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Resolution - 2005-67• RESOLUTION NO.2005-67 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 FIREFIGHTER'S ASSOCIATION; AMENDING RESOLUTION NUMBERS 2004-72 AND 7223 RELATING TO COMPENSATION AND CLASSIFICATION OF POSITIONS AS AMENDED, AND FIXING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE FIREFIGHTER'S ASSOCIATION WHEREAS, the City of West Covina has met and conferred with the West Covina Firefighter's Association (FFA); and WHEREAS, the City and the FFA have agreed upon certain changes to salary, benefits, and terms and conditions of employment in agreed upon Memorandum of Understanding (MOU), as outlined in Attachment A; 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: Memorandum of Understanding is for a three (3) year term, and shall remain in full force and effect through midnight, June 30, 2007. SECTION 2. Salary: Effective the first day of the pay period beginning on or after July 1, 2004, a 4% salary increase for the members of the Firefighter's Association; effective the first day of the pay period beginning on or after July 1, 2005, a 2.5% salary increase; effective the first day of the pay period beginning on or after January 1, 2007, a 2.5% salary increase. SECTION 3. Medical Insurance Cap: Effective July 1, 2004, the maximum monthly amount unit employees may choose to use towards the City's payment for medical premiums, deferred compensation, or cash out in lieu of only medical premiums shall be capped at $600 per month. Any cost paid by the City above the $600 cap can only be used for monthly medical premiums. Unit employees who received payments in excess of $600 medical cap on and after July 1, 2004 shall have monies repaid to the City by having them deducted from any retroactive payments the City owes these unit employees as a result of entering into this MOU. The monies received by the City as a result of the medical cap will be placed in the City's General Fund and used for all purposes by the City. SECTION 4. Medical: Kaiser Full Family Premium (Employee plus 2) to be maintained, as per current MOU. SECTION 5. Longevity: Effective July 1, 2004 all sworn fire personnel covered by this agreement and in recognition of continuous sworn service with the City of West Covina, the City shall provide additional compensation for years of service as follows: a. 10 years of service: 2% of base salary b. 15 years of service: 3% of base salary C. 20 years of service: 4.5% of base salary d. 25 years of service: 7% of base salary SECTION 6. Retiree Medical: Effective January 1, 2006, the City shall increase the amount contributed towards the payment of health insurance premiums for eligible retirees from $400 per month to $475 per month. Effective January 1, 2007, an additional $75 per month will be provided, bringing the total to $550 per month for eligible retirees. Resolution No. 2005-67 November 1, 2005 • SECTION 7. Vacation Accrual: Effective July 1, 2005, eligible unit employees shall earn and accumulate to a maximum vacation leave paid at the fifty-six (56) hourly rate as follows: Months of Service Hours Accumulated Per Pay Period Hours Accumulated Per Month Maximum Accruals 1-60* 4.62 10.00 360 61-108 6.93 15.00 420 109-120 7.38 16.00 432 121-132 7.85 17.00 444 133-144 8.31 18.00 456 145-156 8.77 19.00 468 157-167 9.23 20.00 480 168-179 9.69 21.00 480 180-191 10.15 22.00 480 192+ 10.62 23.00 480 *At the completion of 60 months, add 60 hours of vacation leave. SECTION 8. Compensatory Time: Effective the first day of the pay period beginning on or after January 1, 2006, unit employees may elect to receive compensatory time off in lieu of pay for overtime hours worked. a. Employees may elect to receive part compensatory time off and part overtime pay for overtime hours worked. Such compensatory time off shall be credited to the employee's account on a time and one-half basis; i.e, one and one-half hours for each overtime hour worked. b. A maximum of 75 shifts (1,800 hours) department -wide will be available to all unit employees to be taken as compensatory time during each calendar year. Taking compensatory time in lieu of pay for overtime hours worked will be on a first come first serve basis until the 75 shifts (1,800 hours) for the calendar year has been exhausted. For purposes of this section the calendar year will begin on the first day of the first pay period beginning on or after January 1 of each year. C. Unit employees working overtime hours that were created as a result of another unit employee utilizing compensatory time off shall not receive compensatory time off in lieu of pay for those overtime hours worked. d. Unit employees may accumulate up to a total of seventy-two (72) compensatory hours. e. Once compensatory time off is selected and approved by management, the employee may not request cash payment for these hours. Upon separation of employment, the employee shall be paid for accumulated compensatory time. £ Accumulated compensatory time may be utilized as paid leave on a straight time hour for hour basis at the mutual convenience of management and employees. All compensatory time utilized as paid leave by an employee shall be debited from their accrued compensatory time bank. g. All current rules covering the use of vacation time will also apply to the use of compensatory time. It will be the responsibility of the person requesting compensatory time off in lieu of pay for overtime hours worked to inform the Station 2 Captain when accepting the overtime position that the employee is electing to receive compensatory time off in lieu of pay. SECTION 9. Trial Period- 48/96 Work Schedule: Effective the beginning of the work schedule starting with the 24 day cycle on December 26, 2005, the work schedule for shift fire personnel will be converted from 3/4 shift to a 48/96 work schedule for a twelve (12) month trial period commencing on January 13, 2006. `a Resolution No. 2005-67 November 1, 2005 SECTION 10. That Resolution No 2004-72 relating to the minimum staffing policy and the operation of an ambulance service as amended in the Memorandum of Understanding between the City of West Covina and the West Covina Firefighter's Association, I.A. F. F., Local 3226, covering the period of July 1, 2001 to June 20, 2004 is hereby repealed and amended by this Resolution. • SECTION 11. That the remaining provisions of Resolution No. 7223, as amended, shall remain in full force and effect until amended as repealed by Resolution of the City Council. SECTION 12. The City Clerk shall certify to the adoption of this Resolution. APPROVED and ADOPTED on this I't day of November 2005. Mayor Shelley Sanderson ATTEST: I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the I" day of November 2005, by the following vote of the City Council: AYES: Herfert, Hernandez, Miller, Wong, NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM City Attomey Arnold varez-Glasman 0 • • MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT FOR THE CITY OF WEST COVINA AND WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226 JULY 19 2004 THROUGH JUNE 309 2007 'L: MOU - FFA.MOU 04-07 FINAL • • PAGE SECTION 1. RECOGNITION/REPRESENTATION UNIT ....................................................... 1 SECTION 2. SCOPE AND PREVAILING RIGHTS.................................................................... 1 SECTION 3. TERM OF MEMORANDUM OF UNDERSTANDING ........................................ 2 SECTION 4. STATE AND FEDERAL OBLIGATIONS, SEPARABILITY ........................... 3 SECTION 5. SALARY ADJUSTMENTS....................................................................................... 3 SECTION 6. FLSA CREDIT........................................................................................................... 4 SECTION7. RETIREMENT..........................................................................................................4 SECTION 8. MEDICAL AND DENTAL INSURANCE............................................................... 5 SECTION 9. RETIREE HEALTH BENEFIT - CITY'S MONTHLY ...................................... 6 CONTRIBUTION SECTION 10. RETIREE LIFE INSURANCE................................................................................. 6 SECTION 11. PERS EMPLOYEE'S CONTRIBUTION - PAID BY CITY ................................ 6 SECTION 12. UNIFORM ALLOWANCE...................................................................................... 7 SECTION13. LONGEVITY.............................................................................................................7 SECTION 14. EDUCATIONAL INCENTIVE................................................................................ 7 SECTION 15. BILINGUAL SKILLS PAY...................................................................................... 8 SECTION 16. MILEAGE AND EXPENSE REIMBURSEMENT ................................................ 9 SECTION 17. MINIMUM STAFFING POLICY............................................................................ 9 SECTION 18. ACTING TEMPORARY AND RANK FOR RANK COVERAGE ...................... 9 SECTION19. JURY DUTY............................................................................................................... 9 SECTION 20. USE OF FACILITIES............................................................................................... 9 SECTION21. SICK LEAVE........................................................................................................... 10 SECTION 22. BEREAVEMENT LEAVE...................................................................................... 11 SECTION23. HOLIDAYS..............................................................................................................11 SECTION 24. MINIMUM CALLBACK........................................................................................ 11 SECTION 25. REQUIRED HOLD OVER AND CALLBACK .................................................... 12 SECTION 26. EDUCATIONAL LEAVE....................................................................................... 12 SECTION 27. TRANSFER AND BID SYSTEM........................................................................... 13 SECTION 28. VACATION POLICY............................................................................................. 14 SECTION 29. OVERTIME POLICY............................................................................................. 16 SECTION 30. COMPENSATORY TIME...................................................................................... 21 SECTION 31. GRIEVANCE PROCEDURE................................................................................. 22 SECTION 32. HAIR STANDARDS................................................................................................ 22 SECTION 33. PAYROLL DEDUCTIONS.................................................................................... 23 SECTION 34. LAYOFF POLICY AND PROCEDURE............................................................... 23 Z: MOU- FFA.MOU 04-07 FINAL SECTION 35. DISABILITY DISCRIMINATION........................................................................ 23 SECTION 36. MISCELLANEOUS LEAVES OF ABSENCE ..................................................... 23 SECTION 37. SAFETY EQUIPMENT.......................................................................................... 24 SECTION 38. NOTICE OF FUTURE MEET AND CONFER .................................................... 24 SECTION 39. CRITERIA FOR TIAL PERIOD 48/96 WORK SCHEDULE ............................ 24 AGREEMENTPAGE........................................................................................................................... 25 APPENDIX A-1 FIREFIGHTER'S ASSOCIATION POSITIONS ................................................ 29 APPENDIX A-2 FIREFIGHTER'S ASSOCIATION SALARY RANGES .................................... 30 Z: MOU - FFA.MOU 04-07 FINAL • 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 9 T 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. 1► 14 DIUt ► �► 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. 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 _t Z: MOU - HA.MM 04-07 FINAL ASSOC CITY C� conditions of employment. A. F.mp lloXce and Employer Right 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 Renefitc 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. Contrarting 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, 2007. Terms and conditions of the Memorandum of Understanding shall continue, unless changed, by completion of the meet and confer process. Z: MOU - HA.MM 04-07 FINAL K ASSOC CITY • • SECTION 4. STATE AND FEDERAL OBLIGATIONS, SEPARABILITY A. State and Federal Ohligatinns 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. Separ 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 Increase— july 1, 2004 Effective the first day of the pay period beginning on or after July 1, 2004, all classifications in the unit shall receive a four percent (4%) salary increase above their classifications' current assigned salary range, which was in effect in the salary range scheduled on June 30, 2004. This increase will be paid retroactively, as soon as possible after full execution and adoption of this Memorandum of Understanding by the City Council. C. Salary Increase —.Inly 1, 2005 Effective the first day of the pay period beginning on or after July 1, 2005, all classifications in the unit shall receive a two -and -one-half percent (2.5%) salary increase above their classifications' current assigned salary range, which -3 Z: MOU- FFA.MOU 04-07 FINAL ASSOC CITY • • was in effect in the salary range scheduled on June 30, 2005. This increase will be paid retroactively, as soon as possible after full execution and adoption of this Memorandum of Understanding by the City Council. D. Salary Increase—.iamiary 1, 2007 Effective the first day of the pay period beginning on or after January 1, 2007, all classifications in the unit shall receive two -and -one-half percent (2.5%) salary increase above their classifications' current assigned salary range, which was in effect in the salary range scheduled on June 30, 2006. SECTION 6. ELSA CREDIT When an employee represented by the Association, during said employee's regular working hours, is engaged in jury duty (up to seven work days), special assignment and/or level I and level H training, the hours worked shall be considered as compensatory time worked under the Fair Labor and Standards Act. Special Assignments shall be those that benefit the department and/or the City and are authorized by the Fire Chief and shall include, but not be limited to, the following: A. Puhlic F.dncation B. Committee Assignments C. Video Team D. Negotiations SECTION 7. RETIREMENT Public Emnlnyees Retirement System - The City's contract with the State of California Public Employees' Retirement System shall provide the following: A. 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. B. Credit for unused sick leave. (Section 20862.8) C. Three percent (3%) at age fifty (50) formula. (Section 21363.121252.01) D. One-half (1/2) pay continuance. (Section 21263) (Post Retirement Survivor) E. One year final Compensation. (Section 21367.53) -4 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY F. Retiree death benefit $600 dollars. (Section 21367.53) G. PERS member contribution. The City shall pay the normal members contribution (9% of salary) required under the Public Employee's Retirement System. H. Military service credit as public service. (Section 20930.3) I. Continuation of Pre -Retirement Death Benefits After Remarriage Of Survivor. (Section 21551) J. Pre -Retirement Optional Settlement 2 Death Benefit. (Section 21548) SECTION 8. MEDICAL AND DENTAL INSURANCE A. CiLX's Monthly Medical Insurance Preminm Contribution The City shall contribute an amount equal to the Kaiser Full Family monthly premium rate to offset the unit employee cost of medical (health) insurance premiums for eligible employees. B. Employees Monthly Medical Insurance Premiums Contribution The difference of any medical insurance plan premium rates, which are higher than the Kaiser Full Family rate, shall be paid by any unit employee who is enrolled in a medical insurance plan, which is higher than the Kaiser full family. C. Medical insurance Can a. Effective July 1, 2004, the maximum monthly amount unit employees may choose to use towards the City's payment for: medical premiums, deferred compensation, or cash out in lieu of only medical premiums shall be capped at six hundred dollars ($600) per month. Any cost paid by the City above the six hundred dollars ($600) cap can only be used for monthly medical premiums. b. Unit employees who received payment in excess of six hundred dollars ($600) medical cap on and after July 1, 2004, shall have monies repaid to the City by having them deducted from any retroactive payments the City • owes these unit employees as a result of entering into this MOU. The monies received by the City as a result of the medical cap will be placed in the City's General Fund and used for all purposes by the City -5 Z: MOU-FFA.MOU 04-07 FINAL ASSOC CITY • • D. Dental insurance The City shall provide up to a maximum of $30 per month for the cost of dental insurance for unit employees and their qualified dependents. SECTION 9. RETIREE HEALTH BENEFIT — CITY'S MONTHLY A. City Contribution Amonnt 1. The City shall contribute towards the payment of health insurance premiums, for eligible retirees four hundred dollars ($400) per month. 2. Effective January 1, 2006, the City will increase the monthly amount paid to four hundred and seventy five dollars ($475) per month for each eligible retiree. 3. Effective January 1, 2007, the City will increase the monthly amount paid to five hundred and fifty dollars ($550) per month for each eligible retire. 4. These changes will be effective through enacting a resolution pursuant to the Public Employees Retirement System (PERS) requirements and procedures. 5. It is understood that the contributions hereinabove set forth are due and payable to defer the cost of retired members' health insurance premiums. If a retired member should select an insurance carrier other than a carrier selected by the City, the contributions shall be made to the employee upon proof of the selected insurance carrier's premium. SECTION 10 RETIREE LIFE INSURANCE The City shall authorize the classes represented by the Association, who retire after July 1, 2001 to purchase life insurance through the City's plan, if permissible. The City shall contribute up to sixty-six dollars ($66) per year to offset the premium for the minimum ten thousand dollar ($10,000) policy for each such employee for the remainder of their retirement. SECTION 11. PF.RS F.MPLOVEF.'S CONTRIBUTION — PAID RV CITY A. Added to Rase Salary Reported to PFRS 1. There shall be added to each unit employee's base taxable compensation paid by the City on behalf of unit employee, an amount -6 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY known as the member's contribution reportable to the Public Employees Retirement System. 2. This amount shall constitute the entire member's contribution that is required to be made under the System as determined below. The taxable base pay shall be inflated by 9% via the following method: a. Base pay divided by .91 times 9% equals employee contribution. b. Example: $1,000 divided by .91 = $1,098.90 x 9%= $98.90 (employee's contribution paid by the City). Known as the "West Covina Plan", this is to say the taxable base is .91 % of the total. 3. This Section is not intended to, nor will it change, the City's Contribution on behalf of unit members to PERS and/or the City's past practice in the manner in which this benefit is paid or calculated. SECTION 12. UNIFORM ALI-OWANCF, The City shall provide a uniform allowance of $550 per year to each employee. Each new employee shall be provided two (2) pairs of pants made from Nomex material. SECTION 13. LONGEVITY Effective July 1, 2004 all sworn fire personnel covered by this agreement and in recognition of continuous sworn service with the City of West Covina, the City shall provide additional compensation for years of service as follows: 10 years of service: 2% of base salary 15 years of service: 3% of base salary 20 years of service: 4.5% of base salary 25 years of service: 7% of base salary SECTION 14. EDUCATIONAL INCENTIVE Employees represented by the Association shall be eligible for the following educational incentives in the month following the month in which the degree is obtained or for those • employees who are currently receiving educational incentive pay, in the month that this new educational incentive program becomes effective: Associate of Arts Degree or equivalent (60 semester or 90 quarter units): Firefighter $135per month _7 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY • C Fire Engineer $145 per month Fire Captain $168 per month Associate of Arts Degree or equivalent plus State Firefighter H Certificate: Firefighter $270 per month Fire Engineer $290 per month Fire Captain $335 per month Bachelor's Degree: Firefighter Fire Engineer Fire Captain $235 per month $245 per month $268 per month Bachelor's Degree plus State Firefighter 11 Certificate: Firefighter $370 per month Fire Engineer $390 per month Fire Captain $435 per month Master's Degree: Firefighter $335 per month Fire Engineer $345 per month Fire Captain $368 per month Master's Degree plus State Firefighter II Certificate: Firefighter $470 per month Fire Engineer $490 per month Fire Captain $535 per month In order for an employee to be eligible for an educational incentive pay increase for their Bachelor's or Master's Degree, said degree must be from an accredited institution and be in a field that supports the employee's job related responsibilities or has value to the organization (Department and/or City). An employee's Associates of Arts Degrees or equivalent college units will qualify the employee for educational incentive pay if the degree or college units are meeting general education requirements, support job related responsibilities or have value to the organization. Employees currently receiving educational pay for their degrees will continue to receive educational incentive pay under the new educational incentive pay program, subject only to proof that their degree is from an accredited institution. SECTION 15. BILINGUAL SKILLS PAY Employees with bilingual skills shall receive one hundred dollars ($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 Personnel Z: MOU - FFA.MOU 04-07 FINAL 8 ASSOC CITY 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 16. 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. The mileage reimbursement rate shall be the rate set forth by the IRS. SECTION 17. MiNiMiiM STAFFING POLICY The City will maintain a minimum staffing of Companies and Units as follows: A. Three -person engine companies (1 Captain, 1 Engineer, 1 Firefighter/ Paramedic) B. One (1) four -person truck company (1 Captain, 1 Engineer, 1 Firefighter and 1 Firefighter/Paramedic or 1 Captain, I Engineer, and 2 Firefighter/Paramedics). The City reserves the right to change the herein minimum staffing level as set forth in this subsection `B". C. Three (3) two -person paramedic rescue ambulances (2 Firefighters/ Paramedics). SECTION 18. ACTING TEMPORARY AND RANK FOR RANK COVERAGE Acting temporary and rank for rank coverage provisions shall be used only in the event of short time, temporary absences, i.e. Company Officer training meetings. SECTION 19..iiJRY DIiTY 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 20. iiSE 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. _9 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY • 0 SECTION 21. 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/Accmmnlation 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 factors. B. Sick heave 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 Assistant Fire Chief. When calling in sick, call your station first. If your station is not in quarters then call Station 2. Co Physician Documentation 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 ground for denial of sick leave pay and the imposition of such disciplinary action as may be deemed appropriate. 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. D. Sick Leave Recnneration 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 -10 Z: MOU - FFA.MOU 04-07 FINAL ASSOC • CITY 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. E. 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. F. Sick Leave on Terminatinn 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 22. BEREAVEMENT LEAVE The bereavement leave section of the Personnel Rules, as these rules relate to fire unit members, shall be amended according to the following: Three shifts of said leave per occurrence will be available to a fire platoon shift employee in the event of the death of said employee's grandparent, parent, spouse, in-laws, child, stepchild, grandchild, brother, or sister. If additional bereavement leave is necessary, a department head must approve it. This leave is supplemental to the current sick leave program. SECTION 23. HOLIDAYS Holidays shall be granted on the basis of one holiday (12 hours) 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 24. MINIMUM CALLBACK Approved overtime for Fire Department employees entitled to it shall include only hours -11 Z: MOU- FFA.MOU 04-07 FINAL ASSOC CITY 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 25. 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 26. RDUC ATIONAL 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 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 workdays 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 H 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. -12 Z: MOU- FFA.MOU 04-07 FINAL ASSOC C11'Y • -• 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 27. TRANSFER AND RID SYSTEM Introdnetinn: The following Transfer and Bid System program will remain in effect during the term of this MOU. If problems occur during the term of the MOU, the City and the Association will meet to look at alternative approaches to resolve those problems. If the problems cannot be worked out to the satisfaction of both parties, the City will revert back to its previously effective Transfer and Rotation programs. A. There shall be two types of transfers: 1. Employee Requested 2. City Initiated B. Open Position Transfer: I. 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 -13 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY • • 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. All classes shall have the option of bidding for transfer to be effective in January of each year. b. Fire Captains shall have the opportunity to bid for transfer each year. C. Fire Engineers shall have the opportunity to bid for transfer each year. 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. 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. b. 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 28. VACATION POLICY A. Vacation time shall be taken in 24 hour periods, except for one 24 hour -14 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY • 0 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 or notified by telephone so that each of the other shifts will have worked at least one full 24 hour shift. 3. Persons wanting to work the hours shall respond by E-mail or personal contact to the person requesting the time off. 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 semonty. 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 hours and the hours are logged in Telestaff (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 their Captain of the requested time so it can be logged on Telestaff. 9. The hours are logged at the time of notification of the overtime, not at the time of the actual OT. 10. Hours shall be zeroed out at the end of every year. 11. With an Assistant Fire Chiefs approval, an employee may call for a vacation day between 1800 hours the day before and 0700 hours the day of said vacation. B. Eligible unit employees shall earn and accumulate to a maximum vacation leave paid at the fifty-six (56) hourly rate as follows. Z: MOU - FFA.MOU 04-07 FINAL 15 ASSOC CITY C • Months of Service Hours Accumulated Per Pay Period Hours Accumulated Per Month Maximum Accruals 1 - 60* 4.62 10.00 360 61 - 108 6.93 15.00 420 109 - 120 7.38 16.00 432 121 - 132 7.85 17.00 444 133 - 144 8.31 18.00 456 145 - 156 8.77 19.00 468 157 + 9.23 20.00 480 At the completion of 60 months, add 60 hours of vacation leave. Effective July 1, 2005, eligible unit employees shall earn and accumulate to a maximum vacation leave paid at the fifty-six (56) hourly rate as follows: Months of Service Hours Accumulated Per Pay Period Hours Accumulated Per Month Maximum . Accruals 1 - 60* 4.62 10.00 360 61 - 108 6.93 15.00 420 109 - 120 7.38 16.00 432 121 - 132 7.85 17.00 444 133 -144 8.31 18.00 456 145 - 156 8.77 19.00 468 157 -167 1 9.23 20.00 480 168 -179 9.69 21.00 480 180 - 191 10.15 22.00 1 480 192+ 10.62 23.00 1 480 At the completion of 60 months, add 60 hours of vacation leave. C. Banked Vacation- Banked vacation shall not exceed 480 hours. 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. 1 Firefighter and 3 Firefighter/Paramedics or 4 Firefighter/ Paramedics. SECTION 29. OVERTIME POLICY A. Sign Up Overtime Overtime shall be handled by Station 2 Captains. To be eligible for overtime, -16 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY • the employee must be on Telestaff before 1800 hours the day before the 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 Telestaff, 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 Telestaff before 1800 hours the day before. An employee can sign-up 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 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. B. Mandatory (Overtime Station 2 Captains will use Telestaff to fill mandatory overtime. 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 -17 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY • 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 force -hired (actually forced to work on the second round of calls) his name shall be placed on a force -hired list of persons that have been force hired. 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 force hired, unless it is impossible to contact any other member. A person whose name is on the force hired list will still be called on the first round of calls for future force hires and if he turns the time down he will be charged red hours, but not be forced to work. The force -hired list shall be kept in chronological order. The first person to be force -hired shall be placed first on the list and all subsequent force -hires shall be listed in order below him. In the event that a position must be filled and no person not on the force -hired list can be contacted, the position will be filled by the first person on the force -hired list that can be contacted. That person forced hired again shall be entered again on the force -hired list. That person shall not be forced to work another force -hire until all members of that rank have worked a second force -hire. This procedure will repeat for subsequent force -hires. 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 force -(tired list will be thrown out and a new force -hired list for the upcoming year will be established. There will be no isExceptions from the previous year's list. Exceptions to the Mandatory Pnliry - Employees on vacation or trade of shifts shall not be forced to work mandatory overtime. No member shall be contacted for mandatory overtime if on IOD, bereavement leave, or extended sick leave -I8 L: MOU- FFA.MOU 04-07 FINAL ASSOC CITY • (extended sick leave is three shifts or more, with a doctor's note). An employee may be force hired into a 72 hours, however, that employee will only be charged 24 hours and not 48 hours. If the force hire 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. An Emergency Recall Overtime List shall be kept at Fire Station 2, and with Assistant Fire Chiefs 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 Assistant Fire 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. D. General Rules Under this system an employee can work 72 hours but anyone working more than 72 hours needs permission from the Assistant Fire Chief. 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 March 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 -19 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY • 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, however they shall remain eligible for the force hire list. If too many people in any rank remove their name from the system this option may be re-evaluated by the Association and staff. 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. If a member is to leave the overtime system they may not rejoin the overtime system for three months. Upon their return they shall be given the highest hours of their rank plus one hour. If a member cancels a scheduled vacation or trade during a period that their rank was force -hired, they shall receive all appropriate red hours. 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. E. 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. F. Coverage For 1 - 4 Hmirs If coverage is needed from I - 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 - 20 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY 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. 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. MIRM17M. RIM 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 overtime, they must be available to work the entire 24 hours. SECTION 30. COMPENSATORY TIME. A. Effective the first day of the pay period beginning on or after January 1, 2006, unit employees may elect to receive compensatory time off in lieu of pay for overtime hours worked. Employees may elect to receive part compensatory time off and part overtime pay for overtime hours worked. Such compensatory time off shall be credited to the employee's account on a time and one-half basis; i.e. one and one-half hours for each overtime hour worked B. A maximum of 75 shifts (1,800 hours) department -wide will be available to all unit employees to be taken as compensatory time during each calendar year. Taking compensatory time in lieu of pay for overtime hours worked will be on a • first come first serve basis until the 75 shifts (1,800 hours) for the calendar year has been exhausted. For purposes of this section the calendar year will begin on the first day of the first pay period beginning on or after January 1 of each year. -21 L: MOU-FFA.MOU 04-07 FINAL ASSOC • • C. Unit employees working overtime hours that were created as a result of another unit employee utilizing compensatory time off shall not receive Compensatory time off in lieu of pay for those overtime hours worked. D. Unit employees may accumulate up to a total of seventy two (72) compensatory hours. E. Once compensatory time off is selected and approved by management, the employee may not request cash payment for these hours. Upon separation of employment, the employee shall be paid for accumulated compensatory time. F. Accumulated compensatory time may be utilized as paid leave on a straight time hour for hour basis at the mutual convenience of management and employees. All compensatory time utilized as paid leave by an employee shall be debited from their accrued compensatory time bank. G. All current rules covering the use of vacation time will also apply to the use of compensatory time. It will be the responsibility of the person requesting compensatory time off in lieu of pay for overtime hours worked to inform the Station 2 Captain when accepting the overtime position that the employee is electing to receive compensatory time off in lieu of pay. SECTION 31. GRIEVANCE PROCEDURE Refer to Personnel Rule XV, Grievance and Complaint Procedure. SECTION 32. 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 from a panel of five (5) names to be requested from the State Conciliation Service. "L: MOU - FFA.MOU 04-07 FINAL 22 CITY • • SECTION 33. PAYROLi, DEDiICTiONS 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 34. i.AYOFF POLICY AND PROCEDi1RE Refer to Personnel Rule XI, Layoff/Reemplo3m,ent. SECTION 35. 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 affects 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 36. MiSCELi,ANEOiiS i,EAVES 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 - 23 Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY • U] 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 37. 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 38. 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, 2007, the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 2007. SECTION 39. CRITERIA FOR TRIAL PERIOD FOR 48196WORK SCHEDULE The City and the Association have agreed that beginning with the work schedule starting with the 24 day cycle on December 26, 2005, the work schedule for shift fire personnel will be converted from 3/4shift to a 48/96 work schedule for a twelve (12) month trial period commencing on January 13, 2006, in accordance with the terms and conditions of Exhibit A, Criteria for Trial Period for the 48/96 work schedule. The terms and conditions set forth in Exhibit A, Criteria for Trial Period for 48/96, are expressly incorporated into this MOU by reference. L: MOU - FFA.MOU 04-07 FINAL 24 ASSOC CITY • WEST COVINA FIREFIGHTERS' ASSOCIATION LOCAL #3226 IAFF, AFL-CIO, CLC DATE Scott MacMaster, Fire Captain Chief Negotiator Todd Smith, Fire Captain, President Greg Layton, Fire Captain Bob Russell, Fire Captain Adam Berger, Firefighter/Paramedic Paul Krueger, Firefighter/Paramedic CITY OF WEST COVINA DATE Artie A. Fields, Assistant City Manager and Interim Human Resources Director - Chief Negotiator Charles H. Goldstein, Attorney at Law, Co -Chief Negotiator Thomas Bachman, Finance Director Jerald J. Johnson, Assistant Fire Chief Traci Bailey -Hudson, Human Resources Analyst II IN WITNF.SC WHEREOF_ the parties herein have caused this Agreement to be executed this Day of 2005. City Attorney Z: MOU - FFA.MOU 04-07 FINAL 25 ASSOC CITY • Criteria for Trial Period 48/96-work schedule The City Council Agrees to a 12-mouth trial 48/96-work schedule with the following conditions: Section 1: Policy 1. It shall be the policy of the West Covina Fire Department to periodically review the Fire Department's work schedule to evaluate its effectiveness. The 48/96-work schedule is such an endeavor and would impact the following positions: Assistant Fire Chief, Fire Captain, Fire Engineer, Firefighter/Paramedic, and Firefighter. 2. Proponents of the 48/96-work schedule believe that the Fire Department's efficiency and communication would not be compromised and may be enhanced. The schedule also decreases the amount of commuting time and may enhance the City's ability to retain valued employees, and to aid in recruiting purposes. Section II: Procedures: 1. The evaluation of the 48/96-work schedule will be based on a 12-month trial period. 2. The 48/96-work schedule is a three -platoon system in which employees work two consecutive twenty-four hour shifts for a total of forty-eight hours, and have ninety—six consecutive hours off. A typical work schedule is as follows: X= work day, and 0=day off: XXOOOOXXOOOOXXO000 and so on. 3. The 48 hour cycle is in reality two (2) 24-hour shifts, sick leave and annual leave will be used in 24-hour increments (i.e., to take off one cycle will take two (2) 24-hour shifts). 4. Equipment checks (Vehicles and Paramedic) will continue to be done on a daily basis (twice per work cycle). 5. Day 2 of the cycle is the same as day one, out of bed by 0700 hours and properly groomed by 0800 hours. 6. Overtime will be in accordance with existing MOU procedures. • 7. During the changeover to anew schedule or if the schedule should revert back, the department shall not incur any overtime expenditures. 8. In the event one shift is scheduled to work both December 241h and December 251h of the same year, the shift assigned to work on December 23' will be reassigned to work December 24`h. The shift originally scheduled to work on December 241h will be reassigned to work December 23`d. - 26 Z: MOU - FFA.MOU 04-07 FINAL. ASSOC CITY Section III: Review Period 1. If during the trial period, the City Manager, Fire Chief and/or the Fire Association perceive the schedule is creating any negative impact, the schedule shall automatically revert back to the previous 56-hour work schedule, 27-day work cycle. Ex. XOXOX0000 2. Prior to schedule implementation date, a review committee, comprised of both management and labor representatives, shall be selected to meet quarterly to review the status of the 48/96- work schedule. 3. Within a 90-day period following the 12-month trial period, the 48/96 Work Schedule will continue and the following shall occur: a. The Review Committee shall present a report to the City Manager regarding the impact of the 48/96-work schedule. i. Average sick leave usage hours used by all Fire unit employees on the 48/96-work schedule within a 12-month period must remain below the average identified in the 2003 sick leave report (to be determined by the City Manager); ii. Total operational costs in a 12-month period will not exceed the FY 2004- 05 budgeted operational costs; iii. Significant Emergency medical services quality control indicators will not exceed the 2004 annual audited period, i.e. field treatment protocol, documentation completeness, vital sign indicators, and/or appropriate medication therapy indicators; iv. Total number of worker's compensation claims in a 12-month period will not exceed the 2004 calendar year claims; v. Anecdotal information from a number of jurisdictions that have adopted the 48/96-work schedule have repeatedly raised the concerns of employee fatigue as a result of working two consecutive 24-hour shifts. As a result, the City has developed a Fatigue Policy to ensure that firefighters are functioning at a level suitable for responding to medical emergencies. (See Attachment 3); vi. Minimum staffing levels will be maintained at all times; vii. Total disability retirements in the 12-month trial period shall not exceed the number of disability retirements in the 2004 calendar year; viii. Total safety violations in the 12-month trial period shall not exceed the number of safety violations in the 2004 calendar year; and • ix. Total number of disciplinary actions against firefighters in a 12-month period shall not exceed the number of disciplinary action in the 2004 calendar year. b. The City Manager shall present the findings of the report to the WCFA for comment; i;l Z: MOU - FFA.MOU 04-07 FINAL ASSOC CITY • c. The WCFA shall have the right to submit their comments as an attachment to the City Manager's report for presentation to the City Council; and d. The City Manager shall present a recommendation to the City Council to continue or discontinue the 48/96-work schedule and the City Council shall decide to continue or discontinue the 48/96 work schedule. 4. If the City Council should approve extending the 48/96-work schedule for a second year after the completion of the 12-month trial period, the 48/96-work schedule will be evaluated at the end of the second year and will be evaluated based on the same criteria as the initial 12 month period criteria. Section VI: Work Cycle - Fair Labor Standards Act (FLSA) The revised work cycle will be in accordance with applicable FLSA provisions and will be negotiated as part of a comprehensive MOU. Z: MOU - FFA.MOU 04-07 FINAL - 28 ASSOC CITY • APPENDIX "A-1" CITY OF WEST COVINA FIREFIGHTER'S ASSOCIATION POSITIONS (4 Classifications) The following are those classifications which have been recognized by the City to be assigned to the Firefighter's Association. JOB TTTT.FS/CT.ASSTF1CAT10NS Firefighter Firefighter Paramedic Fire Engineer Fire Captain Z: MOU - FFA.MOU 04-07 FINAL - 29 ASSOC CITY APPENDIX "A-2" CITY OF WEST COVINA FIREFIGHTERS ASSOCIATION I.A.F.F., LOCAL 3226 SALARY RANGES Effective the first day of the pay period beginning on or after Job Title Pay Range Step 1/1/2004 7/1/2004 (4%) 7/1/2005 (2.5%) 1/1/2007 (2.5%) Firefighter FR010 1 $ 4,262 $ 4,432 $ 4,543 $ 4,657 2 $ 4,475 $ 4,654 $ 4,770 $ 4,890 3 $ 4,699 $ 4,887 $ 5,009 $ 5,134 4 $ 4,934 $ 5,131 $ 5,259 $ 5,391 5 $ 5,180 $ 5,388 $ 5,522 $ 5,660 Firefighter Paramedic FR020 1 $ 4,967 $ 5,166 $ 5,295 $ 5,427 2 $ 5,215 $ 5,424 $ 5,560 $ 5,699 3 $ 5,476 $ 5,695 $ 5,838 $ 5,983 4 $ 5,749 $ 5,980 $ 6,129 $ 6,283 5 $ 6,037 $ 6,279 $ 6,436 $ 6,597 Fire Engineer FR020 1 $ 4,967 $ 5,166 $ 5,295 $ 5,427 2 $ 5,215 $ 5,424 $ 5,560 $ 5,699 3 $ 5,476 $ 5,695 $ 5,838 $ 5,983 4 $ 5,749 $ 5,980 $ 6,129 $ 6,283 5 $ 6,037 $ 6,279 $ 6,436 $ 6,597 Fire Captain FR030 1 $ 5,808 $ 6,040 $ 6,191 $ 6,346 2 $ 6,099 $ 6,342 $ 6,501 $ ,,663 3 $ 6,403 $ 6,659 $ 6,826 $ 6,997 4 $ 6,724 $ 6,992 $ 7,167 $ 7,346 5 $ 7,060 $ 7,342 $ 7,526 $ 7,714 Z: Fire Negotiations2004/MOU Drafts - Appendix A-2 Fire Salary Schedule - 2004-2007 0