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City Council Meeting: February 23, 2010
Agenda Item: 1G
To: Mayor and City Council
From: Donna C. Peter, Director of Human Resources
Subject: Amendment to the Memorandum of Understanding with the Santa Monica
Firefighters, Local 1109
Recommended Action
Staff recommends that Council adopt the attached Resolution authorizing the .City
Manager to execute an amendment to the Memorandum of Understanding (MOU)
between the City of Santa Monica and the Santa Monica Firefighters Local 1109 (the
Union) changing the process by which employees who perform work as Fire Safety
Officers are paid through the City's payroll system and adding language to the MOU
that clarifies past practice regarding the appropriate salary step at which promoted
employees are to be placed.
Executive Summary
The current MOU between the City of Santa Monica and the Santa Monica Firefighters
Local 1109 is not due to expire until June 30, 2010. Recently, two issues have arisen
which are not addressed in the current MOU that needed to be resolved prior to the time
the current MOU expires. City staff has met and conferred with the Union regarding
these issues and an agreement has been tentatively reached by the parties. In order to
ensure a clear understanding of the terms of the discussion, the attached resolution
authorizes the City Manager to add clarifying language to the current MOU regarding
these two issues. There is no additional fiscal impact to this change.
Background
Certain events and activities conducted within the City require, as a condition of holding
the event, that fire safety personnel be assigned to the location to enforce the uniform
fire code and perform other fire and life safety functions. Examples of these events
include filming shot on location throughout the City and other large scale events such as
the recent Cirque de Soliel. Sworn Fire Safety personnel are assigned to these evehts
as Fire Safety Officers. Historically, the costs associated with staffing these events are
paid by the event organizer or contractor directly to the individual assigned to the event.
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These personnel are existing sworn fire department personnel acting under the
authority of the City and performing the work while in a City uniform. Having these
personnel compensated as independent contractors .paid directly by the event
organizers can blur the employment relationship and has a potential impact on workers'
compensation, general liability, payroll taxes, and employment relations.
The second issue addressed by the proposed amendment to the existing MOU between
the City and the Fire Union concerns the appropriate salary step at which promoted
employees are to be placed. The City's practice for supervisory classifications across
the various bargaining groups has been that when an employee is promoted he/she
shall be placed at a salary step that provides minimum compensation of at least 5%
above the highest paid subordinate ,that the promoted employee supervises not to
exceed the top step of the salary range. The language in the current Fire MOU does
not specify that minimum 5% differential although that has been the past practice.
Current contract language and adjustments made to the salary ranges in the previous
MOU could result in a promoted employee receiving less than 5% above the highest
paid subordinate. This became evident with recent Fire Captain promotions.
Discussion
The proposed MOU amendment regarding compensation of employees performing fire
safety officer functions would result in these employees being paid directly through the
City's payroll system instead of being paid as independent contractors by the event
organizer. Employees in these assignments would be compensated consistent with
existing pay practices and would receive the same rate of pay as they currently receive
from the event organizers (a rate which is already set by the City). Event organizers
would still be responsible for these costs through a reimbursement under their contract
or event permit issued by the City. This change is consistent with how event organizers
and permitt holders are charged by the City for other required services such as those
provided by the Police Department.
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The second part of the proposed amendment to the MOU relates to the salary step at
which a promoted employee is placed. The amendment provides that a promoted
employee's salary shall be at a step in the salary range that. provides a minimum of 5%
differential above the highest paid subordinate employee not to exceed the established
top step in the salary range. As stated above, this is consistent with the established
practice and is consistent with the language in other MOUs for supervisory
classifications in the various bargaining units.
Financial Impacts & Budget Actions
There is no significant fiscal impact for these changes. The costs associated with
personnel assigned to perform fire safety officer functions would be reimbursed to the
City by the event organizer or contractor in an amount that is the same as the event
organizer or contractor would have paid directly to the assigned employee. There is no
additional cost for the assigned personnel. This change is also consistent with how the
City is reimbursed for other costs associated with these types of permitted or contracted
events. There is potential for a nominal fiscal impact for the MOU amendment that
relates to promotional salary steps. However, any nominal cost can be absorbed within
the Fire Department budget as there are adequate funds already included in the
department's budgeted salaries.
Prepared by: Michael A. Earl, Human Resources Manager
Approved:
Forwarded to Council:
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Donna C. Peter Rod Gould
Director of Human Resources City Manager
Attachments:
A. Resolution Amending the SMFF Local 1109 MOU
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Reference Resolution No.
10458 (CCS).