R-6920
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RESOLUTION NO. 6920(CCS)
(City Councl Se~les)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND
SANTA MONICA FIREFIGHTERS
LOCAL 1109, IAFF
WHEREAS, 1 t is the mutual desHe of the City of Santa
Monica and the membe~s of SANTA MONICA FIREFIGHTERS, Local 1109,
IAFF, to amend the Memo~andum of Unde~standing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Clty Council does he~eby app~ove and
autho~ize the City Manage~ to execute the amendment to the
Memo~andum of Unde~standlng executed by SANTA MONICA
FIREFIGHTERS, LOCAL 1109 IAFF, a copy of WhlCh is attached he~eto
and by this ~efe~ence made a pa~t he~eof.
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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:
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ROBERT M. MYERS
City Attorney
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CONTRACT NO. 4222(CCS)
AGREEMENT AMENDING
MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT entered into this day of ,
1984, by and between the CITY OF SANTA MONICA, a mun1cipa1
corporation (herelnafter "City") and the Santa Monica
Firefighters Association Local No. 11~9 IAFF (hereinafter "Local
11~9") is made with reference to the following:
RECITALS
A. The City and Local
Understanding in January
Understanding Between C1ty of
Monica Firefighters Local No.
11~9 entered into a Memorandum of
1981, entitled Memorandum of
Santa Monica, California and Santa
1109 IAFF (hereinafter "MOU").
B.
work1ng
1983.
Sect10n
cond1tions
35 of
which
the MOU provided for
Local 11~9 exercised
a reopener on
on October 1,
C. The City and Local 11~9 have met and conferred in good
faith and reached agreement on issues raised pursuant to the
reopener.
D. It is the mutual desire of City and Local 11~9 to
amend certain sections of the MOU and to add certain Sections to
the MOU.
NOW, THEREFORE, it is mutually agreed by and between City
and Local 11~9 as follows:
1. On and after October 1, 1984, the first paragraph of
Section 18, "Premium Overtime", subsection (a), 1S amended to
read as follows:
(a) All authorized Premium Overtime shall be
compensated for by cash payment based upon one and
one-half (1-1/2) times the hourly rate equivalent of
the employee's monthly salary computed to the nearest
one-tenth of an hour.
2. On and after October 1, 1984, Section 38 "Reserved" 1S
amended to read as follows:
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38. Compensatory Time Off
An authorized departmental management official may
grant compensatory time off in lIeu of paId overtIme.
Compensatory time shall be earned at straight time or
time and one-half based on the gUIdelines contaIned in
Section 18, Premium Overtime. compensatory time must
be taken off within the fIscal year during which it is
accrued and prior to the effective date of the salary
increase provided in ExhibIt "An.
An employee requesting compensatory time ln lieu of
paid overtIme must have a reasonable expectation of
USIng such tIme prior to the end of the fiscal year
and must comply WIth any departmental request to
reduce accruals by scheduling time off. The value of
accrued compensatory time not taken prior to the end
of the fiscal year shall be paid to the employee.
3. On and after October 1, 1984, Section 31 "Grievance
and Complaint Polley", is amended to read as follows:
31. Grievance and 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, resolutlons,
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 Sectlon 210GB et seq. of
the Santa Monica Municipal Code and which must be
pursued by the aggrIeved employee. ThIS grievance and
complaint policy also does not apply to protest of
performance evaluatIons WhICh are subJect to the
procedures outlined in SectIon 2l04A of the Santa
MonIca Municipal Code and WhICh must be pursued by the
aggrieved employee.
a. The aggrieved employee(s) shall meet WIth the
immediate supervisor regarding the grievance,
which must be stated in writing on Form F-10,
specifically CIting the MOU, ordinance,
resolut'on, rule, policy, practice or procedure
that is the subject of the grlevance and the
circumstances gIving rise to the grievance.
b. If the grievance is not resolved by the end of the
employee's thlrd regularly scheduled shift
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following the shift on which presentation of the
grievance to the immediate supervisor occurred,
the employee may, withln five regularly scheduled
shifts thereafter, appeal to the second level
superVIsor, if any, using Form F-19.
c. If the grIevance is not resolved by the end of the
employee's third regularly scheduled shift
following presentation to the second level
supervisor, if any, the employee may within five
regularly scheduled shifts thereafter, appeal to
the Fire ChIef using Form F-l@. The Fire Chief
shall meet with the employee and the employee's
representative to attempt to resolve the
grievance.
d. If the grIevance is not resolved by the end of the
employee's tenth regularly scheduled shift
following presentation of the Form F-19 to the
Fire Chief, the employee may, within five
regularly scheduled shlfts thereafter, appeal to
the Personnel DIrector, who WIll investigate the
grievance and make recommendatlons to the City
Manager, whose declsion shall be fInal. The
decision of the City Manager shall be issued no
later than the end of the employee's tenth
regularly scheduled shift, after the filIng of
appeal with the Personnel Dlrector.
e. For the purposes of this grlevance procedure,
"shlft" shall mean the regularly scheduled
twenty-four hour work period for suppreSSIon
personnel, and the regularly scheduled eight-hour
work day for personnel not assigned to the
fifty-six (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 consldered untimely if not
presented by the employee or the Association
WIthin thirty (39) days of the incident giving
rise to the grlevance or within thIrty days of its
effect upon the employee in those instances where
it lS shown that the employee could not reasonably
have known of the grlevable actlon.
h. Employees shall have the right to be represented
in grievance matters In the followlng manner:
(1) .
Employees
themselves
matters.
shall have the rlght to represent
individually in grlevance
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(2). Employees may designate a member of the
Department to represent them in grievance
ma tters at steps one (a.) and two (b.) of
the grlevance process.
(3). Employees may designate a departmental or
legal representatlve to represent them in
steps three (c.) and four (d.) of the
procedure.
(4) .
No supervisors shall
grievance matters
subordinate employees.
be
by
represented in
one of their
(5). No employees shall be represented in
grlevance matters by their superVlsor.
i. An employee who has inltlated a grievance, or
assisted another employee ln lnitiatlng and/or
processing a grievance, shall not in any way be
coerced, intimidated or discrimlnated against.
4. On and after October 1, 1984, Section 42 "Reserved" is
amended to read as follows:
42. Disability
Procedure
Retirement Dispute Resolution
a. Upon application for disabl1ity retirement by
an employee covered by thlS MOU, the Clty
will decide to approve or disapprove such
application withln one hundred and twenty
(123) days and will notify the employee of
the declsion in writlng immediately. If the
City intends to make app1icatlon for an
employee's retirement, the employee wlll be
notlfied in wrlting lmmediately.
b. In the event that a dispute arises between
the City and an employee regarding the
employee's eligibility for disablllty
retlrement or effective date of dlsabl1ity
retirement, the following procedure shall be
used to resolve the dispute:
(1) An employee may contest a decision made
by the City regarding hls/her disability
retirement by making a wrltt~n request
for a hearing to the Clty 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 within fifteen (15) days of
service of notice, the right to exercise
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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
thirty days followIng the filing of the
request for hearing.
(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) The employee shall be entitled to a
representative of his/her choice in the
hearing. The cost of such
representation shall be borne by the
employee.
(6) The employee (or hIs/her
representatives) and the City shall be
entitled to present evidence, call
witnesses and cross-examine witnesses at
the hearIng. Subject to the rlght of
cross-examination as provided below,
expert medIcal testimony must be
submitted by written report. Medlcal
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 11513 (c) shall govern the
hearing.
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(8) A certified court reporter shall be
present to record the proceedings and
shall be paid by the City. The cost of
transcription shall ~e 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 ten
days following the conclusIon of the
hearing.
(11) A waiver of time 1imlts speclfled herein
may be mutually agreed upon by the
parties.
(12) The decision of the hearing officer
shall be final, subJect to JudICIal
review commenced by the employee in
accordance WIth Municipal Code Section
1401il.
4. The provisions and reqUIrements of Section 35
"Reopener on Working Conditions" have been fully satisfied and
no further obligation to meet and confer under its terms shall
be claimed by Local 1109. Accordingly, Section 35 is deleted in
its entirety.
5. Except as expressly modified hereIn, all other terms
and covenants set forth in the MOU shall remain the same and
shall be in full force and effect.
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IN WITNESS
Agreement to be
written.
WHEREOF, the parties hereto have caused thIS
executed on the day and year first above
CIT~ OF SANTA MONICA
J-L- hL-e .
JOHN JALILI
CI ty Manager
APPROVED AS TO FORM:
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ROBERT M. M~ERS \j
City Attorney
SANTA ONIcA FIREFIGHTERS
ASsoci nON-
tit'j:~-
OBERT WIRTZ - /
President
i
I
:~~~~"'"'
Counsel to Santa Monica
FIreflghters Assoclation
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Adopted and approved thlS 25th day of September, 1984.
W~-1
I hereby certify that the foregoing Resolution No. 6920(CCS)
was duly adopted by the City Councll of the City of Santa Monica
at a meeting thereof held on September 25, 1984 by the followlng
Council vote:
Ayes: Councilmembers: Conn, Jennings, Press, Reed, Zane
and Mayor Edwards
Noes: Councilmembers: None
Abstain: Councllmembers: Epstein
Absent: Councilmembers: None
ATTEST:
L2-n 'n;~
Clty -Clerk