R-9138
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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
Ordrnance No. 801 (CCS) and have reached agreement on wages, hours and other
terms and conditions of employment, and
WHEREAS, Section 2.06 of Ordrnance No 801 ICCS) of the City of
Santa Monica requires preparation of a written Memorandum of Understandrng
between the admrnlstratlon and employees If an agreement can be reached; and
WHEREAS, Section 2 06 of Ordrnance No. 801 ICCS) further provides
that any such Memorandum of Understandrng shall not be brndrng unless and until
presented to the governrng body for determrnatlon, and
WHEREAS, the purpose of the Memorandum of Understandrng IS to
promote and provide harmonIous relations, cooperation, and understandrng between
the City and the Santa MOnica Firefighters Local 1109 IAFF;
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NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOllOWS:
Section 1 The City Council of the City of Santa MOnica does hereby
approve and authorize the City Manager to execute the Memorandum of Understanding
executed by the Santa Monica Firefighters Local 1109 IAFF, a copy of which IS
attached hereto.
Section 2 The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be In full force and effect.
APPROVED AS TO FORM:
~~~
City Attorney
[ff~esolutlon 19-97i
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Adopted and approved thiS 29th of Apnl, 1997
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P -1 O'Connor, Mayor
I. Mana M Stewart, Cny 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 Apnl, 1997 by the followmg vote
Ayes
Councdrnembers
Ebner, Feinstem. Mayor Pro Tern Holbrook. Mayor O'Connor,
Rosenstem
Noes
Councllmembers
None
Abstam
Councdrnembers
None
Absent
Councllmernbers
Genser. Greenberg
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Mana M Stewart, City Clerk
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
SANTA MONICA FIREFIGHTERS
LOCAL 1109 IAFF
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
PAGE #
ARTICLE I:
GENERAL PROVISIONS
1.01
1.02
1.03
1.04
1. 05
1. 06
1. 07
1. 08
1.09
1.10
1.11
1.12
Parties to Memorandum..... ..................4
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Term of Agreement. . . . . . .. ................ ........4
Union Recognition, Respons~b~lities and R~ghts.....5
Full Understanding, Modification, and Waiver ....6
Management R~ghts.. . ........ ... 6
Peaceful Performance of City Services.. ..........7
Valid~ty of Memorandum of Understanding........ .7
Equal Employment ... . . . . . . . . . . . . . . . . . . . . . .. .8
Def~nitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Overpayment Remedy....... . . . . . . . . . . . . . . . . . . . . . . .10
Payments at Termination.. ............... ..... .10
ARTICLE II: COMPENSATION
2 01 Effective Date of Pay Increase..... . . . . . . . . .12
2.02 Salarles........... ............. ....... .12
2.03 Overtlme......... . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2.04 Off-Duty Court Appearances. ........... ..... 15
2.05 Court Standby... . . . . . . . . . . . . . . . . . . . . . . . . .15
2.06 Compensatory Time Off & Exchange of Tlme......... .15
2.07 Administratlve Adjustment ...................... .16
2.08 Paramedic Bonus.......... ................. ......17
2.09 EMT Bonus. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .18
2 10 Promotlonal Pay Rate. .. . . . . . . . . . . . . .18
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2.11 Acting Pay...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
2 .12 B~lingual Skill Pay......... . . . . . . . . . . . . . . . . . .20
2.13 Performance Incentive Bonus. .................. .21
2.14 Haz Mat Response Team Bonus.................... ...22
2.15 Y-rating... .......... ................ ......22
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01 Health Insurance.... .......... .... . .23
3.02 Retlrement......... ............. ............. .27
3. 03 Un~form Allowance ......... .. . . . . . . . . . . . . . . . . . .29
3.04 Sick Leave Buy Back Program . ....... ......... .29
3.05 Deferred Compensation... . . . . . . . . . . . . . . . . . . . . . . .31
3.06 M~leage Reimbursement... ....................... .31
3.07 Educational Incentive...................... ..... .32
3 08 Tuition Reimbursement. . . . . . . . . . . .. ...... . . . .34
3.09 F~lm~ng/Standby Assignments........... ...35
ARTICLE IV: LEAVES
4.01
4.02
4.03
4.04
4.05
4.06
4 07
4 08
4.09
4.10
ARTICLE V:
5.01
5.02
5.03
5 04
5.05
5 06
5.07
5.08
5.09
Paid Hol~days. . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
Vacation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
S~ck Leave...... .......... . . . . . . . . . . . . . . . . .38
Leave of Absence Without Pay...... .,. ........... .38
Jury Duty. . . . . . . . . . . . . .. .......................39
Mil~tary Leave .. . . . . . .. ................ . . . . . .39
Workers' Compensatlon Leave....... ...... .39
Bereavement Leave... .......... ... .39
Parental Leave..... . . . . . . . . . . . . . . . . . . . .40
Family Leave. . . . . . . . . . . . . . . . . . .40
WORKING CONDITIONS
Safety. . . . . . . . . . . . . . . . . . . . . ...............42
Constant Staffing....... . . . . . . . . . . . . . . . . . . . . . . .42
Mandatory Physical Fltness ............ .......... .43
Paramed~c Certificatlon & Selection Process ..... .43
Effect of Job Performance on Salary....... .. ...44
Washlng Mach~nes. . . . . . . . . . . . . . . . . . . . . . . . . .. ....44
No Smoklng Requ~rement .......... .......... .45
Employee Parklng.... ......... ...45
Promotional Examlnations......... .. .45
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ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductlons...... ....................... .47
6.02 Reasonable Notice......................... .....47
6 03 Grievance/Complaint Polley........ ...47
6.04 Dlsability Retirement Dispute Resolutlon
Procedure. . . . . . .. ............... ............. .. 50
6.05 Time Off for Dnlon Business ........... ..... 52
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MEMORANDUM OF UNDERSTANDING
SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF
CITY OF SANTA MONICA
ARTICLE I
GENERAL PROVISIONS
1.01. Parties to Memorandum
Thls memorandum of understanding (MOU) is made and entered
lnto by and between the City of Santa Monica (hereinafter
referred to as "City") and the Santa Monlca Firefighters
Local 1109 (hereinafter referred to as "Local 1109" or
"employees"), pursuant to the terms of Government Code 3500
et seq. and the City of Santa Monica Ordinance 801, hereby
incorporated by reference as If fully set forth hereln. Thls
MOD covers these employees in the classificatlons listed In
Sectlon 1.04 below
1.02. Purnose
The partles agree that the purpose of this MOD lS: to promote
and provide harmonious relations, cooperation and
understanding between the Clty and the employees covered
hereln; to provlde an orderly and equltable means of
resolvlng differences whlch may arise under this memorandum,
and to set forth the full agreements of the parties reached
as a result of meeting and conferring In good faith regarding
matters within the scope of represem:.atlon for employees
represented by Local 1109.
1.03. Term of Agreement
Thls Agreement shall be effective on July 1, 1996 and shall
remain in full force and effect until June 30, 1998. It
shall be automatically renewed from year to year thereafter
unless either party provldes wrltten notice to the other not
later than March I, 1998 and of each subsequent year that It
desires to modlfy thls agreement, and speclflcally indicates
requested modificatlons.
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1.04. Dnlon Recoonitlon. Responslbilities. and Rlghts
A
Recognitlon The Clty recognizes Local 1109 of
International Assoclation of Fireflghters (IAFF) as
recognlzed bargaining agent for the employees in
following job classifications:
the
the
the
Battallon Chief
Flre Captain
Fire Englneer
Firefighter
Asslstant Fire Marshal
Senlor Fire Inspector
Fire Inspector
The Assistant Fire Marshal job classlflcatlon
(reclassified from Flre Prevention Englneer as of
January I, 1997) shall be represented by Local 1109. As
of July 1, 1992, the incumbent ln the Assistant Fire
Marshal job classlflcation (then classified as Flre
Prevention Englneer) elected to be "grandparented" as an
employee represented by the Supervisory Team Assoclates
(STA) and shall be covered by the terms and condltlons of
the Memorandum of understanding between the Clty of Santa
Monlca and the Supervisory Team Assoclates. In the event
that employee should vacate the Assistant Fire Marshal
position, the new lncumbent will be represented by Local
1109 and shall be covered by the terms and conditions of
thlS agreement.
It is the mutual understanding of the parties that
acknowledgment of Local 1109 as the recognized employee
organizatlon:
(1) Does not preclude employees in such Job
classificatlons from representlng themselves
individually in thelr employment relatlons with the
City.
(2) Does not preclude or restrict the right of
management offlclals to meet and consult with
employees In such Job classlflcatlons concernlng
their employment relatlons wlth the Clty.
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B. Duty of Representation Local 1109 has the duty to
fairly represent all members of the bargaining unl t .
Accordlngly, Local 1109 agrees and shall assume its
responslbilities as the recognlzed deslgnated
representative to represent all unit employees without
dlscrimlnatlon, interference, restralnt, or coercion.
C. Scope of Representatlon - The scope of representatlon of
the recognized employee organlzation shall be in
accordance with the valid laws, statutes and ordinances
of the State of Callfornia and the Clty of Santa Monica.
1.05. Full Understandina. Modlfication. and Waiver
The parties agree that each has had full and unrestricted
rlght and opportunity to make, advance, and discuss all
matters properly withln the scope of representation as
outllned in Section 2.05 of Ordlnance No. 801. ThlS MOU
constitutes the full and complete agreement of the parties.
Each party, for the term of thlS MOU, specifically waives the
right to demand or petltlon for changes herelni however, both
parties may mutually agree to meet and confer over ltems and
issues contained hereln.
1.06. Manaaement Riahts
The City retalns all rlghts not specifically delegated by
thlS agreement, includlng, but not Ilmlted to the exclusive
rlght to
direct, superVlse, hire, promote, suspend, dlsclpllne,
dlscharge, transfer, assign, schedule, and retain employeesi
relleve employees from duties because of lack of work or
funds, or under condltions were continued work would be
inefficient or nonproductlve;
determine
performed,
matters;
serVlces to be rendered, operatlons to be
utilizatlon of technology, and overall budgetary
determlne the appropriate Job classlflcatlons and personnel
by whlch government operatlons are to be conducted;
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determ~ne the overall m~ssion of the un~t of government,
ma~nta~n and improve the eff1c~ency and effectlveness of
government operations,
take any necessary actions to carry out the mlssion of an
agency in situations of emergencYj and
take whatever other actlons may be necessary to carry out the
wishes of the publ~c not otherwise spec1f1ed above or by
collectlve agreement and perform all other functlons not
specifically made subJect to the meet and confer process
elsewhere in this MOU.
1.07. Peaceful Performance of Cltv Services
For the duratlon of thlS agreement, the C1ty agrees not to
lock out employees represented by Local 1109j and Local 1109
agrees to abide by Section 4.04 (A-C) of Ordinance 801.
1.08. Validity of Memorandum of Understandino
- -
If any provlslon of thlS MOU is determlned to be invalld or
illegal by a court of competent Jurlsdiction, then such
provision shall be severed from this MOU, but the rema1nder
hereof shall remain in full force and effect. The parties
hereto shall immedlately commence to, in good fa~th,
negotiate for the purpose of replacing any such invalid or
illegal prov1sion.
Should any change be made in any Federal or State law, or ln
any rules and regulations 1mplementing such legislation, or
1n any City Charter provis1on which would be appl1cable and
contrary to any provision here1n contained, then such
provision of this MOU shall be automatically termlnated, but
the remainder of this MOU shall rema~n in full force and
effect. Such legislation and/or rules and regulations shall
supersede this MOU and applicable clauses shall be
substituted for those ruled invalid or illegal. The parties
hereto shall lmmedlately commence to negotiate for the
purpose of replacing any such invalid or illegal prov~slon.
Notwithstandlng the foregoing, the partles agree to make no
change in wages, benefits, accumulat~on of slck leave or
vacation durlng the term of thlS MOU, other than those
specif~ed ~n this MOU.
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1.09 Eaual Emulovment
- --
The Clty and Local 1109 wlll fully comply wlth the letter and
spirlt of all applicable Federal, State and local laws, rules
and regulations governing equal employment opportunlty and
with the Clty'S current Affirmatlve Action Program and
current POllCY on Sexual Harassment, which are incorporated
by reference hereln. The City and Local 1109 will strive to
achieve a workplace free of blas and nelther party wlll
support or condone manlfestatlons of preJudice by employees
covered hereunder
Local 1109 specifically agrees to support the Clty'S equal
employment opportunlty/afflrmative actlon plan policy as set
forth below
The POllCY of the City of Santa Monica is to provide equal
employment opportunity to all persons based on indlvldual
merlt without regard to race, rellgion, color, age (40 and
over), sex, national origin, ancestry, medlcal condltlon
(cancer related), marltal status, sexual preference or
disablllty. The Clty will assure equal employment
opportunlty in ltS POllCY decisions affectlng the
recrultment, selection, assignment, promotion, and training
of personnel and in all other terms, condltions and
privileges of employment.
It is the City's lntent and policy to promote the obJectives
of equal employment opportunity through aff~rmative and
positive efforts The City wlll work cooperatively wlth
lnstitutions, civic organizations, community groups and other
appropriate organizations concerned wlth employment
opportunities, as well as wlth its suppliers and
subcontractors, in support of thlS policy.
1.10. Deflnitions
The followlng deflnltlons are to be applled In the
lnterpretatlon of this MOU:
A
"salary Range" shall mean the normal five-step
E) hourly or monthly pay scale (and the
equlvalent) assigned to each employment
represented by Local 1109.
{A through
bl-weekly
posltlon
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B. "Salary Range Steps A through E" shall mean and be
established to bear the followlng percentage relationship
to Salary Range Step E computed to the nearest dollar,
with attalnment based upon the following amounts of
serVlce in the positlon.
Step A - 81% of Step E - During first year of
employment
Step B - 85% of Step E - Durlng second year
of employment
Step C - 90% of Step E - During thlrd year
of employment
step D - 95% of Step E - During fourth year
of employment
Step E - After fourth year of employment
C. "Nearest Dollar" shall mean the next lower dollar in a
monthly rate when the computed amount is 50 cents or less
and the next higher dollar when the computed amount is 51
cents or more.
D. "Date of Entrance Annlversary" shall mean the date which
recurs annually after the date of entry lnto a position
in the classlfled service of the City of Santa Monlca,
either by original employment, re-employment or
promotion. The date of entrance for employees Wl th
broken serVlce shall be consldered as that date on WhlCh
the last unbroken service was effective.
E. "Satisfactory Service" shall mean the attainment of an
Overall Performance Rating of not less than
"Satisfactory" on the performance report immediately
preceding the employee's date of entrance anniversary.
F. "Hours of Work" shall mean the established hours of work
for suppression personnel, flre preventlon personnel, and
personnel assigned to admlnlstratlve duties.
(1) Personnel assigned to Suppresslon shall work 24
hour shifts, and an annual average of 56 hours a
week, based on a 28 day work perlod.
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(2) Personnel assigned to F~re Prevent~on,
administrat~ve or spec~al duties/details shall
work no less than 40 hours a week on a schedule
convenient to the department and approved by the
department head.
G. "Pay Status" shall lnclude regularly assigned work hours
actually performed. In addltlon, pay status shall also
spec~fically include pay for time not worked such as sick
leave (lncludlng bereavement leave), vacation, holidays,
compensatory time off, Jury duty, workers' compensat~on
leave, and mil~tary leave
H.
"Working Day" shall mean 12 hours
and 8 hours for administrative
definition shall apply to accrual
for F~re Suppression
employees This
of benefits only.
1.
"Work
first
April
Perlod" shall mean a
of which commenced
13, 1986.
recurring 28 day perlod, the
at 0800 hours on Sunday,
1.11. Overoavrnent Remedv
Permanent employees covered hereln shall relmburse the Clty
for any overpayment of wages or benefits. Said reimbursement
shall not be required until the City notifies the affected
employee in wrltlng Reimbursement may be accomplished by
a lump-sum deduct~on made on the next subsequent employee
payroll warrant follow~ng overpayment notification, or by
other reasonable repayment method mutually acceptable to the
employee and the City, except that lump-sum deduction shall
be required if the next subsequent employee payroll warrant
~s the f~nal or termination warrant issued to the affected
employee
1 12. Pavments at Termination
When permanent employees covered here~n leave the
serv~ce of the C~ty of Santa Monlca, they shall be ent~tled
to lump sum payoff of vacatlon days, unused compensatory
tlme and unused "floated" holldays, as deflned ln Section
4 01 of thlS agreement. No clalm shall be made against
the City for the use or payoff of unused sick leave, nor
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shall the effective date of termination be extended by use
of compensatory tlme, sick leave, vacation or personal leave
days
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ARTICLE II. COMPENSATION
2.01. Effective Date of Pay Increase
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Notwlthstanding any other provision contalned hereln, changes
ln salary rates shall become effectlve on the flrst day of
the payroll perlod closest to the effectlve date stated
hereln
2.02. Salarles
A. Effectlve July 1, 1996, the E-step salaries of employees
covered hereunder shall be increased by two percent (2%)
As a result of thlS increase, the E-step of Job
classlflcations covered hereunder shall be as follows
Flrefighter
Fire Englneer
Fire Captain
Battallon Chief
Fire Inspector
Senlor Fire Inspector
Asslstant Fire 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. Effective January 1, 1997, the E-step salaries of
employees covered hereunder shall be lncreased by an
equity adJustment of 1.65%. As a result of thlS
increase, the E-step salaries of Job classifications
covered hereunder shall be as follows:
Flrefighter
Fire Engineer
Fire Captaln
Battallon Chlef
Flre Inspector
Senlor Flre Inspector
Assistant Flre Marshal
E-step: $4,368
E-step: $5,104
E-step: $5,933
E-step: $6,893
E-step: $5,104
E-step: $5,394
E-step: $5,933
C. Effectlve July 1, 1997, the E-step salary for Battalion
Chlef shall be given an equlty adJustment of 3.3%, which
will increase the E-step salary from $6,893 per month to
$7,120 per month. The July 1, 1997 cost of living
adJustment, as set forth ln subsection D below, shall be
applled to the adjusted E-step salary.
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D. Effectlve July l, 1997, the E-step salaries of employees
covered hereunder shall be lncreased by an amount equal
to the percentage increase in the Ucost-of-living" index
as measured by the Consumer Price Index (for Urban Wage
Earners and Clerlcal Workers, 1967=lOO) for Los Angeles
Anahelm-Riverside, Californla, published by the u.s.
Department of Labor, Bureau of Labor Statlstics, for the
base perlod of April, 1996 to April, 1997. However, in
no event shall sald adjustment be less than two percent
(2%) or exceed four percent (4%)
The only exception to this cost of living provision would
be In the event a higher percentage salary increase (also
known as cost of livlng adjustment) is granted to all
employees of any other bargaining unit by the City of
Santa Monlca for the FY97-98 flscal year. In that case,
employees represented by Local ll09 shall be granted the
hlgher percentage salary increase. In addltlon, for the
purposes of thls provision, an equlty adjustment granted
to a specific Job classificatlon shall not be considered
a salary increase (also known as a cost of living
adjustment) .
2 03. Overtime
Overtlme for all employees covered In thls agreement shall
mean those hours worked in excess of forty (40) hours per
week for members asslgned to an admlnlstrative (40-hour work
week) position or those hours in excess of an annual average
of fifty-slx (56) hours per week, exclusive of all trades of
time for employees In the Fire Suppression Service. Hours
worked for purposes of this section shall include hours
actually worked, vacatlon, sick leave (includlng bereavement
leave), compensatory tlme, holiday time taken, exchange of
tlme that was regularly scheduled but not worked, but It
shall exclude hours actually worked in lieu of any exchange
days.
A. Subject to Sectlon 2.03(B) below, for all classes
represented herein, overtlme shall be computed for actual
tlme worked at one and one-half times the employee I s
applicable rate of pay.
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B. If an employee regularly assigned to Flre Suppresslon lS
glven an overtime asslgnment in an admlnistratlve (40-
hour work week) positlon, overtime shall be calculated
for actual time worked at one and one-half times the
hourly rate of pay established for that administratlve
position If an employee regularly assigned to an
administrative (40-hour work week) posltlon is given an
overtime asslgnment in Fire Suppression, overtlme shall
be calculated for actual tlme worked at one and one-half
times the hourly rate of pay establlshed for the Flre
Suppression positlon For the calculatlon of overtime
under the Fair Labor Standards Act (FLSA), a blended rate
will be used In those cases where an employee has been
paid at two dlfferent rates of pay durlng the work period
in question.
C. An employee called out other than during his/her regular
working hours for emergency work shall be compensated for
a mlnlmum of four (4) hours at time and one-half. The
only exception shall be an employee regularly asslgned to
the Flre Prevention Bureau wlth an assigned 24 -hour
vehicle who shall be compensated for a minimum of two (2)
hours at time and one-half.
D. An employee called out other than durlng hls/her regular
work hours for non-emergency work shall be compensated
for a minimum of three (3) hours at time and one-half.
E. An employee who has completed his/her regular shift and
is retained at work lS In a hold-over status and shall be
compensated for at a minimum of two (2) hours at tlme and
one-half.
F. An authorlzed departmental management offlclal may grant
compensatory time-off in lleu of pald overtlme. If an
employee so elects to accrue compensatory time, said time
shall be accrued at the rate specified in Subsection A,
above. However, any tlme worked as part of an exchange
of tlme arrangement shall not be considered overtime nor
compensatory time and shall be valued on a straight time
basis. An employee regularly assigned to Fire
Suppresslon (56-hour work week)cannot accrue more than
four hundred-elghty (480) hours of compensatory time-off
in any fiscal year. An employee regularly asslgned to an
administrative (40-hour work week) position cannot accrue
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more than two hundred-forty (240) hours of compensatory
t1me-off in any fiscal year Once these thresholds are
met, add1tional overtime hours will be compensated w1th
a payroll payment at the appropriate overtime rate of
pay All unused accrued compensatory t1me-off w1ll be
cashed out at the end of each fiscal year. Unused
accrued compensatory t1me-off can only be cashed out at
the end of the f1scal year 1n wh1ch it was accrued.
G. No bonuses prov1ded by this agreement, except additional
paramed1C bonus, shall be pa1d for MOD overt1me
assignments. Terms regarding an add1 t10nal paramed1c
bonus for paramed1c overtime assignments are spec1f1ed 1n
Sect10n 2.08 of th1S agreement
2 04. Off-Dutv Court ADDearances
If an employee appears in State or Federal court while off-
duty in response to a subpoena or d1rective in relat10n to
a matter that arose dur1ng the course and scope of
employment, the employee shall receive a min1mum overt1me
compensation of three (3) hours pay at the rate of one and
one-half times the employee's applicable hourly rate.
2.05. Court Standbv (State or Federal Court)
Whenever an employee has been placed in an on-call or standby
status wh1le off duty 1n response to a subpoena or directive
1n relat10n to a matter that arose during the course and
scope of employment, the employee shall receive compensation
as follows:
A For the first court session (either morning or afternoon)
during a calendar day, the employee shall rece1 ve an
amount equal to two (2) hours of compensation at the
straight time rate;
B. For the second court seSS10n on that calendar day, the
employee shall rece1ve compensation on an hour for hour
bas1s at the straight t1me rate.
2.06. Comp~nsatory T1me Off & Exchanoe of Time
The guidelines agreed to by Local 1109 and Fire Department
Management on November 1, 1984 shall remain in full force and
effect, with the follow1ng changes'
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A. There shall be no Ilmlt placed on exchange, accrued or
compensatory tlme off except as specified In Section 2.03
(F) of this agreement.
B. Members wlshing to use compensatory (accrued) time off
will not need to provide a replacement name. However, In
the event no names are available on the overtime llst, a
name must be provlded by the member requesting the
compensatory (accrued) time off. At no time wlll the
"asslgn hire" procedure be used to provlde a name to fill
the vacancy
C. The value of all compensatory (accrued) time and floatlng
hollday tlme not taken by the end of the flscal year
shall be pald to the employee at the end of each fiscal
year, at the rate in effect at the end of the fiscal
year.
D. Payment of unused compensatory time as speclfied in (C)
above shall be made in a separate check rather than in
the employee I s regular payroll check Thls separate
check will also lnclude any sick leave buy back to whlch
the member is entitled to receive for that same fiscal
year.
E. Requests for compensatory (accrued) tlme off shall remain
subject to departmental approval.
2.07 Admlnistrative AsslQnment Bonus
An employee who is regularly asslgned to
admlnlstratlve (40-hour work week) posltlons
shall receive an adminlstratlve asslgnment
speclfied:
one of the
llsted below
bonus, as
Battalion Chief -
(Deputy Fire Chief)
Battalion Chlef -
(Assistant Flre Chlef)
10% of base salary
5% of base salary
Battalion Chief -
(Division Chief)
5% of base salary
Fire Captaln (Staff Captain)
5% of base salary
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Temporary or occasional asslgnment to such duty of less than
thlrty (30) days duration shall not constitute regular
asslgnment within the meaning of thls section. Durlng
temporary or occaslonal assignment to an administratlve (40-
hour work week) positlon, an employee regularly assigned to
Fire Suppression shall not be deprived of the benefits
accruing as a Flre Suppression employee.
2.08. Paramedlc Bonus
A. Employees who are regularly assigned to paramedlc duties
shall receive a bonus, on a monthly basis, as follows'
(1) 13% of the monthly E-step Flreflghter salary Said
bonus shall be paid at the beglnnlng of the first
payroll perlod following initial certiflcation of
skllls required by the Los Angeles County Health
Department for paramedic duties.
(2) 16% of the monthly E-step Flreflghter salary. Sald
bonus shall be pald at the beglnnlng of the payroll
period followlng either the completion of two
consecutive years of paramedlc dutles for the Santa
Monlca Fire Department or upon recertiflcation of
skllls requlred by the Los Angeles County Health
Department for paramedic duties while employed by
the Santa Monlca Fire Department, whichever occurs
first.
(3) While on paramedlc quallflcatlon school asslgnment,
an employee shall be transferred to the 40-hour
work week schedule but he/she shall continue to
accrue beneflts, lncludlng holldays, as If asslgned
to Fire Suppression. An employee so assigned shall
not be entltled to the "hollday cash-out adjustment
bonus" provlded by the last paragraph of
Sectlon 4.01.
B Only those employees who are regularly asslgned to Flre
Suppression and are regularly assigned to work as
paramedics shall be ellglble to receive a paramedlc
bonus. Employees who are regularly asslgned to an
admlnlstratlve (40-hour work week) position, including
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those assigned to the Fire Preventlon Bureau, wlll not be
ellglble to recelve a paramedlc bonus. Any
administratlve employee who lS receiving a paramedic
bonus as of July 1, 1996 shall be "grandparented" In that
he/she shall continue to receive the paramedlc bonus as
long as he/she contlnues to hold his/her current posltion
on the 40-hour work week schedule In the event an
employee who lS "grandparented" should be reassigned to
Fire Suppresslon and later reasslgned to an
administratlve (40-hour work week) posltlon, he/she would
no longer be eligible to receive a paramedlc bonus
If an employee who worked in Fire Suppresslon as a
paramedic is asslgned to an admlnlstrative (40-hour work
week) position and wishes to malntaln hls/her paramedic
certification, the Flre Department shall make available
the necessary training, either on-site or off-slte, and
shall cover the costs assoclated with the malntenance of
the employee's paramedlc certlflcatlon.
C Paramedic Overtime Bonus
When a flreflghter works overtime as a paramedlc, he/she
shall receive an hourly paramedlc bonus for all overtime
hours worked as a parameOlC. The employee's hourly
paramedic bonus shall be calculated by multlplYlng the
employee's monthly paramedic bonus, as determined by
Paragraph 2.08 (A), by twelve (12) and then dlvlding that
product by the total number of hours the employee is
scheduled to work in a year (i.e., 2,912).
2.09. EMT Bonus
As of July 1, 1996, each member who holds a current EMT-IF S.
certificate or Los Angeles County Paramedic certificatlon
shall be eligible for a bonus of $250/month. In order to
malntaln thls beneflt, the member must malntain a current
certification through the term of thls agreement.
2.10. Promotional pav Rate
In the event that the rate of pay belng recelved by an
employee belng promoted is equal to or greater than the
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entrance salary of the pos~tion, the employee's salary shall
be increased to the next higher rate to that attained ~n the
former posltion. In the event the promotion is to a
superv~sory posltion, the employee promoted shall recelve not
less than the next hlgher rate above the highest rate being
pald to subordinates.
2.11. Acting Pay
The following procedures w~ll be fallowed when acting out of
grade (Acting Battalion Chief, Acting Captain, Acting
Engineer)
A. No member may work down ~n grade (Example. Engineer as
Firef~ghter, Captain as Engineer)
B. No platoon may have more than 2 acting members at one
time.
C. Normally, acting members w~ll fill the position needed to
be filled on his/her assigned company only
D. No member who is working overt~me will be assigned to
work out of grade, unless no other qualified member is
available.
E Members wlll be asslgned to an act~ng position as
follows:
(1) Members on a current promotional llSt will be
assigned to a position for WhlCh he/she lS
qual~fied. (Example A member on the engineer's
list lS assigned to act as an engineer.)
(2 )
If more than one
promotional list,
basis.
member of a company ~s on a
they will alternate on a cycle
(3) If no members of a company are on a promotional
list, the Battalion Chief and Captain of each
company shall select the member most quallfled to
fll1 the position. An up-to-date list of acting
members shall be kept in the Battallon Ch~ef I s
office and up-dated regularly.
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F Members assigned to work out of grade (Acting) shall
recelve the salary for the posltlon they are filling as
lf they had been promoted to that position, and shall be
paid on a hour for hour basls.
Whenever an employee covered hereunder 18 directed to perform
all of the duties and assume all of the responsibilltles of
Flre Chief for fourteen (14), or more, consecutive work days,
that employee shall be compensated at the lowest salary step
of the Flre Chief classificatlon which will result in a
salary increase of at least 5% above the employee's current
salary for all time worked in the Fire Chlef classiflcatlon.
2.12. Blllnaual Skill Pay
Quallfled employees who meet the crlteria set forth hereln
shall receive a blllngual sklll pay of $50.00 per month To
recelve a bilingual pay, the followlng criteria must be met:
A. The employee must be assigned to speak or translate a
language in addltlon to English. ThlS may include
speclalized communlcation skills such as slgn language.
B.
An employee
course of
management.
must regularly utillze such skills during the
hls/her duties or upon request of City
C To become quallfled, an employee must be certified as
qualified through examination adminlstered by the
Personnel Department. Said examination shall be Job-
related, as determined by the Personnel Department.
D. In order to retaln sald blllngual skill pay from one
fiscal year to the next, durlng the first month of the
new flscal year (July), the employee recelving bilingual
sklll pay must be recertified as qualified through
examlnation administered by the Personnel Department
As of July 1, 1996, an employee who quallfles for bilingual
pay under this Sectlon because of Spanlsh language Skllls
shall recelve an addltlonal $50.00 per month, for a total of
$100.00 per month
20
2.13
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Performance Incentlve Bonus
In recognltlon of the fact that It is critlcal for
firefighter personnel to maintain a certaln level of physlcal
fitness to perform thelr Jobs in a satlsfactory and safe
manner, an employee covered hereunder shall be eligible to
receive a performance incentlve bonus of $100 per month if
he/she meets the following crlterla:
(1) the employee completes the annual medical examinatlon
by the Clty medlcal examiner and partlclpates in the
Clty'S Employee Wellness program;
(2) the employee has recelved an overall performance
rating of at least "satisfactory" on hls/her last
annual performance evaluatlon, and
(3 )
the employee has not been
action, excludlng verbal
wlthln the last twelve (12)
sub] ect to
and written
months
disciplinary
reprimands,
Should an employee fall to pass the annual medical
examlnatlon (l.e., is determined by the City's medlcal
examiner to not be physlcally capable of meeting the normal
requirements of the employee's posltlon), he/she shall be
given six (6) months to pass a fltness for duty exam Once
the employee has been found flt for duty, he/she shall
recelve the performance incentive bonus starting at the first
of the month following the date of the fitness for duty
examination as long as the employee also meets the other two
ellglblllty crlterla established for the performance
incentive bonus
If an employee recelves an overall performance ratlng of less
than "satlsfactory" on hls/her annual performance evaluatlon
and lS thereby not eligible to recelve the performance
lncentlve bonus, he/she shall be evaluated on a quarterly
basis _ If the employee receives an overall performance
rating of "satisfactory" or better on a subsequent quarterly
performance evaluation, he/she shall receive the performance
lncentlve bonus startlng on the flrst of the month following
the date of the quarterly performance evaluation as long as
the employee continues to maintain at least a "satlsfactory"
21
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level of performance and also meets the other two ellgibility
criterla establlshed for the performance lncentive bonus.
If an employee is subJect to dlsclplinary actlon, excluding
verbal and wrltten reprlmands, he/she shall lose the
performance lncentive bonus until such tlme that the employee
has gone twelve (12) months without recelving further
discipllnary action, excluding verbal and written reprlmands.
Once there has been twelve (12) months wlthout discipllnary
action, excludlng verbal and written reprimands, the employee
shall receive the performance lncentlve bonus on the flrst
of the month following the end of that 12-month period as
long as the employee also meets the other two ellglbillty
criteria establlshed for the performance incentlve bonus.
2.14. Haz Mat Response Team Bonus
A. As of July 1, 1997, all employees covered hereunder who
are regularly assigned to the Haz Mat Response Team shall
receive an assignment bonus of $150 per month.
B. Any reasslgnment resultlng In the discontinuance of the
assignment bonus shall not constltute a demotion under
city Charter Section 1110 and Municipal Code Sectlon
2.04.710.
C. Local 1109 shall not assert, nor represent or provlde
representatlon to any member in assertlng, that the
dlscontinuance of the Haz Mat Response Team bonus
constltutes a demotion under Clty Charter Section 1110
and Municipal Code Sectlon 2.04.710.
2.15. Y-ratlng
When a personnel actlon, e.g.: demotion due to layoff or
reclassification, results In the lowerlng of the lncumbent
employee's salary range, the incumbent employee'S salary may
be Y-rated. nY-rated" shall mean the maintenance of the
lncumbent employee'S salary rate at the level effectlve the
day preceding the effectlve date of the personnel actlon
placing the employee in a lower salary range. The employee'S
salary shall remain at such level until the salary range of
the new classiflcatlon equals or exceeds the Y-rate salary.
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ARTICLE III
SUPPLEMENTAL BENEFITS
3.01. Health Insurance
A. Medical Insurance.
Subject to the provislons of this Sectlon, the City shall
contract with the Public Employees I Retirement System
(PERS) to make available to those employees and their
ellglble dependents and to ellglble retlrees and
dependents to the extent required by law the health
insurance benefits avallable under the Public Employees'
Medical and Hospital Care Act, as set forth in Section
22761, et. seq., of the California Government Code
(hereinafter referred to as the PERS Program) The
health insurance benefits avallable under the PERS
Program shall replace any other health insurance beneflts
avallable under non-PERS Program health insurance
benefits malntalned through the City, provided, however,
that the City shall continue to provide to all employees
covered by this Agreement and ellglble dependents the
benefits avallable under the existing dental insurance
plans malntalned by the City, wlth the Clty to pay 100%
of the premium for sald dental lnsurance plans, provided
that employees and dependents participate In the City-
provlded dental lnsurance plans.
For actlve employees and thelr dependents, the cost of
coverage under the PERS Program shall be set at the
beginning of each medical plan year and shall be a
composite monthly lnsurance premium derived by dividing
(a) the total monthly premlum, lncludlng any
administrative fees and any contlngency reserves required
by PERS, for all active employees and dependents covered
hereunder by (b) the number of active employees covered
hereunder as of that date. The Clty wlll create a
"composite" monthly insurance premium, as descrlbed in
thls paragraph, in the administration of the medical
lnsurance program; and such composite premium will be the
same for every covered employee, regardless of family
status or medical plan selected The composite monthly
lnsurance premium shall be set once a year and shall have
no effect on the payment of the City'S insurance premium
contrlbutlon. If new employees are hlred, those
employees will receive the same medlcal insurance premium
23
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contribution as other employees covered by th1S MOD. The
cost of coverage under the 2ERS Program for each retiree
annuitant shall be the actual premium established by PERS
for the type of coverage elected by the ret1ree
annu1tant.
The City shall contribute toward the payment of premiums
under the PERS Program on behalf of each eligible
employee and, to the extent required by law, each
el1g1ble retiree annu1tant, the sum of $16.00 per month.
In addition, each month the City shall contr1bute on
behalf of each act1ve employee toward a cafeter1a plan
the difference between (a) the City's medical 1nsurance
premium contr1but1on cap, which is set at $475, and (b)
the $16.00 contribution set forth in the th1rd full
paragraph of this Section 3.01. Each employee covered
hereunder can use this City contribution to cover the
cost of med1cal 1nsurance for the employee and his/her
el1gible dependents under one of the PERS Program
options. The cost of PERS Program is the composite
med1cal 1nsurance premium defined in the second full
paragraph of this Section 3 01. In the event the monthly
composite medical insurance premium is greater than the
City's medical insurance premium contribution cap, which
1S set at $475 per month, the d1fference between the
monthly composite med1cal 1nsurance prem1um and the
C1ty'S contr1but1on cap ($475 per month) shall be pa1d
through one of the follow1ng two arrangements selected by
Local 1109: (a) direct payroll deduction by each covered
employee or (b) d1rect payment by Local 1109. Any tax
llab1l1ty assoc1ated w1th the contribution made by the
C1ty to the cafeter1a plan shall be paid by the employee
upon whose behalf the contr1but1on to the cafeter1a plan
is made.
In the event the monthly compos1te med1cal 1nsurance
premium 1S less than the City's med1cal insurance premium
contribution cap, which is set at $475 per month, the
difference between the C1ty'S contribution cap
($475/month)and the monthly compos1te medical insurance
premium will be contributed by the City on behalf of each
employee 1nto a Post Employment Health Plan (PEHP). Each
employee will have his/her own trust account established
in PEHP.
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As regards the tax liability provlsion of the fourth full
paragraph of thls Section 3 01, the City warrants that
the cafeteria plan is a bona flde IRS Section 125
qualified plan. The regular and lntended effect of the
implementation of the plan, under current law, is to
provide beneflts which are not subject to either State or
Federal income tax. Thus, the tax liability provislon
shall be lnterpreted to mean that, in the event of a
change In IRS regulatlons or tax law that makes cafeteria
benefits taxable, the employee (not the Clty) lS
responslble for the taxes In the absence of such a
change, the provision pertalning to tax liability shall
have no effect
Effective July I, 1997, the maximum amount of the City's
contribution to the cafeterla plan shall be the
difference between (a) the highest medlcal lnsurance
premlum contribution "cap" establlshed for any of the
City's other bargaining units for FY97-98 and (b) $16.00.
In the event the monthly composlte medlcal insurance
premlums greater than the Clty'S medlcal insurance
premlum contribution cap, as descrlbed above, the
dlfference between the monthly composite medlcal
lnsurance premium and the City's Contributlon cap shall
be pald through one of the following two arrangements
selected by Local 1109. (a) dlrect payroll deductlon by
each covered employee or (b} direct payment by Local
1109.
If the Clty
contlngency
included in
lS required by PERS to make payments for
reserves, 100% of those costs shall be
the calculation of the composlte monthly
insurance premlum.
Local 1109 shall be obllgated to pay to PERS all of the
amounts required for admlnlstrative fees for covered
employees and their ellglble dependents and retiree
annuitants and eligible dependents. The amount required
by PERS for administrative fees for covered employees and
thelr dependents and retlree annultants and ellglble
dependents shall be lncluded In the calculation of the
composite monthly insurance premium established for
active employees covered hereunder.
25
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If durlng the term of thls Agreement the City shall be
requlred to pay an amount greater than $16.00 per month
for health insurance premlums on behalf of each retiree
annultant and any ellgible dependents, elther (a) the
City shall be relmbursed for the aggregate lncreased cost
obtained by multiplylng the amount of the requlred
contributlon in excess of $16.00 by the total number of
retiree annuitants particlpating in the PERS Program (1)
by dlrect payment from Local 1109 or (2) by reducing the
amount of the City's cafeteria contrlbution on behalf of
actlve employees, on a pro-rata basls, or (b) Local 1109
shall have the alternatlve option to cause the C~ty to
discontinue to contract for lnsurance beneflts with PERS
under the PERS Program and, instead, to allow all active
and retired employees and eligible dependents to enroll
in one of the non-PERS Program medlcal insurance plans
offered by the Clty. In the event that Local 1109
exerClses this latter optlon, the City shall pay up to
the highest insurance premium contrlbution "cap"
establlshed for any of the City's other bargalnlng units
for the fiscal year in whlch the change occurs for active
employees and eligible dependents provided that employees
covered hereunder particlpate in the City-offered medical
insurance programs. The Clty'S obligatlon to subsidize
insurance premlums for retirees would cease in the event
that Local 1109 exercises ltS option to cause the City to
dlscontlnue to contract for lnsurance benefits wlth PERS
under the PERS Program. I f the "compos l te" insurance
premlum establlshed for non-PERS medical lnsurance
programs provlded by the City should increase as a result
of Local 1109 employees gOlng back into the non-PERS
medical insurance programs, Local 1109 will be obligated
to cover the total additlonal cost to the Clty (a)
through dlrect payroll deductlon by the employee electing
said coverage, calculated on a pro-rata basis, or (b) by
direct payment from Local 1109.
It lS agreed that the intent of this Sectlon lS (a) to
provlde an option for employees under the MOU to select
the PERS Fire Flghter Plan; and (b) to provlde a Clty
lnsurance premlum contribution. It lS not the intent of
the parties to require such employees to remain in the
PERS general plan in the event the Flre Flghter Plan is
canceled or merged.
26
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The parties agree that they wlll meet and confer
regarding health lnsurance matters ln the event of any of
the following contingencies: (a) if the PERS Flre
Fighter Plan is canceled by PERS, or (b) if the costs of
the PERS Fire Flghter Plan (lncludlng any admlnlstrative
fees and contingency reserves required by PERS) exceed
the Clty'S insurance premlum contributlon (Heap"). It is
the intent of the Clty, in the event of such problems
arising wlth the PERS Firefighter Plan, to permit and to
facilitate the return of all Clty Firefighter employees
covered by PERS to a medlcal insurance plan then
currently provided by the City to its other employees, lf
such a return would not create a breach of the City's
PERS contract.
The partles understand that COBRA partlcipants who, prior
to electing COBRA coverage, were covered by plans
avallable to thlS bargainlng unlt shall contlnue to be
covered by those plans, or by the successors to those
plans, and said coverage shall be the financial
responsibility of the COBRA partlclpant.
B. Dental Insurance
Dental lnsurance coverage shall be provlded at no cost to
employees and thelr eligible dependents provlded that
employees covered herein participate in the City-offered
dental lnsurance programs.
C. Vlslon Insurance
The Clty agrees to provide vision care lnsurance, at no
cost, to employees covered hereunder. The City retains
the rlght to select the provider and to set levels of
coverage for sald vision care lnsurance plan. The Clty
also retalns the right to change the provider of sald
vision insurance plan and/or the level of beneflts
provlded under that plan without meeting and conferring.
3 02. Retlrement
The Clty is a contract member of the PubllC Employees r
Retirement System (PERS), and it is understood and agreed
that such membership will be malntained and that employee
eligibility, classificatlon, contrlbutions, and beneflts are
27
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as prescrlbed in the contract between the City and the PERS
heretofore approved by the Santa Monica Clty Councll.
Further, the Clty agrees to pay the employee's normal
contrlbution (9% of compensatlon earnable) to the retlrement
system, and to malntain the single highest year provlslon as
well as the wldow/widowers and orphans clause
Local 1109 shall have the optlon of electing to have each
employee covered hereunder pay hls/her own normal (i. e. ,
employee) contribution to PERS (9% of compensation earnable)
ln exchange for an increase to the employee's base salary.
The employee's base salary would be increased by an amount
(1 e., percentage) less than nlne percent (9%). The amount
by which the nine percent would be reduced would be the
amount needed to cover any unfunded PERS liability or any
other increased costs incurred by the City as a result of
lmplementing thlS change. In other words, the change would
be lmplemented in such a way as to result in no addltlonal
cost to the City. I f Local 1109 elects to implement this
optlon, the amount by which the employee's base salary would
be lncreased wlll be determined through an actuarlal study
conducted by William M Mercer, Inc.
Local 1109 shall notlfy the City, in wrltlng, if Local 1109
wishes to implement the option described ln the above
paragraph. Upon completlon of the actuarial study by William
M. Mercer, Inc , WhlCh will determlne the amount by which the
base salarles of employees would be lncreased in exchange for
employees paYlng their own (l.e , the employee) contribution
to PERS, Local 1109 will make a final decision regarding the
lmplementation of this option. If Local 1109 should elect to
implement thlS option, the change will be effectlve on a date
mutually agreed upon by the Clty and Local 1109.
If not already provlded, following ratification of this
agreement, the Clty shall amend ltS contract with PERS to
provide the followlng benefits:
1. Milltary Service Credlt as Publlc Service [employee
pald) , as set forth ln Section 20930.3 of the California
Government Code.
2. Third Level of 1959 Survivor Beneflts as set forth in
Section 21573 of the California Government Code
Upon implementation of Third Level of 1959 Survlvor
Benefits, each employee covered hereunder shall have:'one
28
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dollar and flfty cents ($l.SO) per month deducted from
hls/her paycheck to cover the addltlonal costs incurred
by the Clty as a result of ;Lmplementlng this PERS
beneflt In the event the miscellaneous employees of the
city should obtain th~s PERS benefit without havlng to
either lncur a payroll deduction or exchange another
beneflt already provlded by the Clty for thlS beneflt,
Local 1109 employees wlll no longer be requlred to pay
the monthly deductlon of $1.50
3.03. Unlform Allowance
Employees covered hereunder shall
maintenance allowance of $40 00 per
July 1, 1997, the unlform malntenance
increased from $40 per month to $70 per
be pald a
month.
allowance
month.
uniform
Effective
shall be
The City agrees to furnlsh requlred safety equlpment, safety
pants and safety boots, as needed The employee shall have
the option of receiving two pairs of safety boots or one pair
of safety boots and one palr of departmental approved
oxfords
The Clty agrees to replace, as needed,
shlrt and 2 patches per employee per
work shirt, an employee may elect
T-shirts.
not more than one work
year. In lieu of one
to receive two (2)
The employees will wear the department approved uniform as
specified ln the Fire Department Operatlons Manual
3.04 Sick Leave Buv Back Proaram
- -
Employees covered herein wlll have the option to receive
payoff for unused slck leave under the following condltlons:
A. Definitions
(1) "Slck Leave Bank" or "Bank", shall mean sick leave
earned in years prlor to the Accrual Year.
(2) "Accrual Year" shall mean the fiscal year ln WhlCh
Payable Sick Leave is earned.
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(3) "Payable Slck Leave" shall mean that portion of the
sick leave unused In thls year's accruals.
(4) "Base Hourly Rate" shall mean the hourly pay,
excluding any speclal assignment or bonus pay,
whlch would have been effectlve in the last pay
perlod of the Accrual Year preceding the effectlve
date of the negotlated lncrease for the next flscal
year.
(5 )
"Day" shall mean
employees and 8
employees.
12 hours for
hours for 40
Flre Suppression
hour per week
B. To be eligible to recelve payoff an employee must have a
mlnlmum Sick Leave Bank of twenty-two (22) days.
C An employee wlth the required Bank (and years of
serVlce as of the end of the Accrual Year) will be
eligible to sell unused sick leave earned durlng an
Accrual Year according to the following schedule:
Less than 10 Completed Years
of Service with Santa Monlca
10 or More Completed Years
SerVlce wlth Santa Monica
Davs Used
Unused Days
Avallable for Pay
Davs Used
Unused Days
Available for Pav
0 6 0 12
1 5 1 11
2 4 2 10
3 3 3 9
4 2 4 8
5 1 5 7
6 or more 0 6 6
7 5
8 4
9 3
10 2
11 1
12 or more 0
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D. Payoff shall be made at the Base Hourly Rate.
E. Slck leave for WhlCh payoff 1S recelved shall be
cons1dered "used" 1n that it wlll not be added to the
Bank (or if added to the Bank prior to the payoff date,
shall be removed from the Bank) .
F. Each employee eligible for payoff w1ll elect whether to
take payoff or to add the Payable Sick Leave to the Bank.
The election will be made prior to June 30th of each
Accrual Year.
G Payoff for an Accrual Year will be avallable only to
those employees on the payroll July 1st of the followlng
Accrual Year, with the exceptlon that those employees who
retire on a SerVlce Retlrement, or who are lnvoluntarlly
separated due to lack of funds (layoff), during the
Accrual Year shall be given the opportunlty to receive
payoff on a pro-rata basls. Employees who separate from
City servlce other than by retirement or by layoff shall
not be eliglble for payoff
H. It is hereby mutually agreed that the sick leave accrual
rate shall be limited to one day per month of
satisfactory service. ThlS prOVlslon applles to all
employees of the bargaining unit covered by this MOD
whether or not the lndividual employee elects to recelve
payoff annually.
3.05 Deferred Comnensatlon
It lS hereby agreed that employees covered hereln will be
offered participatlon in the City's deferred compensatlon
plan.
3.06. Mileaqe Relmbursement
Reimbursement to employees for authorlzed use of personal
autamoblles on City business shall be at the rate established
by the Clty Cauncll.
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3.07. Educational Incent1ve
An educational incentlve bonus is paid to employees in the
classificatlons of Flrefighter, Fire Eng1neer, Flre Capta1n
and Battalion Chief, covered hereunder as follows:
A. An employee shall be paid $100 per month as an
educational incentive bonus for the completion of certain
specified course work as follows:
(1) satisfactory credit for 60 college-level semester
units (or quarter unit equivalents), at least 18 of
which unlts shall be ln fire SClence. ThlS section
shall only apply to those employees who were
receivlng an educatlonal incentlve prior to July 1,
1988 or who by virtue of classes taken prlor to
July 1, 1988 would have become eligible on August
1, 1988, or
(2) certlfication as a Firefighter II by the Callfornia
State Fire Marshal prior to July 1, 1990.
prov1ded that the following condltion is met:
the employee demonstrates that he/she 1S working
elther towards a degree from an accredited college or
unlversity or towards a hlgher level State Flre
Marshal certiflcation (i.e., above Firefighter II).
To meet this condition, the employee must subml t
documentatlon to the Personnel Department by no later
than July 31st of each year whlch shows that the
employee has completed at least three (3) addltlonal
semester units (or quarter unit equivalents) at an
accredited college or universlty 1f working towards a
degree or one (1) additlonal course required for a
h1gher level State Flre Marshal certlf1catlon (i.e ,
above Fireflghter II) lf work1ng towards a higher
level State Fire Marshal certification.
B. An employee shall be paid $185 per month as an
educational 1ncentive bonus for the completion of certain
specified course work as follows.
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(1) satisfactory completion of 120 college-level
semester unlts (or quarter equivalents) at least 36
of which unlts shall be in fire SClence. ThlS
section shall only apply to those employees covered
hereunder who were recelvlng an educational
lncentive prlor to July 1, 1988 or who by virtue of
classes taken prior to July 1, 1988 would have
become eligible on August 1, 1988, and who
demonstrate that they are working towards a degree
from an accredlted college or unlverslty, or
(2) an A.A. or A.S. Degree from an accredited college
or university whlch includes at least 18 units in
flre science, or
(3) certlflcation as a Flre Offlcer by the Callfornla
State Flre Marshal.
C
An employee
educational
satisfactory
shall be pald $300 per
incentlve bonus for the
course work as follows:
month as
completion
an
of
(1) a B.A or B S. Degree from an accredited college or
universlty which includes at least 36 units in flre
science, or
(2) certification as a Flre Officer plus completlon of
eighteen (18) unlts of upper division management
courses elther from an accredlted college or
unlversity or through the State Fire Marshal
program plus the completlon of nlne (9) years of
service with the Santa Monica Flre Department, or
(3) certification as a Chlef Offlcer by the California
State Flre Marshal.
D. Application for the educatlonal lncentlve for either
first-time eligibles or those who become eligible for a
higher level of educatlonal lncentlve, accompanied by
elther a report card, transcript, or certlflcate of
completion by the iSSUlng agency, shall be made once all
of the requlred course work has been completed and shall
be made effective with the flrst payroll perlod followlng
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the date on which the requJxed documentation has been
submitted to the Personnel Department.
E. The Personnel Department shall administer the educational
incent~ve benefit descr~bed herein. The Personnel
Director, or his/her des~gnee, shall make the final
determination as to whether or not an employee covered by
this prov~sion qualifies for educational incent~ve and,
if sa~d employee qual~f~es, the level of educat~onal
~ncentive to be rece~ved by that employee.
3.08 Tuit~on Re~mbursement
Those employees covered hereunder who qualify for educational
incentive by v~rtue of 60 college-level semester units (or
quarter unit equ~valents), 120 college-level semester units
(or quarter un~t equivalents) or a F~ref~ghter II
cert~f~cation issued by the Cal~fornia State Fire Marshal
prior to July 1, 1990 shall be el~g~ble to receive tuition
reimbursement for courses taken as a part of the condition
set forth in Sect~on 3.07 (Educational Incentive) wh~ch
requires the employee to demonstrate that he/she ~s work~ng
e~ther towards a degree from an accred~ted college or
university or towards a h~gher level State Fire Marshal
certification. Each affected employee will be required to
spec~fy by no later than September 1, 1992 which degree or
cert~f~cate he/she will be obtaining Only those courses
wh~ch pertain to the spec~f~ed educat~onal goal will be
el~g~ble for tu~tion reimbursement. Once the affected
employee has obta~ned the specified educational goal, he/she
w~ll no longer be eligible to receive tuition reimbursement.
The following terms and cond~t~ons shall apply:
A The max~mum annual amount of tu~t~on re~mbursement per
individual employee shall not exceed $500.00 per f~scal
year (July 1 through June 30). Reimbursement shall equal
the total cost of tuition (exclusive of lodging and
meals) and the total cost of required study materials.
B. Enrollment in a course shall be approved ~n advance by
the Personnel Department to ensure that the course
qualifies for tuition reimbursement.
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C Reimbursement shall be made only ln installments upon
successful completion of prescribed units of study
requlred by approved study course.
D. In no event shall the City 's relmbursement be reduced
when there is an outSlde source of aid except in those
cases where the ald from the outside source(s) plus the
normal City reimbursement exceeds the cost of tuition and
study material for the approved study course.
3.09. Filmino/Stand-by Assignments
Personnel who volunteer to work fllming/stand-by asslgnments
shall be entitled to recelve compensatlon for a mlnimum of
8 hours at the following rates of pay:
A. For the first 8 hours - Hourly rate shall be equal to 1%
of the gross monthly salary for "E" step Fireflghter.
B. For the 9th through 12th hour - Hourly rate shall be
equal to 1-1/2% of the gross monthly salary for liE" step
Fireflghters
C. For all hours ln excess of 12 hours - Hourly rate shall
be equal to 2% of the gross monthly salary for "E" step
Fireflghter.
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ARTICLE IV. LEAVES
4.01. Paid Holidavs
Employees covered here~n shall rece~ve twelve (12) pa~d
holidays as follows:
A. Employees assigned to Suppression shall receive:
1st of January
3rd Monday of January
12th of February
3rd Monday of February
4th Monday of May
4th of July
1st Monday of September
9th of September
12th of October
4th Monday of October
Thanksglv~ng Day
25th of December
Employees ass~gned to Suppression shall rece~ve 1 day (12
hours pay) for each holiday, whether on-duty or off-duty,
Q1;: shall be entitled to "float" said l2-hour day for use
at the employee's discretion, provided 1) sa~d use is
w~th~n the fiscal year in wh~ch ~t ~s accrued, and 2} 72
hour notice is given to the on-duty Battalion Chief. If
"floated" days are not used pr~or to the end of the
fiscal year, the employee shall be paid the cash value
for sa~d floated holiday segments at the end of the
f~scal year.
B.
Employees assigned to
week) pos~~ion shall
follow~ng:
an adm~n~strat~ve
receive as paid
(40-hour work
holidays the
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
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Thanksglving Day
The Friday followlng Thanksgivlng
The half (1/2) day immedlately precedlng Christmas
25th of December
The half (1/2) day immedlately precedlng New Year's
One floating holiday (to be used at the employee's
discretlon) .
Any employee who is regularly assigned to an
admlnlstrative (40-hour work week) posltlon shall recelve
a holiday adJustment bonus equal to five percent (5%) of
the employee's base salary. This adjustment lS pald to
the employee to compensate the employee for not being
eligible to receive floatlng holidays which can be cashed
out at the end of the year. Temporary or occasional
assignment to such duty of less than thirty (30) days
duration shall not constitute regular assignment wlthln
the meaning of thls section Durlng temporary or
occasional assignment to an admlnlstrative (40-hour work
week) posltlon, an employee regularly assigned to Fire
Suppresslon shall not be deprlved of the benefits
accrulng as a Fire Suppresslon employee.
4.02. vacation
Each employee OccupYlng a regularly authorized full-tlme
position or a permanent and continuing part-tlme position in
any Job classification covered herein shall accrue vacatlon
leave wlth pay on the followlng basls. "Day" is defined in
Section 3.04 A of this MOU.
A Followlng completion of the first SlX months of
continuous serVlce, 6 days.
B. Thereafter, up to and lncludlng 5 completed years of
service, 1 day for each completed calendar month of
serVlce
C. Thereafter, up to and including 10 completed years of
service, 1.25 days for each completed calendar month
of service.
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D. Thereafter, up to and includlng 15 years of service,
1.58 days for each completed calendar month of
service.
E. Upon completion of 15 years of service and thereafter,
1 75 days for each completed calendar month of
service.
F The llmitations on the accumulation, proportlonate
accumulation, scheduling and payment for such leave
shall be as prescribed In the clvlI service provislons
of the Santa Monlca Municipal Code.
4.03. Sick Leave
A. Slck leave shall be deflned as In Sectlon 2.04.570 of the
Santa Monica MuniClpal Code hereby incorporated as If set
forth In full herein, except as follows:
Slck leave shall be defined as absence from duty because
of the employee's illness or off-the-Job lnJury, exposure
of the employee to contaglous dlsease as eVldenced by
certlflcatlon from an accepted medical authorlty, medlcal
or dental appolntments of the employee or the employee's
dependent children whlch could not be scheduled during
non-work hours, with proper advance notificatlon to the
Department Head, or lllness or lnjury of any member of
the employee's household
4 04. Leave of Absence Wlthout Pav
Such leave shall be governed by Santa Monica Municipal Code
Section 2 04.590 whlch is summarized as: An employee may be
granted a leave of absence Wl thout pay upon appllcatlon
approved by the Department Head and the City Manager. Such
leave may not exceed one year. Upon explratlon of the leave,
the employee shall be relnstated to the posltion held before
the leave was granted. Such leave shall be granted only in
those cases where an employee's record of service and
qualifications make it desirable for the Clty to retaln
his/her services even at the cost of some inconvenience to
the City.
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4.05. Jury Duty
Employees covered herein, when duly called to serve on any
jury and when unable to be excused therefrom, shall recelve
thelr regular base compensation less all jury fees recelved
excluding mileage for the time requlred to be spent in court
provlded that an indivldual employee wlll be so paid for Jury
service only once every three (3) years and shall make every
effort to cooperate wlth any request by the Department Head
to request a delay ln jury serVlce to accommodate important
department work ln progress Each employee recei vlng a
notlce to report for jury service shall lmmediately notlfy
his/her immediate supervisor.
Employees reportlng for Jury service shall be placed on a 40
hour per week schedule. If the employee was on a suppression
assignment, the Jury duty will not be consldered an
admlnlstrative asslgnment, nor would employees regularly on
flre preventlon receive an admlnistrative bonus unless they
had previously been on administratlve assignment.
Whenever dally jury duty scheduling per~lts, employees shall
return to thelr regular dally Job assignment to complete
their regular daily work hours.
4.06. Militarv Leave
Mlll tary leave shall be adminlstered in accordance wlth
applicable Federal/State codes, ordinances, and laws.
4.07. Workers' ComDensation Leave
Workers' compensatlon leave shall be ln accordance with
applicable California State Law.
4.08. Bereavement Leave
For employees regularly asslgned to an administrative (40-
hour work week) position, bereavement leave of not more than
five (5) worklng days with pay shall be provided. For
employees regularly asslgned to a Fire Suppression posltlon,
bereavement leave of not more than six (6) worklng days shall
be provlded. Bereavement leave wlll be provided absence from
duty due to the death of a member of the employee's
39
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family or the employee's household For the purposes of thlS
section, "famlly" shall include spouse, Chlld, brother,
sister, parent, parent-ln-law, son-ln-law, daughter-in-law,
step-parent, step-brother, step-slster, grandparent,
grandchild, spouse of child, spouse of step-child, step-
parent of spouse, uncle, aunt, niece and nephew.
Bereavement leave lS not a part of sick leave and no
reductlon of accumulated sick leave shall be made for the use
of Bereavement leave
4.09. Parental Leave
Employees who demonstrate that they have prlmary
responslbility for the care of a new child who requires
constant parental supervlSlon shall be entltled to a leave
of absence totallng four (4) months immedlately following the
chlld's birth or adoptlon and shall be returned to the same
Job classification occupled prior to the leave upon ltS
explratlon Paid vacatlon leave or sick leave, lf
appllcable, as well as unpald leave shall be counted toward
the four (4) month total. Paid sick leave can be used only
if the requirements of Section 2.04.570 (Slck Leave) of the
Santa ~onica Munlclpal Code are met. Addltional leave may
be requested under the provisions of this MOD governlng
leaves of absence without pay (Section 4.04).
Prlmary responsiblllty may be established by provldlng
documentatlon that the employee'S spouse lS medically
incapacitated; or that the spouse is gainfully employed
durlng the hours the employee lS normally scheduled to work
and no schedule change for the employee or spouse lS
possible; or by demonstrating other extraordlnary
clrcumstances such as the adoptlon of a dlsabled child who
requires constant parental supervision
Maternity leave lS not the same as parental leave and shall
be admlnlstered in accordance wlth State and Federal law.
4 lO. Familv Leave
The City hereby agrees to lmple~ent famlly and medlcal leave
in accordance wlth the California Family Rights Act (CFRA)
and the Federal Famlly and Medical Leave Act (FMLA) for all
employees covered herein. These statutes shall supersede and
40
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be lmplemented ln lieu of any contract language or City
pollcy/practice WhlCh provides a lesser benefit.
Before the issuance of any admlnlstratlve
pertaining to leave under the CFRA or FMLA, the
to discharge lts meet and confer obllgatlon with
41
regulatlons
Clty agrees
Local ll09.
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ARTICLE V
WORKING CONDITIONS
5.01. Safetv
The City shall provide safe, clean, and healthy Clty
facilities In accordance with appllcable Federal, State, and
local laws and regulations. The employee organizatlon agrees
that where safety devices or ltems of protective equlpment
are required or furnlshed, their use shall be mandatory.
Further, Local 1109 and the management of the Fire Department
shall meet on a quarterly basls to discuss safety or
equipment lssues or concerns.
Both partles to this Agreement agree to fully support the
Clty'S R1Sk Control Policy Sald POllCY sets forth the
City's commltment to maintaining a safe and healthy work
environment, to preventlng accidents and injuries and
minlmlzlng rlsk and loss wherever possible. Sald POllCY
outlines the safety responslbllltles of the City, City
managers and supervisors, and City employees. Further, it
shall be the obligation of employee(s) covered hereunder to
immediately report to hls/her lmmedlate superVlsor any
worklng condltlon that appears to be unsafe to the
employee(s) .
The City will provide, at no cost to the employee, Hepatltls
"B" lnoculatlons for all employees covered hereunder.
5.02. Constant StaffinG
The term "constant stafflng" shall mean the number of
personnel assigned to a platoon. It is agreed that the
current constant staffing program shall be a 29 person per
Shlft minimum and a 31 person per Shlft maXlmum staffing
level. However, the Clty, In antlclpatlon of vacancies, may
hlre 3 addltlonal flre personnel to flll antlcipated
vacanCles for a perlod not to exceed four (4) months prior
to such vacancy actually occurrlng, unless such tlme Ilmit
is specifically waived by Local l109.
It lS hereby further agreed that when the staffing strength
of a platoon is reduced below the current minimum staffing
42
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level of twenty-nine (29) and sald vacancy is malntained for
more than a sixty (60)day period, lt is expressly agreed that
the employee fllling sald vacancy shall be paid overtlme
exceptlng that the Clty is hereby given the right to declare
an lnability to flll said vacancy In the event the City
declares an lnabllity to flll said vacancy, untll such time
as the Clty fills said vacancy, the then current minimum
stafflng strength for sald platoon shall be reduced to
account for sald vacancy or vacanCles
5.03 M~ndatory Phvslcal Fitness
One and one-half hours per day shall be provided for Flre
Suppresslon personnel for cardiovascular condltlonlng,
flexlblllty exercises, and strength conditioning. Such hours
shall be scheduled at the dlscretlon of the company
commander.
5.04. Paramedic Certificatlon & Selectlon Process
It is agreed that the following procedure will be used for
selectlng members to attend paramedlc tralnlng:
A. The candldate must pass the Los Angeles County Department
of Health Services' Paramedlc School pre-test. A passing
score will be determlned by the Personnel Department
uSlng appropriate test~ng procedures and guidelines.
B. All candldates who pass the pre-test in "A" above wlll
then partlcipate in a competitive examlnatlon and
selection process developed and administered by the
Personnel Department. This examination and selectlon
process may lnclude any, or all, of the following
factors: written examlnatlon; oral examination;
promotablllty.
C. Based on the results of the examination and selection
process outlined in "B" above, the Personnel Department
will develop an ellglblllty llSt. ThlS ellglblllty list
will be good for two (2) years providing that at least
three names remaln on the Ilst If the list should
become exhausted (l.e., fewer than three names remain on
the Ilst), a new eligibillty IlSt wlll be developed in
43
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accordance with the procedure outllned in "AIF and "B"
above. Whenever a candldate is to be selected to attend
paramedic training, the Personnel Department will certlfy
the top three (3) names from the ellglbility Ilst to the
Flre Chief, who wlll then make a selection from among
those three names.
D. With the effective date of thlS MOU, any and all eXlsting
ellglbllity lists wlll be deemed exhausted and the
procedure outlined ln "A", liB" and "C" above wlll apply.
5 05. Effect of Job Performance on Salarv
The City Manager, ln exceptional cases, based upon specific
appraisal of the importance and difficulty of the work and
the experience and ablllty of the person to be employed, or
of the incumbent, may authorize entrance salarles hlgher than
the mlnlmum, and special increases above the amount
prescribed in the salary schedule for the class and length
of service of the lncumbent In no event, however, shall the
rate exceed the maximum rate for that class.
Notwithstanding any prOV1Slon contained herein, there wll!
be no increase in wages of any kind as a result of a NOT
ACCEPTABLE ratlng on the employee's prescribed perlodlc
performance ratlng. There will be no subsequent lncreases
in wages untll the NOT ACCEPTABLE rating has been improved
to at least the SATISFACTORY level. If performance is rated
NOT ACCEPTABLE an employee may be dlsmlssed from service, and
if two consecutlve performance ratings are marked NOT
ACCEPTABLE, employee shall be dismlssed by appointing
authorlty for inefficiency (SMCC Section 2.04.490) Any
rating ln the BELOW SATISFACTORY category may delay the next
scheduled salary increase at the discretion of the appolntlng
authorlty. Such action shall remain in effect until the
ratlng has been improved to at least a SATISFACTORY level
5.06. Washina Machines
It lS agreed that the City will provide, for the safety of
the members of Local 1109, washing machines and clothes
dryers in all Fire Stations, for the sole purpose of cleaning
safety clothlng, unlforms and department equlpment sOlled and
contamlnated at emergency incidents
44
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5.07. No Smokino Requirem~nt
Any employee hired on or after July 1, 1990 shall be
restricted from smoklng or chewlng tobacco both on duty and
off duty. This provlslon will be maintalned throughout sald
employee's tenure with the Santa Monica Flre Department as
a condition of employment.
All employees who currently habltually smoke or chew tobacco
may enroll ln a non-smoking cllnlc deslgnated by the Clty,
at the City's expense. As soon as any such employee has
demonstrated to the Clty that he/she has not smoked or chewed
tobacco for the past six (6) months, that employee will
receive a one-time only bonus in the sum of $250.00. At such
tlme that all such employees qualify for that bonus, and
provided that no employee in the Unlt has resumed or
commenced smoking or chewlng tobacco, each employee covered
by this Agreement who has not already received a bonus
pursuant to this Sectlon shall receive a one-time only bonus
in the form of a cash payment of $250.00.
With respect to this section, the partles agree to meet and
confer ln the event of any legal challenge to any prOVlSlon
under thlS section with respect to the defense of Local 1109
or of any offlcer or member named ln such legal challenge.
5 08. Emolovee Parklno
It lS hereby agreed that the Clty will make every effort to
malntain free parking as it presently exists for City
employees at City faclllties. If it should become necessary
for employees covered by thlS Agreement to comply with any
local, State or Federal requlrements regardlng transportation
management, the City can implement whatever actlons are
requlred. However, In no event shall the City lmplement any
actions pertainlng to charging for parking without meeting
and conferrlng wlth Local 1109 should any employee(s}
represented by Local ll09 be subJect to such a charge.
5.09
Promotlonal Examlnatlons
The provislons of Section 2.04.250 of the Santa Monica
Municipal Code (Competltive Examinations) shall apply to all
45
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promotional examlnations admlTIlstered by the Clty for Job
classifications represented by Local l109 with the followlng
exceptlon: promotabllity shall not be used as a ratlng factor
for sald promotional examinatlons, wlth no credit given for
promotablllty.
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ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
6.01. Pavroll Deductlons
It lS mutually understood and agreed that the City will,
subject to the provlslons of Ordinance 801 (CCS) and during
the term of this MOD, deduct monthly and remit to the offlce
or officer deslgnated in the employee payroll deduction
authorizatlon recognized employee organizatlon dues, credit
union lnvestments or payments, health and hospitalization
lnsurance premlums, and life and accldent lnsurance premiums.
Any or all of such payroll deductlons are subject to
termination by the City Manager upon 24 hours notlce for
fallure by Local 1109 to comply wlth the provlsions of this
MOD.
6.02. Reasonable Notice
It lS mutually agreed that Local 1109 shall receive at its
place of business a copy (vla lnterclty mall) of the City
Council and/or Personnel Board agenda for each meeting.
Local l109 shall notify the Clty as to the business address
to which such notlflcations should be sent. Further, it is
understood that said notification shall be concurrent with
the notlflcation provided the Personnel Board and Clty
Council members.
6.03 Grievance/complalnt POI1CY
A grlevance lS a complaint by one or more employees covered
by thls MOD or by the Santa Monica Firefighters Association
concerning the applicatlon or interpretation of the MOD,
ordinances, resolutlons, pollcles, practlces or procedures
affecting the employee's wages, hours and/or worklng
condltlons. ThlS grlevance and complalnt policy does not
apply to suspenslons, demotlons, and removals whlch are
subJect to the procedures outlined in Section 2.04 750 et
seq. of the Santa Monlca Munlclpal Code and which must be
pursued by the aggrieved employee(s). This grievance and
complalnt policy also does not apply to protest of
performance evaluatlons WhlCh are subject to the procedures
outllned ln Sectlon 2.04.480 of the Santa Monlca Municipal
Code and which must be pursued by the aggrieved employee(s).
47
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A. The aggrieved employee(s) shall meet with the lmmedlate
supervisor regardlng the grievance, whlch must be stated
in writing on Form F-lO, speclflcally citing the MOD,
ordinance, resolution, rule, POllCY, practice or
procedure that is the subJect of the grievance and the
circumstances giving rlse to the grievance.
B. If the grlevance is not resolved by the end of the
employee 's thlrd (3rd) regularly scheduled shift
following the Shlft on which presentatlon of the
grievance to the lmmediate supervisor occurred, the
employee may, within five (5) regularly scheduled shifts
thereafter, appeal to the second level supervisor, if
any, uSlng Form F-10.
C. If the grlevance is not resolved by the end of the
employee I s third (3rd) regularly scheduled Shlft
followlng presentation to the second level supervisor, lf
any, the employee may wlthln flve (5) regularly scheduled
Shlfts thereafter, appeal to the Flre Chlef using Form F-
lO. The Fire Chlef shall meet with the employee and the
employee r s representative to attempt to resolve the
grlevance.
D. If the grievance lS not resolved by the end of the
employee's tenth (lOth) regularly scheduled shift
followlng presentation of the Form F-10 to the Flre
Chlef, the employee may, withln five (5) regularly
scheduled shifts thereafter, appeal to the Personnel
Director, who wlll investigate the grievance and make
recommendations to the City Manager, whose decision shall
be final. The declsion of the City Manager shall be
issued no later than the end of the employee's tenth
(lOth) regularly scheduled Shlft, after the flllng of
appeal with the Personnel Dlrector.
E. For the purposes of this grlevance procedure, "shift"
shall mean the regularly scheduled twenty-four (24) hour
work period for Flre Suppresslon personnel and the
regularly scheduled work day for personnel not assigned
to the flfty-six (56) hour work week.
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All tlme periods in thlS section may be extended by
mutual consent of the employee and the management
representative lnvolved.
G. A grievance shall be consldered untimely if not presented
by the employee or the ASSOclatlon within 30 days of the
incident givlng rise to the grievance or within 30 days
of its effect upon the employee ln those instances where
it lS shown that the employee could not reasonably have
known of the grievable action
H. Employees shall have the right to be represented in
grievance matters in the following manner:
(l) Employees shall have the right to represent
themselves lndlvldually in grievance matters.
(2) Employees may designate a member of the Department
to represent them ln grievance matters at steps one
(A) and two (B) of the grievance 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 supervlsors shall be represented in grlevance
matters by one of their subordinate employees.
(5) No employees shall be represented in grievance
matters by their supervisors.
I. An employee who has lnltlated a grlevance, or assisted
another employee in lnltlatlng and/or processing a
grlevance, shall not in any way be coerced, intimidated
or dlscrlminated against.
J. Grlevances lnitiated by Local 1109 shall be submitted
directly to the Fire Chief within thirty (30) calendar
days followlng the lncident glving rlse to the grlevance
or within thirty (30) calendar days from the date on
which Local ll09 could reasonably have become aware of
said lncldent The Fire Chief shall respond to the
grievance wlthln ten (10) work days. Upon receipt of the
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Fire Chlef' s response, Local 1109 can appeal to the
Director of Personnel. Within fifteen (l5) work days of
receipt of the grievance, the Dlrector of Personnel shall
lnvestigate the grievance and make recommendations to the
City Manager, whose declslon shall be final The
decision of the Clty Manager shall be issued no later
than the end of ten (lO) work days following receipt of
the Director of Personnel's recommendations. Work day as
used ln this provlsion is deflned as the work day
assigned to forty (40) hour per week personnel.
6 04. Dlsabilitv Retlrement DlsDute Resolution Procedure
A. When a safety member of the Retlrement System applles for
a disability retlrement, and the Board of Administration
( "Board" ) of the Public Employees I Retirement System
("PERS") requests the Clty to determine whether the
applicant is lncapacitated for the performance of duty,
the Clty shall promptly perform all acts necessary,
includlng the conduct of a medical examinatlon, to
determine whether the applicant lS lncapacltated for the
performance of duty. The determlnatlon of the City shall
include an explanation of the basls for that decision.
If the City has not made that determination within l80
calendar days from the date of the Board's request, it
shall be deemed to have determined that the appllcant is
lncapacitated for the performance of duty.
B. As soon as the City has made ltS determlnation, it shall
notify the employee in writing This notice, as well as
all other notlces required by this procedure, shall be
sent to the employee's home address with a copy to hlS or
her legal representative, if any. The notificatlon shall
be accompanied by a copy of this Disability Retirement
Dlspute Resolution Procedure.
C. The employee may challenge that determlnation, or any
related decislon by the Clty regarding hls/her
disability retlrement or ltS effectlve date, by
submitting to the Clty Manager a written request for a
hearlng ThlS request must be submitted within thirty
(30) calendar days from servlce of the notice that is the
subject of the request for a hearing. If the employee
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falls to submlt such a written request within the
prescrlbed time limit, the determlnation of the Clty
shall become final and no longer subJect to appeal.
D. If the employee submlts a timely written request for a
hearlng, the matter shall be referred to the Office of
Admlnlstrative Hearings so that a hearing wlll be
conducted by an Administratlve Law Judge from that office
in accordance wlth the provisions of Section l1500, et
seq. of the California Government Code, (the
Administratlve Procedure Act). However, it shall not be
necessary for the Clty to prepare a Formal Accusation or
Statement of Issues, or for the employee to file a Notice
of Defense, as ldentifled ln that Act. Instead, the
communications described above shall replace those items
However, all discovery rights descrlbed in the Act shall
be available to the partles; the hearing shall be
conducted in accordance with the provisions of Sectlon
l15l3 of the Callfornia Government Code, the resultlng
deC1Sion shall be as speclfled ln the Act; and all time
limits prescribed in the Act shall be appllcable.
E. The Clty shall have the burden of proof that its decision
should be upheld.
F. The employee shall be entitled to a representative of
hls/her choice In the hearing. The cost of such
representatlon shall be borne by the employee.
G. Where testimony of Clty employees is involved, at least
seven calendar days advance notlce shall be glven to the
Department Head so that work asslgnments may be made
accordingly. Wherever practicable, C~ty employees needed
as witnesses shall be placed on an on-call basis and
compensated at thelr regular rates of pay of tlme spent
in the hearing.
H. The decision of the Admlnlstrative Law Judge shall be
final, subJect to judicial reVlew commenced by the
employee ln accordance wlth the provlslons of Section
11523 of the Californla Government Code.
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6.05. Tlme Off for Dnlon Business
It is hereby agreed that during the term of this Agreement
a maximum of 288 hours each fiscal year wlll be allowed (at
full pay and benefits) for use by any Local 1109
representative that may requlre time off for any
responsibilltles associated wlth employee representation.
Accountlng of said time shall be the responSlbllity of and
maintalned by the office of the Fire Chief.
Members of Local 1109 shall be permitted to attend general
membership meetings, and the City will contlnue to provide
a facility agreeable to both parties and of appropriate size
for general membership meetings whlle members are on-duty.
It lS agreed and understood that for the term of thlS
agreement the Santa Monica Flre Department will provlde space
at one of the Fire Stations where Local ll09 can maintaln lts
offices.
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j IN WITNESS WHEREOF, the partles hereto have caused this Memorandum
of Dnderstandlng to be executed this date
J-1t14j B , 1997
By:
SANTA MONICA FIREFIGHTERS
LOCAL NO. 1109 IAFF
G~a,~~
~-~
Steve Wells, Board of Directors
W~
Richard Kr~mer, Board of Direcors
jJj~ a ~
Di;!ZiIJ$ilJ
Ken polhill, Board of Dlrectors
0c.?,",- p( rA"S5::-
Dan Matthi~s, Vice President
CITY OF SANTA MONICA
APPROVED AS TO FORM:
J~Manager
b-1~Wu~
Marsha JO~)-Moutrle
Clty Attorney
Attest:
~~-~~
City Clerk
f1rel'1OW1:J
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