Resolution - 9004r
RESOLUTION NO. 9004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEST
COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 7223,
RELATING TO FIXING COMPENSATION AND BENEFITS FOR PERSONNEL
AND CLASSES REPRESENTED BY THE NEST COVINA FIREFIGHTERS'
• ASSOCIATION, I.A.F.F., AFL-CIO, LOCAL 3226.
WHEREAS, the City of West Covina has met and conferred with
the West Covina Firefighters' Association, I.A.F.F., AFL-CIO,
Local 3226 (hereinafter Firefighters' Association); and
WHEREAS, the City and the Firefighters' Association have
agreed upon certain changes to salary, benefits and working
conditions for members of said Association for the period
commencing with the date of approval of this Resolution and
ending December 31, 1995; and
WHEREAS, the Memorandum of Understanding has been referred
to the City Council;
NOW, THEREFORE, the City Council of the City of West Covina
does hereby resolve as follows:
SECTION 1. Salary Adjustments Surveys shall be conducted
at six month intervals beginning in April 1994, to determine the
average total compensation for the ranks of Firefighter, Engineer
and Captain for cities within Los Angeles County. Any salary and
benefit adjustment beginning July 1, 1994, will be based upon
program success resulting in new revenues and operation
efficiencies. Incremental adjustments may be made on July 1,
1994, January 1, 1995, and July 1, 1995 depending upon these
criteria.
SECTION 2. Health Insurance Effective July 1, 1993, the
City contribution for the cost of health insurance shall be
increased from $409 to $435 per month.
SECTION 3. Retiree Health Benefits Effective upon adoption
of an enabling PERS resolution by the City Council and processing
by PERS, the City shall increase the health insurance
contribution from $16 to $50 per month.
SECTION 4. Other changes to the terms and conditions of
employment are detailed in the agreed upon MOU as incorporated
herein as "Exhibit A." Specific changes to provisions covering
Educational Leave and Disability Discrimination have been agreed
upon.
SECTION 5. Where provisions of the MOU are inconsistent
with existing Personnel Rules, the MOU shall govern.
SECTION 6. Budget Allocation The City Council does hereby
appropriate an amount of money sufficient to fund the benefit
changes for the life of this Resolution.
SECTION 7. The remaining provisions of Resolution No. 7223,
as amended, shall remain in full force and effect until amended
or repealed by Resolution of the City Council.
• SECTION 8. The effective date of this Resolution is
August 3, 1993.
SECTION 9. The City Clerk shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 3RD DAY OF AUGUST, 1993.
ATTEST:
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City C1e 1*.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the City Council on the 3rd day of August, 1993.
AYES: Councilmembers Jennings, Wong, Nerfert, Manners, McFadden
NOES: Councilmembers None
ABSENT: Councilmembers None
ABSTAIN: Councilmembers None
APPROVED AS TO FORM:
WRESO-FF.93
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V-\- O'ON• wnnr2
City Attorney
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City Clerk
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FIRE MEMORANDUM OF
UNDERSTANDING
JANUARY 1, 1993 THROUGH DECEMBER 31, 1995
EXHIBIT A
RESOLUTION NO. 9004
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TABLE OF CONTENTS
PAGE NO•
2SECTION 1.
RECOGNITION/REPRESENTATION UNIT
. . . .
. . . 1
SECTION
2.
SCOPE AND PREVAILING RIGHTS . .
. . . . ...
. . . 2
SECTION
3.
TERM OF MEMORANDUM OF UNDERSTANDING. . . . .
. . . 3
SECTION
4.
STATE AND FEDERAL OBLIGATIONS, SEPARABILITY
. . . 3
SECTION
5.
SALARY ADJUSTMENTS . . . . . . .
. . . . . .
. . . 4
SECTION
6.
RETIREMENT . . . . . . . . . . .
. . . . . .
. . . 5
SECTION
7.
HEALTH AND DENTAL . . . . .
. . . . . .
. . . 6
SECTION
S.
RETIREE HEALTH BENEFITS . . . .
. . . . . .
. . 6
SECTION
9.
UNIFORM ALLOWANCE . . . . . . .
. . . . . .
. . . 6
SECTION
10.
MILEAGE AND EXPENSE REIMBURSEMENT
. . . . .
. . . 6
SECTION
11.
MANNING POLICY . . . . . . . . .
. . . . . .
. . . 6
SECTION
12.
ACTING TEMPORARY AND RANK FOR RANK
COVERAGE
. . . 7
SECTION
13.
RESIDENCY . . . . . . . . . . .
. . . . . .
. . 7
SECTION
14.
JURY DUTY . . . . . . . . . . .
. . . . . .
. . . 7
SECTION
15.
USE OF FACILITIES . . . . .
. . . . . .
. . . 8
SECTION
16.
SICK LEAVE .'
...
8
SECTION
17.
BEREAVEMENT LEAVE . . . . . . .
. . . . . .
. . . 9
SECTION
18.
HOLIDAYS . . . . . . . . . . .. .
. . . . ...
. . . 9
SECTION
19.
MINIMUM CALLBACK . . . . . . . .
. . . . . .
. . . 9
SECTION
20.
REQUIRED HOLD OVER AND CALLBACK
. . . . . .
. . . 9
SECTION
21.
EDUCATIONAL LEAVE . . . .
. . . . .
. . 10
SECTION
22.
TRANSFER AND BID SYSTEM . . . .
. . . . . .
. . it
SECTION
23.
HANDBOOK . . . . . . . . . .
. . . . .
13
SECTION
24.
OVERTIME POLICY . . . . . . . .
. . . . . .
. . 13
SECTION
25.
GRIEVANCE PROCEDURE . . . . . .
. . . . . .
. . 20
SECTION
26.
HAIR STANDARDS . . . . . . . . .
. . . . . .
. . 20
SECTION
27.
PAYROLL DEDUCTIONS . . . . . . .
. . . . . .
. . 21
SECTION
28.
LAYOFF POLICY AND PROCEDURE . .
. . . . . .
. . 21
SECTION
29.
DISABILITY DISCRIMINATION . . .
. . . . .
. . 21
SECTION
30.
MISCELLANE07S LEAVES OF ABSENCE
. . . . . .
. . 22
SECTION
31.
SAFETY EQUIPMENT . . . . . . .
. . . . . .
. . 22
SECTION
32.
NOTICE OF FUTURE MEET AND CONFER
. . . . . .
. . 22
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST COVINA
AND WEST COVINA FIREFIGHTERS' ASSOCIATION
LOCAL #3226, I.A.F.F., AFL-CIO-CLC
In the interest of maintaining harmonious and stable
relationships between the City of West Covina (hereinafter City)
and employees represented by the West Covina Firefighters'
Association, (hereinafter referred.to as the "Association"),
representatives of management for the City and representatives of
the Association have met and conferred in good faith regarding
wages, hours, fringe benefits, and other terms and conditions of
employment for employees represented by the Association.
The representatives have reached an understanding as to
recommendations to be made to the City Council for the City of
West Covina and have agreed that the parties hereto will jointly
urge said Council to adopt one or more resolutions which will
provide for the changes in wages, hours, fringe benefits, and
other terms and conditions of employment contained in these joint
recommendations.
SECTION 1. RECOGNITION/REPRESENTATION UNIT
The City hereby recognizes the West Covina Firefighters'
Association Local #3226, I.A.F.F., for the term of the Memorandum
of Understanding, notwithstanding any ordinance, resolution,
rule, or regulation to the contrary as the majority
representative of the employees in the bargaining unit which
consists of Firefighters, Firefighter/Paramedics; Engineers, and
Captains, subject to the right of an employee to represent
himself/herself. The recognition requirements of Rule,XVI,
Section 16.3 of the Personnel Rules, City of West Covina, are
waived for the term of this Memorandum. It is further agreed
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that during the term of this Memorandum of Understanding, no
class will be removed from the bargaining unit except upon mutual
agreement of the City and Association.
SECTION 2. SCOPE AND PREVAILING RIGHTS
It is the intent and purpose of this Memorandum to assure
sound and mutually beneficial working and economic relations
between the parties hereto, to provide an orderly and peaceful
means of resolving any misunderstanding or difference which may
arise and to set forth herein the basic agreement between the
parties concerning wage, hours and other terms and working
conditions of employment.
A. Employee and Employer Rights - The parties hereto
agree that except as stated herein, this agreement does
not in any manner abridge, modify or restrict the
rights and prerogatives of the employees and the City
as set forth in the West Covina Municipal Code. It is
understood that these rights and prerogatives of the
City include but are not limited to determinations as
to levels of service, manning requirements, work
schedules, overtime assignments and approval, number
and location of work stations, nature of work
performed, contracting for any work for operations,
employee performance standards, including but not
limited to quality and quantity standards and
reasonable work and safety rules and regulations in
order to maintain the efficiency and economy desirable
in the performance of city services. It is further
agreed that the City agrees to meet and confer with the
Association regarding the impact of such management
decisions on matters within the scope of
representation.
B. Maintenance of Benefits - All rights and
privileges and working conditions within the scope of
representation in effect at the time -.of the signing of
the agreement and not changed her?in,•in addition to
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• all rights, privileges and working conditions provided
for in the current Memorandum of Understanding, shall
remain in full force and effect during the term of this
agreement unless changed subsequent to completion of
required meet and confer process.
C. Contracting - The City does not intend to contract
out bargaining unit work during the term of this MOU
Should the City seriously consider contracting out any
bargaining unit work, it shall notify the Association
of its intent and meet and confer in good faith prior
to the implementation (whether by agreement or upon
impasse of any such proposal).
SECTION 3. TERM OF MEMORANDUM.OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force
and effect from January 1, 1993 through midnight December 31,
1995. Terms and conditions of the Memorandum of Understanding
shall continue, unlesschanged, by completion of the meet and
confer process.
SECTION 4. STATE AND FEDERAL OBLIGATIONS, SEPARABILITY
A. State and Federal Obligations - This Memorandum
shall not in any way interfere with the obligation of
the parties hereto to comply with State and Federal law
or any rule, legislation, regulation or order issued by
such government authority pertaining to matters covered
herein.
B. Separability - If any provision of this Memorandum
or the application of this Memorandum should be
rendered or declared invalid by any court action or by
reason of any existing, pending,, -or subsequently
enacted legislation, the remaining parts or portions of
this Memorandum shall remain in full force and effect,
and the parties shall meet and confer with regard to
replacement or modification of the invalidated portions
and the impact of the invalidation on the bargaining
unit.
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SECTION 5. SALARY ADJUSTMENTS
A. Preamble - In an effort to achieve salaries which
are competitive in the market, the City and the
Association will cooperatively join in determining •
additional revenue sources and areas of cost savings.
The overall goal throughout the term of this agreement
will be to raise revenues and decrease the Department's
dependency on the General Fund while providing quality
service. Participation by the employees shall play a
significant role in productivity achievement resulting
in periodic adjustments to salary.
B. Salary Computation - A survey shall be conducted
at six month intervals beginning in April 1994, to
determine the average top step base salaries and major
benefits for the ranks of Captain, Engineer and
Firefighter effective April 1 for those agencies
surveyed. Salary for Paramedics will be determined
utilizing the data for Engineer. The survey shall
include all public agency (municipal operated) fire
departments within Los Angeles County. Data for Los
Angeles County Fire shall be used one time in
calculations. In computing average compensation, base
salary, the employer's contribution to retirement on
the employee's behalf and health/dental benefits shall
be used. The average total compensation shall be used
to determine the amount of adjustment necessary to
achieve parity in the market. (Example - Attachment A)
C. Salary Adjustments - The Fire Department, in
concert with the employees, will implement specific
programs designed to improve service levels, raise
revenues and reduce costs. Depending upon the success
of these programs, employees shall receive salary
adjustments on July 1, 1994, January 1, 1995, and
July 1, 1995. The first adjustment will be equivalent
to 33% of the difference between the then salaries and
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EXAMPLE SALARY COMPUTATION -CAPTAIN
CITY
TOP STEP
MONTHLY
SALARY
MEDICAL/
DENTAL
EMPLOYEE
PAID
PERS
TOTAL
COMP.
Culver City
$5229
$600
9% = $470,
$6299
Monterey Pk.
4184
346
9% = 376
4906
Long Beach
1 5096
417
9% = 458
5971
Burbank
1 5317
513
8.2% = 436
6266
Average Total Compensation
$5860.50
West Covina 1 4520 1 455 9% = 407 1 $5382.00
Difference in Total Compensation
% from Average
33% of Difference
1k:FIRECAFT.93
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-$478.50/mo.
-8.89%
$157.90/mo.
benefits and the survey. The second adjustment will be
equivalent to 50% of the difference and the third •
adjustment will be for the balance of the difference.
Program success will be based upon achievement of.
90% of program objectives as reported in the
Department's quarterly report and in the City's
"Project Performance Program" report. The Department
will determine program objectives after discussion with
the Association during preparation of said reports.
D. Determination of Salary and Benefit Adjustments -
At six month intervals commencing May 1994, a meeting
will be held between representatives of the City and
Association. The survey results and program progress
relative to objectives will be discussed. If program
productivity has been achieved, the appropriate
percentage difference between the current salaries and
survey data will be available for allocation to salary
and health/dental benefit adjustments.
SECTION 6. RETIREMENT
A. Public Employees Retirement System - The City's
contract with the State of California Public Employees'
Retirement System shall provide the following:
1. Increased level of 1959 survivors benefit.
(Section 21382.2)
2. Credit for unused sick leave. (Section 20862.8)
3. Two percent (2%) at age fifty (50) formula.
(Section 21252.01)
4. One-half (1/2) pay continuance. (Section 21263)
(Post Retirement Survivor)
5. One year final compensation. (Section 21367.53)
6. Retiree death benefit $600. (Section 21367.53)
7. PERS members contribution
The City shall pay the normal members
contribution (9% of salary) required under
the Public Employee's Retirement System.
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8. Military service credit as public service.
(Section 20930.3)
SECTION 7. HEALTH AND DENTAL
Effective July 1' 1993, the city shall provide $435 per
month to offset the employee cost of health insurance. The
amount specified for PERS Health Plan coverage shall be $50 per
month per active employee. The City shall provide up to $20 per
month to offset the cost of dental insurance.
In the event that the City's contribution exceeds the
monthly premium for the covered employee,_said employee shall be
entitled to apply this excess (difference between the City's
monthly contribution and the premium for the employee's selected
health plan) towards dependent health insurance, life insurance,
dental insurance, or deferred compensation.
SECTION 8. RETIREE HEALTH BENEFITS
The City shall increase the PERS health insurance premium
for each retiree from $16 per month to $50 per month. This
change will be effective as soon as practical through enacting
resolution by the City Council after approval of this MOU.
It is the intent of the parties that progress be made during
the term of this agreement towards increasing the amount provided
for the retiree health contribution. Attainment of an amount up
to $120 per month is established as a goal based upon program
success, productivity, and revenue raised pursuant to
Section 5., D., of this agreement.
SECTION 9. UNIFORM ALLOWANCE
The City shall provide a uniform allowance of $350 per year
to each employee.
SECTION 10. MILEAGE AND EXPENSE REIMBURSEMENT
The City shall reimburse for mileage and expenses incurred
during the ,course of City business consistent with the provisions
of the City-wide Travel and Expense Reimbursement Policy.
SECTION 11. MANNING POLICY
The City will maintain a minimum staffing of Companies and
• Units as follows:
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1. Three-man enginecompanies (1 Captain, 1 Engineer,
1 Firefighter)
2. Four -man truck companies (1 Captain, 1 Engineer, 2
Firefighters)
3. Two -man Paramedic rescues (2 Paramedics)
a. Each Paramedic rescue unit will be assigned
three (3) certified Paramedic/Firefighters,
one of which will rotate on and off of a
designated engine and/or truck company.
b. For purposesof relief, one of the Paramedics
assigned to the engine and/or truck.company
may be replaced by either a Firefighter or a
Firefighter/Paramedic.
SECTION 12. ACTING TEMPORARY AND RANK FOR RANK COVERAGE
Acting temporary and rank for rank coverage provisions shall
be changed to delete the following:
"Exception: In the event an individual shall be off duty
creating a documented extendedabsence, extended defined as
a period greater than 30 consecutive days in acting or
temporary assignment, may be made to fill this absence
starting with the first shift after documentation."
"Exception: In the event of short time, temporary absences
such as an officer's meeting."
SECTION 13. RESIDENCY
The City does not presently intend to establish any type of
residency requirements for any employee covered in this MOU
Should the City, in the future, consider proposing any residency
requirement, it shall notify the Association of its intent and
meet and confer prior to the implementation (whether by agreement
or upon impasse) of such a requirement. Among the subject to be
addressed in the meeting and conferring process will be the
grandfathering of current employees.
SECTION 14. JURY DUTY
Personnel Rules Section 10.27, Jury, Witness leave shall be
changed according to the following: Number 3: The City will
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grant an employee required to serve on jury duty or to report for
examination to serve on jury duty one time for a maximum of 160
• hours paid leave for such purposes during any three consecutive
years of employment. All fees received by the employee for jury.
duty, exclusive of mileage, shall be remitted to the City.
SECTION 15. USE OF FACILITIES
Official Association meetings involving Association members
may be held in City facilities upon prior approval of City
management and the meetings shall be private.
SECTION 16. SICR LEAVE
Use of leave for reasons of illness or injury.shall be
administered in accordance with City Personnel Rule X,
Section 10.21, except as noted by exception as follows:
A. Allowance/Accumulation - Fire Department employees
working on the platoon system shall accrue sick leave
under the same conditions as general City employees and
at the same rate using the 1:1.5 ratio factor.
B. Proof of Illness or Injury - In the Fire
Department, the Department Head may require evidence in
the form of a physician's certificate or written
statement, as to the adequacy of the reason for any
Fire employee's absence of three (3) or more
consecutive shifts for which sick leave was requested.
A failure to supply or provide said certificate shall
be grounds for denial of sick leave pay and the
imposition of such disciplinary action as may be deemed
appropriate.
C. Immediate Family - No more than three shifts for
fire platoon employees of sick leave within any
calendar year may be granted to an employee for the
care or attendance upon members of his/her immediate
family, and not more than three shifts for fire platoon
employees of sick leave within any calendar year may be
granted to an employee for each absence due to death of
his/her immediate family. The phrase "immediate
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family" is construed to mean the husband, wife, parent, •
brother, sister, child, and a grandparent or
grandchild, if residing within the home or within the
same place of residence of the officer or employee.
D. Sick Leave on Termination - Employees upon
termination of continuous service, other than by
discharge, shall be paid for 50 percent of all sick
leave accrued to the time of termination which is in
excess of 480 hours, but does not exceed a maximum
accrual of 720 hours.
SECTION 17. BEREAVEMENT LEAVE
The bereavement leave section of the Personnel Rules,
Section 10.25, shall be amended according to the following:
Three shifts of said leave per calendar year will be available to
a fire platoon shift employee in the event of the death of said
employee parents, spouse, child, step -child, brother or sister
and grandparent. This program is supplemental to the current
sick leave program.
SECTION 18. HOLIDAYS
Holidays shall be granted on the basis of one per month with'
no specific date designated to all classifications represented by
this Memorandum. If an employee terminates prior to the
effective date of the traditional holiday, the holiday pay will
be deducted from the final check.
SECTION 19. MINIMUM CALLBACK
Approved overtime for Fire Department employees entitled to
it shall include only hours worked when employees are requested
or required to return to work by their department from off duty,
provided however, that such employees shall receive a minimum of
three hours pay for hours worked of three hours or less.
SECTION 20. REOUtRED HOLD OVER AND CALLBACK
The City reaffirms its right to require - on a mandatory
basis - the hold over of employees or to the calling of employees
back to work during their off -duty time when conditions
necessitate, as determined by the Department Head.
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SECTION 21. EDUCATIONAL LEAVE
When assigned by the Fire Chief, employees may be granted
leave with pay for educational purposes to attend conferences,
seminars', briefing sessions or other functions of a similar
nature that are intended to improve, maintain or upgrade the
individual's skills and professional ability.
Training activities are to be organized in the following
categories for the purpose of administration and compensation:
LEVEL I
Activities that the Department requires individuals to attend and
are necessary for the employee to do his/her job.
The Department will pay registration, per diem, mileage,
lodging, and coverage for the individual's position consistent
with the appropriate City policy. overtime will be paid if the
individual is off duty while attending. If the individual is on
duty they shall return to scheduled duty after the activity is
over. When individuals attend multi -day programs that are out of
the local area they will be covered on scheduled work days and
given overtime for the amount of actual hours conducting
Department related activities. One 24 hour shift of work missed
equals two nine (9) hour days of training.
LEVEL II
Activities either published by the Department or those that are
initiated by the employee without being suggested by the
Department.
Attendance requires approval of the Fire Chief.
Administered the same as Level I with the exception that the
individual will not receive overtime pay and if related to
Association business only coverage is provided.
LEVEL III
Classes and work -related seminars that the individual requests
and college -level courses that the individual attends.
The Department will reimburse tuition or registration fees
similar to those for the Tuition Reimbursement Program in the
case of classes or seminars that are not eligible for
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reimbursement under the City's Tuition Reimbursement Program with
the approval of the Fire Chief.
SECTION 22. TRANSFER AND BID SYSTEM
Introduction: The following Transfer and Bid System program
will remain in effect during the term of this MOU. If problems
occur during the term of the MOU, the City and the Association
will meet to look at alternative approaches to resolve those,
problems. If the problems cannot be worked out to the
satisfaction of both parties, the City will revert back to its
previously effective Transfer and Rotation programs.
A. There shall be two types of transfers:
1. Employee Requested
2. City Initiated
B. Open Position Transfer:
1. When a station assignment has been vacated,it may
be filled through the open position transfer
process, which takes into consideration employee
requests.
2. Notice of vacancies shall be posted on City
bulletin boards.
3. Any employee desiring'to fill a vacant position
must submit a request, in writing, to the City
within seven (7) calendar days of posting of the
notice.
4. If more than one employee requests to be
transferred to an open rosition, seniority in rank
shall be,considered.
5. The City shall have the.prerogative to grant or
deny a request for transfer.
6. The transfer request will be approved or denied,
in writing, within fourteen (14) calendar days of
posting. •
C. Mutual Agreement Transfers:
1. Employees of equal rank may request transfers.
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D.
2. Requests for transfers shall be submitted, in
writing, through regular channels to the City.
3. The City may either grant or deny the request for
transfer.
4. The request, approved or disapproved, shall be
returned to the employee within fourteen (14)
calendar days of receipt of the request..
Annual Bid System:
1. Station assignments shall be open for bid
according to the following:
a. Fire Captains shall have the option of
bidding for transfer to be effective January
of even -numbered years.
b. Fire Engineers shall have the option of
bidding for transfer to be effective January
of odd -numbered years.
C. Firefighters shall have the opportunity to
bid for transfer each year.
2. All transfer requests shall be processed in
accordance with the following provisions:'
a. Consideration shall be given to the employee
desiring to remain in his existing position.
b. All transfer requests shall be submitted to
the City no later than 1700 hours on
December 1 of the year preceding the actual
transfer..
C. If more than one employee bids to the same
station, assignment and seniority in rank
shall be considered.
3. The approval or denial of a request for transfer
shall not be subject to the grievance or appeal
process.
E. City -Initiated Transfers:.
1. The City reserves the right to initiate transfer
of personnel to meet the needs of the .
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organization, taking into consideration concerns •
of employees.
F. The decision to transfer, or the denial of a request to
transfer, pursuant to all categories of transfer
mentioned herein shall not be subject to the grievance
procedure or appeal process.
SECTION 23.. HANDBOOK
An informational handbook for Fire Department employees will
be developed and updated as legislation, Personnel Rules,
ordinances, and procedures change. Any changes which impact on
wages, benefits, and working conditions are subject to Section 2
of this Memorandum of Understanding.
SECTION 24. OVERTIME POLICY
A. Scheduled Vacation Defined - Those shifts or
portions of shifts that are chosen at the first of the
year or before the scheduled overtime list is posted or
distributed monthly.
Vacation time shall be taken in 24 hour shifts
until or unless the total banked hours are less than 24
hours.
Scheduled overtime.is administered by the
Battalion Chief in charge of personnel. A scheduled
overtime list shall be distributed by the 15th of the
month.prior to the effective date by the Battalion
Chief in charge of scheduled vacations.
Vacations shall not be changed once the list is
distributed, unless it is an emergency and it is
approved by staff.
B. Banked Vacation Defined - Those shifts or portions
of shifts that are not scheduled at the first of the
year or before the scheduled overtime list is posted or
distributed.
Banked vacation shall not exceed 480 hours.
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• All vacation days not scheduled in December for
the following year shall be taken on a first come
basis.
If an employee wants a vacation day that has not
been scheduled and the day is available, that employee
can call the Station 4 Captains no later than 1800
hours the day before to have it approved.
Vacation days cannot be canceled after 1800 hours
the day before.
Limitations on the number of people allowed off on
vacation per shift:
3 Captains
3 Engineers
4 Firefighters*
*Two paramedics at a time per shift can be off on
vacation. This will be included in the two firefighter
total.
C. Sian Up Overtime - Overtime shall be handled by
Station 4 Captains. A master book with participating
employee names and hours of overtime worked or charged
shall be kept available for inspection at Station 4.
A sign up list for overtime shall be kept at all
stations in the Captain's office. To be eligible for
overtime, the employee must be on the list before 1800
hours the day before the overtime.
The employee can sign up as far as a month ahead
or as little as the day before an anticipated overtime.
Calls will go by the lowest hours. If there is a tie
on the lowest hours of people that have signed up, the
person with the most seniority in rank shall be called
first. Coverage shall always be rank for rank-.
When placing calls for overtime,•if the first
phone call is not answered, a second call will be made
to verify that the correct number was called.
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D.
By signing your name on the overtime list, you
must be home or at a fire station on that day between
the hours of 0700 hours and 0800 hours to be called if
needed. An employee can take their name off the list .
if they call before 1800 hours the day before.
An employee can call after 1800 hours the day
before and add their name, but they will be called
last, if needed, regardless of their hours. If more
than one person calls after 1800 hours to add their
name on the overtime list, they will be added.as calls
are received.
Station 4 Captains are to check their HP mail
after 1800 hours for sign ups. If there are stations
that have not reported sign ups, the captain will call
each station that has not reported. The phone call to
fill the vacancy may be'made the night before, however,
if the person with the lowest hours is not contacted
the caller must wait until 0700 hours the next morning
and call again.
Mandatory overtime - If more people are needed
than have signed up for overtime, Station 4 Captains
will go to a mandatory call from the master list.
The list will start from the lowest hours to the
highest hours from the master list in the book. The
phone call may be made the night before, however, if
the person with the lowest hours is not contacted the
caller must wait until 0700 hours the next morning and
call again.
Twenty-four hours will be charged to anyone not
answering their phone between 0700 hours and 0800 hours
regardless if they have signed up or not. Employees
have the right to turn down a mandatory call back on
the first phone call, however they must stay by their
phone if requested by the Captain in case a member
agreeing to work cannot be found. Twenty-four hours
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will be charged to anyone that turns down the first
• mandatory call unless it is a 72. If everyone turns
down the mandatory overtime the first time, it goes
back to the person with the lowest hours. This person.
shall be charged an additional 24 hours and will be .
required to work.
Persons called after 0800 hours for mandatory
overtime may turn down the overtime without being
charged hours, however, they must remain by their
phone, if so asked, until the position.is filled.
When a person has been mandatoried (actually
forced to work on the second round of calls) his name
shall be placed on a list of persons that have been
mandatoried that is to be kept in the callback overtime
book. After his name is on the list, a person is not
subject to being forced to work another mandatory until
everyone of his rank has been mandatoried, unless it is
impossible to contact any other member. A person whose
name is on the mandatoried list will still be called on
the first round of calls for future mandatories and if
he turns the time down he will be charged red hours in
the book, but not be forced to work.
The mandatoried list shall be kept in
chronological order. The first person to be
mandatoried shall be placed first on the list and all
subsequent mandatories shall be listed in order below
him. In the event that a position must be filled and
no person not on the mandatoried list can becontacted,
the position will be filled by the first person on the
mandatoried list that can be contacted. An asterisk
shall then be placed next to that person's name and
that person shall not be forced to work another
mandatory until all members of that rank have worked a
second mandatory. He will still be called on the first
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round of calls and.will have red hours added to his
total if he turns the hours down.
On December 31 at 1800 hours the current
mandatoried list will be thrown out and a new
mandatoried list for the upcoming year will be
established. There will be no carry-over from the
previous year's list.
Exceptions to the Mandatory Policy - Employees on
vacation or trade of shifts shall not be forced to
work mandatories. No member shall be contacted for
mandatory overtime if on IOD, bereavement leave, or
extended sick leave (extended sick leave is three
shifts or more, with a doctor's note).
An employee may be mandatoried into a 72, however,
that employee will only be charged 24 hours and not 48.
If the mandatory is a 72 hour tour, it may be turned
down on the first call without any hours being charged,
however, if it comes back to that employee because he
has the lowest hours, he will, be charged 24 hours, not
48 hours, and.will be required to work.
E. General Rules - Under this system an employee can
work 72 hours but anyone working 96 hours needs
permission from the Battalion Chief. Ninety-six hours
can only be worked if the last shift is the call back
or sign up shift and it must be approved or denied on
the evening before or morning of the 96. No more than
96 consecutive hours shall be worked unless it is an
emergency (Special Notice of 7-26-89, subject 96
Hours).
Paramedics are not allowed to work 96 hours.
Twelve to 24 hours will be added to the master
list. Anything less than 12 hours will not be added to
the master list.
On a full shift call back an employee will be
charged 24 hours regardless of the number of hours
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actually worked. On a call back of any hours less than
a full shift the employee will be charged the actual
hours worked rounded to the nearest hour.
On a strike team or emergency recall, hours will
not be charged on the master list.
In the event a paramedic is needed for coverage
and no paramedic has signed up for that day, and a
firefighter has,.the Captain shall call in the
firefighter with .the lowest hours signed up that
firefighter shall fill the position normally filled by
the third paramedic assigned to the squad with the
vacancy while on their rotation off the squad. The
paramedic will then be moved to fill the vacancy on the
squad.
If no paramedic or firefighter has signed up for
that day the Captain shall call in position for
position from the lowest hours on the master list.
On December 31 at 1800 hours of each year the
hours on the master.list for sign up overtime shall be
zeroed out. The hours on the scheduled overtime list
kept by the Battalion Chief shall be carried over from
year to year.
An employee may not remove their name from the
sign up list if it is after 1800 hours the day before
the potential vacancy.
Exception: If'an employee becomes ill and calls the
Station 4 Captain before they are called for overtime
they can take their name off the list with no penalty.
If the employee is called for overtime and they have
not notified Station 4 that they are ill, they will be
charged 24 hours.
• Probationary firefighters shall be eligible for
overtime after completion of 6 months probation. When
they come into the overtime system on their first
opportunity they shall be averaged in. If a person
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comes into the system after their first opportunity
they are assigned the highest hours for their rank.
On promotion, employees in the overtime system
shall carry their overtime hours with them.
Employees can remove their name from the overtime
system understanding that their name shall be removed
from the sign up system and the scheduled system.
If too many people in any rank remove their name
from the system this option may be re-evaluated by the
Association and staff.
When calling in sick, call your station first. If
your station is not in quarters then call Station 4.
Christmas, Christmas Eve and Thanksgiving may be
taken as a vacation if available and you find your own
relief ahead of time. The hours are charged on the
sign up list after 1800 hours the night before the
holiday. The coverage shall be posted on the scheduled
overtime list for the correct month.
Sign up overtime may not be traded for scheduled.
overtime. Scheduled overtime may be traded for another
scheduled overtime as long as both are already posted
and the Battalion Chief approves.
F. Holdover and Short Term Overtime - When an
employee places their name on the sign up list for
overtime they place themselves available for any time
that may need to be covered that day regardless of the
number of hours.
G. Coverage For 1 - 4 Hours - If coverage is needed
from r - 4 hours the Captain calling shall ask the
employee of proper rank where the vacancy occurs if
they want to hold over. If that person will not, then
the Captain shall ask other employees of the proper
rank on duty if they will hold over starting with the
station number after the station with the vacancy.
Example: If the vacancy is at Station 2 and the
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employee at Station 2 does not want the holdover
overtime then the Captain shall call Station 3 and
continue through the stations until they find someone
I
willing to work it.
If no one is available for holdover, then the
Captain shall go to the sign up list. If the employee
with the lowest hours on the sign up list does not want
the 1 - 4 hours overtime they can turn it down on the
first call. If no one else on the sign up list wants
the overtime thevlmust work it.
H.
Hours If the Department needs an employee to work
overtime for anything over four hours and less than
twelve hours, the sign up list shall be used. Hours
worked less than 12 shall not be added to the master
list. If 12 or more hours are worked, the hours shall
be added to the master list.
If the employee with the lowest hours on the sign
up list does not want the overtime over four hours and
less than 12 hours they can turn it down on the first
call, but if no one else on the sign up list wants the
I
overtime they shall work it.
If an employee signs up for an overtime, they must
be available to work the entire 24 hours.
SECTION 25. GRIEVANCEIPROCEDURE
Refer to Personnel Rule XV, Grievance and Complaint
Procedure.
SECTION 26.
The facial hair of any employee shall not be of such length
or style as to inhibit the safe or effective use of masks,
headgear, self-contained breathing apparatus or safety equipment,
no shall the length or style of the hair of the head extend below
the bottom of the uniform cellar while the employee is in "parade
rest" position. Fire Department management may require personnel
"to don the above equipment in order to determine compliance with
P.P]
these standards. Any grievance regarding compliance with these
grooming standards shall be submitted for decision by a committee
consisting of one representative of the Association, one
representative of management and a third person selected by the
first two. In the event said representatives are unable.to
mutually agree upon a thirdlmember, said person shall be selected
from a panel of five (5) names to be requested from the State
Conciliation Service.
SECTION 27. PAYROLL DEDUCTIONS
It is mutually agreed that the City will, during the term of
this agreement, deduct monies and remit to the Association as
authorized by employee payroll deduction authorization in the
.I
same manner as in effect prior to the effective date of this
agreement.
SECTION 28. LAYOFF POLICY AND PROCEDURE
Refer to Personnel Rule XI, Layoff/Reemployment.
SECTION 29. DISABILITY DISCRIMINATION
A. The City's policy shall be to make such efforts as
are consistent with federal and state laws to place
physically or mentally disabled employees in such
positions that can be made available in the City
I
service where their disabilities will not affect the
performance of their duties. This policy will extend.
I
to all terms, conditions and privileges of employment.
The Americans With Disabilities Act (ADA) requires
accommodation for individuals on a case by case basis.
Prior to accommodation for individuals on a case by
case basis. Prior to the City providing an
accommodation which would be contrary to negotiated
I
agreements, the City shall provide written notice of
intent to disregard provisions and shall meet and
confer over options prior to implementation.
The City has a legal obligation to meet with
individual employees.as necessary to discuss possible
accommodation before any adjustments are made to
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working conditions. The Association shall be notified
prior to the implementation of proposed accommodations
by the City which;affect an employee or group of
employees within their respective bargaining unit.
Accommodations provided to an individual.protected by
the ADA shall not establish a past practice, nor shall
it be cited or used as evidence of past practice in any
grievance process..
B. No employee shall hold any position in a class
where such individual poses a risk to the health or
safety of the individual or others.
SECTION 30. MISCELLANEOUS LEAVES OF ABSENCE
In conformance with Resolution 1277 and Rule X of the
Personnel Rules and Regulations of the City of West Covina, upon
the written request of an employee stating the reasons therefore,
leaves of absence with or without pay up to a maximum of one year
may be granted for such purposes as to attend school, handle
personal business, if temporarily.incapacitated or for some other
satisfactory reason. The granting of a leave of absence entitles
an employee to return to his classification before or at the
expiration of his leave of absence. Therefore, a leave of
absence shall be granted only to an employee who intends to
return to his classification with the City.
SECTION 31. SAFETY EQUIPMENT
The City agrees to furnish or otherwise provide all safety
equipment for each fire safety employee as may be required by
law, judicial mandate, or administrative regulation.
SECTION 32. NOTICE OF -FUTURE MEET AND CONFER
If the Association desires to meet and confer with
representatives of the City of West Covina concerning
improvements or changes in wages, hours, or other conditions of
employment for the employee members represented by the
Association which would take effect on or after January 1, 1996,
the Association shall serve upon the City Manager a written
• request to meet and confer no later than September 1, 1995.
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WEST COVINA FIREFIGHTERS'
ASSOCIATION LOCAL #3226
IAFF, AFL-CIO, CLC
BY
DATE -7 h ,5 3
APPROVED AS TO FORM:
CITY ATTORNEY
jc:FUtEMOU.DU
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