R-7674
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RESOLUTION NO. 7674(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE FIREFIGHTERS LOCAL l109 IAFF
WHEREAS, _-the City Administration and representatives of
the Santa Monica Firefighters Local 1109 IAFF have met and
conferred under the terms of Ordinance No. 801 (CCS) and have
reached agreement on wages, hours and other terms and conditions
of employment; and
WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the
City of Santa Monica requires preparation of a written Memorandum
of Understanding between the administration and employees if an
agreement can be reached; and
WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) further
provides that any such Memorandum of Understanding shall not be
binding unless and until presented to the governing body for
determination; and
WHEREAS, the purpose of the Memorandum of Understanding
is to promote and provide harmonious relations, cooperation, and
understanding between the city and the Santa Monica Firefighters
Local ll09 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
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of this Resolution and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
~.~E:cr-~
City Attorney
(KB. IIsmfd20")
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Adopted and approved thi
h d~~t7l~88'
C'-" v I 'Hlfyor
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I hereby certify that the foregoing Resolution No. 7674(CCS)
was duly adopted by the City Council of the city of Santa Monica
at a meeting thereof held on August 9, 1988, by the following
Council vote:
Ayes:
Councilmembers: F~nkel, Jenn~ngs, A. Katz, Zane,
Mayor conn
Noes:
Councilmembers: None
Abstain:
Councilmembers: None
Absent:
councilmembers: H. Katz, Reed
ATTEST:
))A~:W-
A~ty Clerk
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SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF
CITY OF SANTA MONICA
ARTICLE I. GENERAL PROVISIONS
1.01.
1.02.
1. 03.
Parties to Memorandum
This memorandum of understanding (MOU) is made and
entered into by and between the City of Santa Monica
(hereinafter referred to as "City") and the Santa Monica
Firefighters Local 1109 (hereinafter referred to as
"Local 1109" or "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 herein. This MOU covers these employees
in the classifications listed in Section l.04 below.
Purpose
The parties agree that the purpose of this Horr is: to
promote and provide harmonious relations, cooperation and
understanding between the City and the employees covered
herein; to provide an orderly and equi table means of
resolving differences which may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by Local ll09.
Term of Agreement
This Agreement shall be effective on July 1, 1988 and
shall remain in full force and effect until June 30,
1990. -It shall be automatically renewed from year to
year thereafter unless either party provides written
notice to the other not later than March l, 1990 and of
each subseqUent year that it desires to modify this
agreement, and specifically indicates requested
modifications.
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l.04.
1. 05.
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Union Recognition, Responsibilities, and Rights
A. Recognition - The city recognizes Local 1109 of the
International Association of Firefighters (IAFF) as
the recognized bargaining agent for the employees in
the following job classifications:
Arson Investigator
Battalion Chief
Fire Captain
Fire Engineer
Firefighter
It is the mutual understanding of the parties that
acknowledgment of Local ll09 as the recognized
employee organization:
(1)
employees in such job
representing themselves
employment relations with
Does not preclude
classifications from
individually in their
the city.
(2) Does not preclude or restrict the right of
management officials to meet and consult with-
employees in such job classifications concerning.-
their employment relations with the City.
B. Duty of Representation - Local 1109 has the duty to
fairly represent all members of the bargaining unit.
Accordingly, Local 1109 agrees and shall assume its
responsibilities as the recognized designated
representative to represent all unit employees
wi thout discrimination f interference, restraint, or
coercion.
C. Scope of Representation - The scope of representation
of the recognized employee organization shall be in
accordance with the valid laws, statutes and
ordinances of the state of California and the City of
Santa Monica.
Full Understanding, MOdification, and Waiver
The parties agree that each has had full and unrestricted
right and opportunity to make, advance, and discuss all
matters properly within the scope of representation as
outlined in Section 2.05 of Ordinance No. 801. This MOU
constitutes the full and complete agreement of the
parties. Each party, for the term of this MOU,
specifically waives the right to demand or petition for
changes herein; however, both parties may mutually agree
to meet and confer over items and issues contained
herein.
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1.06.
1. 07.
1.08.
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Management Rights
The City retains all rights not specifically delegated by
this agreement, including, but not limited to the
exclusive right to:
discipline,
and retain
direct, supervise, hire, promote, suspend,
discharge, transfer, assign, schedule,
employees;
relieve employees from duties because of lack of work or
funds, or under conditions where continued work would be
inefficient or nonproductive;
determine services to
performed, utilization
budgetary matters;
be rendered, operations to be
of technology, and overall
determine
personnel
conducted;
the appropriate jOb classifications and
by which government operations are to be
determine the overall mission of the unit of government;
maintain and improve the efficiency and effectiveness of.-
government operations;
take any necessary actions to carry out the mission of an
agency in situations of emergency; and
take whatever other actions may be necessary to carry out
the wishes of the public not otherwise specified above or
by collective agreement and perform all other functions
not specifically made Subject to the meet and confer
process elsewhere in this MOU.
Peaceful Performance of City Services
For the duration of this agreement, the city agrees not
to lock out employees represented by Local 1109; and
Local 1109 agrees to abide by section 4.04 (A-C) of
Ordinance 801.
Validity of Memorandum of Understanding
If any provision of this MOU is determined to be invalid
or illegal by a court of competent jurisdiction, then
such provision shall be severed from this MOU, but the
remainder hereof shall remain in full force and effect.
The parties hereto shall immediately commence to, in good
faith, negotiate for the purpose of replacing any such
invalid or illegal provision.
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L09.
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Should any change be made in any Federal or state law, or
in any rules and regulations impleMenting such
legislation, or in any City Charter provision which would
be applicable and contrary to any provision herein
contained, then such provision of this MOU shall be
automatically terminated, but the remainder of this MOU
shall remain in full force and effect. Such legislation
and/or rules and regulations shall supersede this MOU and
applicable clauses shall be substituted for those ruled
invalid or illegal. The parties hereto shall immediately
commence to negotiate for the purpose of replacing any
such invalid or illegal provision. Notwithstanding the
foregoing, the parties agree to make no change in wages,
benefits, accumulation of sick leave or vacation during
the term of this MOU, other than those specified in this
MOU.
Equal Employment
The City and Local 1109 will fully comply with the letter
and spirit of all applicable Federal, State and local
laws, rules and regulations governing equal employment
opportunity and with the City's current Affirmative
Action Program and current policy on Sexual Harassment"
Which are incorporated by reference herein. The City and.
Local 1109 will strive to achieve a workplace free of
bias and neither party will support or condone
manifestations of prejudice by employees covered
hereunder.
Local ll09 and the City agree to form a joint labor-
management Affirmative Action Committee for the purpose
of developing programs to facilitate the implementation
of the City'S Affirmative Action program and the
achievement of Affirmative Action goals and objectives.
The Personnel Director shall serve as the chairperson of
the Affirmative Action Committee, and Local 1109 shall
appaint the co-Chairperson. Said Committee shall consist
of up to a total of ten (10) members. Five members of
the Affirmative Action Committee, including the
co-Chairperson, will be appointed by Local 1109. The
Personnel Director and four addi tional management
representatives to be selected by the Personnel Director
shall comprise the five management representatives to the
Affirmative Action Committee.
Definitions
The following definitions are to be applied in the
interpretation of this MOU:
A. "Salary Range" shall mean the normal five-step (A
through E) hourly or monthly pay scale (and the
bi-weekly equivalent) assigned to each employment
position represented by Local 1109.
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B. "Salary Range steps A through E" shall mean and be
established to bear the fOllowing percentage
relationship to Salary Range Step E computed to the
nearest dollar, with attainment based upon the
fOllowing amounts of service in the position:
step A - 8l% of Step E - During first year
of employment
step B - 85% of step E - During second year
of employment
step C - 90% of step E - During third year
of employment
Step 0 - 95% of step E - During fourth year
of employment
step E - After fourth year of employment
c. "Nearest Dollar" shall mean the next lower dollar in
a monthly rate when the computed amount is 50 cents
or less and the next higher dollar when the computed
amount is 51 cents or more.
D. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into a
position in the classified service of the City of
santa Monica, either by original employment,~
re-employment or promotion. The date of entrance for."
employees with broken service shall be considered as
that date on which the last unbroken service was
effective.
E. "Satisfactory Service" shall mean the attainment of
an OVerall Performance Rating of not less than
"Satisfactory" on the performance report immediately
preceding the employee's date of entrance
anniversary.
F. "Hours of work" shall mean the established hours of
work for suppression personnel, fire prevention
personnel, and personnel assigned to administrative
duties.
(l) Personnel assigned to Suppression shall work 24
- hour shifts, and an annual average of 56 hours
a week, based on a 28 day work period.
(2) Personnel assigned to Fire Prevention,
administrative or special duties/details shall
work no less than 40 hours a week on a schedule
convenient to the department and approved by the
department head.
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G. "Pay status" shall include regularly assigned work
hours actually performed. In addition, pay status
shall also specifically include pay for time not
worked such as sick leave (including bereavement
leave), vacation, holidays, compensatory time off,
jury duty, worker's compensation leave, and military
leave.
H. "Working day" shall mean 12 hours for Fire
Suppression and 8 hours for administrative
employees. This definition shall apply to accrual of
benefits only.
I. "Work Period" shall mean a recurring 28 day period,
the first of which commenced at 0800 hours on Sunday,
April 13, 1986.
Payment for Time Not Worked at Termination of City
Employment
Payment for time not worked at termination or separation
of City employment shall be calculated on an hour for
hour basis at lOO' of the employee's salary.
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ARTICLE II. COMPENSATION
2.01.
Effective Date of Pay Increase
Notwithstanding any other provision contained herein,
changes in salary rates shall become effective on the
first day of the payroll period closest to the effective
date stated herein.
2.02. Salaries
A. Effective July 1, 1988, the salary ranges shall be
adjusted to:
A B C 0 E
FIREFIGHTER 2549 2675 2831 2989 3147
FIRE ENGINEER 2978 3125 3308 3493 3676
FIRE CAPTAIN 3462 3633 3847 4060 4275
BATTALION CHIEF 4021 4220 4468 4716 4965
ARSON INVESTIGATOR 3462 3633 3847 4060 4275
B. Cost-of-living adjustments shall be made as follows:
(l) In addition to the adjustment in 2.02.A, above:
EFFECTIVE July l, 1988 -- 3.5%.
(2) EFFECTIVE January l, 19B9 -- 2%.
(3) EFFECTIVE July 1, 1989 -- the salary ranges
shall be adjusted by a minimum of 4%, OR, if
higher, by an amount equal to the percentage
- increase in the "cost of living" as measured by
the Consumer Price Index (for Urban Wage Earners
and Clerical Workers, 1967=100) for Los
Angeles-Long Beach, california, published by the
U.S. Department of Labor, Bureau of Labor
Statistics, for the base period May, 1988, to
May, 1989. However, in no event shall said
adjustment exceed 8%.
Additionally, an average percentage increase in
wages only based upon the average increases for
the comparable position classifications of
Firefighter in the cities of Beverly Hills,
Burbank, Culver City, Downey, Glendale,
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Hawthorne, Inglewood, Long Beach, Pasadena,
pomona, and Torrance which shall be calculated
as follows: by averaging the percentage wage
increases for the July l, 1989 through June 30,
1990 period of the first 9 cities to finalize an
agreement (by ratification and adoption by city
council). IF said calculated average is higher
than both the 4% minimum and the CPI adjustment
(as calculated in the above paragraph), an
additional adjustment of the difference between
the "cities" amount (but not to exceed 8%) and
the higher of the 4% minimum or the "CPI" amount
will be made and shall be granted retroactive to
July l.
(Example:
If "Cities" average == 9%, then:
8% minus higher of 4% or "CPI" adj. == Additional
Adjustment)
If "cities" average == 6.5%, then:
6.5% minus higher of 4% or "CPI" == Additional
Adjustment)
Overtime
Overtime for all employees covered in this agreement
shall mean those hours worked in excess of 40 hours per
week for members assigned to administrative duties or
f ire prevention, or those hours in excess of an annual
average of 56 hours per week, exclusive of all trades of
time for employees in the Fire Suppression Service.
Hours worked for purposes of this section shall include
hours actually worked, vacation, sick leave (including
bereavement leave), compensatory time, holiday time
taken, exchange of time that was regularly scheduled but
not worked; but it shall exclude hours actually worked in
lieu of any exchange days.
A. Overtime shall be computed for actual time worked at
one and one-half times the employee's applicable rate
of pay for all classes represented herein.
B. An employee called out other than during his/her
regular working hours for emergency work shall be
compensated for a minimum of 4 hours at time and
one-half.
C. An employee called out other than during his/her
regular work hours for non-emergency work shall be
compensated for a minimum of 3 hours at time and
one-half.
D. An employee who has completed his/her regular shift
and is retained at work is in a hold-over status and
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shall be compensated for at a minimum of 2 hours at
time and one-half.
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2.04.
2.05.
2.06.
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E. An authorized departmental management official may
grant compensatory time-off in lieu of paid overtime.
If an employee so elects to accrue compensatory time,
said time shall be accrued at the rate specified in
Subsection A, above. However, any time worked as
part of an exchange of time arrangement shall not be
considered overtime nor compensatory time and shall
be valued on a straight time basis.
Off-Duty Court Appearances
If an employee appears in court while off-duty in
response to a subpoena or directive in relation to a
matter that arose during the course and scope of
employment, the employee shall receive a minimum overtime
compensation of three (3) hours pay at the rate of one
and one-half times the employee's applicable hourly rate.
Court standby
Whenever an employee has been placed in an on-call or
standby status while off duty in response to a subpoena
or directive in relation to a matter that arose during
the course and scope of employment, the employee shall.
receive compensation as follows:
A. For the first court session (either morning or
afternoon) during a calendar day, the employee shall
receive an amount equal to two (2) hours of
compensation at the straight time rate;
B. For the second court session on that calendar day,
the employee shall receive compensation on an hour
for hour basis at the straight time rate.
Compensatory Time Off & Exchanqe of Time
The guidelines agreed to by Local ll09 and Fire
Department Management on November l, 1984 shall remain in
full force and effect, with the fOllowing changes:
A. There shall be no limit placed on exchange, accrued
or compensatory time off.
B.
Members -wishing to use compensatory (accrued)
off or exchange time need only provide one
replacement name.
time
(1)
C.
The value of all compensatory (accrued) time
floating holiday time not taken by the end of
fiscal year shall be paid to the employee at the
of each fiscal year, at the rate in effect at the
of the fiscal year.
and
the
end
end
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2.07.
Administrative Adjustment/Staff Bonus
Any employee who is regularly assigned to a 40-hour work
week in the Fire Prevention Bureau, in the Administrative
office of the Fire Chief, or the Training Division of the
Santa Monica Fire Department shall receive an
Administrative Assignment Adjustment according to the
following schedule:
Firefighter
Fire Engineer
Fire Captain
Battalion Chief -
$130/mo
$155/mo
$180/mo
$2lo/mo
However, in lieu of the above, the individuals who serve
in the below listed assignments shall be paid the
following Staff Bonus:
staff Battalion Chief
Fire Marshal
Training Officer
capt. - Hazardous Mat. -
$625/mo
$4l5/mo
$41S/mo
$415/mo
Temporary or occasional assignment to such duty of less-
than thirty (30) days duration shall not constitute.-
regular assignment within the meaning of this section.
During temporary or occasional assignment to 40-hour work
week in the Fire Prevention Bureau, in the Administrative
Office of the Fire Chief, or the Training Division an
employee regularly assigned to Fire Suppression shall not
be deprived of the benefits accruing as a Fire
Suppression employee.
2.08. Paramedic Bonus
A. Employees who are regularly assigned to paramedic
duties shall be compensated as follows:
(1) $200jmo upon initial assignment to said duties.
Said bonus shall be paid at the beginning of the
first payroll period following assignment to
- such duties or to special qualification
schooling concerning paramedic duty.
(2) $300/mo upon initial recertification of skills
required by the Los Angeles County Health
Department for paramedic duties. Said bonus
shall be paid at the beginning of the first
payroll period following the date of
notification to Payroll of the initial
recertification of paramedic skills.
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2.09.
2.10.
2.11.
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(3) $400jmo upon second recertification of skills
required by the Los Angeles County Health
Department for paramedic duties. Said bonus
shall be paid at the beginning of the first
payroll period following the date of
notification to Payroll of the second
recertification of paramedic skills.
(4) While on paramedic qualification school
assignment, an employee shall be treated in all
other respects as being assigned to the Fire
Suppression Division and shall receive all
benefits incidental thereto, except that such
employees shall not be entitled to the "40 hour
work weekfl bonus pravided by section 2.07.
EMT Bonus
Each member who holds a current EMT-IF.S. certificate or
Los Angeles County Paramedic certification shall be
eligible for a bonus of $75jmonth. In order to maintain
this benefit, the member must maintain a current
certification through the term of this agreement.
Promotional Pay Rate
In the event that the rate of pay being received by an
employee being promoted is equal to or greater than the
entrance salary of the position, the employee's salary
shall be increased to the next higher rate to that
attained in the former position. In the event the
promotion is to a supervisory position, the employee
promoted shall receive not less than the next higher rate
above the highest rate being paid to subordinates.
Acting Pay
The following procedures will be followed when acting out
of grade (Acting Battalion Chief, Acting Captain, Acting
Eng ineer) :
A. No member may work down in grade (Example: Engineer
as Firefighter, Captain as Engineer).
B. No platoon may have more than 2 acting members at one
time.
c. Normally, acting members will fill the position
needed to be filled on hiS/her assigned company only.
D. No Member who is working overtime will be assigned to
work out of grade, unless no other qualified member
is available.
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E. Members will be assigned to an acting position as
follows:
(1) Members on a current promotional list will be
assigned to a position for which he/she is
qualified. (Example: A member on the
engineer's list is assigned to act as an
engineer. )
(2) If more than one member on a company is on a
promotional list, they will alternate on a cycle
basis.
(3) If no members of a company are on a promotional
list, the Battalion Chief and Captain of each
company shall select the member most qualified
to fill the position. An up-to-date list of
acting members shall be kept in the Battalion
Chief's office and up-dated regularly.
F. Members assigned to work out of grade (Acting) shall
receive the salary for the position they are filling
as if they had been promoted to that position, and
shall be paid on a hour for hour basis.
Y-ratinq
When a personnel action, e.g.: demotion due to layoff or
reclassification, results in the lowering of the
incumbent employee's salary range, the incumbent
employee's salary may be Y-rated. "Y-rated" shall mean
the maintenance of the incumbent employee's salary rate
at the level effective the day preceding the effective
date of the personnel action placing the employee in a
lower salary range. The employee's salary shall remain
at such level until the salary range of the new
classification equals or exceeds the Y-rate salary.
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ARTICLE III. SUPPLEMENTAL BENEFITS
3.01.
Medical Insurance
Effective July l, 1988, The City agrees to pay up to a
maximum of $253 per month towards the cost of medical
insurance coverage for employees and eligible dependents
provided that employees covered hereunder participate in
the City-offered medical insurance programs. Any extra
payment required under such plans shall be paid by the
employee electing such coverage.
Effective July l, 1989, the maximum amount up to which
the City agrees to pay towards the cost of medical
insurance coverage will be equal to the highest medical
insurance premium cap established for any of the City's
other bargaining units. (NOTE: under this provision,
those employees covered by what is known as the
"Executive Pay Plan" are not considered to be a city
bargaining unit). All other provisions outlined in-
paragraph one of this section shall still apply.
3.02.
Dental insurance coverage shall be provided at no eost to
employees and their eligible dependents provided that
employees covered hereunder participate in the
City-offered dental insurance programs.
Retirement
The City is a contract member of the Publ ic Employees'
Retirement System (PERS), and it is understood and agreed
that such membership will be maintained and that employee
eligibility, classification, contributions, and benefits
are as preser ibed in the contract between the city and
the PERS heretofore approved by the Santa Monica Ci ty
Council. Further, the city agrees to pay the employee's
contribution (9%) to the retirement system, and to
maintain the single highest year provision as well as the
widow/widowers and orphans clause.
3.03. Tuition Reimbursement
It is agreed that the city will budget annually an amount
equal to $10.00 per employee in the appropriate unit for
tuition and required study material reimbursement for
career improvement study approved by authorized
management officials. Reimbursement shall equal the
total cost of tuition (exclusive of lodging and meals)
and the total cost of required study materials, provided
however, that:
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3.04.
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(a) Enrollment in the career improvement study course
shall be approved in advance by an authorized
management official~
(b) The study course must be directed to qualification
for an employment position represented in the City
work force;
(c) The employee must exhibit some reasonable expectation
of qualifyinq for such position upon successful
completion of the study course;
(d) Reimbursement shall be made only in installments upon
successful completion of prescribed units of study
required by approved study course; and
(e) In no event shall the City's reimbursement be reduced
when there is an outside source of aid except in
those cases where the aid from the outside source(s)
plus the normal City reimbursement exceeds the cost
of tuition and study material for the approved study
course.
(f) If approved tuition reimbursement costs exceed the
budgeted amount as described above, the reimbursed-
costs will be prorated so as not to exceed the-
budgeted amount.
(q) The maximum annual amount of reimbursement per
individual employee shall not exceed $500.00 per
fiscal year (July l-June 30).
Uniform Allowance
Employees covered hereunder shall be paid a uniform
maintenance allowance of $40.00 per month.
The city agrees to furnish required safety equipment,
safety pants and safety boots, as needed. The employee
shall have the option of receiving two pairs of safety
boots or one pair of safety boots and one pair of
departmental approved oxfords.
The City agrees to replace, as needed, not more than one
work shirt and 2 patches per employee per year.
After 1700 hours, or at the discretion of the Company
Commander, members may wear (in lieu of the complete work
uniform) navy blue sweat shirts, white "T" shirts,
"baseball" style caps with the wording "Santa Monica Fire
Dept." embroidered on the front. Members in contact with
the public shall appear in the complete work uniform.
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3.05.
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Sick Leave BUy Back Program
Employees covered herein will have the option to receive
payoff for unused sick leave under the following
conditions:
A. Definitions
(1) "sick Leave Bank" or "Bankl1, shall mean sick
leave earned in years prior to the Accrual Year.
(2) I1Accrual Year" shall mean the fiscal year in
which Payable Sick Leave is earned.
(3) "Payable sick Leave" shall mean that portion of
the sick leave unused in this year's accruals.
(4) "Base Hourly Rate" shall mean the hourly pay,
excluding any special assignment or bonus pay,
which would have been effective in the last pay
period of the Accrual Year preceding the
effective date of the negotiated increase for
the next fiscal year.
(5) "Day" shall mean l2 hours for Fire Suppress ion- .
employees and 8 hours for 40 hour per week-
employees.
B. To be eligible to receive payoff an employee must
have a minimum Sick Leave Bank of twenty-two (22)
days.
c. An employee with the required Bank (and years of
service as of the end of the Accrual Year) will be
eligible to sell unused sick leave earned during an
Accrual Year according to the following schedule:
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Less than lO Completed Years
of Service with Santa Monica
10 or More Completed Years
Service with Santa Monica
Days Used
Unused Days
Available for Pay
Days Used
Unused Days
Available for Pay
0 6 0 9
1 5 1 8
2 4 2 7
3 3 3 6
4 2 4 5
5 1 5 4
6 or more 0 6 3
7 2
8 1
9 or more 0
D. Payoff shall be made at the Base Hourly Rate.
E. sick leave for which payoff is received shall be-
considered frusedfr in that it will not be added to the-'
Bank (or if added to the Bank prior to the payoff-
date, shall be removed from the Bank).
F. Each employee eligible for payoff will elect whether
to take payoff or to add the Payable Sick Leave to
the Bank. The election will be made prior to June
30th of each Accrual Year.
G. Payoff for an Accrual Year will be available only to
those employees on the payroll July lst of the
following Accrual Year, with the exception that those
employees who retire on a Service Retirement, or who
are involuntarily separated due to lack of funds
(layoff), during the Accrual Year shall be given the
opportuni ty to recei ve payoff on a pro-rata basis.
Employees who separate from City service other than
by retirement or by layoff shall not be eligible for
payoff. -
The pro-rata payoff referenced above shall be
computed as follows:
(I) For employees with less than 10 completed years
of service the formula will be Total sick Leave
Days Earned in Accrual Year multiplied by .5,
minus Total sick Leave Used in Accrual Year.
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3.06.
3.07.
3.08.
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(2) For employees with more than 10 completed years
of service, the formula will be Total Sick Leave
Days Earned in Accrual Year multiplied by .75,
minus Total Sick Leave Used in Accrual Year.
H. It is hereby mutually agreed that the sick leave
accrual rate shall be limited to one day per month of
satisfactory service. This provision applies to all
employees of the bargaining unit covered by this MOU
whether or not the individual employee elects to
receive payoff annually. The Sick Leave Bank for
each employee shall henceforth be limited to unused
sick leave days maximum. Sick leave days tfbanked" by
employees covered herein prior to the implementation
date of this agreement are not to be reduced by this
accrual limitation. However, if the employee's Sick
Leave Bank is greater than l30 days, no further sick
leave shall be added to the Bank until the Bank drops
below the l30 day maximum, at which time the employee
may "bank" up to the maximum l30 days.
Deferred Compensation
It is hereby agreed that employees covered herein will be
offered participation in the City'S deferred compensation-
plan.
Mileage Reimbursement
Reimbursement to employees for authorized use of personal
automobiles on City business shall be at the rate
established by the City Council.
Educational Incentive
An education incentive bonus is paid to employees in the
classifications of Firefighter, Fire Engineer, Fire
captain and Battalion Chief, covered hereunder as
follows:
A. An employee shall be paid $100 per month as an
educational incentive bonus for the completion of
certain specified course work as follows:
(1) satisfactory credit for 60 college-level
semester units (or quarter unit equivalents), at
least 16 of which units shall be in fire service
related subjects. This section shall only apply
to those employees who were receiving an
educational incentive prior to July l, 1988 or
who by virtue of classes taken prior to July l,
1988 would have become eligible on August l,
1988, or
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(2)
an A.A. or A. S. degree
related field from an
university, or
in Fire Science or a
accredited college or
(3) certification as a Firefighter II by the
California state Fire Marshal.
B. An employee shall be paid $185 per month as an
educational incentive bonus for the completion of
certain specified course work as follows:
(1) satisfactory completion of 120 cOllege-level
semester units (or quarter equivalents) at least
32 of which units shall be in fire service
related subjects. This section shall only apply
to those employees covered hereunder who were
receiving an educational incentive prior to July
1, 1988 or who by virtue of classes taken prior
to July 1, 1988 would have become eligible on
August 1, 1988, or
(2) a B.A. or B.S. Oegree in Fire Science or related
field from an accredited college or university,
or
(3) certification as a Fire Officer by the.
California state Fire Marshal.
C. An employee shall be paid $250 per month as an
educational incentive bonus far the completion of
satisfactory course work as follows:
(l) a M. S. or M.A. Degree in Fire science,
Management, Public Administration or a related
field from an accredited college or university,
or
(2) certification as a Chief Officer by the
California state Fire Marshal.
o. In order to maintain this bonus, the employee must
have either:
(l) attained credit (at a grade of "C" or "Pass" or
better) for at least three (3) additional fire
serVice or job related semester units (or
quarter unit equivalents) at an accredited
college or university each contract year. These
units cannot be a repeat of (or similar to) a
course taken within the last three (3) years, or
(2) receive 40 hours of training at a Department
authorized school or combination of schools each
contract year (including department authorized
professional seminars available during off-duty
hours, including those offered on-site).
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3.09.
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E. Application for the educational incentive,
accompanied by either a report card, transcript, or
certificate of completion by the issuing agency,
shall be made once annually, on August 1, each year
and shall be made effective with the first payroll
period following that date. The Personnel Department
shall administer the educational incentive benefit
described herein. The Personnel Director, or his/her
designee, shall make the final determination as to
whether or not an employee covered by this provision
qualifies for educational incentive and, if said
employee qualifies, the level of educational
incentive to be received by that employee.
Filming/stand-by Assignments
Personnel who volunteer to work filming/stand-by
assignments shall be entitled to receive compensation for
a minimum of 8 hours at the following rates of pay:
A. For the first 8 hours - Hourly rate shall be equal to
l% of the gross monthly salary for nEn step
Firefighter.
B. For the 9th through 12th hour - Hourly rate shall be-
equal to l-l/2% of the gross monthly salary for "E".
step Firefighters.
c. For all hours in excess of 12 hours - Hourly rate
shall be equal to 2% of the gross monthly salary for
"En step Firefighter.
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ARTICLE IV. LEAVES
4.01. Paid Holidays
Employees covered herein shall receive twelve (l2) paid
holidays as follows:
A. Employees assigned to Suppression shall receive:
lst 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
l2th of october
4th Monday of October
Thanksgiving Day
25th of December
Employees assigned to Suppression shall receive 1 day
(l2 hours pay) for each holiday, whether on-duty or-
off-duty, or shall be enti tIed to "float" said.'
l2-hour day for use at the employee's discretion,
provided 1) said use is within the fiscal year in
which it is accrued, and 2) 72 hour notice is given
to the on-duty Battalion Chief. If "floated" days
are not used prior to the end of the fiscal year, the
employee shall be paid the cash value for said
floated holiday segments at the end of the fiscal
year.
B. Employees assigned to Prevention or Administrative
duties shall receive as paid holidays the following:
1st of January
3rd Monday of January
12th of February
3rd Monday of February
4th-Monday of May
4th of July
1st Monday of september
Thanksgiving Day
The Friday following Thanksgiving
The half (1/2) day immediately preceding Christmas
25th of December
The half (1/2) day immediately preceding New Year's
One floating holiday (to be used at the employee I s
discretion) .
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4.02.
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Vacation
Each employee occupying a regularly authorized full-time
position or a permanent and continuing part-time position
in any job classification covered herein shall accrue
vacation leave with pay on the following basis. "Day" is
defined in Section 3.05.A. of this MOU.
A. FOllowing completion of the first six months of
continuous service, 6 days.
B. Thereafter, up to and including 5 completed years of
service, 1 day for each completed calendar month of
service.
c. Thereafter, up to and including 10 completed years of
service, 1.25 days for each completed calendar month
of service.
D. Thereafter, up to and including l5 years of service,
1.58 days for each completed calendar month of
service.
E.
Upon completion
thereafter, 1.75
month of service.
of
days
15 years of service and
for each completed calendar-
F. The limitations on the accumulation, proportionate
accumulation, scheduling and payment for such leave
shall be as prescribed in the civil service
provisions of the Santa Monica Municipal Code.
G. The following procedures will be followed when
selecting vacations:
(l) The Battalion Chiefs will not be included on the
vacation list, nor be counted as vacationing
members.
(2) Vacations will be selected by seniority (date of
hire).
(3) - The following platoon days are not available for
vacation selection:
December 24th
December 25th
December 31st
January lst
(4) Only two vacation periods marked with asterisks
may be chosen, when vacation days are not in
consecutive order.
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4.03.
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(5)
No more than 4 members shall be permitted
vacation from anyone platoon on anyone day.
This includes segment picks.
No more than 2 captains from the same platoon
shall be permitted on vacation at anyone time,
including segment shifts.
Members are advised to select their vacations
carefully, as exchange of vacations will be in
cases of emergency only, pursuant to Section 30
of the Rules and Regulations.
Each member will select his/her vacation when it
is his/her turn to pick as follows:
(6)
(7)
(8)
(a) In consecutive order (total time not to
exceed 31 days).
(b) All vacations must be taken in 3
consecutive shift increments.
(c) Any remaining allotments may be used at
the employee'S discretion, provided
he/she does so prior to September lst.
If a member chooses to float vacation days for
use later in the year, the following guidelines
must be followed: All vacation shall be
scheduled or the department notified in writing
of intended use prior to september 1 of the
vacation year. Float days may only be taken if
a vacant line appears on the desired day.
(9) Odd vacation days as well as float vacation
segments shall be placed on the vacation list
and approved after every member has made their
initial choice, on a first-come, first-serve
basis. The request for float vacation use must
be received in the platoon commander's office by
1200 hours of the member's last regular on-duty
shift prior to the requested vacation.
(lO) It is agreed to establish a joint committee (2
association members, 1 appointee of the Chief
and- 1 representative of the Personnel
Department) to evaluate and formulate new
vacation selection methods, with a 1989
(vacation year) implementation date.
sick Leave
sick leave shall be defined as in section 21041 of the
Santa Monica Municipal Code hereby incorporated as if set
forth in full herein.
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4.04.
4.05.
4.06.
4.07.
4.08
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Leave of Absence without Pay
Such leave shall be governed by Santa Monica Municipal
Code section 2104K which is summarized as: An employee
may be granted a leave of absence without pay upon
application approved by the Department Head and the city
Manager. Such leave may not exceed one year. Upon
expiration of the leave, the employee shall be reinstated
to the position held before the leave was granted. Such
leave shall be granted only in those cases where an
employee's record of service and qualifications make it
desirable for the city to retain his/her services even at
the cost of some inconvenience to the city.
Jury Duty
Any line-item employee covered herein, when duly called
to serve on any jury and when not excused therefrom,
shall receive the regular base compensation less all jury
fees received excluding mileage for the time required to
be spent under the jurisdiction of the court. Each
employee receiving a notice to report for jury service
shall immediately notify his/her immediate supervisor.
Employees reporting for jury service shall be placed on a-
40 hour per week schedule. If the employee was on a.-
suppression assignment, the jury duty will not be
considered an administrative assignment, nor would
employees regularly on fire prevention receive an
administrative bonus unless they had previously been on
administrative assignment.
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Military Leave
Military leave shall be administered in accordance with
applicable Federal/State codes, ordinances, and laws.
Workers' Compensation Leave
Workers' compensation leave shall be in accordance with
applicable California state Law.
Bereavement Leave
Bereavement Leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate family,
meaning spouse, child, brother, sister, parent,
parent-in-law, step-parent, step-brother, step-sister,
son-in-law, daughter-in-law, grandparent, grandchild or
any other relative living in the same household.
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Bereavement Leave is not a part of sick leave and no
reduction of accumulated sick leave shall be made for the
use of Bereavement Leave.
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ARTICLE V. WORKING CONDITIONS
5.01.
5.02.
5.03.
safety
The City shall provide safe, clean, and healthy city
facilities in accordance with applicable Federal, state,
and local laws and regulations. The employee
organization agrees that where safety devices or items of
protective equipment are required or furnished, their use
shall be mandatory. Further, Local l109 and the
management of the Fire Department shall meet on a
quarterly basis to discuss safety or equipment issues or
concerns.
The City will
Hepatitis "B"
hereunder.
provide, at
inoculations
no cost
for all
to the employee,
employees covered
constant Staffing
The term "constant staffing" shall mean the number of--
personnel assigned to a platoon. It is agreed that the
current constant staffing program shall be a 29 person
per shift minimum and a 31 person per shift maximum
manning level. However, the City, in anticipation of
vacancies, may hire 3 additional fire personnel to fill
anticipated vacancies for a period not to exceed 4 months
prior to such vacancy actually occurring, unless such
time limit is specifically waived by Local 1109.
It is hereby further agreed that when the staffing
strength of a platoon is reduced below the current
minimum staffing level of 29 and said vacancy is
maintained for more than a 60 day period, it is expressly
agreed that the employee filling said vacancy shall be
paid overtime excepting that the City is hereby given the
right to declare an inability to fill said vacancy. In
the event the city declares an inability to fill said
vacancy, until such time as the city fills said vacancy,
the then current minimum staffing strength for said
platoon shall be reduced to account for said vacancy or
vacancies.
Mandatory Physical Fitness
One and one-half hours per day shall be provided for
suppression perso~nel for cardiovascular conditioning,
flexibility exerc1ses, and strength conditioning. Such
hours shall be scheduled at the discretion of the company
commander.
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5.04.
5.05.
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Paramedic certification & Selection Process
It is agreed that the following procedure will be used
for selecting members to attend paramedic training:
A. The candidate must pass the Los Angeles County
Department of Health services' Paramedic School
pre-test. A passing score will be determined by the
Personnel Department using appropriate testing
procedures and guidelines.
B. All candidates who pass the pre-test in "AU above
will then participate in a competitive examination
and selection process developed and administered by
the Personnel Department. This examination and
selection process may include any, or all, of the
following factors: written examination; oral
examination; promotability.
c. Based on the results of the examination and selection
process outlined in "B" above, the Personnel
Department will develop an eligibility list. This
eligibility list will be good for two (2) years
providing that at least three names remain on the
list. If the list should become exhausted (Le.,
fewer than three names remain on the list), a new~-
eligibility list will be developed in accordance with
the procedure outlined in "A" and "B" above.
Whenever a candidate is to be selected to attend
paramedic training, the Personnel Department will
certify the top three (3) names from the eligibility
list to the Fire Chief, who will then make a
selection from among those three names.
D. with the effective date of this MOU, any and all
existing eligibility lists will be deemed exhausted
and the procedure outlined in "A", "B" and "c" above
will apply.
Effect of Job Performance on Salary
The City Manager, in exceptional cases, based upon
specific appraisal of the importance and difficulty of
the work and the experience and ability of the person to
be employed, or of the incumbent, may authorize entrance
salaries higher than the minimum, and special increases
above the amount prescribed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any prov1s10n contained herein, there
will be no increase in wages of any kind as a result of a
NOT ACCEPTABLE rating on the employee's prescribed
periodic performance rating. There will be no subsequent
increases in wages until the NOT ACCEPTABLE rating has
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5.06.
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been improved to at least the SATISFACTORY level. If
performance is rated NOT ACCEPTABLE an employee may be
dismissed from service, and if two consecutive
performance ratings are marked NOT ACCEPTABLE, employee
shall be dismissed by appointing authority for
inefficiency (SMCC section 2104Al). Any rating in the
BELOW SATISFACTORY category may delay the next scheduled
salary increase at the discretion of the appointing
authority. Such action shall remain in effect until the
rating has been improved to at least a SATISFACTORY
level.
Washin9 Machines
It is agreed that the City will provide, for the safety
of the members of Local 1109, washing machines and
clothes dryers in all Fire Stations, for the sole purpose
of cleaning safety clothing, uniforms and department
equipment soiled and contaminated at emergency incidents.
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ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
6.01.
6.02.
6.03.
Payroll Deductions
It is mutually understood and agreed that the City will,
subject to the provisions of Ordinance 801 (CCS) and
during the term of this MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorization recognized employee organization
dues, credit union investments or payments, health and
hospitalization insurance premiums, and life and accident
insurance premiums. Any or all of such payroll
deductions are subject to termination by the City Manager
upon 24 hours notice for failure by Local 1109 to comply
with the provisions of this MOU.
Reasonable Notice
It is mutually agreed that Local 1109 shall receive at
its place of business (station #3, 1302 19th street) a
copy (via intercity mail) of the City council and/or
Personnel Board agenda for each meeting. Further, it is
understood that said notification shall be concurrent
wi th the notification provided the Personnel Board and-
City Council members.
Grievance/Complaint Policy
A grievance is a complaint by one or more employees
covered by this MOU or by the Santa Monica Firefighters
Association concerning the application or interpretation
of the MOU, ordinances, resolutions, policies, practices
or procedures affecting the employee's wages, hours
and/or working conditions. This grievance and complaint
policy does not apply to suspensions, demotions, and
removals which are subject to the procedures outlined in
Section 2106B et seg. of the Santa Monica Municipal Code
and which must be pursued by the aggrieved employee(s).
This grievance and complaint policy also does not apply
to protest of performance evaluations which are subject
to the procedures outlined in Section 2104A of the Santa
Monica Municipal Code and which must be pursued by the
aggrieved employee(s).
A. The aggrieved employee(s) shall meet with the
immediate supervisor regarding the grievance, which
must be stated in writing on Form F-lO, specifically
citing the MOU, ordinance, resolution, rule, policy,
practice or procedure that is the subj ect of the
grievance and the circumstances giving rise to the
grievance.
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B. If the grievance is not resolved by the end of the
employee's 3rd regularly scheduled shift following
the shift on which presentation of the grievance to
the immediate supervisor occurred, the eMployee may,
within 5 regularly scheduled shifts thereafter,
appeal to the second level supervisor, if any, using
Form F-10.
C. I f the grievance is not resolved by the end of the
employee I s 3rd regularly scheduled shift following
presentation to the second level supervisor, if any,
the employee may within 5 regularly scheduled shifts
thereafter, appeal to the Fire Chief using Form F-IO.
The Fire Chief shall meet with the employee and the
employee I s representative to attempt to resolve the
grievance.
D. If the grievance is not resolved by the end of the
employee I s loth regularly scheduled shift following
presentation of the Form F-lO to the Fire Chief, the
employee may, wi thin 5 regularly scheduled shifts
thereafter, appeal to the Personnel Director, who
will investigate the grievance and make
recommendations to the City Manager, whose decision
shall be final. The decision of the City Manager.
shall be issued no later than the end of the
employee's loth regularly scheduled shift, after the
filing of appeal with the Personnel Director.
E. For the purposes of this grievance procedure, "shift"
shall mean the regularly scheduled 24 hour work
period for suppression personnel, and the regularly
scheduled eight-hour work day for personnel not
assigned to the 56 hour work week.
F. All time periods in this section may be extended by
mutual consent of the employee and the management
representative involved.
G. A grievance shall be considered untimely if not
presented by the employee or the Association within
30 days of the incident giving rise to the grievance
or within 30 days of its effect upon the employee in
those instances where it is shown that the employee
could not reasonably have known of the grievable
action.
H. Employees shall have the right to be represented in
grievance matters in the following manner:
(l) Employees shall have the right to represent
themselves individually in grievance matters.
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6.04.
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(2)
Employees may designate
Department to represent
matters at steps one (A)
grievance process.
a member of the
them in grievance
and two (B) of the
(3) Employees may designate a departmental or legal
representative to represent them in steps three
(C) and four (D) of the procedure.
(4) No supervisors shall be represented in grievance
matters by one of their subordinate employees.
(5) No employees shall be represented in grievance
matters by their supervisors.
I. An employee who has initiated a grievance, or
assisted another employee in initiating and/or
processing a grievance, shall not in any way be
coerced, intimidated or discriminated against.
Disability Retirement Dispute Resolution Procedure
A. Upon application for disability retirement by an
employee covered by this MOU, the City will decide to-
approve or disapprove such application within lao.-
days and will notify the employee of the decision in
writing immediately. If the city intends to make
application for an employee's retirement, the
employee will be notified in writing immediately.
B. In the event that a dispute arises between the city
and an employee regarding the employeets eligibility
for disability retirement or effective date of
disability retirement, the follawing procedure shall
be used to resolve the dispute:
(l) An employee may contest a decision made by the
city regarding hiS/her disability retirement by
making a written request for a hearing to the
City Manager within 15 days of service of notice
from the City of the decision. If no request to
initiate the dispute resolution process is
received wi thin 15 days of service of notice,
the right to exercise the process is waived and
the-City will proceed to implement its decision.
(2) The City Manager shall set a date for the
hearing which will be no later than 30 days
following the filing of the request for hearing.
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(3) The Assistant City Manager or another management
official designated by the city Manager (other
than the Personnel Director, the employee's
Department Head, or any other individual with
prior involvement in the dispute), shall preside
as the hearing officer.
(4) The city Attorney's Office shall serve as legal
advisor to the hearing officer.
(5)
shall be entitled to a
his/her choice in the hearing.
representation shall be borne
The employee
representative of
The cost of such
by the employee.
(6) The employee (or her/his representatives) and
the City shall be entitled to present evidence,
call witnesses and cross-examine witnesses at
the hearing. Subject to the right of
cross-examination as provided below, expert
medical testimony must be submitted by written
report. Medical evidence shall be exchanged by
the parties as early as reasonably possible
before the date of the hearing. The opposing-
party, at its own expense, may subpoena the.'
medical expert to cross-examine anything
contained in the medical report. Where
testimony of City employees is involved, at
least seven days advance notice shall be given
to the Department Head so that work assignments
may be made accordingly. Wherever practicable,
City employees needed as witnesses shall be
placed on an on-call basis.
(7) The hearing shall be informal in nature and the
provisions of Government Code section ll513 (e)
shall govern the hearing.
(8) A certified court reporter shall be present to
record the proceedings and shall be paid by the
city. The cost of transcription shall be borne
- by the party requesting the transcript.
(9) The City shall have the burden of proof that its
decision should be sustained.
(10) The decision of the hearing officer shall be
issued in writing and mailed to all parties to
the hearing within 10 days following the
conclusion of the hearing.
(11) A waiver of time limits specified herein may be
mutually agreed upon by the parties.
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6.05.
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(12) The decision of the hearing officer shall be
final, subject to judicial review commenced by
the employee in accordance with Municipal Code
Section 1400.
Time Off for Union Business
It is hereby agreed that during the term of this
Agreement a maximum of 500 hours each fiscal year will be
allowed (at full pay and benefits) for use by any Local
ll09 representative that may require time off for any
responsibilities associated with employee representation.
Accounting of said time shall be the responsibility of
and maintained by the office of the Fire Chief. It is
also hereby agreed that the maximum hours to be allowed
for use by any Local 1109 representative that may require
time off for any responsibilities associated with
employee representation will return to 288 hours each
fiscal year as of July 1, 1990, and that the basis for
all future negotiations upon the expiration of this
Memorandum of Understanding shall be 288 hours each
fiscal year.
Members of Local ll09 shall be permitted to attend
general membership meetings, and the City will continue-
to provide a facility agreeable to both parties and of.
appropriate size for general membership meetings while
members are on-duty.
It is agreed and understood that Local 1109 maintains its
offices at Fire station 3, 1302 19th street, ana shall be
permitted to continue this practice for the term of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this
Memorandum of Understanding to be executed this date:
, 1988.
By:
Santa Monica Firefighters
Local No. 1109 IAFF
city of Santa Monica
President
City Manager
Vice President
APPROVED AS TO FORM:
~~~
By: U
Robert M. Myers
City Attorney
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