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Resolution - 9363RESOLUTION NO. 9363 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING RESOLUTION NO.7223, RELATING TO CLASSIFICATION AND COMPENSATION OF POSITIONS AS AMENDED; AND FIXING COMPENSATION IN CLASSES REPRESENTED BY THE WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226. WHEREAS, the City of West Covina has met and conferred with the West Covina Firefighters' Association (hereinafter Firefighters' Association); and WHEREAS, the City and the Firefighters' Association have agreed upon certain changes to salary and memorialized certain benefits and working conditions in agreed upon Memoranda of Understanding (MOUs); and . WHEREAS, said MOUs cover salary, benefits and working conditions in one MOU covering fire safety employees and a separate MOU covering the position of Fire Marshal; and WHEREAS, the MOUs have been referred to the City Council; NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: SECTION 1. SW.=. Effective April 1, 1996, the City shall provide a four and one-half percent (4.5%) salary increase to employees in the classifications of Firefighter, Firefighter/Paramedic, Engineer and Captain. Effective June 29, 1996, the classification of Fire Marshal shall be provided a four percent (4%) salary increase. New salary ranges are as shown in Appendix "A" and Appendix "B" of this Resolution. SECTION 2. Other changes to terms and conditions of employment are detailed in the agreed upon MOUs as shown in Exhibit "A' for the fire safety employees and Exhibit "B" for the Fire Marshal. SECTION 3. Where provisions of.the MOU are inconsistent with existing Personnel Rules, the MOU shall govern. SECTION 4. 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 5. The remaining provisions of Resolution 7223, as amended, shall remain in full force and effect until amended or repealed by Resolution of the City Council. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 6TH DAY OF AUGUST, 1996. • � C ti Mayor ATTEST: U City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council on the 6th day of August, 1996. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEM 3ERS: ABSTAIN: COUNCILMEMBERS: APPROVED AS TO FORM: Herfert, Manners, McFadden, Wong, Touhey None .None None f City Clerk wmd:fir m .m 7-29-96 0 CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES WEST COVINA FIREHZGHTERS' ASSOCIATION APRIL 1,1996 CLASSIFICATION RA GE Firefighter 3191- 3880 Firefighter/Paramedic 3720 - 4521 Engineer 3720 - 4521 Captain 4350 - 5287 woid:fiie .w 7-29-96 • APPENDIX "B" CITY OF WEST COVINA EMPLOYEE CLASSIFICATION AND SALARY RANGE JUNE 29,1996 CLASSIFICATION RANGE Fire Marshal 4564 - 6161 wad:fire .w 7-29-96 EXHIBIT "A" 40 MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT FOR THE CITY OF WEST COVINA WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226 AUGUST 6, 1996 THROUGH JUNE 30, 1997 cn:fi=ou.796 cr • TABLE OF CONTENTS PAGE NO. SECTION 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 S. SALARY ADJUSTMENTS . . . . . . . . . . . . . . . . 4 SECTION 6. RETIREMENT . . . . . . . . . . . . . . . . . . . . 4 SECTION 7. HEALTH AND DENTAL . . . . . . . . . . . . . . . . 4 SECTION S. RETIREE HEALTH BENEFITS . . . . . . . . . . . . . 5 SECTION 9. UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . 5 SECTION 10. MILEAGE AND EXPENSE REIMBURSEMENT . . . . . . . . 5 SECTION 11. MANNING POLICY . . . . . . . . . . . . . . . . . . 5 SECTION 12. ACTING TEMPORARY AND RANK FOR RANK COVERAGE . . . 6 SECTION13. RESIDENCY . . . . . . . . . . . . . . . . . . . . 6 SECTION 14. JURY DUTY . . . . . . . . . . . . . . . . . . . . 6 SECTION 15. USE OF FACILITIES . . . . . . . . . . . . . . . . 6 SECTION 16. SICK LEAVE . . . . . . . . . . . . . . . . . . . . 7 SECTION 17. BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . 8 SECTION 18. HOLIDAYS . . . . . . . . . . . . . . . . . . . 8 SECTION 19. MINIMUM CALLBACK . . . . . . . . . . . . . . . . . 8 SECTION 20. REQUIRED HOLD OVER AND CALLBACK . . . . . . . . . 8 SECTION 21. EDUCATIONAL LEAVE . . . . . . . . . . . . . . . .8 SECTION 22. TRANSFER AND BID SYSTEM . . . . . . . . . . . . .9 SECTION 23. HANDBOOK . . . . . . . . . . . . . . . . . . . . 11 SECTION 24. OVERTIME POLICY . . . . . . . . . . . . . . . . 12 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. MISCELLANEOUS LEAVES OF ABSENCE . . . . . . . . 22 SECTION 31. SAFETY EQUIPMENT . . . . . . . . . . . . . . . . 22 SECTION 32. NOTICE OF FUTURE MEET AND CONFER . . . . . . . . 22 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 PREAMBLE 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 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. cn: rj=ou.796 1 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 herein, in addition to 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. cn:r=mo .796 2 • C. Contracting - Should the City consider contracting out any bargaining unit work, it shall notify the Association of its intent for such work and meet and confer in good faith prior to -thy implementation if it impacts wages, benefits or conditions of employment. Absent such impacts, management shall be provided discretion in entering into agreements with other agencies. SECTION 3. TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall remain in full force and effect from the date of approval by the City Council through midnight June 30, 1997. Terms and conditions of the Memorandum of Understanding shall continue, unless changed, 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. mfi=w.796 3 SECTION S. SALARY ADJUSTMENTS A. Preamble - In an effort to achieve salaries which are competitive in the market, the City and the Association agree to work cooperatively to determine sources of additional revenue, areas of cost savings, and new methods of providing quality services to the community. Participation by the employees shall play a significant role in achieving departmental goals and maintaining a high level of productivity. B. Salary Adjustments - A four and one-half percent (4.5%) salary adjustment shall be provided to the classifications covered by this agreement effective April 1, 1996. 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. 8. Military service credit as public service. (Section 20930.3) SECTION 7. HEALTH AND DENTAL 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 $70 per month per active employee. The City shall provide up to $20 per month to offset the cost of dental insurance. oo:r�w.79e 4 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 provide $70 per month towards the PERS health insurance premium for each retiree. SECTION 9. UNIFORM ALLOWANCE The City shall provide a uniform allowance of $350 per year to each employee. Each employee shall be provided two (2) pairs of pants made from nomex material. Effective January 1, 1997, the nomex pants shall be the only authorized work uniform pants. 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: 1. Three-man engine companies (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 purposes of relief, one of the Paramedics assigned to the engine and/or truck company may be replaced by either a Firefighter or a Firefighter/Paramedic. co:r�w.796 5 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 extended absence, 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 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. cn:fir w.796 6 SECTION 16. SICK 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 Iniury - 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 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 between 480 hours and 1200 hours. The maximum total payoff would be the equivalent of 360 hours at full pay. rn:fircmou.796 7 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. REQUIRED 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. 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. cn:fv w.796 8 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 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. cn: fi=w.796 9 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 position, 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. 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. D. 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. mfsre .796 10 b. Fire Engineers shall have the option of bidding for transfer each year. 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 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. cnlf' w.796 11 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, except for one 24 hour shift that may be taken in two 12 hour periods per calendar year under the following procedure: 1. The person requesting the time in 12 hour periods must find their own relief. 2. The date and time that is desired off shall be posted on HP mail so that each of the other two shifts will have worked at least one full 24 hour shift. 3. Persons wanting to work the 12 hours shall respond by HP mail to the person requesting the time off. 4. There shall be a record kept of the hours taken off in 12 hour periods and the hours of the people who worked the overtime. 5. The person with the lowest hours will have the option of working the 12 hours. If there is_a tie on hours the time goes to the person with the highest seniority. 6. It is the responsibility of the person taking the time off to determine who has the lowest hours. 7. Once the person agrees to work the 12 hours the paperwork is completed and the hours are logged in the overtime book. The person is now responsible to work the time. 8. The person taking the 12 hours off is responsible for notifying the Station 2 Captain who is working of the requested time off so it can be logged and placed on the O.T. calendar. cn:Firc m.796 12 9. The log shall be kept by a Captain, the hours are logged at the time of notification of the overtime, not at the time of the actual O.T. 10. Hours shall be zeroed out at the end of every year. Vacations shall not be changed once the list is 40 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. Banked vacation shall not exceed 480 hours. 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 2 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. mfi=m.796 13 C. Sign up Overtime - Overtime shall be handled by Station 2 Captains. A master book with participating employee names and hours.of overtime worked or charged shall be kept available for inspection at Station 2. 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. 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. The captain will call each station for sign-ups. 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. cn:fl a m.796 14 D. Mandatory Overtime - If more people are needed than have signed up for overtime, Station 2 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 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. This person may elect to find a replacement for his mandatory if he does not want to work. A short period of time, 15 minutes or more at the discretion of the Captain, may be granted to find a replacement. If a replacement is found, he will still be charged the additional 24 hours. The replacement who actually works will also be charged 24 hours unless he was already charged 24 hours on the first round of calls for his mandatory position. 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 mfimmm.796 15 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 be contacted, 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 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 cn:fimma .796 16 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. Emergency Recall Overtime - An Emergency Recall Overtime List shall be kept at Fire Station 2 , and with Battalion 71 and Dispatch. The Emergency Recall List shall be a Fire Department roster with personnel listed according to distance (actual mileage) from private residence to the City of West Covina, starting with the closest member first. The Emergency Recall Roster may be used by the used by the Battalion Chief or designee when time is of the essence in filling positions. The Roster is only to be used when staffing falls below three engines and one squad for extended periods of time. F. 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). 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 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. cn:f' a M.796 17 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. 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 2 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 2 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 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. cn:fi=w.796 18 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 2. 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. Employees may not sign up for an overtime shift the day following a shift taken off due to personal illness. G. 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. H. Coverage For 1 - 4 Hours - If coverage is needed from 1 - 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 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 willing to work it. cn:firt m.796 19 If no one is available for holdover, then the Captain shall go to the sign up list. If the employee with the lowest hours onthe 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 they must work it. I. Procedure For Over Four Hours and Less Than Twelve 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 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. GRIEVANCE PROCEDURE Refer to Personnel Rule XV, Grievance and Complaint Procedure. SECTION 26. HAIR STANDARDS 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 collar 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 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 third member, said person shall be selected cn:fi=w.796 20 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 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 service where their disabilities will not affect the performance of their duties. This policy will extend 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 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 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. m:e�a.796 21 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 July 1, 1997, the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 1997. cn:fv m.796 22 • WEST COVINA FIREFIGHTERS' ASSOCIATION LOCAL #3226 APPROVED AS TO FORM: CITY ATTORNEY CITY WEST COVINA L DATE 1196 mrPo .796 23 TABLE OF CONTENTS PAGE NO. • 1 SECTION 1. SALARY ...................................... SECTION 2. RETIREMENT .................................. 1 SECTION 3. MEDICAL AND DENTAL INSURANCE BENEFIT........ 2 SECTION 4. RETIREE HEALTH BENEFIT ..................... 2 SECTION S. DEFERRED COMPENSATION ...................... 2 SECTION 6. WORK RELATED DISABILITY COVERAGE ........... 2 SECTION 7. LIFE INSURANCE .............................. 3 SECTION S. LONG TERM DISABILITY INSURANCE ............. 3 SECTION 9. VACATION .................................... 3 SECTION 10. SICK LEAVE .................................. 5 SECTION 11. ADMINISTRATIVE LEAVE ........................ 6 SECTION 12. BEREAVEMENT LEAVE ........................... 7 SECTION 13. HOLIDAYS .................................... 7 SECTION14. PERSONAL LEAVE .............................. 7 SECTION 15. HOURS OF WORK .............................. 7 SECTION16. JURY DUTY ................................... 7 SECTION 17. TUITION REIMBURSEMENT ....................... 8 SECTION 18. GRIEVANCE PROCEDURE ......................... 8 SECTION 19. DISCIPLINARY PROCESS ........................ 8 SECTION 20. EMPLOYEE AND EMPLOYER RIGHTS ................ 8 SECTION 21. OTHER PROVISIONS NOT COVERED HERE........... 8 SECTION 22. NOTICE OF FUTURE MEET AND CONFER............ 8 SECTION 23. SEVERABILITY................................ 9 SECTION 24. TERM ........................................ 9 mwp�mm ficmne6.m 7-9-96 • EXHIBIT "B" • • MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF FOR THE CITY OF WEST COVINA 0 WEST COVINA FIREFIGHTERS' ASSOCIATION THE FIRE MARSHAL JUNE 29, 1996 THROUGH JUNE 30, 1997 cmwp\m Gemmmh m 7-9-% • • MEMORANDUM OF UNDERSTANDING BETWEEN THE REPRESENTATIVES OF MANAGEMENT FOR THE CITY OF WEST COVINA AND WEST COVINA FIREFIGHTERS' ASSOCIATION • REPRESENTING THE FIRE MARSHAL PREAMBLE In the interest of maintaining harmonious and stable relationships between the City of West Covina (hereinafter City) and the Fire Marshal 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 implement this agreement and provide for the changes in wages, hours, fringe benefits, and other terms and conditions of employment for the members of the Association effective June 29, 1996, (except as otherwise stated herein) and continuing through the term of the MOU. THEREFORE, the representatives of the City and the Association agree as follows: SECTION 1. SALARY A salary increase of 4% shall be provided effective June 29, 1996. SECTION 2. RETIREMENT The City shall pay the normal member retirement contribution (9t) as required under the Public Employees' Retirement System. The contract between the City and Public Employees' Retirement System shall provide the following programs: w:wpXm : tremu.6.m 7-9-96 1] • =:wp%m : fiem.nh.m 7_9-96 A. Unused accumulated sick leave may be converted to additional service credit at the time of retirement pursuant to • Public Employees' Retirement System (hereinafter PERS) Section 20862.8. B. Retirement benefits shall be computed using the One -Year • Final Compensation Option under PERS Section 20024.2. C. Two percent (2%) at fifty. (Section 21252.01) D. Increased level of 1959 Survivors' Benefit. (Section 21382.2) E. One-half (1/2) pay continuance. (Section 21263) F. Retiree death benefit $600. (Section 21367.53) SECTION 3. MEDICAL AND DENTAL INSURANCE BENEFIT The City shall provide $442 per month to offset the employee cost of health insurance. The amount specified for PERS Health Care Plan coverage shall be $16 per month per active employee. The City shall provide up to $20 per. month to offset the cost of dental insurance. SECTION 4. RETIREE HEALTH BENEFIT Provided that employees represented by the Mid -Management Employees' Association have participated in the Public Employees' Medical and Hospital Care Act (PERS Health Plan) with the City, $16.00 per month per eligible retiree shall be contributed towards the payment of premiums for retiree insurance under the Program. SECTION S. DEFERRED COMPENSATION The City shall contribute $150.00 per month to a deferred compensation program. Employees may apply the City's contribution as needed to offset the cost of excess health or dental premiums. SECTION 6. WORK RELATED DISABILITY COVERAGE Whenever any employees of the City are disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall be entitled, regardless of their period of service with the City, to leave of absence while so disabled, without loss of salary. Temporary disability compensation, if any, shall be considered and credited to salary for the period of ,such disability but not exceeding one year, or until such earlier date as they are retired on permanent disability pension. The leave of absence hereby granted shall be in addition m:wp mw frtm.nh.m 7.9-96 request can be justified to, and approved by, the Department Head, Division Manager, and Finance Director. • BECTION 10. SICK LEAVE To aid in reducing illness, the parties shall work in unison to educate and emphasize to employee members the importance of .proper diet, sleep, exercise and other pertinent practices in maintaining a health condition. A. Allowance/Accumulation City employees shall accrue 96 hours of sick leave per year. Following completion of thirty (30) calendar days of continuous full-time service, each City employee shall accrue 3.69 hours per pay period of sick leave pay. For each pay period of service in which the employee has worked or has been paid for one- half or more of the actual number of working hours of such a pay period, he/she shall continue to accrue sick leave. Sick leave may be used by new employees following thirty calendar days of employment. Unused sick leave may be accumulated without limit. B. Use of Sick Leave No more than 40 hours 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 40 hours of sick leave within any calendar year may be granted to an employee each absence due to death of his/her immediate family. The phrase "immediate family" is defined as 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 employee. C. Reinstatement of Sick Leave Any employee who is reinstated under the provisions of the Personnel Rules shall be given full credit for his/her unused accumulated sick leave at the time of termination, provided, however, that no payoff for accumulated sick leave was received upon termination. Upon reemployment, an employee who was terminated due to layoff will have sick leave time reinstated in that amount accumulated at the time of layoff up to a maximum of 320 hours. In the event that through the course of continued employment mmp%m : fremunh. 7-9-96 of service 40 additional hours vacation shall be granted; from 13 up to and including 108 months, vacation shall be earned at the • rate of 4.62 hours per pay period; and from 109 up to and including 120 months, vacation time shall be earned at the rate of 4.92 hours per pay period; and from 120 up to and including 132 months, vacation time shall be earned at the rate of 5.23 hours per pay period; and from 132 up to and including 144 months, vacation time shall be earned at the rate of 5.54 hours per pay period; and from 144 up to and including 156, vacation time shall be earned at the rate of 5.85 hours per pay period; and from 156 or more months, vacation time shall be earned at the rate of 6.15 hours per pay period, up to a maximum not to exceed 160 hours earned vacation per year. B. Vacation Accrual for Holidays If a holiday falls within a scheduled vacation period, eight additional hours of vacation shall be granted. C. Payment for Unused Vacation 1. Any employee, who has been in continuous full-time service of the City for a period of six (6) full months or more, who is terminating his/her employment, shall be paid for accrued vacation time on the effective date of termination. 2. Upon request of the employee and the department head and with approval of the City Manager, in order to address unusual or emergency conditions, an employee may be paid the straight time daily equivalent of his/her salary in lieu of vacation time off. Such payment shall be for no more than 40 hours in any one calendar year, except as otherwise provided herein. D. Advance Payment of Vacation Any employee who is authorized to take 40 or more hours of vacation with pay at one time may apply for the payment of salary in advance for any pay period occurring during the period of the employee's authorized vacation. The application must be approved by the employee's Department Head and filed with the Finance Director .at least seven (7) days before the vacation period for which the salary advance is requested. In cases of extreme emergency where the employee is unable to give the required notice, approval for an advance vacation check may be given where such mwplanm: Gcmenh.m 7-9-% to, and shall not be charged to or deducted from, accumulated sick leave except as provided herein. Such leave, however, shall not be paid for more than seven days unless and until such employees are • awarded or receive disability benefits under the Worker's Compensation and Insurance Law of the State of California based upon such disability. When and while applicable, this section shall supersede the provisions of the Grievance Procedure. SECTION 7. LIFB INSURANCE The City shall provide a term life insurance policy in the amount of $100,000. SECTION S. LONG TERM DISABILITY INSURANCE The City shall provide a long term disability program which provides sixty percent (60%) of the employee's gross salary up to a maximum of $5000 after a waiting period of 180 days. Coverage after 90 days may be purchased by the employee through payroll deduction. SECTION 9. VACATION It is the policy of the City that where possible, vacation be taken annually in the year earned. The time during the year at which an employee may take vacation shall be determined by the appointing authority of such employee with due regard for the wishes of the employee and particular regard for the needs of the service. Vacation leave shall accumulate to a maximum of: Hours Accumulated Maximum Months of Service Per Pay Period Accruals 1-12 3.08 240 13-108 4.62 280 109-120 4.92 288 121-132 5.23 296 133-144 5.54 304 145-156 5.85 312 157+ 6.15 320 A. Vacation Accrual 1. Accrual Rates Each full-time employee shall accrue vacation leave with pay at the rate of 3.08' hours per pay period up to and including 12 months of service, and at the completion of one year mwp\m fmm.M.m 7.9-96 • accumulated sick leave exceeds 320 hour, payoff for such excess accumulations shall be in accordance with the payoff provisions of • the program, but in no case shall the aggregate of such amount(s) exceed that provided by the policy. D. Sick Leave Pay -Off Upon Termination Employees upon termination of continuous service, other than by discharge, shall be paid for one third of all sick leave accrued to the time of such termination at current compensation when employed with the City over three years to a maximum of 400 hours. E. Physician's Certificate on Use of Sick Leave The Department Head may require evidence in the form of a physician's certificate, or written statement, as to adequacy of reason for any employee's absence of two (2) or more consecutive working days for which sick leave was requested. A failure to supply or provide said certificate or written statement shall be grounds for denial of sick leave pay and the imposition of such disciplinary action as may be deemed appropriate. F. Physical Examination Any employee absent from work for a period of three (3) or more consecutive working days, due to illness or accident, may be required to submit to and successfully complete a physical examination before returning to active duty. The physical examination will be conducted by a physician of the City's choice, with all costs to be paid by the City. SECTION 11. ADMINISTRATIVE LEAVE A minimum of 56 hours per year of administrative leave based upon date of hire into a mid -management position is granted to employees. Additional administrative leave based upon annual vacation accruals may be granted at the discretion of the department head. Such additional leave time shall be calculated at the rate of twenty-five percent of an employee's annual vacation accrual as of January 1 of each year. The use of administrative leave is to be in accordance with current administrative guidelines approved by the City Manager. =wpNmw: fmmu.h.m 7-9-96 SECTION 12. BEREAVEMENT LEAVE Bereavement - 40 hours of said leave per calendar year will be available to an employee in the event of the death of said employee's grandparent, parent, spouse, child, stepchild, brother, or sister. The program is supplemental to the current sick leave program. • SECTION 13. HOLIDAYS A. Fixed Holidays The City will recognize the following days as official City fixed holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve (unless Christmas falls on a Saturday, Sunday or Monday) and Christmas Day. SECTION 14. PERSONAL LEAVE (FLOATING HOLIDAYS) Employees are entitled to 40 hours per calendar year as personal leave time which is available for use subject to the approval of the department head or designated authority. Personal leave becomes usable on January 1 of each calendar year and must be used by December 31 of the same calendar year. Personal leave may not be carried over into the next calendar year nor may the hourly equivalent be paid in lieu of time off. SECTION 15. HOURS OF WORK The employee shall work a 9/80 work schedule with one day every other week as the scheduled day off. SECTION 16. JURY DUTY A. Jury Duty 1. No deductions shall be made from the salary of an employee while on jury duty if he/she has waived or remitted to the City the fee for jury duty paid for hours the employee is scheduled to work. If he/she has not so waived or remitted the jury fee, he/she shall be paid only for the time actually worked in his/her regular position. An employee accepted for jury duty shall immediately notify his/her department head in writing whether or not he/she waives or remits his/her jury fee to the City. 2. The City will 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 wmp\m : f=u.e.m 7-" 0 received by the employee for jury duty, exclusive of mileage, shall be remitted to the City. Administrative procedures will govern implementation of this program. SECTION 17. TUITION REIMBURSEMENT It is understood that the annual maximum tuition reimbursement shall be $1130, including books. • SECTION 18. GRIEVANCE PROCEDURE Refer to Personnel Rule XV, Grievance and Complaint Procedure, Sections 15.1 - 15.6. SECTION 19. DISCIPLINARY PROCESS Refer to Personnel Rule XIV, Disciplinary Actions, Sections 14.1 - 14.4. SECTION 20. EMPLOYEE AND EMPLOYER RIGHTS The parties hereto agree that this MOU does not in any manner abridge, modify or restrict the rights and prerogatives of employees and the City as set forth in Chapter 2 of the West Covina Municipal Code. It is understood that said rights and prerogatives of the City include, but are not limited to, determinations as to the levels of service, manning requirements, work schedules, transfers, overtime assignments and approval, number and location of work stations, nature of work to be performed, contracting for any work or operations, employee performance standards, discipline and discharge, 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 recognized bargaining representatives regarding the impact of such management decisions on matters within the scope of representation. SECTION 21. OTHER PROVISIONS NOT COVERED HERE It is understood that all other items relating to employee salaries and benefits not covered in this MOU, are covered by existing ordinances, resolutions, and policies of the City Council, as well as the Personnel Rules and Regulations presently in effect. SECTION 22. 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 employees represented by the Association which would take mw&m Gm.oh.m 7-9-% V 0 • effect on or after July 1, 1997, the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 1997. SECTION 23. SEVERABILITY It is understood and agreed that this MOU is subject to all present and future federal and state laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of federal or state laws or regulations, or otherwise held to be invalid or unenforceable by a tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect. SECTION 24. TERM This MOU shall remain in full force and effect until midnight, June 30, 1997. WEST COVINA FIREFIGHTERS' ASSOCIATION REPRESENTING THE FIRE MARSHAL BY .^ DATE APPROVED AS TO FORM: c� P�ha e�eA ' i/ . ovxon CITY ATTORNEY MANAGEMENT REPRESENTATIVES OF THE CITY OF WEST COVINA BY FO ' ' mwp\m frtm.n6.mao 7-9-96