Resolution - 9667RESOLUTION NO. 9667
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADOPTING THE PROPOSED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA FIRE
ASSOCIATION; AMENDING RESOLUTION NO. 7223, RELATING TO
COMPENSATION AND CLASSIFICATION OF POSITIONS AS AMENDED, AND
FIXING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY
THE WEST COVINA FIRE ASSOCIATION.
WHEREAS, the City of West Covina has met and conferred with the West Covina Fire
Association; and
WHEREAS, the City and Fire Association have agreed upon certain changes to salary
and benefits, and terms and conditions of employment in an agreed upon Memorandum of
Understanding (MOU); and
WHEREAS, the MOU 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. Term. The Memorandum of Understanding (MOU) is a three-year term,
and shall remain in full force and effect through midnight, June 30, 2001.
SECTION 2. Salary. Effective June 27, 1998, the City shall provide a 3% salary
increase for employees in the classifications of Fire Captain, Fire Engineer/Paramedic, and
Firefighter. Effective June 26, 1999, the City shall provide a 3% salary increase for same
employees. Effective June 24, 2000, the City shall provide a 3% salary increase for same
employees.
SECTION 3. Uniform Allowance. For each year of the contract, the City will provide
a $50 increase for uniform allowance.
SECTION 4. Educational Incentive. Effective July 1999, the City will provide $100
per month for a Bachelor's Degree and $100 per month for a Master's Degree.
SECTION 5. Bilingual Skills Pay. Effective July 1999, employees with bilingual skills
shall receive $100 per month provided they possess and are using a language skill
necessary for effective communication within the community, are assigned by the Fire Chief
and have been certified by the Personnel Services Department. The Fire Chief shall
determine the language skills necessary to effectively conduct Fire business and activities
with the citizens of the community, subject to approval of the City Manager. The Personnel
Services Department shall certify, through testing, that the employee has a basic
fundamental conversational skill level. Only one (1) allowance will be paid to an employee
regardless of the number of certified languages.
SECTION 6. Annual Bid System. The Transfer and Bid System will be amended
effective January 1999. Fire Captains shall have the option of bidding for transfer even -
numbered years. Fire Engineers shall have the option of bidding for transfer odd -numbered
years. Firefighters and Paramedics shall have the opportunity to bid for transfer each year.
SECTION 7. Banked Vacation. The limitations of the Banked Vacation policy in the
MOU shall be amended as follows: Limitations on the number of people allowed off on
vacation per shift: 3 Captains, 3 Engineers, 4 Firefighters or Paramedics. All other
provisions of Section 24 shall remain unchanged.
SECTION 8. Paramedic Coverage. Paramedic coverage on an interim basis will be
covered by a trained and certified Fire Captain. The Fire Captain may continue as a
Paramedic until a trained and certified Paramedic is available. A Fire Captain shall receive
Sixty-seven Dollars ($67.00) per full shift when assigned to Paramedic duties.
SECTION 9. Medical contributions. The City contributes $435 per month to offset
the employee cost of health insurance. Effective the month following adoption of this
agreement, the City shall contribute $449 per month, or an amount equal to the Kaiser
Family (Employee + 2 Dependents) monthly premium, whichever is greater, to offset the
employee cost of health insurance.
SECTION 10. Retiree Medical. As soon as administratively practical, a fifty -dollar
($50.00) per month adjustment to offset retiree medical premiums, through the Public
Employees' Retirement System (PERS) shall be implemented for the 1998-99 fiscal year.
Another fifty -dollar ($50.00) per month adjustment to offset retiree medical premiums,
through the Public Employee's Retirement System. (PERS) shall be implemented for the
1999-00 fiscal year. A third fifty -dollar ($50.00) per. month adjustment to offset retiree
medical premiums, through the Public Employee's Retirement System (PERS) shall be
implemented for the 2000-01 fiscal year. The parties agree to continue to explore an
alternative contribution method for retiree medical that will enable the retirees to receive the
City contribution for medical premiums without reducing current employee Flexible Benefit
deferred contributions when the employee elects no insurance coverage. By entering into
this agreement, the parties do not waive any other remedy, at law or in equity, they may
have with regard to this matter.
SECTION 11 PERS Survival Benefit. The City will increase the PERS 1959
Survivor Benefit from Level II to Level IV.
SECTION 12. All other benefits and conditions of employment remain the same as
current practice as detailed in the agreed upon MOU.
SECTION 13. Where provisions of the MOU are inconsistent with existing Personnel
Rules, the MOU shall govern.
SECTION 14. 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 15. The remaining provisions of Resolution No. 7223 and 6482, as
amended, shall remain in full force and effect until amended or repealed by Resolution of
the City Council.
SECTION 16. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 16th day of March 9.
ATTEST: yor Kathy H and
City Clerk
I HEREBY CERTIFY that the foregoing was duly adopted by the City Council on the 16th day of
March 1999.
AYES: Herfert, Howard, Touhey, Wong, Melendez
NOES: None
ABSENT: None
ABSTAIN: None (� r
City Clerk
APPROVED AS TO FORM:
ity Attorney `'
ATTACHMENT
CITY OF WEST COVINA
CLASSIFICATIONS AND SALARY RANGES
FIRE ASSOCIATION
June 27, 1998
Classification
Pay Range
Step 1
Step 2
Step 3
Step 4
Step 5
Fire Captain
F030
4547
4774
5013
5264
5527
Fire Engineer/Paramedic
F020
3889
4083
4287
4502
4727
Firefighter
F010
3337
3504
3679
3863
4056
June 26, 1999
Classification
Pay Range
Step 1
Step 2
Step 3
Step 4
Step 5
Fire Captain
F030
4682
4916
5162
5421
5693
Fire Engineer/Paramedic
F020
4006
4206
4416
4637
4869
Firefighter
F010
3438
3610
3790
3979
4178
June 24, 2000
Classification Pay Range Step 1 Step 2 Step 3 Step 4 Step 5
Fire Captain F030 4825 5066 5319 5585 5864
r
Fire Engineer/Paramedic F020
Firefighter F010
10
4126 4332 4549 4776 5015
3540 3717 3903 4098 4303
•
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST COVINA
AND
WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226
JUNE 27, 1998 THROUGH JUNE 30, 2001
TABLE OF CONTENTS
PAGE NO.
SECTION 1.
RECOGNITION/REPRESENTATION UNIT.......................................1
SECTION 2.
SCOPE AND PREVAILING RIGHTS ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I
SECTION 3.
TERM OF MEMORANDUM OF UNDERSTANDING ........................2
SECTION 4.
STATE AND FEDERAL OBLIGATIONS, SEPARABILITY..............3
• SECTION 5.
SALARY ADJUSTMENTS.......................................................................3
SECTION6.
RETIREMENT
...........................................................................................3
SECTION 7.
HEALTH AND DENTAL .............................
SECTION 8.
RETIREE HEALTH BENEFITS.............................................................4
SECTION 9.
UNIFORM ALLOWANCE.......................................................................5
SECTION 10.
EDUCATIONAL INCENTIVE,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5
SECTION 11.
BILINGUAL SKILLS PAY......................................................................5
SECTION 12.
MILEAGE AND EXPENSE REIMBURSEMENT................................5
SECTION 13.
MANNING POLICY..................................................................................6
SECTION 14.
ACTING TEMPORARY AND RANK FOR RANK COVERAGE ......6
SECTION 15.
PARAMEDIC CAPTAIN COVERAGE..................................................6
SECTION16.
RESIDENCY...............................................................................................6
SECTION17.
JURY DUTY...............................................................................................6
SECTION 18.
USE OF FACILITIES................................................................................7
SECTION 19.
SICK LEAVE.................................................................... .......................7
SECTION 20.
BEREAVEMENT LEAVE........................................................................8
SECTION 21.
HOLIDAYS.................................................................................................8
SECTION 22.
MINIMUM CALLBACK..........................................................................8
SECTION 23.
REQUIRED HOLD OVER AND CALLBACK......................................8
SECTION 24.
EDUCATIONAL LEAVE.........................................................................9
SECTION 25.
TRANSFER AND BID SYSTEM,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...................9
SECTION26.
HANDBOOK.............,,,,,,...........................11
..............................................
SECTION 27.
OVERTIME POLICY.............................................................................11
SECTION 28.
GRIEVANCE PROCEDURE,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,17
SECTION 29.
HAIR STANDARDS................................................................................17
SECTION 30.
PAYROLL DEDUCTIONS ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,17
SECTION 31.
LAYOFF POLICY AND PROCEDURE ............................................... I8
SECTION 32.
DISABILITY DISCRIMINATION ................. .......................................18
SECTION 33.
MISCELLANEOUS LEAVES OF ABSENCE.....................................18
SECTION 34.
SAFETY EQUIPMENT...........................................................................18
SECTION 35.
NOTICE OF FUTURE MEET AND CONFER....................................19
4
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 43226,
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.
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.
- 1 -
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.
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 the 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, 2001. Terms and conditions of the
Memorandum of Understanding shall continue, unless changed, by completion of the meet and
confer process.
0
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.
SECTION 5. 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
Effective June 27, 1998, a salary adjustment of three percent (3%)' shall be
provided to the classes represented by the Association.
Effective June 26, 1999, a salary adjustment of three percent (3%) shall be
provided to the classes represented by the Association.
Effective June 24, 2000, a salary adjustment of three percent (3%) shall be
provided to the classes represented by the Association.
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:
Increased level of 1959 survivors benefit. (Section 21382.2) Effective as
soon as administratively practical, the City shall implement Section 21574
(Fourth Level of 1959 Survivor Benefits) for fire members.
2. Credit for unused sick leave. (Section 20862.8)
Two percent (2%) at age fifty (50) formula. (Section 21252.01)
3-
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)
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 contribute $435 per month to offset the employee cost of health insurance.
Effective the month following adoption of this agreement, the City shall contribute $449 per
month, or an amount equal to the Kaiser Full Family monthly premium, whichever is greater, to
offset the employee cost of health insurance. The amount specific for PERS Health Plan coverage
shall be one hundred fifty dollars ($150.00) per month per active employee and shall be adjusted in
accordance with SECTION 8. RETIREE HEALTH BENEFITS, below. 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 provide $150 per month towards the PERS health insurance premium for
each retiree.
As soon as administratively practical, a fifty dollar ($50.00) per month adjustment to offset
retiree medical premiums, through the Public Employees' Retirement System (PERS) shall be
implemented for the 1998-99 fiscal year.
Another fifty dollar ($50.00) per month adjustment to offset retiree medical premiums,
through the Public Employees' Retirement System (PERS) shall be implemented for the 1999-00
fiscal year.
A third fifty dollar ($50.00) per month adjustment to offset retiree medical premiums,
through the Public Employees' Retirement System (PERS) shall be implemented for the 2000-01
fiscal year.
WE
The parties agree to continue to explore an alternate contribution method for retiree medical
that will enable the retirees to receive the City contribution for medical premiums without reducing
current employee Flexible Benefit deferred contributions when the employee elects no insurance
coverage. Any alternative method shall not result in an added financial or administrative obligation
on the City and shall be consistent with all applicable laws.
SECTION 9. UNIFORM ALLOWANCE
• The City shall provide a uniform allowance of $400 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.
Effective as soon as administratively practical for disbursement in the 1998-99 fiscal year,
an increase of fifty dollars ($50.00) to $450 per year shall be implemented.
Effective in the 1999-00 fiscal year, another increase of fifty dollars ($50.00) to $500 per
year shall be implemented.
Effective in the 2000-01 fiscal year, a third increase of fifty dollars ($50.00) to $550 per
year shall be implemented.
SECTION 10. EDUCATIONAL INCENTIVE
Effective July, 1999, employees represented by the Association shall be eligible for the
following educational incentives following the month in which the degree is obtained:
A. Bachelor Degree: $100 per month
B. Master Degree: $100 per month
SECTION 11. BILINGUAL SHILLS PAY
Effective July, 1999, employees with bilingual skills shall receive one hundred dollars
($100.00) per month provided they possess and are using a language skill necessary for effective
communication within the community, are assigned by the Fire Chief and have been certified by
Personnel Services. The Fire Chief shall determine the language skills necessary to effectively
conduct fire business and activities with the citizens of the community, subject to approval of the
City Manager. Personnel Services shall certify, through testing, that the employee has a basic
fundamental conversational skill level. Only one (1) allowance will be paid to an employee
regardless of the number of certified languages.
•SECTION 12. 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.
5-
SECTION 13. MANNING POLICY
The City will maintain a minimum staffing of Companies and Units as follows:
1. Four -man engine companies (1 Captain, 1 Engineer, 2 Firefighter/
Paramedic)
2. Three-man truck companies (1 Captain, 1 Engineer, 1 Firefighter)
3. Two -man Paramedic rescue units to remain only until the Paramedic Engine
• Companies have been implemented.
SECTION 14. ACTING TEMPORARY AND RANK FOR RANK COVERAGE
Acting temporary and rank for rank coverage provisions shall include the following
exception:
"In the event of short time, temporary absences such as an officer's meeting."
SECTION 15. PARAMEDIC CAPTAIN COVERAGE
A trained and certified Fire Captain may be assigned, on an interim basis, to cover a
Paramedic position. While a Firefighter is at paramedic school, the Department may, at its
discretion, assign either a Fire Captain, Firefighter or Paramedic to maintain proper manning. If
the Firefighter in training does not satisfactory complete school, the Fire Captain may continue as a
Paramedic until trained and certified staff are available through attrition and employment. A Fire
Captain shall receive compensation equal to the increase, which is received by Firefighters when
reclassified as Paramedics when assigned to Paramedic duties.
SECTION 16. 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 17. 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 18. 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 19. 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. Sick Leave Notification — Employees shall make notification to the
appropriate on duty Captain between 1700 hours and 0700 hours prior to a
scheduled shift day. Sick leave call in before 1700 hours on a day prior to an
employee's scheduled work day must be made by the employee by telephone to the
on -duty Battalion Chief.
C. 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.
D. Physician Documentation — Proof of medical treatment may be required after
absence due to illness or injury for periods extending two consecutive shifts or
more. If documentation is to be required it will be requested before or during the
time of the second normal shift day that the employee would have been working. If
absence has been due to an off duty injury that prohibits return to full duty, the City
reserves the right to require an evaluation by the City's occupational physician at
City expense.
E. Sick Leave Recuperation —Sick leave is provided for the purpose of
recuperating from illness or injury. Participation in other work or recreational
activities in not considered appropriate use of sick leave time, Employees may be
contacted at any time while on sick leave to secure an update on health status unless
on extended sick leave or where regular contact is deemed impractical or
unnecessary due to physician documentation.
ere
F. 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.
G. I 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.
SECTION 20. 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 21. 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 22. 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 23. 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.
M
SECTION 24. 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 reimbursement
under the City's Tuition Reimbursement Program with the approval of the Fire Chief.
SECTION 25. 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
d. Firefighters and Paramedics 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 st 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:
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 26. 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 27. OVERTIME POLICY
A. Vacation time shall be taken in 24 hour periods, except for one 24 hour
period that may be taken in four (4) to twelve (12) hour increments, per calendar
year utilizing the following procedure:
1. The person requesting the time must find their own relief.
2. The date and time desired off must be posted on E-mail so that each of the
other shifts will have worked at least one full 24 hour shift.
Persons wanting to work the hours shall respond by E-mail to the person
requesting the time off.
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 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:
Station assignments shall be open for bid according to the following:
a. All classes shall have the option of bidding for transfer to be effective
in March, 1999.
b. Fire Captains shall have the option of bidding for transfer to be
effective January of even -numbered years.
C. Fire Engineers shall have the option of bidding for transfer to be
effective January of odd -numbered years.
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4. There shall be a record kept of the hours taken off in four (4) to twelve (12)
hour increments and the hours of the people who worked the overtime.
5. The person with the lowest hours will have the option of working the
overtime hours, in the case of a tie it will go 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 overtime and the hours are logged in the
overtime book (if the overtime is 12 hours or greater), the person is
responsible to work the time.
8. The person taking the time off is responsible for notifying the on duty
Station 2 Captain, of the requested time so it can be logged and placed on the
overtime. calendar.
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 overtime.
10. Hours shall be zeroed out at the end of every year.
11. With a Battalion Chiefs approval, an employee may call for a vacation day
between 1800 hours the day before and 0760 hours the day of said vacation.
B. Banked Vacation- Banked vacation shall not exceed 480 hours.
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 or Paramedics
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.
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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.
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
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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
is 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 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).
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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. Emergency Recall Overtime - An Emergency Recall Overtime List shall be
is
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 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.
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.
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.
96 hours can only be worked if the last. shift is call back or a sign up shift, or
the employee has at least 24 hours of vacation accumulated. The 96 must be
approved or denied either the evening immediately before or the actual morning
before the start of the 96.
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.
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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 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
isless 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 28. GRIEVANCE PROCEDURE
Refer to Personnel Rule XV, Grievance and Complaint Procedure.
SECTION 29. 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, nor 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 from a panel of five (5) names to be
requested from the State Conciliation Service.
SECTION 30. 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.
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SECTION 31. LAYOFF POLICY AND PROCEDURE
Refer to Personnel Rule XI, Layoff/Reemployment.
SECTION 32. 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 obligi tion 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.
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 33. 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 34. 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.
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SECTION 35. 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, 2001, the Association shall serve upon the City Manager a written request to meet and confer no
later than February 1, 2001.
WEST COVINA FIREFIGHTERS'
ASSOCIATION LOCAL #3226
IAFF, AFL-CIO, CLgC
DATE -E// ( f ( 9
APPROVED AS TO FORM:
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