
subcontractors, In support of thlS pollcy.
1 10 Deflr-it1ons
The followlng deflnltlons are to be applied In the
lnterpretatlon of thlS MOD:
A
"Salary Range" shall mean the nornal five-step
E) hourly or monthly pay scale (and the
eq~lvalent) asslgned to each employment
~epresented by Local 1109.
(A through
Dl-weekly
posltion
8
E. "Salary Range Steps A tnrough EI' shall mean and be
established to bear the following percentage relatlonship
to Salary Range Step E computed to the nearest dollar,
with atta~nrrlent based upon the followlng amounts of
serVlce in the posltion
Step A - 81% or Step E - Durlng f~rst year of
employment
Step B - 85% of Step
.,..,
L -
During second year
of employment
SLep C - 90% of Step E - Durlng Lhlrd yea~
of employment
Step D - 95% of SLep E - Durlng fourth year
of employmell1:
Step E - After fourth year of employwent
C _ "Nearest Do:lar" shall Plean the next lower dollar lTI a
monthly rate when ~he computed amount lS 50 cents or less
and the next hlgher dollar when the computed amount lS 51
cer.::s or nore
D IIDate of Entrance Annlversaryll shall mean the date which
~ecurs annually after the date of entry into a position
~i. the classlf1ed serVlce of the Clty of Santa Monlca,
elther by or 3..g:c..na 1 eT"'ploY"T'ent, re-employment or
promctlon The date of entrance for employees with
broken serVlce sha:l be co~sldered as Lhat date on WhlCh
the last ~nbroken serVlce was effective
E.
I'Satls::actory SerVlce II shall mean the attalnment of an
Overall ?erformance Ra~~ng of not less than
11 Satlsfactoryll on the perforrance report lmmedlately
precedlng the e~ployee's date of entrance anniversary
"Hours of Work" shall mean the establlshed hours of work
for suppresslon pe~sonnel, fire preventlon personnel, and
personnel asslgned to adm~nlstratlve dutles.
(1 )
Personnel asslgned
hour Shlfts, and an
week, based on a 28
to Suppresslon shall work
annual average of 56 hours
day work perlod
24
a
9
(2 )
Personnel asslgned
admlnistratlve or
work no less than
convenlent to the
department head
to Flre Prevent lOTI ,
speclal dutles/details shall
40 hours a week on a schedule
department and approved oy the
G. "Pay Status" shall lrlclude regularly asslgned work hOllrs
actually perforwed. In addltlon, pay status shall also
speclflcally lnclude pay for tlme not worked such as slck
leave (lncludlng bereavement leave), vacat~on, holidays,
compensatory tlme off, Jury duty, workers' compe~satlon
leave, and IT-llltary leave
H.
IIWorklng Day" shall mean 12 hours
and 8 hours for adminlstratlve
deflnltion shall apply to accrual
for Flre Suppresslon
employees. This
of benefits only.
I.
"Work
flrst
Aprll
perlod" shall mean a
of WhlCh cOlTlrrenced
13, :::"986
recurrlng 28 day period, the
at 0800 hours on Sunday,
1.11. Overoa~~ent Renedv
- - -
Permanent employees covered hereln shall reimburse the Clty
for any ove~payment of wages or beneflts Said relmbursement
s~all ~ot be requlred unt~~ the Clty notifles the affected
e~ployee In wrltlng Re~mbursement may be accompllshed by
a lurrp-sur deductlon nade on the next subsequent e~ployee
payrol~ warrant followlng overpaymen~ notlflcation, or by
other reasonable repa~.ent ~ethod mutually acceptable to the
e~ployee and the Clty, except that ~ump-sum deduction shall
De requlred lf the next subsequent employee payroll warrant
18 the flnal or termlEatlon warrant lssued to the affected
e'TIployee
... 12
Pavwents at Ternlnatlon
When permanent emp.:.oyees covered hereln leave the
serVlce of the Cl~Y 0: Santa MODlca, they shall be entltled
to lump sum payoff of vacatlon days, unused compensatory
t~me and unused "floated" holldays, as deflned In Section
4 01 of thlS agreement No clalm shall be made agalnst
the C~ty fer the use or payoff of unused 81Ck leave, nor
10
shall the effectlve date 0: termlnatlon be extended by use
of compensatory tlme, sick leave, vacat20n or personal leave
days.
11
ARTICLE II
COMPENSATION
2 01 Effectlve Date of Pay Increase
Notwithstand~ng any other provision contalned hereln, cnanges
in salary rates shall become effectlve on the flrst day of
the payroll period closest to the effectlve date stated
hereln.
2.02. Salaries
A Effect~ve July 1, 1996, the E-step salarles of employees
covered hereunder shall be increased by two percent (2%).
As a result of this lncrease, the E-step of Job
classl:lcatlons covered hereunder shall be as follows
Fireflghter
Fire Eng~neer
F.:.re Capta1n
Battallon Chlef
Fire Inspector
Senlor Fire I~spector
Assistant Flre Marshal
E-step: $4,297
E-step: $5,021
E-step: $5,837
E-step: $6,'781
E-step: $5,021
E-step: $5,306
E-step: $5,837
B. Effectlve January 1, :997, the E-step salarles of
employees covered hereunder shall be lncreased by an
equ~ty adJus~ment of 1 65% As a result of thlS
IT:crease I the E- step salarles of Job class1rlcatlons
covered hereunder shall be as follows.
Flref:.g::ter
Flre Englneer
Flre Captaln
Battal:..on Chle::
FJ..re Inspector
Senlor Flre Inspector
ASslstant ?lre Marshal
E-steD
E-step
E-sten
E-step
E-step
E-step
E-step
$4,36B
$5,104
$5,933
$6,893
$5,104
$5,394
$5,933
C Effectlve July 1, :997, the E-step salary for Battallon
Cnlef shall be glver. an equlty adJust~ent of 3 3%, whleh
wlll lr;crease the E-step salary from $6,B93 per month to
57,120 per month. The July 1, 1997 cost of living
aaJustment, as set forth lr. subsection D below, shall be
applled to the adJ~sted E-step salary.
12
~ n ~
L.. I....;~
D. Effectlve J~~y 1, 1997, the E-step salar~es of employees
covered hereunder shall be lncreased by an amount equal
to the percentage lncrease ln the "cost-of-llvlng" lndex
as measured by the Consumer Prlce Index (for Urban Wage
Earners and Clerlcal Workers, 1967~100) for Los Angeles
Anahel.m-Rl. verslde, Callfornla, publlshed by the U S
Department o~ Labor, Bureau of Labor Statistics, for the
base per~od of Aprll, 1996 to Aprll, 1997 However, In
no event shall sald adjustment be less thart two pereent
(2%} or exceed four percent (4%)
The or.ly excep~lon to t~lS cost of Ilvlng provlslon would
be ln the event a higher percentage salary increase (also
known as cost of ~iving adJustment) 1S granted to all
enployees of any other bargalillng unit by the Clty of
Santa MODlca for the FY97-98 flscal year. In that case,
employees represented by Local 1109 shall be granted the
higher percentage salary lncrease In addltlon, for the
purposes of thlS prOV1Slon, an equlty adJustment granted
to a spec~:ic Job classlfication shall not be consldered
a salary lDcrease (also known as a cost of livlng
adJ us t"Tler::)
Ove r: l't'e
Over~lme for all e~p~oyees covered In this agreement shall
~ean ~hose hours worked In excess of forty (401 hours per
week for Members asslg~ed tc a~ admlnlstrat1ve (40-hour work
week) posltlon or t~ose hours ln excess of an annual average
0= flftY-S1X (36) hours per week, exclUSlve of all trades of
tlITe fer e~ployees ln the Flre Suppresslon Servlce. Hours
wcr";.ced for purposes of tIllS sectlon shall :t.nclude hours
actually worked, vacatlon, SlC~ leave (lncludlng bereavement
leave;, co~pensatory tlme, hollday time taken, exchange of
tlTe that was regularly scheduled but not worked; but It
s~all exclude hours actualiy worked in lleu of any exchange
days.
A SubJect to Sectlon 2 03(B) below, for all classes
represented hereln, oVertlMe shall be computed for actual
::lme worked a;: one and one-half tlmes the employee I s
appllcable rate of pay.
13
B If an employee regularly asslgned to Fire Suppresslon lS
glven an overtlme assignwent in an admlnlstrat~ve (40-
hour work week) positlon, overtlme shall be calculated
for actual tlme worked at one and one-half tlmes the
hourly rate of pay established for that admlnlstratlve
posltlon If an employee regularly assigned to an
admlnlstrative (40-hour work week) position lS glven an
overtime asslgnment in Flre Suppresslon, QVertlme shall
be calculated for actual time worked at one and one-half
tlmes the hourly rate of pay establlshed for the Flre
Suppresslon posltion. For the calculatlon of overtime
under the Falr Labor Standards Act (FLSA), a blended rate
wlll be used lD those cases where an employee has been
pald at two dlfferent rates of pay durlng the work perlod
In questlon.
C. An ewployee called out other than during hls/her regular
worklng hours for emergency work shall be compensated for
a mlnimum of four (4) hours at tlme and one-half. The
only exception shall be an employee regularly asslgned to
the Flre Prevent:.on Bureau wlth an asslgned 24 -hour
vehlcle who shall be compensated for a mlnlmum of two (2)
hours at tlme and one-half
D. An employee called out other than durlng ~ls/her regular
work hours for no~-emergency work shall be compensated
for a ffilnlMum of three {3; hours at time and one-half
~ An employee who has cOTpleted his/her regular shift and
lS retained at work 15 In a hold-over status and shall be
comcensated for at a ml~lmum of two (2) hours at tlme ar.d
one-half
F. An authorlzed departmen~al management offlclal may grant
compensatory tlme-o:f ~~ lleu of pald overtime. If an
eIT.ployee so elects to accrue compensatory tlme, sald tlme
shall be accrued at the rate speclfled In Subsect10n A,
above. However, any tlme worked as part of an exchange
of time arrangement shall not be considered overtlme nor
compensatory tlme and shall be valued on a stralght time
bas~s. An employee regularly asslgned to Fire
Suppresslon (56-hour work week)cannot accrue more than
four hundred-eighty (480) hours of compensatory tlme-off
ln any flscal year An employee regularly asslgned co an
aamlDlstratlve (40-hour work week) positlon cannot accrue
l4
IT~re than two hundred-forty (240) hours of compensatory
tl~e-off In any f~scal year Once the~e thresholds are
met, addltlonal overtlme hours wlll be compensated wlth
a payroll payment at the appropr~ate overtlme rate of
pay All unused accrued compensatory tlme-off will be
cashed out at the end of each flscal year. Unused
accrued compensatory tlme-off can only be cashed out at
the end of the flscal year In whlch It was accrued.
G No bonuses provlded by th1S agreement, except addltlonal
paramedlc bonus, shall be pald for MOD overtlme
asslgnments Terms regarding an addltlonal paramedic
bonus for paramedlc overtlme asslgnments are speclfied In
Seetlon 2 08 of thlS agreement
2.04. Off-Duty Court ApDearances
I= an employee appears in State or Federal court whlle off-
duty ln response to a subpoena or dlrective ln relatlon to
a watter that arose durlng the course and scope of
employment, the employee shall recelve a mlnlmum overtlme
compensatlon of three (3) hours pay at the rate of one and
or-e-half ~lmes the employee's appllcable hourly rate
L 05
Cc~rt S~andbv (S~ate or Federal Court)
Whenever an employee has been placed ln an on-call or standby
status whlle off duty ~n response to a subpoena or directlve
~n relat~on to a matter that arose durlng the course and
scope a: employment, t~e e~ployee shall recelve compensation
as follows:
A For the flrst court seSSlon (elther mornlng or afternoon)
durlng a cale!1dar day,
amount equal to two (2)
s~raight tlme rate;
~he employee shall recelve
hours of compensatlon at
an
the
3. For the second court seSSlon on that calendar day, the
eTlployee shall recelve co~pensatlon on an hour for hour
baslS at the stralght tlme rate.
2 06. Compensatory T1T.e Off & Exchanoe of Tlme
The gUlde:lnes agreed to by Local 1~09 and Flre Department
v,anagement on NoveITner 1, 1984 shall rema~n in full force and
ef=ect, w~tt the fo~lowlng changes:
lS
A. There shall De no llmit placed on exchange, accrued or
compensatory t1me eff except as speclfled lD Section 2 03
(F) of thlS agreement.
B Members wlshing to use compensatory (acc~ued) tlme off
will not need to provloe a replacement name However, ln
the event no names are available on the overtlme ~lSt, a
name must be provlded by the membe~ requesting the
compensato~y (accrued) tlme off At no tlme wlll the
"asslgn hlre" procedure be used to provlde a name to flll
the vacancy.
C ~he value of all compensatory (accrued) time and floatlng
hollday tlrne not taken by the end of the flseal year
shall be pald to the employee at the end of each fiscal
year. at the rate in effect at the end of the f:..scal
year.
~. Paymen~ of unused compensatory tlme as speclfled In (C)
above shall be made 1n a separate check rather than ln
the errplcyee I 8 regular payroll check ThlS separate
eheck wlll also lnclude any slck leave buy back to WhlCh
the meMber lS e~tl~led to recelve fo~ that same flscal
year
Re~~ests for compensatory (accrued) t1me off shall remaln
s~D:ect to departmental approval.
2 C7. Admlnls~ra~lve Ass:..an~ent Bonus
An employee who 18 regu~arly asslgned to
admlnlstra~lve (40-hour work week) posltlons
shall recelve an admlDlstrative asslgnnent
speclfled
one of the
llsted below
bonus, as
Battallor. C~lef -
(Deputy Flre Chlef)
10% of base salary
Battallon Chlef -
(Asslstant =lre Ch1e:)
5% of base salary
3attallon Chlef -
(:)1 V1Slon Chlef;'
5% of base salary
Flre Captaln (Staff Captalu)
5% of base salary
16
Temporary or occas~onal asslgnment ~o such duty of less than
th~rty (30) days duratlcn shall not eonstltute regular
ass~gnment wlthin the mean:.ng of ~hlS sectlon. During
temporary or occaslonal asslgnment to an adminlstrative (40-
hour work week) posltlon, an employee regularly asslgned to
Flre Suppresslon shall not be deprived of the beneflts
accrul~g as a Flre Suppress~on employee.
2.08 Paramedlc Bonus
A. EMployees who are regularly asslgned to paramed1c dutles
shall recelve a bonus, on a monthly basis, as follows;
(1)
13% 0: the monthly E-step Flreflghter salary. Sald
bonus shall be paid at the beginnlng of the flyst
payroll per~od followlng initlal certlf~cation of
skllls requlred by the Los Angeles County Health
Department for paramed~c dutles.
(2 )
~6% of the monthly E-step Fireflghter salary. Sald
bonus shall be pald at the beglnning of the payroll
period followlng elther the completlon of two
consecutlve years of para~ed1c dutles for the Santa
Mon~ca ?~re Department or upon recertlflcat~on of
sKllls requlred by the Los Angeles County Health
Depar~ment for paranedlc dutles whlle e~ployed by
the Santa Mon~ca ?~re Department, whlchever occurs
first.
I ~,
,5 !
While on paraMedlC quallf~catlon school asslgnment,
an employee shall be transferred to the 40-hour
work week schedule but he/she shall contlnue to
accrue be~eflts, lncludlng holldays, as If assigned
to Flre Suppression. &~ employee so asslgned shall
not be e~tltleci to the "hollday cash-out adJustment
bonus" provlded by the last paragraph of
SeetloD 4.01.
B. Only those employees who are regularly asslgned to Flre
Suppresslon and are regularly assigned to work as
pararnedlcs sha2.l be ellgible to recel ve a paramedlc
boll'...<s Enployees who are regularly ass~gned to an
adnlnlstra~lVe r4o-hour work week) posltion, lnclud~ng
17
those assig~ed to the Flre Preventlon Bureau, w1ll not be
eligible to recelve a paramedlc bonus. Any
admlnlstratl ve employee who 15 reCSl vlng a paramealc
bonus as of July 1, 1996 shall be "grandparem:ed" In that
he/she shall contlnue to receive the paramedlc bonus as
long as he/she continues to hold h~s/her current posltlon
on the 40 -hour work week schedule. In the event an
employee who is "grandparentedlJ should be reassigned to
Flre Suppress lOr. and later reasslgned to an
admlnlstratlve (40-hour work week) Oosltlon, he/she would
no longer be el1glble to recelve a paramedlc bonus.
If an employee who worked lL Fire Suppresslon as a
paramed1c lS asslgned LO an admlnistratlve (40-hour work
week) posltlon and wlshes to ma~ntain hls/her paranedic
certlflcation, the Fire Department shall make available
the necessary tralnlng, elther on-slte or cff-slte, and
shall cover the costs assoclated wlth the malntenance of
the e~ployee's payamedlc certification.
C. ParamedlC Over~lme Bon~s
When a flreflghter works overtlme as a paramedlc, he/she
s~all recelve an hourly paramedic bonus for all overt1me
hours worked as a paramed1c The employee's hourly
parameclc bonus sball be calculated by multlplYlng the
employee' s '1'on~h:!.y paramedle bonus, as determlned by
Paragraph 2.08 (Al, by twelve (:2) and then divldlng that
prod:Jc:: by the total number of !:lours the employee lS
scheduled to work l~ a year (l.e., 2,912).
.:. _ 'J":J. E:".:.T Bonus
As or July 1, 1996, each merr~er who holds a current EMT-1F.S.
certlflcate or :="'CS Angeles County paramedlc certlfleatlon
sha:: be ellglble for a bonus of $25D/month. In order to
nalntaln thlS beneflt, the member must malntaln a current
eer~lflcatlon throug~ the te~m of this agreement
2:0 Pro~otlonal Pav Rate
In the event t~at the rate of pay belng reeelved by an
eTlployee belng promoted lS equal to O~ greater than the
18
~ , 1
'::'.-0..__
entrance salary of the posi~ior., the e~ployee's salary shall
be lncreased to the nexc hlgher ra~e to that attalnea In the
former posi t~on. In the event the promot.lon lS to a
8upervlsory pos2tlon, the employee promoted shall recelve not
less than the next hlgher rate above t.he h~ghest rate belng
pald to subordlnates.
ActlDg Pay
The followlng procedures wlll be followed when actlng out of
grade (Actlng Battallon Cnlef, Actlng Captaln, Actlng
Englneer) :
A. No member may work down in grade (Example
Fireflght.er, CaptalD as Englneer)
Englneer as
B. No p:atoon may have more than 2 actlng members at. one
tlme
C. Normally, act.ing members wlll fill the posltlon needed to
be f~l:ed on hls/her asslgned company only.
~ ~o ne~ner who lS worklng OVeYtl~e wlll be asslgned to
work out of grade, u~less no other qualifled member lS
avallable.
E. Members w~ll be asslgned to an actlng pOS1tlon as
fo:~ows
(1) Members on a current promot1onal llSt wlll be
ass1gned to a pOS1 tlon for wh1ch hel she lS
qua11fled. ~Example: A member on the englneer's
1~8t 18 aS81gned to act as an englneer.)
(~ \
., L. i
If mo::::-e t::an one member of a company lS on a
prcmo~lonal IlSt, they will alternate on a cycle
baS1S.
(3) I f no members of a company are on a promot lonaI
llst, the Battallon Ch1ef and Captaln of each
co~pany sha~: select the member most qualifled to
:112. t~e pOSl tlon. An up-to-date llSt of actlng
T,embers shall be kept. lTI the BattalloD Chief I S
cfflce and up-da~ed regularly.
19
F Members asslgned to work out of grade (Actlng) shall
recelve the salayY for the posltlon they are fllllng as
~ they had been promoted to that posltlon, and shall be
paid on a hour for hour basls.
Whenever an employee covered hereunder lS dlrected to perform
all of the duties and aSSUMe all of the responslbil~tles of
Flre Chlef for fourteen (14}, or more, consecutive work days,
that employee shall be compensated at ~he lowest salary step
of the Flre Chief classlf1cation WhlCh wlll result lD a
salary increase of at least 5% above the employee's current
salary for all tlme worked In the Fire Chlef clasSlflcatlon
2.12. Blllnaual Sklll Pay
Quallfied ewployees who meet the crlteria set forth herein
shall recelve a blllngual sklll pay of $50.00 per month To
receive a billngual pay, the followlng crlterla must be met:
A The e!Tlployee must be asslgned to speak or translate a
language ln addltlon to Engllsh. ThlS may lDclude
speclallzed conmunlcatlon Skllls such as sign language
B. An employee must ~egularly utillze such skills during the
course of hls/her dutles or upon request of Clty
rranagement
r<
'- .
To become qual1fled, an employee must be certlfled as
q~allfled through exa~lnatlon admlnlstered by the
Personnel Department. Sald examlnatlon shall be job-
rela~ed, as derermlnea by the Personnel Department.
D
In order to retaln sald blllng~al sklll pay from one
flscal year to the next, durlng the flrst month of the
new flscal year (July), the employee receivlng bll1ngual
SKlll pay T.ust be recertlfled as quallfled through
examlnatlon ad~l~ls~ered by the Personnel Department
As of July 1, 1996, an employee who ~Jallfles for blllngual
pay under thlS Sectlon because of Spanish language Skllls
s~all recelve an addltlo~al $50.00 per month, for a total of
$100.00 per rr-onth.
20
2.:3
Pe~formance I~ce~t~ve Bonus
In recognltlon of the fact that It lS crltlcal for
flreflghter personnel to malntain a certaln level of physlcal
fltness to perform thelr jobs In a satlsfactory and safe
wanner, an employee covered hereunder shall be ellglble to
recelve a performance incentlve bonus of $100 per month 1f
he/she meets the followlng cr~te~la:
(1) the employee co~pletes the annual medlcal exa~lnation
by the Clty med1cal examiner and partlcipates ln the
City's Eiliployee Wellness program,
(2) the employee has recelved an overall performance
ratlng of at least "satlsfactory" on hls/her last
annual performance evaluaclon; and
(3 )
the employee has not been
actlon, exclud~ng verbal
wlth~n the last twelve (12)
subj ect to
and wrltten
months.
disclpllnary
reprlmands,
Sho~ld an employee fall to pass the annual medical
exarrunatlon (l.e., _~ determlned by the City's medlcal
exanl~er to not be physlcally capable of meetlng the normal
requlrenents of the employee's posltion), he/she shall be
glven SlX (6) Months to pass a fltness for duty exam. Once
the ern.ployee has been found flt for duty, he/she shall
rece~ve the performance incentlve conus startlng at the first
0= the tronth followlng t~e date of the fltness for duty
exa~inatlen as long as the employee also meets the other two
el~glbll~ty cr~~erla establlshed fer the performance
l:1Ce:1tlve bonus.
If an employee recelves an overall performance rating or less
t~an "satlsfactory" on hls/her annual performance evaluatlon
ana lS thereby not ellglble ':.0 recel ve the performance
~ncent~ve benus, he/she shall be evaluated on a quarterly
baS1S If t.he employee recelves an overall performance
ratlng of "sat1sfactory" or better on a subsequent quarterly
performance evaluatlon, he/she shall recelve the performance
lncentlve bonus s~artlng on the flrst of the month following
~he date of the quarterly perfor~ance evaluation as long as
::.r..e employee con':lnues to malntaln at least a "satisfactory"
21
level of performance and also meets the other two ellg1bl:1CY
crlterla establlshed for ~he performance incen~lve bonus
If an employee lS subject to dlsclpllnary actlon, excludlng
verbal and wrltten reprlmands, he/she shall ~ose the
performance lncentive bonus untll such time that the employee
has gone twelve (12) mo~ths wlthout receivlng further
dlsc1plinary actlon, exclud~ng verbal and wr~t~en reprlmands.
Once t~ere has been twelve (12) ~onths wlthout d1sclpllnary
actlon, excludlng verbal and wrltten reprlmands, the employee
shall recelve the performance lncentive bonus on che flrst
of the month followlng the end of that l2-month perlod as
long as the e~ployee also meets the other two eliglblllty
cr1teria establlshed =or the performance lncentlve bonus
2.14. Haz Y:at Resoonse Team Bonus
A. As of July 1, 1997, all employees covered hereunder who
are regularly ass~gned to the Haz Mat Response Team shall
recelve an asslgnment bonus of $150 per month.
3 Any reasslgnment resultlng 1D the d1scontinuance of the
asslgnment bonus shall not constltute a demotlon under
Cl ty Charter Sectlon 1110 and Municlpal Code Sect10n
2 04.710.
C. ~ocal 1109 shal~ not assert, nor represent o~ provlde
represen::.atlcn to any member ln assertlng, that the
dlscontlDuance of the Haz Mat Response Team bonus
cons~ltutes a demc~lcn under City Charter Sect10n 11:0
a~d Munlc1pa~ Code Sectlon 2.04 710.
2 15 Y-ratlng
When a personnel aC~lcn, e g demotlon due to layoff or
reclasSlflcatlon, resul~s In the lowerlng of the lncumbent
employee'S salary range, the ~ncunberrt errployee's salary may
be Y-rated. nY-rated" shall mean the maintenance of the
lncuITbent employee's salary rate at ~he level effectlve the
day precedlng the effeetlve date of the personnel actlon
placlng the employee ~~ a lower salary range The employee'S
salary shall rema1n at such level unt1l the salary range of
~he new classif1catlo~ equals or exceeds the Y-rate salary
22
ARTICLE III.
SUPPLEMENTA~ BENEFITS
3.0l. Health Insurance
A. Medical Insurance.
SubJect to the provlsions of thlS Sectlon, the Clty shall
contract wlth the Publlc E~ployees' Retlrement System
(PERS) to make ava~lable to those employees and thelr
ellglble dependents and to ellg~ble retirees and
dependents to the extent required by law the health
~nsurance beneflts avallab:e under the Public Employees'
Medlcal and Hospital Care Act, as set forth ln Sectlon
22761, ec seq. or the Callfornia Government Code
(herelnafter referred to as the PERS Program) The
health lnsurance beneflts available under the PERS
Program shall replace any other health lnsurance beneflts
avallable under non-PERS Program health lnsurance
beneflts malntained through the City, provided, however,
tha~ the Clty shall cont1nue to provlde to all employees
covered by thlS Agreement and ellgible dependents the
beneflts avallable under the existlng dental lnsurance
plans rraintalned by the City, wlth the Clty to pay lOO~
of the preF.1Um for sald dental lnsurance plans, provided
that emp~oyees and dependents partlcipate ln the City-
provlded dental lnsurance plans
For actlve employees and the~r dependents, the cost of
coverage under the PERS prograrr shall be set at the
beglnnlng of each medical plan year and shall be a
conposlte monthly lnsurance premlum derlved by dlvldlng
:a; the total monthly premlum, lncludlng any
admlnlstratlve fees and any con~ingency reserves requlred
by PERS, fer all actlve employees and dependents covered
hereu~der by (b) the numner of actlve employees covered
hereunder as of ::hat date The C~ ty wlll create a
Itcomposlte" monthly l~SUYance premlum, as described ln
thls paragraph, ln the admln~stratlon of the medical
lnsurance progran; and such composlte premlum will be the
same for every covered employee, regardless of famlly
s~atus or ~edlcal plan selected The composlte monthly
lns~ra~ce premlum shall be set once a year and shall have
no effect on the payment of the City'S lnsurance premlum
contrlbutlon. If ~ew employees are hlred, those
e~ployees wlll recelve the same medlcal insurance premlum
23
co~trlbutlon as o~her employees covered by thlS MOD. The
cost of coverage u~der the PERS Progra~ for each ret~ree
annuitant shall be the actual premlUW establlshed by PERS
for the type of cove~age elected by the retlree
annuitant.
The Clty shall contribute ~oward the payment of prem~ums
under the PERS Program on behalf of each ellglble
employee and, to the extent requlred by law, each
ellglble retlree a~nultant, the sum of $16 00 per month.
In additlon, each month the City shall contrlbute on
behalf of each aCClve employee toward a cafeteria plan
the dlfference between (a) the City's medlcal lnsurance
prenium contrlbutlon cap, WhlCh is set at $475, and (b)
the $16.00 contributlorr set. forth ln the thlrd full
paragraph of thls Sectlon 3.01. Each employee covered
hereunder can use thlS Clty contributlon to cover the
cost of medlcal insurance for the employee and hls/her
ellglble dependents under one of the PERS Program
op::..:..ons. The cost of PERS Program is the cornposlte
medlcal lnsurance premlum deflned In the second full
paragraph 0= thlS Sect~on 3.01. In ~he event the monthly
composlt.e rredlcal .:..nsurance premlum lS greater than the
C~ty's medlcal lTISUrance premlum contributlon cap, WhlCh
~s set at $475 per naDth, the dlfference between :.he
"Tlonthly composlte 'l'ed1Cal l.TIsurance premlum and the
C.:..::.y's co~trlb~tlon cap ($475 per month) shall be pald
::.~rough one 0: the fc~lowlng two arrangements selected by
Local 1109- (a\ dlrect payroll deductlon by each covered
employee or (b) dlrect payment by Local 1109 Any tax
llablllty assoclated wlth the contributlon made by the
ClCY to the cafe~erla plan shall be pald by the e~pleyee
upon whose behalf t.he con~rlbutlon to the cafeterla plan
':"s made.
In the event the n:mthly composite medlcal lnsurance
premlum lS less ~han the Clty'S medlcal lnsurance premlum
centrlbutlon cap, whlch .:..s set at $475 per month, the
dlfference between the Clty'S contrlbutlon cap
{S475/mont~)and the ITonthly composlte medlcal lnsurance
preM':"U~ wl:l be contrlbuted by the City on behalf of each
e~ployee lnte a Post Employment Health Plan (PEHP). Each
eTployee wl~l have hls/her own trust account establlshed
In PEHP
24
As regards the tax llaOlllty provlsion of the fourth full
paragraph of this Sectlon 3.01, ~he City warrants that
the cafeterla plan lS a bona fide IRS Sectlon 125
q~allfled plan The regular and lntended effect of the
lITplementatlon of the plan, under current law, ~s to
provlde beneflts which are not subJect to elther State or
Federal lncome tax. Thus, the tax llablllty provlslon
shall be lnterpreted to mean that, In the event of a
change in IRS regulatlons or tax law that makes cafeterla
beneflts taxable, the employee (not the Clty) is
responslDle ::or the taxes In the absence of such a
change I the provislon pertalning to tax liablllty shall
have no effect
Effectlve July 1, 1997, the maXlmum amount of the City's
contrlbutlon to the cafeterla plan shall be the
dlfference between (a) the hlghest medlcal lnsurance
preIT11Um ccntrlbutlon "capll establlshed for any of the
Clty'S other bargaining unlts for FY97-9B and (b) $16 00.
In the event the monthly composite med1cal insurance
p~errlu~s greater than the Clty'S medlcal insurance
pre~lum ccntrlDutlon cap, as descrlbed above, the
di::erence between the monthly composl te medical
~nsu~ance prerrlum and the Clty'S ContrlDutlon cap shall
be pald through o~e or the followlng two arrangements
selected by Loca: 1109 (a) dlrect payroll deductlon by
each covered employee or (0) d1rect payment by Local
'2..109
== the Clty
CC:1 t E:.gency
l:lC 1 uded 1::
lS requ1~ed by PERS to make payments for
reserves, 100% of those costs shall be
the calculatlon of the composlte monthly
l~sura~ce pre~lum.
Loca: 1109 sha~l be obl~gated to pay to PERS all of the
aTlounts requ~red for admlnlstratl ve fees for covered
employees and the.:.r ellglble dependents and retlree
an::Ultants and ellglble dependents. The amount requlred
ny PERS for admlnlstratlve fees for covered employees and
thelr dependents and retlree annultants and ellglble
dependents shall be lncluded l:l the calculatlon of the
compcslte mon~hly lnsurance premlum established for
act~ve employees covered hereunder.
25
If dur1ng the terM of thlS Agreement the Clty shall be
requ2red to pay an amount greater than $16.00 per wonth
for health lnsurance premlums on behalf of each reClree
annultant and any ellgible dependents, e1ther (a) the
Clty shall be re~mbursed for the aggregate lncreased cost
obtained by multlplYlng the amount of the required
cont~lbutlon ln excess of $16.00 by the total number of
retlree annu~tants partlcipatlng lU the PERS Program (1)
by dlrect payment from Local 1109 or (2) by reducing the
amount of the Clty'S cafeter~a contrlbutlon on behalf of
actlve employees, on a pro-rata basis, or (b} Local 1109
shall have the alternatlve optlon to cause the City to
dlscontlnue to contract for lnsurance benef~ts wlth PERS
under the PERS Program and, lnstead, to allow all actlve
and retired employees and ellg~ble dependents to enroll
ln one of the non-PERS Program medlcal lnsurance plans
offered by the Clty. In the event that Local 1109
exerC1ses thlS latter optlon, the City shall pay up to
the hlghest lnsurance premiu'P contrlbutlon "captl
established for any of the Clty'S other bargalning unlts
for the flscal year ~n whlch the change occurs for actlve
employees a~ci ellgible dependencs provlded that employees
covered hereunder part~clpate In the Clty-offered medlcal
lnsurance programs T~e Clty'S obllgatlon to SUbSldlze
~nsurance premlums for retirees would cease In the event
that Local 1109 exerClses ltS optlon to cause the Clty to
dlscont~nue to contracc for lnsurance beneflts w1th PERS
L:.nder the PERS Program :::f the 11 COll1pOslte " lnsurance
premlUll1 estab~lshed for non-PE~S Medical lnsurance
progra~s provlded by the Clty should lncrease as a result
of Local 1109 e'nployees gOlng back lnto the non-PERS
medlcal lns~rance programs, ~ocal 1109 w1ll be obllgated
to cover the to'.:al addl tio::J.al cost to the Cl '.:y {a)
through dlrect payroll deduc~lon by the employee elect~ng
sald coverage, calculated on a pro-rata baalS, or (b) by
dlrect paymenc from Local 1109
It ~s agreed that the lntent of thlS Sectlon 1S (a) to
provlde an optlon ::or e~ployees under the MOU to select
the PERS F~re Flghter Plan, and (b) to provide a Clty
1nsurance pre~ium contr1bution. It lS not the lntent of
~he partles to require such employees to remaln ln the
P2RS general plan ln the event the Flre Flghter Plan l8
canceled or merged
26
...... ......-
~..'.JL.
The parties agree that they wLll meet and confer
regarding health Lnsurance matters In the event of any of
the followJ..ng contlngencles: (a) If the PERS Fire
Flghter Plan ~s canceled by PERSi or (b) lf the costs of
the PERS Flre Flghter Plan (lncludlng any admlnlstratlve
fees and contlngency reserves required by PERS) exceed
the City's lnsurance premlum contrlbutlon (lIcapll). It lS
the lntent of the Clty, in the event of such problems
arlslng wl~h the PERS Flreflghter Plan, to permlt and to
facllltate the return of all Clty Flrefighter employees
covered by PERS to a medlcal lnsurance plan then
currently provided by the City to lts other employees, If
suc~ a return would not create a breach of the CltylS
?ERS contract.
The partles understand that COBRA participants who, prlor
to elect1ng COBRA coverage, were covered by plans
avallable to thlS bargalnlng unlt shall contlTIUe to be
covered by those plans, or by the successors to those
plans, and sald coverage shall be the flnanclal
responslD1llty of the COBRA particlpant
3 ~enta~ Ins~rance
~ental lnsurance coverage shall be provlded at no cost to
eMployees and the~r ellgible dependents provided that
ewployees covered hereln partlclpate ln the Clty-offered
dental :..nsurance programs
c V~sion Ins~rance
~he C~ty agrees to provlde V1Slon care lnsurance, at no
cost, to employees eovered hereunder. The Clty retains
the rlght to select the provlder and to set levels of
coverage for sald v~slon care insurance plan. The Clty
also retalns ~he rlght to change the provlder of said
V1Slon lnsurance plan and/or the level of beneflts
provlded under that plan wlthout ~eetlng and conferrlng
Re::.1 rement:
The C:.. ty 1S a contract member of the Public Employees r
Retlrement Sys~em (PE~S), and It lS understood and agreed
that such membershlp will be malntalned and that employee
ellg1b~11ty, c~asslflcatlon, contrlbutlons, and beneflts are
27
as prescribed in the contract between the Clty and the PERS
heretofore approved by the San~a Monlca City Counc~l.
Further, the Clty agrees to pay the employee I s normal
contributlon (9% of compensation earnable) to the ret1rement
system, and to malntaln the slngle highest year provlslon as
well as the w1dow/widowers and orphar-s clause.
Local 1109 shall have the option of electing to have each
employee covered hereunder pay hls/her own normal (1. e ,
employee) contr1butlon to PERS (9% of compensation earnable)
ln exchange for an lncrease to the employee's base salary
The employee's base salary would be increased by an a~ount
(l.e., percentage) less than nlne percent (9%). The amount
by WhlCh the nine percent would be reduced would be the
amount needed to cover any unfunded PERS liablllty or any
other lncreased costs 1ncurred by the City as a result of
implementlng this change. In other words, the change would
be lmplemented ln such a way as to result 1n no add1tlonal
cost to the City. If Local 1109 elects to implement thlS
optlon, the amount by which the employee's base salary would
be increased wlll be determlned through an actuarlal study
conducted by Wllllam M. Mercey, Inc.
Local 1109 shall notlfy the C~ty, in wrlt1ng, lf Local 1109
wlshes to lmplement the optlon deseribed ln the above
paragrap~. Upon complet1on of the actuarlal study by W1lllam
YJ. V;ercer, Inc , whlc~ wlll determlne the amount by WhlCh the
base salarles of e~ployees would be lDcreased ~n exchange for
e~ployees paY1ng ~~elr own (l.e , the employee) contr1butlon
to PERS, Local 1109 wll: ~ake a flnal declsion regarding the
lmplemen~atlon of ~hls optlon If Local 1109 should elect to
lmplement tU1S optlon, the change wlll be effectlve on a date
mutually agreed upon by the Clty and Loeal 1109
If not already provlded, followlng
agreement, the C~ty shall amend lts
prov1de the followlng benef~~s:
ratlflcation of thlS
contract w1th PERS to
1. Milltary Service Credlt as PubllC SerVlce {employee
pald) , as set forth In Sectlon 20930.3 of the Callfornla
Government Code.
2. Thlrd Level of 1959 Survlvor Beneflts as set forth In
Sec~lon 21573 of the Callfoyn1a Government Code.
Upon J..mplementation of T!urd Level of 1959 Survlvor
Benefl~s, each employee covered hereunder shall have one
28
dollar and flfty cents (S~.50J per month deducted froIT
hls/her paycheck to cover the addltional costs lncurred
by the Clty as a result of implementlng thlS PERS
benef2t In the event the mlscellaneous employees of the
City should obtalD thlS PERS benefit wlthout havlng to
either lncur a payroll deauct20n or exchange another
beneflt already provlded by the City for thlS benefit,
Local 1109 employees wlll no longer be required to pay
the nonthly deduct~on of $1.50.
3.03. Unifor~ Allowap-ce
Employees covered hereunder shall
malTItenance allowance of $40.00 per
July 1, 1997, i:he unlfoYfTl raalntenance
~ncreased :roIT $40 per month to $70 per
be pald
month.
allowance
month.
a uDlform
Effect-lve
shall be
The Cl~y agrees to furnlsh requlred safety equlpment, safety
pants and safety boots, as
the optlon of recelvlng two
of safe'::y boots and one
ox:::ords.
needed The employee shall have
palrs of safety boots QI o~e palr
palr 0: departmental approved
T~e C:.=y agrees to replace, as needed,
shlrt and 2 patches per employee per
work shlrt, a~ employee nay elect
T-shlrts
not more than one work
year In lleu of one
to recelve two (2)
The e~ployees w1ll wear the depart~ent approved unlform as
specl:::led In the ?lre Department Operatlons Manual.
3 O~ SlC~ Leave B~y Back PrograT
Ecnployees covered herelTI will have the optlon to receive
payoff for unused SlCK leave under the followlng condltlons:
A. De::.nltlons
( " ,
~ ..i. j
"Slck Leave Bank" or "Bank", shall mean slck leave
earned lD years prior to the Accrual Year
(2 )
"Accrual Yearll shall mean the flscal year lD WhlCh
Payable Slck ~eave lS earned.
29
(3) "payable Slck :Leavell shall mean that port2.o:1. of the
sick leave unused lTI thlS year's accruals
(4} "Base Hourly Rate" shall mean the hourly pay,
excludlng any spec1.al asslgnment or bonus pay,
which would have been effect~ve In the last. pay
perlod cf the Accraal Yea~ preced2.ng the effective
date of ~he negotiated lncrease for the nex~ flscal
year.
'J:; ,
',~ }
"Day" shall mean
employees and 8
employees
:2 hours for
hours for 40
Flye Suppression
hour per week
B. To be ellglble to recelve payoff an employee must have a
m1.:1.~mum Sick Leave Bank of twenty-two (22) days.
c. ~~ employee wlth the requlred Bank (and years of
serVlce as of the end of the Accrual Year) will be
ellgible to sell unused slck leave earned dur1ng an
Acc~ual Year accordlng to the followlng schedule:
Less than 10 Completed Years
of Serv~ce wlth Santa Monlca
10 or More ComDleted Years
Servlce wlth Santa Monica
=:Jays Us~d
Unused Days
Avallable for
c
6
Unused Days
Pay Davs Used Avallable for Pay
0 12
1 11
2 10
3 9
4 B
5 7
6 6
7 5
B 4
9 3
10 2
11 1
12 or more 0
5
2
4
<
~
~
5
6 or :Tiore
2
1
o
30
D. Payoff sha:l be ~adE at thE Base Hourly Rate
E. Slck leave for whlcn payor: lS recelved shall be
consldered "used" J..n that It w~ll not be added to the
Bank (or If added to the Bank pY10r to the payoff date,
shall be removed from the Bank) .
F. Each employee e~lgible for payoff wlll elect whether to
take payoff or to add the Payable SJ..ck Leave to the Bank.
The elect~on wlll be made prlor to June 30th of each
Accrual Year
G. Payoff for an Accrual Year will be avallable only to
those employees on the payroll July 1st of the followlng
Accrual Year, wlth the exceptlon that those employees who
retlre on a SerVlce Retlre~ent, or who are 1nvoluntarlly
separated due to lack of funds (layoff}, durlng the
Accrual Year shall be glven the opportunity to recelve
payoff on a p~o-rata basls Employees who separate from
City serv~ce other than by retirement or by layoff shall
not be ellglble for payoff
H. 1= ~s hereby mutually agreed that the slck leave accrual
rate shall be llmlted to
satlsfactory serVlce ThlS
employees of t~e bargalnl~g
whether or net the lndlvldual
payoff an~ually.
one day per month of
provlsion applies to all
un1t covered by this MOD
e~ployee elects to recelve
3 85 Deferred Compensatlon
== lS hereby agreed t~at employees covered hereln wlll be
offered participatlo~ ~r. the City's deferred compensat~on
plan
3 86 Xlle~ge Re~nbursement
Relmb~rsewent to e~ployees for authorlzed use of personal
automoblles on Clty DUSlness shall be at the rate establlshed
by the Clty Caunell.
31
3.07. Educa~ional Inc~ntive
An educatlonal lncentlve bonus is palO to employees In the
classiflcatlons of Flreflghter, Fire Englneer, F~re Captaln
and Battalion Chief, covered hereunder as follows
A. An employee shall be paid $100 per month as an
educatlonal ~ncentlve bonus for the comDletlon of certaln
speclfled co~rse work as follows
(1) sat1sfactory credlt for 60 college-level semester
unlts (or quarter unit equlvalents), at least IB of
which unlts shall be In !lre SClence. ThlS sectlon
shall only apply to those e~ployees who were
receivlng an educat~onal lncentlve prlor to July 1,
1988 or who by vlrtue of classes taken prlor to
July 1, 19B8 would have become ellglble on August
1, 2.988, or
(2) certlflcatlon as a Flreflghter II by the California
State Flre Marshal prlor to July 1, 1990
provlded that the followlng conditlon 18 met:
tbe e~ployee demonstrates that he/she lS worklng
eltner towards a degree from an accredlted college or
unlversity or towards a hlgher level State Flre
Marsh.al certlflcatlon (1 e., above Flreflghte~ II)
To meet thlS condlt:"O:l, the employee must subrrlt
d.ocumentatlo~ to the Personnel Department by no later
thar:. Ju::"y 31st of eaeh year Wh1Ch shows that the
employee has co~pleteo a~ least three (3) addltlonal
sePlester '..lnlts (or qllarter unlt equlvalents) at an
accredited college or unlversi~y lf worklng towards a
degree or one (1) additlonal course requlred for a
hlgner level Sta~e Flre Marshal cert1flcatlon (l.e ,
above Flreflghter II) :..f worklng towards a hlgher
level State Flre Marshal certlflcatlon.
B. An employee shall be pald $185 per month as an
educatlonal lDcentlve bonus for the completlon of certaln
speclf1ed course work as follows:
32
(1'; satlsfactory completlon of 12'0 college-level
semes~e~ unlts (or quarter equlvalents) at least 36
of whleh unl ts shall be In f:.re science Tr..1S
sectlon shall only apply co chose employees covered
hereunder who were recelvlng an educatlonal
lncen~lve prlor to July l, 198B or who by vl~tue of
classes taken prlor to July 1, 1988 would have
become eligible on August 1, 1988, and who
demonstrate that they are worklng towards a degree
from an accredlted college or unlverslty, o~
(2) an A.A or A.S Degree from an accredlted college
or unlverslty WhlCh lncludes at least 18 unlts in
flre SClence, or
(3) certlflcatlon as a Flre Offlcer by the Callfornla
State Flre Marshal.
c.
A.'l eP1ployee
educational
satlsfactory
shall be pald $300 per
lncentive bonus for the
cou~se work as follows.
month as
completlon
an
of
(l) a B~A~ or B.S. Degree from an accredlted colleae or
unlverslty wnlch lncludes at least 36 unlts in r1re
SClence, or
(2\ cert1:lcatlOn as a Flre Offlcer plus completlon of
elghteen (18) unlts of upper dlvlslon management
courses elther from a~ accredlted college or
UTI1Verslty or through the State Flre Marshal
progra~ plus the complecion of nlne (9) years of
serVlce wlch the Santa Monlca Flre Department, or
(3) certl:lcaclon as a Chlef Offlcer by the Callfornla
State Flre Marsha~
D_ Applicatlon fOT t~e educational incentlve for elther
flrst-tiwe ellglbles or those who become ellglble for a
hlgher level of educatlonal incentlve, accompanled by
eicher a report card, transcrlpt, or cert1flcate of
completlon by the ~ssulng agency, shall be made once all
of the req~lred course work has been completed and shall
be nade ef:ectlve wlth the flrst payroll perlod followlng
33
3.08
the date on whlch the requlred documentatlon has been
submltted to the Personnel Department
E The Personnel Department shall admlnister the educatlonal
incentlve benefit descrlbed hereln. The Personnel
Dlrector, or hlsfher deslgnee, shall make the final
determinatlon as to whether or not an employee covered by
thlS provislon quallfles for educatlonal incentlve and,
l f sald employee quallfles, the level of educational
lncentive ~e be recelved by that employee.
T~itlOTI RelmQursement
Those eTployees covered hereunder who quallfy for educational
lncentlve by vlrtue of 60 college-level semester unlts (or
quarter unl~ equlvalents) r 120 college-level semester unlts
(or quarter UTIlt equlvalents) or a Firef1ghter II
certificatlon 1ssued by the Callfornla State Flre Marshal
prlor to July 1, 1990 shall be ellglble to receive tUlt10n
relmbursement fer courses taken as a part of the condlt~on
set forth In Sectlon 3.07 (Educational Incentlve) WhlCh
requlres the employee to demonstrate that he/she lS working
e'::"ther ":.owards a degree from an accredlted college or
unlverslty or towards a hlgher level State Flre Marshal
certlflcatlo~. Each affected e~ployee wlll be requlred to
specify by no later t~an SepteTtDer 1, 1992 whlch degree or
certlflcate he/she wll~ be obtalnlng Only those courses
whlch pertal:-'. to the specifled edi.1cational goal wlll be
ellglble for tu.:tlon reimbursement Once the affected
enployee has obta.:ned ~he specl=.:ed educatlonal goal, he/she
w~ll no longer be e~iglble to recelve tUltlon relmbursement.
The fo:low~ng terms and condltlons shall apply.
A. The r-aXlmum annual aITount of tUltlon relmbursement per
~ndlvldual emp:oyee shall not exceed $500.00 per flscal
year (July 1 through June 30\. Relmburse~ent shall equal
the total cost of tUl':.lon (excluslve of lodglng and
meals) and the total cost of requlred study materlals.
B Enrollmer.~ In a ceuyse shall be approved In advance by
t.he Persor.ne 1 Department to ensure that the course
q~a~l~les for tUltlon reimbursement.
34
C. RelIT.bursement shall be made only in ~nstallments upon
successful completlon of prescr~bed un~ts of study
requlred by approved study course
D. In no event shall the City' s relmbursement be reduced
when there lS an outside source of aid except In those
cases where the a~d from the ou~s~de source(s) plus the
normal C1ty relmbursemer.t exceeds the cost of tUltlon and
study materlal for the approved study course
3.09. Fll~lno/Stand-bv ASSlonments
- -
Personnel who volunteer to work fllmlngjstand-by asslgnments
shall be entltled to recelve compensatlon for a minimum of
8 hours at the followlng rates of pay:
A. For the flrst 8 hours - Hourly rate shall be equal to 1%
0:: the gross monthly salary for IIE1I step Fireflghter.
B _ For the 9th through 12th hour - Hourly rate shall be
equal to 1-:"/2% of the gross \l1onthly salary for liE" step
Flreflghters
C. For all hours ~n excess of 12 hours - Hourly rate shall
De eOlia2. t.o 2% of the gross monthly salary for "E" step
?:..Ye:lgh-:.e~
35
ARTICLE IV. LEAVES
4.01
Pald HolJ,days
Employees covered herein shall receJ. ve twelve (12) pald
holldaY8 as follows:
A Employees assigned to Suppresslon shall recelve:
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
T~anksglvlng Day
25th of December
Employees a8slgned to Suppresslon shall recelve 1 day (12
hours pay) for each hollday, whether on-duty or off-duty,
or shall be entltled t.o IIfloat" sald 12-hour day for use
at the employee's dlscrerlon, provlded 1) said use 18
w~thln the flscal year ln WhlCh it 18 accrued, and 2) 72
ho~r notlce 18 glven to the on-duty Battallon Chlef. If
"f::"oa::.ed II days are no':. used pY10r to the end of the
f~scal year, ~he employee shall be paJ.d the cash value
for sald floated ho2..ld.ay segments at the end of the
::lscal year
Bo
Smployees asslgned to an admlnlstratl ve
weekl poslt~on shall recelve as paid
followlng:
(40-hour work
holldays the
1st of January
3rd Monday of Jar.uary
12th of February
3rd Monday of February
4th Monday 0:: May
4th 0: July
1st Monday of September
36
Thanksglvlng Day
The Frlday followlng Thanksglvlng
The half (1/2) day immediately preced1ng Chrlstmas
25th of December
The half {1/2} day immedlately precedlng New Year's
One floatlng hollday (to be used at the employee's
dlscretlon} .
A..T1Y eIT'ployee who lS regularly asslgned to an
admlnlstratlve (40-hour work week) posltlon shall recelve
a hollday adJustment bonus equal to flve percent (5%) of
the employee's base salary. ThlS adJustment lS pald to
the employee to compensate the employee for not belng
ellglble co recelve floatlng holldays whlch can be cashed
out at: the end of the year. Temporary or occasional
asslgnment to such duty of less ~han thlrty (30) days
QUratlon shall not constltute regular asslgnment wlthln
the meanlng of thls sectlon. Durlng temporary or
occaslonal asslgnment to an admlnlstratlve (40-hour work
week) posltlon, an employee regularly asslgned to Flre
Suppresslon shall not be deprlved of the benefits
accrulng as a Flre Supp~esslon employee
4 02 Vacat:..cn
Each enployee OccupYlng a regularly authorized :ull- time
pcsltlon or a perTanen~ and contlnulng part-tl~e posltlon In
ar.y Job claSSlflcatlon covered hereln snaIl accrue vacatlon
leave wlth pay on t~e foilowlng baS18. "Day~ 1.8 deflned 1n
Sect~on 3 O~ A of thlS MOG.
A
?ollowlng complet:..on
CO~~lnuous serVlce, 6
of ~he
days
flrst
SlX
months
of
E. Thereafter, up to a~d lncludlng 5 completed years of
service, 1 day for each eomoleted calendar month of
serV1.ce
,...
'-'
Thereafter, up to and lncludlng 10 completed years of
serVlce, 1 25 days for each completed calendar month
of serVlce
37
1 58
days
up to and lncluding 15 years of serVlce,
for each completed calendar month of
D.
Thereafter,
servl.ce.
E. Upon completion or 15 years of serVlce and thereafter,
1 75 days for each completed calendar month of
service.
F The l::..mltatlons on the accumulation, proportionate
accumulatlon, schedullng and paywent for such leave
shall be as prescrlbed in the clvl.l service provlsions
of the Santa ~o~ica Munlclpal Code.
4.03. Slck Leave
A. Slck leave shall be deflned as In Sectlon 2.04 570 of the
Santa Monlca Munlclpal Code hereby lncorporated as lf set
forth In full herelnl except as follows:
Slck leave shall be def::..ned as absence from duty because
of the employee1s l:l~ess or off-the-]ob lnJury, exposure
of ~he eMployee to contagious dlsease as eVldenced by
certlflcation from an accepted ~edlcal authorlty, wedlcal
or dental appolntments of the employee or the employee's
dependent chlldren WhlCh could not be scheduled durlng
no~-work hours, wlth proper advance notificatlon to the
Department Head, or lllness or lnJury of any ~ewber of
tte ewployeets household.
~.04. Leave of Absence Wlthout Pay
S~C~ leave shall be governed by Santa MOTIlCa Munlclpal Code
Sectlon 2.04.590 whlch lS sum~ar1zed as: An employee may be
grantee. a leave of abser:ce w::..tho\.lt pay upon application
approved by the Department Head and the Clty Manager. Such
:eave may not exceed one year Upon exp~ration of the leave,
the employee shall be relnstated to the pos1tlon held before
the leave was granted Such leave shall be granted only lr:
those cases where an errployee's record of serVlce and
quallflcatlons rrake :.t deslrable for the City to retaln
h1s/her serVlces even at the cost of some inconvenlence to
':.!:.e Clty
38
.:;, 05. Jury Dl,lty
Errployees covered hereln, when duly called to serve on any
JUry and when unable ~o be excused therefrom, shall recelve
the1r regular base compensation less all Jury fees rece~ved
excluding mlleage for the t~me requlred to be spent ln court
provlded that an lnd1v1dual employee wlll be so pald for Jury
serVlce only once every three (3) years and shall make every
effort to cooperate with any request by the Departwent Head
to request a delay in Jury serVlce to accommodate lmportant
department work ln progress Each employee recel vlng a
notice to report for Jury serVlce shall lmmedlately notlfy
h1s/her l~medlate supervlsor.
Employees reportlng for Jury serVlce shall be placed on a 40
hour per week sched~le. If the employee was on a suppresslon
asslgnment, the Jury duty wlll not be considered an
admlnistrative asslgnment, nor would employees regularly on
flre preventlon recelve an admlnlstratlve bonus unless they
nad prevlously been on admlnlstratlve asslgnment.
Whenever dally Jury duty schedul1ng permlts, employees shall
return ::'0 t::.elr regular dally Job asslgnment to complet.e
t~elr reg~lar da~ly work hours
L ",..
... . \.1- ':) ..
Ml::":::..tarv Leave
?-Illltary leave shall be admu"lstered In accordance wlth
appllcable Federal/S~ate codes, ordlnances, and laws.
4 07 Wcr~ersl COTDensatLon Leave
Workers 1 compensatlon leave shall be in accordance with
appllcable Callfcrnla S::.a~e Law.
~ C8
Bereavement Leave
?or employees regularly asslgned to an adminlstrative (40-
Lour work week) posltlon, bereavement leave of noc ~ore than
flve (S) worklng days wlth pay shall be provided. For
employees regularly asslgned to a Flre Suppression positlon,
bereavemen::. leave of not ~ore tnan SlX (6) worklng days shall
be prcvlded Bereavement leave wlll be provlded absence from
duty due to the death of a me~ber of the employee's
39
family or the employee's household For the purposes of thlS
sectlon, "fam1ly" shall lnclude spouse, child, brother,
slster, parent, parent-~n-law, son-ln-law, daughter-ln-law,
step-parent, step-brothe~, step-slster, grandparent,
grandchild, spouse of Chlld, spouse of step-ch1ld, step-
parent of spouse, uncle, aunt, nlece and nephew.
Bereavement leave lS not a part of slck leave and no
reductlo~ of accu~ulated slck leave shall be made for the use
of Bereavement ~eave
4 09. Parental Leave
Employees who demonstrate that they have prlmary
responslblli ty for the care of a new child who requires
constant parental supervislon shall be entitled to a leave
of absence torallng four (4) months lmmediately followlng the
child's birth or adoptlon and shall be returned to the same
:-;OD clasSlflcatlon occupled pY10r to the leave upon ltS
explratlon Pald vacatlo~ leave or sick leave, l!
appl~cable, as well as unpald leave shall be counted toward
the four (4) month total. Pald slck leave can be used only
lf ~he requlrements of Sect10n 2.04.570 (Sick Leave) of the
Sar-ta Monlca ~uniclpal Code are meL. Addltlonal leave may
be requested under the provlslons of thlS MOD governing
leaves 0= absence wlthout pay (Section 4 04)
PrlToary Yesponslblllty may be establlshed by prcvlding
doc~nentatlon that the employeets spouse lS medlcally
1ncapacl tated, or tha~ the spouse 1S gainfully employed
durlDg the hours t~e employee lS normally scheduled to work
and no sched~le change for the employee or spouse lS
posslblej or by aemonstratlng other extraordlnary
Clrcumstances such as the adoptlon of a dlsabled child who
requlres cons~ant parental superV1Slon.
Maternlty leave lS not the same as parental leave and shall
be aamln1stered in accordance wlth State and Federal law
4.10. Faw1ly ~eave
The C~ty hereby agrees to lmple~ent fanily and medlcal leave
1~ accordance wit~ the Callfornia Family Rlghts Act (CFRA)
acd the Federal Fa~lly and Medlcal Leave Act (FMLA) for all
employees covered here~n. These statutes shall supersede and
40
be ~mplemented :.c lleu of any contract language or Ci~y
pollcy/pract~ce wh1ch provldes a lesser benefit.
Before the lssuance of any adml~1strative
pertalnlng to leave under the CFRA or FMLA, the
to dlscharge its meet and confer obllgat10n w1th
41
regulatlons
Clty agrees
Local 1109
AP.TICLE V
WORKING CONDITIONS
5.01. Safe1:v
The Clty shall provide safe, clean, and healthy Clty
facilltles in accordance wlth appllcable Federal, State, and
local laws and regulatlons The employee organlzation agrees
that where safety devlces o~ lterrs of pro~ectlve equipment
are requlred o~ furnlshed, their use shall be mandatory.
Further, Local 1109 and the management of the Flre Department
shall meet on a quarterly basis to dlSCUSS safety or
equlpment lssues or concerns.
Both partles to thlS Agreement agree to fully support the
City I s Risk Control Policy _ Said polley sets forth the
city's commitment ::0 mallltalnlllg a safe and healthy work
envl~onment, to preventlng accldents and lnJuries and
ITtlllUrlZl::1g rlsk and loss wherever posslble. Said policy
o~tllnes the safety responslbllltles of the Clty, City
~anagers and 5upervlsors, and City employees. Further, it
sha:: be the obllgatlcn of employee(s) covered hereunder to
lmmeci:.ately report to h.:.s/her immedlate superVlsor any
worklr-g condltlon that appears to be unsafe to the
emp::'oyee (s} .
The Cl~y wlll provlce, at no cost to the employee, Eepatitis
11 B II .:.nocula::'lons for all errployees covered hereunder.
5.02. CQr-stant Stafflnq
The term "constant stafflng" shaLl. mean ::.he number of
persoD:lel asslgned to a p::"ac:oo:J. :::t lS agreed that the
c~rrent eonstant staff.:.ng program shall be a 29 person per
sh~=~ mllllmUT and a 31 person per Shlft maximum stafflng
level Eowever, the Clty, :.n anclcipatloll of vacanCles, may
hlre 3 addltlcnal flre personnel to flll antlclpated
vacanCles for a perlod not to exceed four (4) months pr10r
to such vacancy actually occurrlug, unless such tlme limit
15 speclflcally walvec by ~ocal 1109.
It lS hereby further agreed teat when the stafflng strength
of a platoon lS reduced below the current mlnlmum stafflng
42
level of twenty-nlne (29) and sald vacancy lS Malntalned for
more than a Slxty (60)day perlod, lt lS expressly agreed that
the employee filling sald vacancy shall be pald oven:lme
exceptlng that the C1ty lS hereby glven the rlght to declare
an lnablll ty to flll sald vacancy. In the event. the Clty
declares an lnab~llty to flll sald vacancy, untll such tlme
as the Clty fllls sald vacancy, the then current mlnlffiurn
stafflng strength for sald platoon shall be reduced to
account for sald vacancy or vacancies.
5 03 Mandatorv ?hvslcal Fitness
One and one-half hours per day shall be provided for Flre
Suppresslon personnel for cardlovascular condltioning,
fleXlblllty exerClses, and strength condltlon1ng Such hours
shall be scheduled at the dlscretlon of the company
commander.
5.04 ?ara~edic Certlficatlcn & Selectlon Process
It ~s agreed that the followlng procedure will be used for
selectlng Members to attend paramedic tralnlng:
A The candldate must pass the Los Angeles Co~nty Department
of Eealth SerVlces' ParaMedlc School pre-test. A pasSlng
SC8re wlll be deterrrlned by the Personnel Department
uSlng apprcprlate testlng procedures and gUldellnes.
B. All candldates who pass the pre-test lD II A" above will
then partlcipate i~ a competltlve examlnatlon and
selectlon process developed and adm:.nlstered by the
?ersonnel Department ThlS examlnatlon and selectlon
process may lnc~ude any, or all, of the followlng
factors wrltten examlnatlon, oral examinatlonj
promotabllity
r Based on the results of the exarrlnatlon and selectlon
process outllned ln "B" above, the Personnel Department
wlll develop an ellg:'Dlllty llst. ThlS ellglbility llst
wlll be good for two (2) years provldlng that at least
three names rerraln on the 11st If the llSt should
becone exhausted (l.e., fewer than three names remaln on
t~e Ilst), a new ellgiblllty IlSt will be developed in
43
accordance wlth the procedure outllneo u: "A" and liB II
above. Whenever a cand~date ~s to be selected to attend
paramedlc training, the Personnel Department w~ll cert~fy
the top three (3) names froIT the el~g~bll~ty IlSt to the
Fire Chief, who will then make a selection from among
chose three names.
D. Wlth the e~fect~ve date of thlS MOD, any and all eXlsting
ellg1bility 11S1:S wlll be deemed exhausted and the
procedure outllned in "An, liB" and "C" above wlll apply.
5 05. Effect Qt Job Performance on Salarv
The City Manager, 1n exceptlonal cases, based upon speciflc
appralsal of the lmportance and dlfficulty of the work and
the experlence and ability of the person to be employed, or
of the lncumbent, may authorlze entrance salaries hlgher than
~he minimu~, and speclal lncreases above the amount
p~escrlbed ~n the salary schedule for the class and length
of serVlce of the :'TIcumbent. In no event, however, shall the
ra~e exceed the max~nun rate for that class
Notwlthstanding any provision conta1ned hereln, there wlll
be no lncrease ln wages of any klnd as a result of a NOT
ACCEPTABL.E ratlng on the errployee I S prescrlbed perlodlc
performance ratlng. There wlll be no subsequent lncreases
1n wages ~nt1l che NOT ACCEPTABLE ratlng has been improved
to at least the SATISFACTORY level If performance is rated
NOT ACCEPTABL~ an eMployee may be dis~lssed from serVlce, and
lf two consecutlve perfornance ratlngs are marked NOT
ACCE?TA3LE, eQployee shall be dlsffilssed by appolntlng
al.A.t:t.ority fer l:lef::lclency (SMCC Sectlon 2 04.490). Any
ratlng In the BELOW SAT~SFACTO~Y category may delay the next
scheduled salary lDcrease at the dlscretion of the appclntlng
autnor1cy. Such act10n shall remalI: In effect untll the
ratlng has been lmproved to at least a SATISFACTORY level.
.... 06
Wa$:t.lng Machlnes
It lS agreed that the ClCY wlll provlde, for the safety of
the meP1.bers 0:: :'ocal 1109 I washlng mach1nes and clothes
dryers 1n all Flre Stat1ons, for the sole purpose 0= cleanlng
safecy clothlng, un~forP1.s and departmeEt equ~pment sOlled and
cQhtamlr.ated at emergency lncldents.
44
5.07. ~o Srooklng ReqVlrement
Any employee hlred O~ or after July 1, 1990 shall be
restricted from swoklng or chewing tobacco both on duty and
off duty. ThlS provision will be malntalned throughout sald
employee's te~ure wlth the Santa Monlca Flre Department as
a condltlon of employment.
All employees who currently habltually smoke or chew tobacco
may enroll in a non-smoking cllnlc designated by the Clty,
at the Clty'S expense As soon as any such employee has
demonstrated to the Clty that he/she has not smoked or chewed
tobacco for the pas;::. s:..x (6) months, that employee will
receive a one-tlme only bonus :..n the sum of $250 00. At such
tlme ~hat all such employees quallfy for that bonus, and
prov::-ded that no employee :Ln the unl t has resumed or
commenced smoklng or chewlng tobacco, each employee covered
by thlS Agreement who has not already received a bonus
pursuant to th:.s Sectlon shall receive a one-tlme only bonus
in the forn of a cash payment of $250.00.
Wlth respect te this sectlon, the partles agree to meet and
co~fer ln the event of any legal challenge to any prOV1Slon
~~der thlS sectlen wlth respect to the defense of Local 1109
or of any offlcer or member named ln such legal challenge
~ 08. ETp10yee Park:..ng
I~ lS hereby agreed that the Clry wlll make every effort to
malnta:..n free parklng as lt presently exists for Clty
employees at C:..ty =ac~ll~les If lt should become necessary
for employees covered by thlS Agreement to comply wlth a~y
local, State or Federa~ requlrements regardlng transportatlon
managemem:, the City can lnplement whatever actlons are
requlred. Eowever, ln no event shall the Clty lmplement any
actlO~S pertal~lDg to charg:..ng for parklng wlthout meetlng
and conferrlng w~~h Local 1109 s~ould any employee(s)
represented by Local :109 be subJect to such a charge.
...J 09
Promotlor.al Examlnatlons
The prov:'Slons of Sectlon 2.04.250 of
M~nlclpa: Code (Competltlve Examinatlons)
the Sant.a Monlca
shall apply to all
45
promotlonal examlna~lons ad~lnlste~ed by the Clty for Job
classlflcatlons represented by Local 1109 wlth the followlng
exceptlon: promotability shall no~ be used as a ratlng faccor
fo~ sald promotlonal examlna~ions, wlth no credit glven for
promotabll1ty.
46
ARTICLE VI
EM?~OYER/EMPLOYEE ~E~ATIONS
6.01. Payroll Deductions
It lS mutually understood and agreed that the City wlll,
subJect to the provls1ons of Ordlnance 801 (CCS) and durlng
the terro of th1S MOD, deduct monthly and remlt to the offlce
or offlcer designat.ed ln the employee payroll deduction
authorlzatlon recognlzed employee organlzatlon dues, cred1t
unlOr. lDvestments or payments, healt.h and hospltalizatlon
insurance premlums, and l~fe and acc~dent lnsurance premlums.
Any or all of such payroll deductions are subJect to
terMlnatlon by the C1ty Manager upon 24 hours notlce for
fallure by Local 1109 to comply w1th the provlslons of th1S
MOD.
6 02 Reasonable Notice
It ~s mut.ually agreed that Local 1109 shall recelve at its
place of Duslness a copy (v1a lncerclty mail) of the Clty
Councll and/or Personnel Board agenda for each meetlng.
Local 1109 s~al: nC~lfy the C1ty as to the buslness address
to which such not1flcatlons should be sent Further, It 15
uLderstood that sald notlflcatlon shall be concurrent with
~he not~f1catlon prov1ded the Personnel Board and Clty
Councll members.
6.03. Gr1evarrce!ConJla~n~ Policy
A grlevance 18 a complalnt by o~e or more employees covered
by thlS MOD or by the Santa Monica Flreflghters ASSOclatlon
cC:1ceYI:nng tne appllcatlon or 1nt.erpretat1on of the MOD,
ordlnances, resolutlcns, pol1cles, practices or procedures
affect1ng the employee's wages, hours and/or worklng
condl~lons ThlS grlevance and compla1Dt POllCY does not
apply to suspenSIons, def'1ot~ons, and removals WhlCh are
subJect to the procedures outllned ln Sectlon 2.04 750 et
sea. of the Santa Monlca Munlcipal Code and whlch ~U5t be
pursued by the aggrleved employee(s). ThlS gr1evance and
ccmplal~t PO:lCY also does not apply to protest of
perforrra~ce eva:uatlons whlch are subJect to the procedures
outll~ed In SeCClon 2.04.480 of the Santa Monlca Munlclpal
Code ane WhlCh ~ust be pursued by the aggrleved employee(s)
47
A. The aggrleved employee(s; shall roeet wlth the ~mmedlate
superv~sor regardlng the grlevance, wh1ch must be stated
ln wrltlng on Form F-1C, speclflcally cltlng the MOD,
ordlnance, resolut~on, rule, POllCY, practlce OY
procedure that lS the subJect of the gr1evance and che
Clrcumstances glvlng rlse to the grlevance
B. If tr_e gr~evance is not resolved by the end of the
employee's thlrd {3rd) regularly scheduled Shlft
followlng the shlft on WhlCh presentatlon of the
grlevance to the lmmedlate supervisor occurred, the
employee may, w1thin f~ve (5} regularly scheduled shifts
thereaft.er, appeal to the second level superVlsor, if
any, uSlng Form F-10.
C. If the grlevance is not resolved by the end of the
e~ployeels third {3rd} regularly scheduled Shlft
~ollowing presentat.lon to the second level supervisor, lf
any, the employee may wlthin flve (5) regularly scheduled
Shlfts thereafter, appeal to the Flre Chief US1Dg Porro F-
10 The ?lre Chlef shall meet with the employee and the
errployee r s representatl ve to at tempt to resolve the
grlevance.
D If the grievance lS net resolved by the end of the
enployee's ~ent~ (lOch) regularly scheduled Shlft
fo::"loWlr:g preser:tat::..on o~ the Form F-10 to the Fire
Chlef, ~he errployee nay, wlthlD :lve (5) regularly
schedu2.ec. sh:.fts thereafter f appeal to the Personnel
Dlrector, who wlll lDvestlgate the gYleVanCe and make
reco~Menda~lons to the C::..~y Manager, whose decision shall
be flnal. The declslon of the Clty Manager shall be
lssued no later than the end of the employee's tenth
(lOth) regularly seheduled shlft, after the fillng of
appeal wlth the ?ersonnel Dlrector.
E For the purposes of tnls grlevance procedure, 11 Shlft"
shal~ mean the regular~y scheduled twenty-four (24) hour
work perlod for Flre Suppress10n personnel and the
regularly scheduled work day for personne~ not asslgned
to the fifty-s~x (56) hour work week.
4B
All tlme perl ods In thlS sectlon
mutual consent of the employee
representatlve lnvolved.
may be ex-::ended by
and the managemen~
G. A grlevance shall be consldered untlmely lf not presented
by the employee or the Assoclatlon within 30 days of ~he
lncident glvlng rise to the grlevance or wlthl~ 30 days
of lts effect upon the employee ln those lnstances where
lt lS shown that the employee cou~d not reasonably have
known of the grlevable actlon
H. Employees shall have t.he rlght to be represented ln
grlevance matters In the followlng manner
(:) Employees shall have the right to represent
themselves lndlvldually ln grlevance matters.
(2) Employees may deslgnate a menber of the Department
to represent them in grievance matters at steps one
(A) and two (B) of the grlevance process.
(3) Employees may deslgnate a departmental or legal
representatlve to represent them In steps three (C)
and four (D} of the procedure.
(4 )
No SUDe~Vlsors
matters by one
shall be represented ln grievance
of thelr subordlnate employees.
(:;) No employees sha::"l be represented lD grlevance
matters by thelr sunerVlsors.
I. An e~ployee who ~as lnitlated a grlevance, or asslsted
another employee ln lnl~latlng and/or processlng a
grlevance, sha:l ~ot In any way be coerced, lntlmldated
or dlscrlmlnated agalDst
J. Grlevances lTIlt1ated by Local 1109 shall be submltted
dlrectly to the Flre Chlef wlth1n thlrty (30) calendar
days fo11owlng the lnc~dent g~v~ng rlse to the grlevance
or wlthln thlrty (30) calendar days from the date on
wh~ch Local 1109 co~ld reasonably have become aware of
sald lr..cldent The Flre Chlef shall respond to the
grlevance wlthl~ ten (10) work days. Upon recelpt of the
49
.
Flre Chlef' s response, Local 1109 can appeal to the
Director of Personnel Withln fifteen (15) work days of
recelpt of the grlevance, the Dlrector of Personne~ shall
lnvestlgate the grlevance and make recommendatlons to the
Clty Manager, whose declsion shall be final The
declslon of the Clty Manager shall be 1ssued no later
than the end of ten (10) work days following receipt of
the Dlrector of Personnel's recommendatlons. Work day as
used In thlS provlsion lS deflned as the work day
asslgned to forty (40) hour per week personnel
6.04. Dlsabilltv Retlrement Dlspute Resolutlon Procedure
A.
When a safety ~ember of the Retlrement System applles for
a dlsability retlrement, and the Board of AdmlTIlstration
("Board") of the Public Employees I Retlrement System
(" PERS") requests the city to determlne whether the
appllcant is lncapacitated for the performance of duty,
the Cl ty shall promptly perform all acts necessary,
lTIcludlng the conduct of a medlcal examinatlon, to
determlne whether the appllcant lS lncapacltated for the
performance of duty. The determlnatlon of the Clty shall
lnclude an explanatlon of the basls for that declslon.
If the C1ty has not made that determlnatlon wlthln 1BO
calendar days from the date of the Board's request, lt
shall De deemed to have deternlned that the applleant is
lncapac~tated for the perfor~ance of duty.
B.
As soon as the Clty has made ltS determlnation, lt shall
nO~lfy the employee ~n wri=lng This notlce, as well as
al: othe~ not~ces requlred by thlS procedure, shall be
sent to the eMployee's ho~e address wlth a copy to hlS or
her legal representatlve, lf any The notlficatlon shall
be accompanied by a copy of this Disablllty Retlrement
Dlspute Resolutlon Procedure
,..,
'--
The employee may chal~e~ge that determinatlon, or any
related deelslon by the Clty regardlng his/her
dlsability retlrement or its effectlve date, by
submittlng to the Clty Manager a wrltten request for a
hearlng ThlS request must be submltted withlD thlrty
(30) calendar days from serVlce of the not~ce that lS the
subJec~ of the request :or a hearlng If the employee
50
falls to submlt such a wrltten request wlthln the
prescrlbed ':.lme llmlt, the determlnatlon of the Clty
shall become flnal and no longer subJect to appeal.
D. If the employee s~bmlts a tlmely wrltten request for a
hearing, the matte~ shall be referred to the Offlce of
Ad~lnistratlve Hearlngs so that a hearlng wlll be
conducted by an Admlnlstratlve Law Judge from that offlce
lD accordance wlth the provisions of Section 11500, ~
set;!. of the Callfornla Government Code, (the
Admlnistratlve Procedure Act) However, lt shall not be
necessary for the Clty to prepare a Formal Accusatlon or
Statement of Issues, or for the employee to flle a Notlce
of Defense, as ldentl::led ln that Act. Instead, the
co~municatlons descrlbed above shall replace those ltems.
Howevey, all dlscovery rlghts described in the Act shall
be avallable to the parties, the hearlng shall be
conducted In accordance w:.th the provislons of Section
11513 of the Californla Government Code; the resultlng
declsloL shall be as speclfled ln the Act; and all time
llMlts prescr:.bed lil the Ace shall be applicable
E T~e Cl~Y sha:l have the burden of proof that ~ts dec~s~on
should be upheld.
F" ~l:e employee shall be ent~tled tc. a representat:.ve of
hls/her cnolce In the hearlng. The cost of such
representatlon shall be borne by the employee.
G Where testlffiony of Clty employees lS lnvolved, at least
seven calenday days advance notlce shall be given to the
Depart!J1em:: Eeaci. so ':.hat work asslgnments may be made
aceordlngly Wherever practlcable, Clty employees needed
as w1tnesses sha::'l be placed 0:1 an on-call baS1S and
compensated at thelr regu::'ar ra~es of pay of tlwe spent
ln the hearlng.
H The declslon of the Admln1strat:ive Law Judge shall be
flnal, subJect t.o ]Ud:'clal reVlew commenced by the
eITployee In accordance wlth the provlslons of Sectlon
11523 of the Callfornla Government Code
51
6.05. Tl~e Off for Unlon 3us~ness
It lS hereby agreed that durlng the term of thlS Agreemen~
a maX1IDum of 288 hours each flscal year wlll be allowed (at
full pay and oeneflts) for use by any Local 1109
representative that may require time off for any
responsibillt~es asscclated wlth employee representatlon.
Accou~ting of sald tlme shall be the responsibillty of and
mal~talned by the offlce of the Fire Chlef.
Menbers of Local ~109 shall be permitted to attend general
membership meetlngs, and the CIty wlll contlnue to provlde
a faclllty agreeable to both partles and of app~oprlate size
for general merrbershIp ITeetlngs whlle members are on-duty.
It .lS agreed and understood that for the term of thlS
agree~ent the Santa Monlca F~re Department wlll provlde space
a~ cne of ~he ~ire Sta~lons where Local 1109 can malntaln i~s
offlces.
52
IN WITNESS ~~~EREOF,
of Ur.derstanding to
A.1./l 'f e
. ... tj
trre parties hereto have caused'thls Meworandu~
be executed thlS daLe:
, 1997
By
SANTA MONICA FIREFIGHTERS
LOCAL NO. 1109 IAFF
G~a,~s~
----
( ,
~
~
--
.-
{
"-I
Dan Mat~hi€s, Vlce President
~ " /. ~J
" . t
. .Jia~r . U~
R~chard Kramer, Board of Dlrecors
CITY OF SANTA MONICA
~?L
0~.n Jal~ll, Clty Manage~
~ : ::''=:-::=1...X
~-~
Steve Wells, Board of Dlrectors
i2/A 0 ~
Di~k, B~Y::;;N?/
17,/VV?/LJ{ 1/- v (tV
K P-'h 11 BoVard of D'r_ec~L-ors
en o_.~ , ....
APPROVED AS TO FORM:
Ik.tLDi'_~---LL1u JI/LCU~
M~rsha Jones/Moutrie
'----
Clty Attorney
Attest.
~" ~
"'--~I....L(_ :,-.L
Clty Clerk
_~ J.
- .~~~~~\
..., '--
53